USA > North Carolina > History of North Carolina V. I, Pt. 1 > Part 20
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The South Carolina authorities claimed the Cape Fear River as a boundary, and asserted that their government had issued grants for land on that river; but in the earlier days the Santee had been the northern limit of South Carolina. and more lately, after Clarendon County had ceased to exist, the territory north and east of Cape Fear was assigned to the North Carolina government. As there were no settlements in the Cape Fear region, the question had not been of im- portance, and before the boundary was marked North Caro- lina had occupied the southern bank of the Cape Fear River as a portion of Bath County.
Conditions in North Carolina
As painful and devastating as the Indian war had been, its sacrifices were not without compensation. Although the trade in furs largely ceased the colony received a greater benefit from quieting all apprehensions of Indian outbreaks. The savages being suppressed, the extension of the planta- tions proceeded without interruption and population con- tinued to flow in, the settlements progressing to the south- ward as well as to the westward along the navigable streams.
In January, 1670, the Assembly had passed an act restrict- ing grants of land in any one survey to six hundred and sixty acres in order to remedy the evil of large tracts or plan- tations being insufficiently cultivated; and the Proprietors in 1694 had authorized Governor Archdale to sell land in Albemarle in fee for what he could reasonably obtain for it: however, not under fro for a thousand acres, and reserving an annual rent of not less than five shillings to a thousand
1719
Moore leads the South Carolina revolt
The South Carolina dividing line
Population increases
206
EDEN'S ADMINISTRATION, 1714-22
1722
Land patents
acres. Later the Proprietors, understanding that advantage was being taken of them by the issue of patents for thou- sands of acres in a body which was not seated, but thus withdrawn from other purchasers while yielding no rents, in their instructions to Governor Hyde forbade the issue of any patents whatsoever. They also forbade the survey of any lands within twenty miles of the Cape Fear River. In January, 1712, however, at Governor Hyde's instance, they modified these directions so that he was allowed to issue patents not to exceed six hundred and forty acres in a body, requiring a cash payment of twenty shillings for every hun- dred acres, and an annual rent of one shilling sterling money of Great Britain per acre. These terms necessarily applied only to the lands in Bath, for those in Albemarle were held under the Great Deed. The council represented in 1718 that these orders relating to the sale of land imposing such hard terms were inconsistent with the settlement of the province, and it unavailingly asked that they might be re- voked. At that time there were about one million acres held subject to quit rents, and there were about two thousand tithables in the colony; and despite the orders, the people were spreading out in Craven and up the Neuse and along the Roanoke. Indeed, the province was making rapid strides in importance when, in March, 1722, Governor Eden died.
Eden dies March, 1722
Colonel Pollock president
His death, August 30, 1722, and character
So far as the internal affairs of the colony were concerned. during the latter years of Eden's administration at least, the people enjoyed a period of repose. Except for the irritation that may have incidentally grown out of its atti- tude toward Moseley, his administration was apparently quiet and pleasant. although the desultory depredations of the Indians added somewhat to the cares of his official life. On his death. Colonel Pollock was again chosen president : but that valuable citizen, who for twenty years had been one of the most prominent and influential, as he was doubt- less the richest, of the inhabitants, did not long survive this last accession of power. In all the contests that had divided the people he had taken sides against the party to which Moseley adhered. When the latter stood for popular rights. Pollock threw his influence toward maintaining the authority
207
THE GROWTH OF THE COLONY
of the administrative officers; but of his sterling worth, ability and character there is no question.
1722
On his death, toward the last of August, he was suc- Reed
William
ceeded by William Reed, who was in no wise comparable to succeeds him, either in social position or in respectability of him character.
Chief Justice Gale, after an absence of nearly four years, returned to the province just as Governor Eden expired, and resumed his official functions, and he also took his seat at the council board as a deputy of James Bertie, one of the Lords Proprietors.
A hamlet had sprung up on Queen Anne's Creek and Gov- ernor Eden had made his residence there, and the council and general court met at that place. It was now incor- porated as a town under the name of Edenton, and became the established seat of government. An Assembly was held there in October, 1722. The previous Assembly was pre- sided over by William Swann, but Moseley's disabilities having now expired by the passage of three years, he was chosen speaker of the new body. Among its acts was one establishing seats of government in the several precincts and settling the courts and court-houses. And because the territory west of the Chowan had become so populous, a new precinct was laid off in that territory named Bertie, doubt- less in compliment of the Proprietor.
In August, 1722, the council had established Carteret Precinct, extending southward indefinitely to the bounds of the government, including all the settlements in that direc- tion ; and the town of Beaufort was incorporated into a sea- port, entitled to a collector of customs; and a road was directed to be opened from Core Point to New Bern. The growth of the province had been retarded for the want of commercial facilities, and to improve navigation an act was passed to encourage a settlement at Ocracoke Inlet, because of the good anchorage and harbor there.
Another act had for its object to discourage the influx of official adventurers by prescribing a qualification for officers that would exclude such persons as any new governor might bring over as satellites in his train; it prohibited the gov- ernor from granting any office to any Britishi subject who had not resided three years in the province.
Edenton
S.R .. XXIII, 102
Bertie Precinct
Carteret Precinct C. R., II. 458, 459
Official adventurers discouraged
CHAPTER XVII
ADMINISTRATIONS OF BURRINGTON AND EVERARD, 1724-31
Governor Burrington explores the Cape Fear .- Opposition to him. -Burrington displaced .- Sir Richard Everard .-- Antagonism be- tween Assembly and governor .- Altercations of Burrington and the governor .- The ministers .- The settlement of the Cape Fear .- The Assembly sustains Burrington .- He appeals to the Proprietors .- Personal controversies .- The dividing line with Virginia .- Purchase by the Crown .-- Carteret retains his share .-- Everard breaks with Gale .- The lords of trade .- The currency act .- The end of the Proprietary government .- Conditions in North Carolina .- No public schools .- Few ministers .- The Baptists .- Industries .- Population .- Social conditions.
Governor Burrington
Jan., 1724
To fill the vacancy caused by the death of Eden the Lords Proprietors proposed to appoint George Burrington, of Devon, governor of North Carolina, and on February 26, 1723, the king gave his assent; but it was not until the succeeding January that Burrington reached Edenton and took the oaths of office. The new governor had held office under the Crown in every reign since the revolution of 1688, and must have had considerable official experience. He was a man of violent temper, firm and resolute, and one who could brook no opposition. Thomas Jones, a son of Chief Justice Jones, had intermarried with Miss Swann, the stepdaughter of Moore, and had thus connected his father with the Moseley and Moore faction : while by the death of Colonel Pollock Chief Justice Gale was left the most respect- able and influential member of the opposition. On Bur- rington's arrival he not unnaturally allied himself with the dominant party, that contained not merely the numerical majority controlling the Assembly, but almost all the influ- ential. men in the province. Moseley himself was now of the council,* and the power of the administration was with
*To fill a vacancy in the council, the other councillors could temporarily elect.
1724
209
CONDITIONS IN THE PROVINCE
his friends. The Assembly met three months later and for- mally begged that the instructions of the Lords Proprietors C. R., II, 523 prohibiting the sale of lands in Bath might be disregarded until an address could be sent to them in England. It was asserted that, the land office being closed, persons coming into the colony to locate could obtain no grants and were forced to go elsewhere, and that the welfare of the province demanded a change in regard to these matters. Burrington entered heartily into the measure. There was a particular prohibition against making any grant on the Cape Fear River, but he obtained by purchase an old patent issued by Governor Hyde in 1711 to Thomas Harvey, calling for five thousand acres, and he determined to locate it on that river. C. R., III, There were other such patents for lands bearing that date 502 eventually located on the Cape Fear, but whether they were issued pursuant to a purpose to make a settlement in that region at that time, or whether they were issued in blank and originally intended for a different locality, is a question not now possible to determine. With a view to opening up that region to settlers, Burrington undertook to make a c. R., II. thorough exploration of it. He visited it in person, and 569 underwent much hardship, privation, exposure and danger in exploring its streams, its swamps and wildernesses. If he was not persuaded to this resolution by Maurice Moore, he was at least seconded and encouraged in it by him.
Moore, who had traversed that country in going to the aid of South Carolina in 1716. determined to form a colony and settle there. and to this end he interested his brothers and friends in South Carolina and his family connections in Albemarle and Bath counties, who agreed to join him in making a new settlement.
But while these matters were in progress, Burrington's unfortunate temper threw him into personal antagonism with the chief justice and other officials. In addition to his salary as governor. the Lords Proprietors had granted him and two associates a lease of the exclusive right of the whale fisheries along the coast; and whether from some incident springing from that lease or from some dereliction of duty on the part of the naval officer at the port of Roa- noke, and of the collector of customs, the governor in the
1724
---
Explores the Cape Fear C. R., II, 569
Opposition to Burrington
CIO
BURRINGTON AND EVERARD, 1724-31
1,24
C. R., II, 561
summer of 1724 threatened violence to one and imprison- ment to the other. Chief Justice Gale, who was also a collector of a port, sustained his brother officials, and toward the chief justice Burrington was abusive and violent. Gale even declaring that the governor had come to his residence at night and threatened to kill him and to burn his house over his head. Burrington had been affable to the people, and had so ingratiated himself that he was popular among the rich as well as the poor ; and now the assemblymen stood by him, while the councillors generally supported Gale. The chief justice speedily left the colony and sailed for England, bearing a representation, signed by seven of the council, complaining of the governor's violence and arbitrary conduct.
C. R., II,559
Everard appointed governor Jan., 1725
C. R., II, 562
Everard reaches Edenton, July, 1725
Arriving at London, Gale hastened to inform the com- missioners of customs, under whom he held his office as collector of the port at Beaufort, of the illegal action of Burrington, and declared that, believing his life in danger, he had been obliged to flee from the province, and that he could not return but at the hazard of his life. In addition, Gale appears to have impressed the Lords Proprietors with the belief that Burrington was preparing to lead a revolu- tion, as James Moore had done in South Carolina, and throw off the authority of the Proprietors. Evidence of this, according to his enemies, was afforded by his association with Maurice Moore, his visits to South Carolina, his ap- pointment of Moseley to administer the government during his temporary absence, his arrangement for the settlement of the Cape Fear, notwithstanding the prohibition of the Proprietors, and his courting popularity among the people and his friendly alliance with the leading inhabitants. In this mission Gale was more successful than in his alleged attempt to overthrow Eden. The fears of the Proprietors were at once aroused, and apprehending that they might lose their province either through revolution or by the king taking possession because of the illegal conduct of their governor, in haste they appointed Sir Richard Everard to supplant Burrington, and in July, 1725, Everard reached Edenton and took the oaths of office. Gale accompanied the new governor, who not unnaturally looked to him for
2II
FACTIONAL DISTURBANCES
advice and counsel, and being a weak man, fell entirely under his influence.
1725 -
According to the biennial act, an Assembly was to be elected in September, and as the time approached, Bur- rington became very active in managing to secure the elec- tion of members who were friendly to him. He visited all the precincts and stirred his friends to zeal and activity. By law the Assembly was to meet in November, but Gale advis- ing that there was no need for an Assembly at that time, the governor in October issued a proclamation proroguing it until April. On the other hand, it was declared that under the fundamental constitution of the province the governor had no power to postpone the meeting of the Assembly, and, in disregard of the proclamation, the mem- bers convened at Edenton on the day fixed by law, Burring- ton being a member, and the body chose Moore as speaker.
The Assembly was entirely in sympathy with the deposed Antagonism between Assembly and governor Nov., 1725 governor, and having resolved that the prorogation was an infringement of their liberties and a breach of the privileges of the people, they declared that at their next meeting they would proceed to no business until their lawful privileges were confirmed. The governor and council refused to recog- nize that the house was in session, but nevertheless, the house adjourned from day to day, and the next day adopted C.R., II, 577 an address to the Lords Proprietors in which they repre- sented that the great happiness which the province had enjoyed under the administration of Burrington had been "much disturbed by the unexpected change made through many false and malicious calumnies raised against that gentleman by persons of the most vile character and des- perate fortunes": and they solemnly denied that there was any disposition or design on the part of Burrington or any one else to cause such a revolution as had taken place in South Carolina ; and they represented that great evils were C. R., II, 577, 575 apprehended from the vile administration which the province was threatened with from a governor "entirely influenced by a few persons of the most irreligious and immoral character."
Having given expression to these sentiments, the house adjourned to the first Tuesday in April, the day set by the
212
BURRINGTON AND EVERARD, 1724-3I
C. R., II, 648
Altercations of Burring- ton and the governor C. R., II, 651
The ministers, C. R., II, 604
1725 -- governor for its meeting. Burrington, strengthened by the support the house gave him, felt no restraint in making evident his contempt for Everard. Announcing that in nine months he would be restored to the office of governor, he promised places to his friends who had been dismissed by the new administration. and he carried himself very defiantly toward the governor, in utter disregard of law and order. Proclaiming that Sir Richard was an ape, a noodle, and no more fit to be a governor than Sancho Panza, he sought to disparage him with the people, and going to Sir Richard's residence at Edenton in the night, he called him out and threatened him and abused him with great opprobrium. In one of these violent demonstrations, a night attack on the governor's house, he was accompanied. among others, by Cornelius Harnett, an Irishman who had recently come into the colony with several thousand pounds' worth of mer- chandise and had established himself as a merchant. Indeed, on the night of December 2, 1725, after their assault on the governor, they broke open the doors of the house of the constable and beat that officer furiously : and James Potter coming to his neighbor's aid, they violently assaulted him; and then forcing the door of Thomas Panis's residence, they assaulted him and drove his family out of the house. The governor himself was disorderly, but not quite so violent in his demonstrations as Burrington. But together they caused about Edenton a discreditable uproar, and the greater part of the province was more or less interested in their bitter antagonism, Gale's friends in the council gathering around Everard, while the assemblymen were of Burring- ton's faction. Even the only two ministers in the province took different sides. Rev. Mr. Bailey, a missionary, was of the Burrington faction, and received no courtesy but hard usage from Everard; while Rev. Mr. Blacknall, who had come over with the new governor, and sided with him, was represented by Sir Richard to the Bishop of London as a very good preacher, a gentleman, perfectly sober, and be- loved by all but Mr. Burrington's party. This Mr. Black- nall, who was of a highly respectable connection in England, perhaps in ignorance of the provincial law, was led soon after his arrival to perform the marriage service between a
213
THE CAPE FEAR SETTLED
white man and a mulatto woman. On the same day, per- haps ascertaining that he had committed an offence. he went before the chief justice and made an affidavit of the fact. Being subject by law to a penalty, one-half of which was for the use of the informer. he claimed his half, which lessened his fine to that extent. Doubtless he erred through ignorance. There was nothing to his personal advantage in his delin- quency, and he lost no time in acknowledging his violation of the law and in evoking its operation. But he did not remain long in the province, soon going to Maryland. .
This factional disturbance in Albemarle perhaps rather hastened than delayed the settlement of the Cape Fear. Bath County extended from Albemarle Sound down to the undefined southern limits of the province; and when Car- teret Precinct was established it included the entire un- settled region, embracing the Cape Fear and down to the Carteret Co. South Carolina line. The first known grant in that wilder- Records ness was issued to Maurice Moore on June 3. 1725, for fifteen hundred acres on the west bank of the river, sixteen miles below the present town of Wilmington, where he laid out a town which he called Brunswick, in honor of the reigning house, and invited settlers to locate there. His brothers, Roger* and Nathaniel. and other friends came from South Carolina, and Maurice Moore and a large part of the Lillington connection also prepared to remove from Albe- marle. The former took up lands on the lower Cape Fear, while the Albemarle contingent located their grants on the Stag Park northeast branch, where Burrington also took his five thou- sand acres, by grant dated June 25, 1725 ;} and other acces- sions being made, at last there was reason to hope that the advantage of a good port and harbor would be obtained for the province.
At the March term of the court Burrington and Harnett
*Roger Moore. because of his wealth and large number of slaves, was called "King Roger." There is a tradition on the Cape Fear that he and his slaves had a battle with the Indians at the "Sugar Loaf." nearly opposite the town of Brunswick. Governor Tryon, forty years later, mentioned that the last battle with the Indians was when driving them from the Cape Fear in 1725. The tradition would seem to be well founded.
+Some of the names bestowed on localities by Hilton in 1663 are yet retained : Stag Park, Rocky Point. etc.
1725
The settlement of the Cape Fear
214
BURRINGTON AND EVERARD, 1724-31
1726 C. R., II, R: 8
April, 1726
were indicted for their violent trespasses and assaults, and the latter left Albemarle, and going to the Cape Fear, con- ducted a ferry across the river at the new town of Bruns- wick, which at the March term of the general court at Edenton in 1727 was duly established and legalized. Bur- rington was in his seat as a member of the Assembly which met pursuant to the prorogation on April Ist. That body remained steadfast to his interests and manfully stood by him, notwithstanding his disorderly conduct. John Baptista Ashe, with whom Burrington had established very cordial relations, having been acquainted with several members of his family in England, was, in the absence of Moore, chosen speaker, and he strongly supported the ex-governor. Sir Richard opened the proceedings with an address appealing for love and charity, and that all breaches should be healed, that the country should flourish and all be happy.
C. R., II, 603
C R., 11,619
The house met this tender of the olive branch with a resolution that all its debates should be secret, and that any member who should disclose the purport of any debate should be expelled. After a week's delay an answer was adopted to the governor's address, detailing at large the alleged grievances of the people, and aimed at the adminis- trative and court officers, who were denounced as vile and base characters; and they called on the governor to heal the breaches by bringing them to punishment. The gov- ernor was, however, reported to be dangerously ill, and the address could not be presented. The house next delivered an address to Burrington, full of compliments, and thanking him for his many services and the advantages received under his mild administration : and then an address to the Lords Proprietors was adopted, declaring that they would esteem it one of the greatest favors if the Proprietors would restore Burrington to the office of governor. Called to the gov- ernor's dwelling, because he was too ill to attend at the council chamber, the house presented its address and asked for an answer to their grievances ; but instead of a reply, the secretary announced that the governor and council had agreed on a prorogation, and the governor verbally pro- nounced a prorogation, which the house on its return to its chamber declared illegal ; but nevertheless, it adjourned
215
ASSEMBLY SUSTAINS BURRINGTON
to the day appointed. Burrington forwarded the resolutions 1726 in his favor to the Lords Proprietors, and addressed to them Burrington appeals to the Proprietors a memorial relative to his administration. He mentioned that because of mighty storms in August before his arrival the crops had been destroyed and there was almost a famine, yet a thousand families came to live in the province during C.R., III, 28 his administration, and more would have come had not pro- visions been so scarce : that he had reorganized the militia ; and finding that the magistrates were of no respectability. he had prevailed on Colonel Moseley, Colonel Harvey, Colonel Swann, Colonel Maule and other gentlemen to preside over the precinct courts, which had borne excellent fruits in estab- lishing the courts in the confidence and respect of the people ; that he had purposed being of use to Governor Everard, and he took occasion to warn him against the advice of Gale, Lovick, and Little, but unavailingly; that great im- provements had been effected through his own efforts, and that he had remained in Carolina expecting to learn from them the nature of the complaints against him. but was still in ignorance; and that he would take the first opportunity to clear his character, if sullied.
In the meantime the prosecutions against him were con- Personal tinued on the docket, no particular efforts being made to contro- versies arrest him and bring him to trial. He did not leave the province, but established himself on the Cape Fear, at Governor's Creek, five miles below Brunswick, where he remained until 1728. Yet he was quiet. Edmund Porter, who had recently returned to Carolina after an absence of some ten years, was almost as violent toward the officers as the deposed governor had been, and there was generally in progress a sharp controversy between some private per- son and either the governor or the chief justice or the attorney-general, apparently of a personal nature; but in the course of the proceedings they were made to bear the character of sedition and rebellion. In this remote and . sparsely settled country doubtless the officers frequently acted arbitrarily, while occasionally some citizen. not suffi- ciently respecting the government, manifested a spirit of excessive freedom and independence and was guilty of dis- orderly offences.
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