USA > North Carolina > History of North Carolina: The Colonial and Revolutionary Periods 1584 1783, Volume I > Part 11
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dition. They had checked immigration, driven many people out of the province, and taken a heavy toll of human life. The destruction of property in the Tuscarora War was widespread. Bath County, the chief scene of conflict, was "totally wasted and ruined." Along the Neuse and the Pamlico all livestock had been driven off or killed, crops had been destroyed, plantations laid waste, and scarcely a cabin had been spared the torch. Conditions in Albemarle, although that county had escaped the ravages of actual fighting, were but little better. Besides supplying its own needs, Albemarle had been compelled for three years to pro- vide for the necessities of Bath County and to support the military forces raised in both the Carolinas against the enemy. Its supply of pork and grain was exhausted, its trade de- stroyed, and its people, wrote Governor Pollock, reduced to poverty greater than one could well imagine. Throughout both counties want and distress were universal. The poor had been ruined and the rich made poor. With "scarcely corn to last them until wheat time, many not having any at all," with- out money "wherewith to pay their debts," "having now little or no trade, " and therefore unable to "supply themselves with clothing necessary for their families," the people of North Carolina faced the winter of 1713-14 with gloomy apprehen- sions.
To their private burdens was added the burden of a public debt which Governor Pollock thought was greater than they "will be able to pay this ten or twelve years." In 1712, under the stress of war, the Assembly had unanimously laid "a great duty * on all goods exported or imported by land or water," but since these duties could not be collected immedi- ately, it had authorized the emission of bills of credit to the amount of £4,000,-the first issue of paper money in the his- tory of North Carolina-which were to be redeemed by the revenue arising from the duties. The following year another issue of £8,000 was found necessary. North Carolina, there- fore, came out of the war heavily in debt and face to face with urgent demands for funds for the work of reconstruction. In 1714, accordingly, in order to redeem the currency already out and to provide for the pressing needs of the province, the As- sembly authorized the emission of £24,000 in bills which were made "passable for all debts at rated commodities of the coun- try." By 1722, about one-half of these bills had been retired, and the Assembly of that year issued £12,000 in new bills to redeem the balance, but when the king purchased the province
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in 1729, £10,000 of the old bills were still outstanding. Accord- ingly, before the transfer from the Proprietors to the Crown had been completed, in order to retire the £10,000 of outstand- ing bills and to provide an additional currency of £30,000, the Assembly, "by a pretended Law made in November, 1729," authorized an issue of £40,000.
The Assembly adopted numerous expedients to sustain the value of its currency, but it failed to adhere consistently to the only one, taxation, which could have accomplished that result. Duties were imposed on exports and imports to sustain the issue of 1712, but the duties were not collected. Taxes were also levied to redeem the bills of 1714, and "the Publick Faith was pawn'd" to sustain them; but, as Burrington said, "that Faith was afterwards broke in upon, the Taxes for sinking them were lessened, and afterwards more Bills emitted." As a result, the Assembly was early driven to artificial expedients. In 1715, it found it necessary to deelare that all persons who refused to accept the bills for fees or quit rents, or who took them at a discount, were "Guilty of a very Great Breach of the act of the Assembly conserning the currency of these bills." But the most serious blow to their value came from a source over which the Assembly had no control; the Lords Proprietors refused to accept them for any of their fees and rents. A committee of the Assembly was appointed to memo- rialize the Proprietors on the subject and even to petition them to accept the bills in payment for land in both North Carolina and South Carolina. The Lords Proprietors were reminded that the bills had been issued "to defray the Expence of the Warr to save their Lordships Country from a great danger, "and which they had nothing contributed to defend, therefore it' was reasonable the Lords should so far partake as to suffer their Rents and Dues to be paid in these Bills." To the As- sembly's prayer, however, the Lords Proprietors curtly re- plied that the clause in the currency act which made the bills receivable for their fees and quit rents was an unreasonable interference "in matters relating only to Us," adding, "We think you have nothing to do with our Lands and therefore you must expect to receive that Clause at least, in that Act of Assembly, repeal'd." At the same time they demanded that all dues to them be paid "in sterling money," or "in produce of the Country equivalent thereto." This demand was a severe blow to the credit of the bankrupt colony, and the result was inevitable. Recognizing the impossibility of pre- venting depreciation, the Assembly in 1729 accepted the sit-
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uation and reserved to itself the right to declare annually at what exchange the bills should pass. In the meantime the bills had been sinking lower and lower. As early as 1717 they were passable even in payment of the stipends of mis- sionaries only "at a vast discount." In 1725, they passed at about 5 for 1 of sterling, and in 1733 Burrington de- clared that he had purchased articles "for which I have pay'd in the Province Bills more than 20s for what cost but one in England."
One beneficial result of the Indian war was assuredly some compensation for its numerous ills. Hancock and his painted warriors destroyed the factionalism that had so long cursed the colony. During the war Cary, released from custody in England, returned to North Carolina, but his arrival excited neither the hopes of his former friends nor the fears of his enemies. Bitter experience had taught both a lesson, and Cary, finding no further opening for the exercise of his talents in North Carolina, departed for the West Indies, where history fortunately loses sight of him. Governor Pollock bore witness to the loyalty with which all factions supported his administra- tion, declaring that the war had extinguished "the fire of dif- ference and division amongst the people." "The Quakers," he said, "though very refractory and ungovernable in Mr. Glover's and Governor Hyde's administration, * [I] must needs acknowledge they have been as ready (especially in supplying provision for the forces) as any others in the Government." "Thanks be to God," wrote the missionary, John Urmstone, in the winter of 1713, "we have no disturb- ance among ourselves, but all peoples hearts unite and every Member of the Government is as happy as the times will admit " of under the wise and prudent administration of our good President." When Pollock surrendered the administration to Governor Eden in May, 1714, the colony was enjoying for the first time in a decade a period of "peace and quietness."
CHAPTER VIII
PROBLEMS OF RECONSTRUCTION
The peace which followed the Tuscarora War was not the peace of despair, or of sloth and inaction, nor yet of indiffer- ence to the public welfare. The defeat of Cary's revolt against Hyde, the separation of the government of North Carolina from that of South Carolina, and the expe- riences of the Indian war, all tended to strengthen the government and to discredit the revival of personal fac- tions; the days for such adventurers as Culpepper and Miller, "Governor Gibbs" and Thomas Cary, were gone for- ever. Never again in its long history, except during the dark days of Reconstruction, was a chief executive of North Carolina to hold his office by a disputed title. The disgraceful quarrels of Everard and Burrington were yet to come, but they involved only the narrow circles of the personal friends of the disputants; the great body of the people stood aloof looking on with amusement or disgust. Issues more important than the ambitions and passions of individual leaders gradu- ally arose, which grew out of conflicting views of the theories and principles of government and formed the basis for logical and healthy political divisions among the people. Although there were no elaborate organizations, or formal declarations of principles and policies, such as characterize modern polit- ical parties, nevertheless these divisions were distinct enough in personnel and in opinions for us to think of them as political parties.
First, there was the party which, for lack of a better name, we may call the government party. Its cardinal principle was belief in the necessity for a strong executive. In the adminis- tration of the government, it looked for guidance to instruc- tions from the Lords Proprietors-after 1731 from the king- which, however inconsistent they might be with the charter, the Fundamental Constitutions, or even with the principles of the British Constitution itself, it regarded as binding upon all
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colonial officials. This party found its chief support among members of the Council and other officials who owed their positions to the Lords Proprietors, or to the Crown; among those who hope to promote their financial or social interests through official influence; and among those who sincerely believed that the best interests of the col- ony would be served by a government as independent of the people as possible. The governor himself was regarded as its leader, although not infrequently some prominent colonist, by reason of his superior abilities or character, as in the case of Thomas Pollock, so overshadowed the governor as to become the real if not the nominal party leader.
Over against this government party was the party which the historians of North Carolina like to call the popular party. This name expresses its political philosophy. Its fundamental principle was that the will of the people should be supreme in the government and that the people's will found expression through their representatives in the General Assembly. "This lawless people," wrote Urmstone in 1717, "will allow of no power or authority in either Church or state save what is de- rived from them." "The Assembly of this Province," testi- fied Burrington in 1731, "have allways usurped more power than they ought to have." "All the Governours that were ever in this Province," he wrote at another time, "lived in fear * of the People and Dreaded their Assemblys. * They insist that no Public money can or ought to be paid but by a claim given to and allowed by the House of Bur- gesses." The people having no voice in the choice of their governor, the highest office within their gift was the speaker- ship of the General Assembly ; to that office, therefore, the am- bitious politician aspired and to it the leader of the popular party was generally chosen. As the Council was the voice of the government party, so the Assembly was the voice of the popular party, and most of the political history of the colony revolves around the struggles of these two forces for suprem- acy.
The earliest statement extant of the principles of the two parties is found in the records of the second year of Governor Eden's administration. Its origin is somewhat obscure, but it appears to have grown out of the action of the governor and Council in impressing men and property for military service against the Indians without specific authority from the Assem- bly. For this action, the Assembly severely criticised the exec- utive department. When this criticism was brought to the at-
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tention of the Council, that body unanimously resolved that it "tends very much to ye Infringement of ye Authorityes and powers of ye Government for that it is undoubtedly preroga- tive to imppress and provide such necessaryes as they shall see fitting on any present Invasion, Insurrection or other pressing Emergencies or unforseen necessaties." Thus the government party, emphasizing the "prerogative" of the executive, in reply to the popular party, which had laid em- phasis on the "Authority of Assembly." The views of the latter had been expressed in a resolution, drawn, it is thought, by Edward Moseley, speaker, and for nearly forty years the un- disputed leader of the popular party, and unanimously adopt- ed by the Assembly. It declared "that the Impressing the In- habitants of this Governmt or their Effects under pretence of its being for ye Publick Service without Authority of Assem- bly is unwarrantable [and] A Great Infringmt of the Liberty of ye Subjects." The popular party thus took its stand in support of the principles upon which the American Revolu- tion was afterwards fought, and from that position it never receded. It is the fact that most of the contests during our colonial history between the executive and the Assembly, i. e., between the government party and the popular party, in- volved this vital principle that lifts them above the level of petty colonial politics and clothes them with undying interest and significance.
From the bitter experiences through which North Carolina had passed, certain lessons were deducible which were not lost upon the people, and these lessons found expression in the legislation of the time. It was apparent that many of the col- ony's troubles were traceable to the weakness of govern- ment, inefficient and often corrupt administration of public affairs, and the general confusion arising from the uncertainty as to what laws were in force in the province. To remedy these evils, the General Assembly in 1714 determined upon a careful revision of "the ancient standing laws of this Government," and this revision was made by the Assembly in 1715. Its work forms a landmark in the history of North Carolina. When the student of our constitutional development, says Dr. Bas- sett, comes to this "Revisal of 1715," he experiences a feeling of relief, for here he leaves behind all the confusion and diffi- culties arising from a dubious system and meager data, and stands at last on solid ground. Doubt gives place to certainty, for now, in well preserved and authentic records, he has before Vol. 1-8
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him a clear outline of the government.1 He has, indeed, much more than that, for in these revised statutes, sixty-nine in num- ber, covering nearly a half-century of our history, we find a picture of the life of the people, a record of their struggles and achievements, and an expression of their ideals and aspira- tions.
To strengthen the government, an act "for the more effect- ual observing of the Queen's Peace, and Establishing a good and lasting Foundation of Government in North Carolina," originally passed in 1711, was brought forward in its entirety. The preamble is historically interesting. After attributing the "several Revolutions" that had occurred in the colony, and the ruin and suffering resulting from them, to "the late un- happy Dissentions" among the people, it asserts that "it has pleased God in a great Measure to influence us with a deep Concern for our Calamities, and put into our Hands a Power and Resolution of removing these threatening Evils and Dan- gers, and for the future to procure a happy Restoration of Peace and Tranquility amongst us, by making such good and wholesome Laws whereby Religion and virtue may flourish, our Duty to our Prince and Governors be put in practice and maintained, our Laws, Liberties, and Estates preserved and kept inviolated, and Justice and Trade encouraged." To secure these results severe punishment "by fine, imprisonment, pil- lory, or otherwise at the discretion of the court," was pro- vided for persons found guilty of seditious words or conduct. of spreading "false News" or "scurrilous Libels" against government, and of participating in conspiracies, riots, or re- bellions. As a still further discouragement to future Culpep- pers, Gibbses, and Carys, the act also declared that any per- son indulging in such pastimes should be incapable of holding any office in the province for three years. "And because it has always happened," continues this interesting statute, "that upon vacancy of the Government, seditious and Evil-minded Persons have taken Occasion to dispute the Authority of the succeeding governor or President, however Elected or Quali- · fied, for want of certain Rules being laid down and approved of by the Lords Proprietors," the Assembly imposed the duty of filling such a vacancy upon the Council and specifically di- rected how it should perform that duty.
1
Careful attention was also given to problems relating to the administration of public affairs. Acts were passed pro-
1 The Constitutional Beginnings of North Carolina, p. 60.
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viding for the appointment and defining the duties of certain precinct officials ; fixing the fees of all officials from the gov- ernor down; requiring every officer, unless appointed by the Lords Proprietors, to give bond "for the faithful discharge of his Office"; regulating court proceedings; declaring the methods of probating wills and granting letters of administra- tion; providing for the care of orphans; fixing the age at which a person should be considered a tithable, and directing how lists of tithables should be taken in the several precincts. One important act put into effect that clause of the Fundamental Constitutions guaranteeing biennial sessions of the General Assembly. It fixed the date and places of elections; directed how elections should be held; defined the qualifications for members and for voters ; allotted five members each to the pre- cincts of Albemarle County and two each to all other precincts ; and declared that "the Quorum of the House of Burgesses for voting & passing of Bills shall not be less than one full half of the House."
This act was a favorite measure of the popular party, but when put to the test it was found to contain defects which nul- lified its purpose. In September, 1725, in accordance with its provisions, representatives were elected to meet in Assembly in November; but in October, Governor Everard, acting upon the advice of his Council, prorogued the session until April 1, 1726. His action aroused the indignation of the popular party, and in defiance of his proclamation the representatives- elect met at the appointed time and undertook to organize a house. The governor, of course, refused to recognize them as a legal body, and declined to send to them the election returns of members, or to receive their speaker. The representatives thereupon adopted a protest against this "Pretended Proroga- tion" as "being Contrary to the Laws of this Province, an In- fringement of their Liberty & Breach of the Priviledges of the People." Then, having resolved that they would "Proceed to no business until their Lawful Priviledges which they now claim are Confirm'd unto them by the Governor & Council," they adjourned to the date set by the governor's proclama- tion. However, they were forced to recede from their position because technically they were in the wrong. The act to which they appealed called for biennial sessions, "Provided allways & nevertheless that the Powers granted to the Lords Proprie- tors from the Crown of Calling, proroguing & dissolving As- semblys are not hereby meant or intended to be invaded, lim- ited or restrained." This provision, of course, placed sessions
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of the Assembly completely at the mercy of the governors, who did not fail to make full use of it. Another defect in the law was the unequal distribution of representatives among the precincts. This inequality of representation later caused a division in the popular party itself, which their opponents, under the leadership of Governor Johnston, skillfully turned to their advantage. The government party also objected to the provision that fixed upon a majority as a quorum, and to the assumption that the General Assembly had power to erect pre- cinets and grant them representation; these two features gave rise to bitter controversies, and finally, in 1737, led to the repeal of the act by the king in Council.
As there was no printing-press in the colony, the laws were to be had only in manuscript form, copies were scarce and often inaccessible, and public officials in whose custody they were placed were not careful to keep them properly revised. So confused had they become that even officials and attorneys could not say, without long and inconvenient searching of the scattered records, what laws were in force. To clear up this uncertainty the Assembly declared that all laws passed prior to 1715, unless expressly excepted by title, were repealed and that the statutes contained in the revision of 1715 should "be of full force & shall be hence forward deemed, taken & ad- judged as the body of the laws of this Government & no other heretofore made." At the same time, inasmuch as North Car- olina was "annexed to and declared to be a Member of the Crown of England," and its laws were required by the charter to be in harmony with the laws of England, the Assembly de- clared that it was manifest "that the Laws of England are the Laws of this Government, as far as they are compatable with our Way of Living and Trade." For the information of the people, court officials were required to see that a copy of the laws be "constantly laid open upon the Court table during the sitting of the Court," and each precinct clerk was to read them aloud once a year, "publickly & in open Court."
Among the laws of England expressly declared to be in force in North Carolina were "all such laws made for the es- tablishment of the Church and the laws made for granting in- dulgences to Protestant Dissenters." Not only was the legal status of the Church of England thus recognized, it was fur- ther declared to be "the only Established Church to have pub- lick encouragement" in North Carolina. A vestry act was therefore passed which divided the province into nine parishes, named vestrymen in each, prescribed their duties, and empow-
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ered them "to raise and levy money by the poll" for support of the Establishment. It was the last vestry act passed under the proprietary government, and remained in force until 1741.
Ministers were supplied to the colony by the Society for the Propagation of the Gospel. Its first missionary to North Carolina was John Blair, who arrived in January, 1704. Blair found in the colony three small churches. He remained here only six months, but by travelling "one day with another, Sun- days only excepted, about thirty miles per diem," and often sleeping in the woods at night, he succeeded in covering the parishes of Chowan, Perquimans, and Pasquotank. In them he organized vestries, instructed them in their duties, preached twice every Sunday and often on week-days, and baptized about one hundred children. "There are a great many still to be baptized," he reported, "whose parents would not conde- scend to have them baptized with god-fathers and god-moth- ers." At the end of six months he returned to England to pre- sent the needs of the colony to the society.
Four years passed after Blair's departure before the arrival of William Gordon and James Adams, the next missionaries of the Church in North Carolina. Gordon took up his work in Chowan and Perquimans, Adams in Pasquotank and Currituck. In Chowan, Gordon found the church badly in need of repair; in Perquimans, he found a compact little church, "built with more care and expense, and better contrived than that in Chowan," but still unfinished. Adams found no church in either of his parishes, but his presence stimulated the people to resolve "to build a church and two chapels of ease." Although Gordon remained in the colony only four months, and Adams but little more than a year, both of these earnest men made a deep impression upon the people. Their exemplary characters, their genuine interest in the welfare of their parishioners, and the sincerity of their faith and piety did much to silence the enemies and stimulate the friends of the Establishment.
Following Gordon and Adams came first John Urm- stone and then Giles Rainsford. The latter arrived in June, 1712, an l remained about two years. At his first service he found the people interested, but "perfect strangers to the Method of the Worship of our Church." When he preached in "a small Chapel near an Old Indian Town" a "vast Crowd" came to hear him, but "exprest very little or rather no devotion in time of the divine Service." On
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another occasion the crowd was so great that he was obliged to hold the service out-of-doors "under a large mulberry tree"; here the people were devout and "very ready in their responses as in their method of singing praises to God." Rainsford was a narrow Churchman and immoderate in his ar- raignment of Quakers and "Quakerism," but he was sincere and upright and displayed intelligent zeal in his labors. The Indians particularly excited his sympathetic interest. He lived five months with the Chowanocs, made himself "almost a Master at their Language," and tried to teach them the prin- ciples of Christianity.
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