History of North Carolina V. I, Pt. 1, Part 30

Author: Ashe, Samuel A'Court, 1840-
Publication date: 1908
Publisher: Greensboro, N.C., C.L. Van Noppen
Number of Pages: 812


USA > North Carolina > History of North Carolina V. I, Pt. 1 > Part 30


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The colonial agents in England, while vigorously opposing the passage of the act, had no other idea but that it would be carried into successful operation. Ingersoll returned to Con- necticut as the stamp master, and Franklin recommended to his friends to apply for the places. In Virginia Richard Henry Lee sought the appointment. Still, when the event was imminent and news came in May that the act was passed, the people fell into a ferment. It was a matter of feeling rather than of cold reason. The popular heart was moved without regard to those in public station.


The Assembly of North Carolina had on the last day of October, 1764, declared that "we esteem it our inherent right and exclusive privilege to impose our own taxes." Virginia a fortnight later had less positively asserted the right, and had argued that the people of that province "cannot now be deprived of a right they have so long enjoyed"; but neither Massachusetts nor any of the other colonies, had


*This act not only required the payment of stamp taxes but pro- vided for the trial of offenders against the act out of the province and without a jury.


1765


In America


Bancroft, V, 271


C. R., VI, 1261


314


TRYON'S ADMINISTRATION, 1765-71


1765 claimed exemption from parliamentary taxation. But the pub- C. R., VII, i. Martin, North Carolina, lic mind now became agitated, and Governor Tryon, seeing the trend of affairs, asked the speaker of the house what the 11, 195 people would do. "Resist unto blood and death." was the emphatic answer of Ashe. Apprehensive that the lower house was about to take some action. the governor, on Sat- urday, May 18th, after the house had adjourned, suddenly prorogued the Assembly till November, the business of the Assembly being unfinished and not at all rounded up.


C. R., VII, 88


Near a fortnight later the session of the Virginia Assembly was drawing to its close without any action having been taken on the stamp act, when Patrick Henry, who had been elected to fill a vacancy, took his seat as a member. At once, on May 28th, he offered a series of resolutions on the subject and sustained them in an impassioned speech : "Cæsar had his Brutus; Charles I his Cromwell, and George TII" -- "Treason! Treason!" was echoed through- out the hall-"may profit by their example."


Opposed by the speaker, by Pendleton. Bland, Wythe, and the Randolphs, the resolutions were adopted by a majority of but a single vote ; and the next day the last of the resolu- tions-the one asserting that "the colony had the sole right and power to lay taxes"-was expunged from the record.


When the bill was before the House of Commons Colonel Isaac Barré, who had served with Wolfe in Canada, made an eloquent defence of the colonies, saying : "They planted by your care! No; your oppressions planted them in America. They fled from your tyranny. They nurtured by your indulgence ! They grew by your neglect of them. As soon as you began to care for them, that care was exercised by sending persons to rule them-men whose behavior on many occasions caused the blood of those Sons of Liberty to recoil within them." A copy of Barre's speech was hurried to New York, and there, in June, was printed and distributed by the thousands, while the startling words of Henry were being echoed throughout America. The people became greatly inflamed and aroused, and the expression "Sons of Liberty" was treasured from Massachusetts to Georgia. Still as yet the only thought was to secure relief by petition and runonstrance. The Massachusetts Assembly, being then in


Wirt, Life Patricl: Henry, 75 et seq.


Sons of Liberty


315


THE STAMP ACT


session, called for an American congress, which should con- sist of committees appointed in the several colonies by the representatives of the people, to meet in New York in October "to consider of a united representation to secure relief," and even then the question of exclusive right to tax the colonies was carefully avoided. The people watched and waited, hugging the delusion that their English friends would not drive them to despair.


In England there was no thought of retreat. The stamps were prepared and stamp masters were appointed for every colony. On July 11th the commissioners of the treasury appointed Dr. William Houston. of Duplin, stamp master for North Carolina. He did not apply for the position, and it is probable that he was appointed at the instance of McCulloh, for he appeared in North Carolina in 1735 as McCulloh's agent for settling his grants on the northeast branch of the Cape Fear, and for many years remained in that employ- ment. The act was to go into operation on November Ist, and the stamps were early sent to the northern colonies. In October the Congress met. North Carolina, Virginia, Georgia, and some other colonies were not represented, as their assemblies could not meet to send deputies. It formu- lated a remonstrance and petition.


That summer was the hottest ever known in North Caro- lina in the memory of the inhabitants. There was a general C. R., VII. failure of crops : and such was the extreme scarcity of pro- 154 visions that the slaves were fed on "cattle and apples" until the potato crop matured in the fall. The following June vessels were prohibited from carrying out any breadstuffs, except for the necessary supply of the crews, and the Assembly was prorogued in April because of the scarcity of food. The yellow fever broke out in New Bern, and Governor Tryon himself was seized by a malarial fever that confined him until late in November. Yet notwithstanding their other distresses, the stamp act held the first place in the minds of the people. At Edenton and New Bern, as well as at Wilmington, the inhabitants adopted strong reso- lutions expressing their utter abhorrence of the odious act, and to manifest their indignation and purpose "the people of North Carolina set up looms for weaving their own clothes."


1,65


The Congress


Houston, stump master


1-21


316


TRYON'S ADMINISTRATION, 1765-71


1765


North Carolina Gazette Nov. 20, 1765


Nor did their demonstrations stop there. On October 19th "near five hundred people assembled at Wilmington and ex- hibited the effigy of a certain honorable gentleman; and after letting it hang by the neck for some time near the court-house, they made a large bonfire with a number of tar barrels and committed it to the flames. The reason assigned for the people's dislike to that gentleman was from being informed of his having several times expressed himself much in favor of the stamp duty. After the effigy was consumed they went to every house in town and brought all the gentle- men to the bonfire, and insisted upon their drinking, 'Liberty, property, and no stamp duty, and confusion to Lord Bute and all his adherents,' giving three huzzas at the conclusion of each toast." This assemblage probably marked the for- mation of the Sons of Liberty on the Cape Fear. and was composed of the people of New Hanover and the adjoining counties.


C. R., VII, 123 125


Proceedings at


Wilmington


"On October 3Ist another great number of people assembled at Wilmington, and produced an effigy of Liberty, which they put into a coffin, and marched in solemn pro- cession with it to the churchyard, a drum in mourning beating before them, and the town bell, muffled, ringing a doleful knell at the same time: but before they committed the body to the ground they thought it advisable to feel its pulse, and when finding some remains of life they returned back to a honfire ready prepared, placed the effigy before it in a large two-armed chair, and concluded the evening with great rejoicings on finding that Liberty had still an existence in the colonies."


Houston resigns


Dr. Houston, on November 16th, came to Wilmington, and the people. three or four hundred in number, immediately gathered together with drums beating and colors flying and carried him into the court-house, where he signed a resig- nation, which was followed by great demonstrations ; and in the evening "a large bonfire was made and no person appeared in the streets without having .Liberty' in large capital letters in his hat; and they drank in great form all the favorite American toasts, giving three cheers at the conclusion of cach." In Cumberland, at New Bern, and at


317


TRYON'S DINNER TO THE LEADERS


his own home in Duplin, the people made similar demonstra- tions and hung Dr. Houston in effigy and then burned the effigy.


Governor Tryon, who was now somewhat recovered from C. R., VII, his protracted illness, seeing the determination of the people, 127-130 sent out circular letters to about fifty of the principal inhabi- tants, requesting their presence at dinner with him on November 1Sth. In his interview with these gentlemen the governor expressed his "hope that no violence would be attempted in case the stamps should at any time arrive in the province"; and also he hoped "that none in this province were desirous of destroying the dependence on the mother country." He mentioned "the impossibility of the stamp act operating in all its parts in this province, where the whole cash of the country would scarcely pay a single year of the tax," and declared his intention of making such representa- tions that, whether the act were repealed or not, there would be a favorable indulgence and exemption of this colony; and as an inducement for allowing the act to have effect in - part, he "generously offered to pay himself the whole duty arising on" certain instruments.


The next morning the gentlemen waited on the governor with their reply, saying : "We cannot but applaud the happy distinction of this province, which has a governor so studious of promoting and so well satisfied to prosecute its advan- tages and prosperity." They disclaimed "any desire to inter- rupt or weaken the connection between Great Britain and her colonies," but declared that "we cannot assent to the payment of the smaller stamps; an admission of part would put it out of our power to refuse with any propriety a sub- mission to the whole; and as we can never consent to be deprived of the invaluable privilege of a trial by jury, which is one part of that act, we think it more consistent as well as securer conduct to prevent to the utmost of our power the operation of it." The governor in his reply regretted that his intentions of service to the province at this junction had so little prospect of success, and lamented the conse- quences he apprehended from the resolution the gentlemen had adopted.


Such was the spirit of the Cape Fear gentlemen, openly


1765 --


The people refuse his overtures C. R., VII, 129


318


TRION'S ADMINISTRATION, 1765-71


1765 --


C. R., VII, 143


avowing their purpose not to permit the operation of the act in any particular ; and all the counties of the province were in full sympathy with them. Ten days after the dinner, and after Houston had resigned, some stamps arrived at Brunswick on the sloop-of-war Diligence, but because of the situation of affairs they remained on board that vessel until her departure in the spring.


The spirit of America


Contemporaneously with these proceedings in North Caro- lina, the merchants of New York City entered into a reso- lution not to import any goods until the stamp. act was repealed. Elsewhere their example was followed; and the people organized themselves into associations, taking the name applied to them by Colonel Barré in Parliament, "Sons of Liberty." A patriotic fervor possessed the people, and even before importations had ceased they discarded clothing of British manufacture and began to wear the homespun of the country. Rich and poor, those of the highest social and political station as well as the humblest citizens, joined in the cry of "Liberty, property, and no stamps." Never were the people so united ; there was but one voice-to resist. In December Gadsden, of South Carolina, wrote: "The whole force of North Carolina was ready to join in pro- tecting the rights of the continent," and in January the Sons of Liberty in New York resolved "that they would march to the relief of those in danger of the stamp act." Such was the sentiment that prevailed throughout the colonies.


The king resolute


Pitt Jan., 1766


Camden


In England other matters of serious import stirred the court and divided the people, and changes in the ministry were frequent. But at length the attitude of the colonists arrested attention ; and merchants and manufacturers, aghast at the possible consequences to their business, united their clamors with those of the Americans for repeal. The king, nevertheless, was resolute, and when Parliament opened on January 14th he informed it that "orders had been issued for the support of lawful authority." Pitt, however, declared emphatically that Parliament had no right to tax the colonies, and like a clap of thunder he startled the house when he exclaimed, "I rejoice that America has resisted." In the House of Lords Camden spoke with equal strength. But


319


THE STAMP ACT REPE.ILED


at first they were overborne. The purpose to maintain the omnipotence of Parliament was fixed. But politics were in a turmoil, and changes in the ministry suddenly occurred. A month after the session began Conway, now in the min- Conway istry, moved for leave to bring in a bill to repeal the act. He declared that it had interrupted British commerce and de- stroyed one-third of the manufactures of Manchester-had thrown thousands of poor out of employment, and that to assist the Americans, France and Spain would engage in war with Britain. Amid great excitement, despite the oppo- sition of the king, leave was given by a vote of 275 to 167. The first step to repeal was taken.


The new year opened in America with all in a state of suppressed excitement. The act had not been operative. The courts were either closed or transacted little business. Newspapers were published on unstamped paper and ships sailed without legal clearances. It was a condition of un- armed rebellion.


Open rebellion on the Cape Fear


In North Carolina, Tryon having received his commission as full governor. on December 21st dissolved the Assembly and issued writs for the election of new members. The elec- tion was held in the midst of excitement on February 11th, and the legislature was to convene April 22d. Writing in January from New Bern. Rev. Mr. Reed said: "The people here are peaceable and quiet. yet they seem very uneasy, dis- contented and dejected. The courts of justice are in a great measure shut up, and it is expected that in a few weeks there will be a total stagnation of trade." On Christmas Tryon wrote home: "The obstruction to the stamp act . . . has been as general in this province as in any colony on the continent. . . . No business is transacted in the courts


. though . . regularly opened, and all civil gov- ernment is now at a stand." Such was the situation in the east. At the west not a man favored the stamp act : but that matter was not so interesting on the frontier as in the marts of trade. Ten years of peace had brought renewed im- migration from the north. A settlement from New Jersey was made on the Yadkin. The Moravians received accessions,


1766


urges repeal


New election, Feb., 1766 C. R., VII, 133, 143, 154


C. R., VII. 114


At the west


320


TRYON'S ADMINISTRATION, 1765-7I


C. R., VII, 285


1766 - and had engaged in manufactures. "They have mills, forges, furnaces, potteries, foundries, all trades and things in and among themselves." They drew copper from the neighbor- ing mines. "They are all bees, not a drone suffered in the hive ; what they do not consume they sell in the adjacent territory," receiving for their products furs and peltry, which they send off to Virginia and into South Carolina, obtaining in return rum, sugar, linen and woollen goods, pewter and tin wares and other necessaries. While this development was being made at Bethabara, Rowan and Mecklenburg counties were being occupied. During the fall and winter of 1765 a thousand wagons passed through Salisbury, and the people were clearing the forests seventy miles west of Fort Dobbs and forty miles beyond the Catawba.


In Granville's territory


C. R., VII, 144


In Granville's territory the land offices were closed on the death of Lord Granville in 1763, and his heir and successor had not yet opened them again. Some of the occupants of his lands dreaded the expected reopening, because of the abuses of his agents : while others were discontented because they could not obtain titles to the premises they had im- proved. The grievances of the people in the back country continuing, the movement for redress progressed, securing the adherence of many of the inhabitants. Specie was very scarce, and while even the merchants estimated that because of the great growth of the province £200,000 of paper currency was needed. the amount outstanding was only £75,000. Necessarily there was great pecuniary distress. Such was the general condition of the province-unrest at the west. insufficient currency, civil government at a stand, and the Sons of Liberty holding together, not knowing what a day might bring forth.


C. R., VII. 94


Another event added to the gloom on the Cape Fear- the suicide of Chief Justice Berry. On March 18. 1765. a duel occurred between Lieutenant Whitehurst and Alexander Simpson, master, both of the British sloop Viper, the cause of which was said to have been some woman. Simpson was wounded and Whitehurst killed. Simpson was apprehended. but the night before Governor Dobbs died he made his escape from jail and fled to Virginia. He was subsequently taken and put on trial at New Bern, where Chief Justice Berry


321


SEIZURE OF THE DOBBS AND THE PATIENCE


held the court. The case was tried before the arrival of all of the witnesses for the prosecution, and Simpson was ac- quitted, at which the governor manifested much displeasure. When, on December 20th, the governor called a council at Wilmington to qualify under his new commission, Judge Death of Berry, on being notified to attend, conceived that the council Judge Berry was called for the purpose of suspending him, and was so im- pressed with the belief that he at once shot himself in the head, and after lingering eight days died. The melancholy C. R., VII, 160 affair was greatly regretted. To succeed Berry, Governor Tryon commissioned James Hasell as chief justice. He was the senior member of the council and had at different times filled the office of chief justice for seven years. At the same time. in January. 1766, he appointed Robert Howe an associ- ate judge.


Thus far Tryon had managed so astutely that there had been no clashing with the people. But it could not be averted.


In January two merchant vessels, the Dobbs and the Patience, came into the Cape Fear and were seized because their clearance papers were not duly stamped, and were held by the British men-of-war, the Diligence and the Viper. At once the patriots of that region were aroused and demand was made for their release. The matter was referred to the attorney-general. Robert Jones, who was at his home on the Roanoke, and during the delay the leaders of the people arranged their plans. The mayor of Wilmington resigned and Moses John DeRosset, a strenuous opposer of the act. was elected in his place. The people of Onslow, Duplin, and Bladen were brought together at Wilmington to meet those of New Hanover and Brunswick. and they entered into an association. "Detesting rebellion, yet preferring death to slavery, . . . we hereby mutually and solemnly plight our faith and honor that we will at any risk whatever, and when- ever called upon, unite and truly and faithfully assist each other to the best of our power in preventing entirely the operation of the stamp act." On the next day, February 18th, the people chose John Ashe the speaker. Alexander Lilling- ton and Colonel Thomas Llovd "directors to direct the move- ment." General. Hugh Waddell was appointed to marshal and command the citizen soldiery, of whom six hundred were


1766


C. R., VII, 168 et seq.


North Carolina Gazette, Feb. 26, 1766


Ashe and Waddell lead in open rebellion


The Association


'The Directory


322


TRYON'S ADMINISTRATION, 1765-71


1766


armed, while there were one hundred of the people unarmed. The purpose was to secure the liberation of the detained vessels, and they resolved to march to Brunswick and require their release and prevent the operation of the stamp act in any particular. It was an orderly movement of the people, organized under civil authority of their own appointment, with the military subordinate to the directory, at the head of which was the speaker of the Assembly. Accompanying the directors were the mayor and corporation of Wilmington, and gathered around them were all the gentlemen of the Cape Fear-a cavalcade of patriots intent on a high purpose and full of high resolve. As a measure of this incipient war the inhabitants of Wilmington determined that no provisions should be furnished to the British cruisers, and when the contractors' boat came to the town for supplies they seized the crew and threw them into jail, and with a great demon- stration hauled the boat through the town in triumphal procession.


C. R., VII, 172 et seq.


The Diligence and the Virer deficdi


C. R., VIT, 178


The directors sent by Harnett and Moore a letter notifying Governor Tryon, who, after Dobbs's death, resided at Bruns- wick, that they proposed him no personal harm, but were coming to right their wrongs; and forward the companies marched, Waddell's patriotic soul flaming high as he reso- lutely led them on to their act of treason and flagrant rebellion.


Fort Johnston seized C. R., VII, 186


The council


Quickly a detachment seized Fort Johnston ; quickly the public offices were invaded and the papers of the detained vessels obtained. But yet the vessels were held by the men- of-war. Recognizing that a crisis was reached. the king's officers determined to stand by the colors of his Majesty to the last. There was to be no yielding to the insurgents. At noon on the 20th a council was held, attended by the governor and all of the British officers : and Captain Lobb. the senior naval officer, declared his unalterable purpose to hold the ship Patience and to require a return of her papers. which the insurgents had taken. And so it was agreed by the governor and all. But in the afternoon a party of the insurgents-doubtless the directors. Waddell, Harnett, James and Maurice Moore. Mayor DeRosset and the corporation of Wilmington-boarded the ship of war Diligence, and


RELEASE OF THE DOBBS AND THE PATIENCE


323


there, under the royal flag, surrounded by his Majesty's officers, they made demand upon Captain Lobb to surrender the vessels and abandon any purpose to sustain the stamp act. What passed is not recorded ; but in the evening Cap- tain Phipps, of the Viper, came on shore and reported to the governor that "all was settled." The vessels were released. The people had redressed their grievances. The stamp act was not to be enforced in any particular. The governor was indignant, disgusted, but powerless.


The collector, the comptroller, the clerks, and other pro- vincial officers, one of them, William Pennington, being taken by Harnett from the residence of Governor Tryon, were now brought with great formality all together, at the centre of a circle formed by the people, and there were constrained to make public oath never to perform any duty with regard to the stamps. The stamp act being thus annulled in North Carolina, in triumph the people returned to their homes vic- tors over the governor and the king's forces.


The effect of this bold and determined movement, that had no exact parallel in any other colony-for first the people ordained a government with authority to direct and secondly they organized a military force subordinate to the directory -- resulting in the full accomplishment of the purpose designed, must have been lasting on the minds of the people. It established the leaders still more in public confidence, for successful achievements appeal strongly to the popular heart. It also brought home to the people the value of organized resistance and prepared them to take resolute action when at a later day their rights and liberties were again invaded. With this experience, under the same chieftains, they were the more easily marshalled to sustain the measures of 1775 in open revolt from the dominion of the mother country. The submission of Tryon and of the king's naval forces to their power, the remembrance of that glorious triumph easily paved the way for their formation of military companies in March, 1775, for the destruction of Fort Johnston, and the expulsion of Governor Martin from the soil of the province.


After that no attempt was ever made to observe the stamp act in North Carolina. The governor and all public officers abandoned the contest. Vessels sailed in and out as before


------


I-Fé --


The Patience released


Stamp act annulled




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