USA > North Carolina > History of North Carolina V. I, Pt. 1 > Part 31
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TRYON'S ADMINISTRATION, 1765-71
1766
the act was passed. The business of the courts was resumed, and the act was entirely disregarded.
C. R., VII, 189
But as the Assembly was to meet in April, on February 26th the governor prorogued it till November, and he declared his purpose not to allow any Assembly to meet until he had received further instructions from the king. On April 15th Dr. Houston again appeared at Wilmington, and there he was forced to surrender to Mayor DeRosset his commis- sion and his instructions. The Diligence having been ordered to depart, the boxes of stamps were transferred at the end of March to the Viper, and later were deposited in Fort Johnston, where they remained until sent back to England.
Houston gives up his documents
Proceedings similar to those in North Carolina took place in all the colonies, but nowhere else was there equal bold- ness and resolution in action ; yet in every province the law had been entirely annulled by popular resistance. Still the issue was undetermined, and America. in an attitude of defiance, waited with anxiety for news from England.
In Parliament
The act repealed
Rejoicing in London
Although the House of Commons, responsive to the de- mands of British trade and commerce, had expressed a will- ingness to repeal the stamp act, yet Parliament was by no means ready to abandon its alleged right to tax the colonies. Pari passu with Conway's bill for repeal, another, declaring the absolute power of Parliament to bind the colonies in all cases whatsoever, was rushed through the two. houses ; and in the House of Lords the repeal bill met with strenuous opposition and protests, but finally, on March 18th, it re- ceived the unwilling and sullen assent of the king. The multitude, however, applauded. There was great rejoicing in London, the vessels on the Thames displayed all their colors, the church bells rang out joyous peals, and at night the city was illuminated with bonfires, and all the principal houses were lighted from within. The swiftest vessels hurried the news across the Atlantic, where it was received with public demonstrations of universal gladness and heart- felt patriotism. So sudden a popular revulsion from appre- hension and defiance to gratitude and loyalty is without a parallel in history. The colonists at once rescinded their resolves of non-importation, gave their homespun clothes to
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Storth Carolina Al ...
1. NORTH CAROLINA CURRENCY, 174%
2. NORTH CAROLINA CURRENCY, 1776 3. EDMUND FANNING
4. MONUMENT TO THE REGULATORS
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STAMP ACT REPEALED IN AMERICA
the poor, and turned their attention once more to their local 1766 concerns. Throughout North Carolina there was great rejoic- ing. At New Bern the gentlemen met at the court-house to celebrate the event. An elegant dinner was served in com- mon-hall, Cornell presiding. Many toasts "were drank un- The colonists grateful der a display of colors and other ensigns of Liberty, among them, toasts to Camden, Pitt Conway and Barre; the Liberty of the Press'; 'the Governor and the Province'; the whole conducted with great good order, decency and decorum." The day concluded with a ball in the court-house "and the. s.C.Gazette evening was most happily and agreeably spent." At length on June 13th Governor Tryon received official intelligence of the repeal, and a week later Moses John DeRosset, mayor C. R., VII, of Wilmington, on behalf of the corporation, addressed 242 formal congratulations to the governor. In the course of subsequent correspondence DeRosset and the other gentle- men at Wilmington declared that they were well assured that the governor's conduct had always been regulated by no other motive than a generous concern for the public good. Still there was no abatement of manly expres- sion, and in regard to their own action they pointedly said : "Moderation ceases to be a virtue when the liberty of British subjects is in danger." Thus in the general rejoicing, while there was no admixture of bitterness for Tryon, there was asserted a resolution to maintain the rights of the people as British subjects; and Governor Tryon afterward men- tioned that only one person connected with the uprising on the Cape Fear ever expressed any regret at his action, and he was not a native of the province.
While all of the gentlemen of the Cape Fear had taken a pronounced part in these stamp act proceedings, the governor manifested his displeasure at the action of Maurice Moore alone. He was assistant judge for the district of Salisbury, and because of his intemperate zeal and conduct in opposi- tion to the act the governor suspended him, and on March 7th appointed Edmund Fanning to the vacancy. In addition to his personal participation in the expedition to Brunswick, Moore had published a pamphlet showing that the colonists "are constitutionally entitled to be taxed only by their own consent."
Aug. 5, 1776
CHAPTER XXII
TRYON'S ADMINISTRATION, 1765-71 : THE REGULATION
Murmurs from the west .- The governor's proclamation .- The reform movement .- The general polity of the province .-- Tryon's action .- Purpose of the reformers .- Removal of the Tuscaroras .- The Assembly meets-November, 1766 .- The burden too heavy to bear .- The address to the king .- The southern treasurer .- No provincial agent .- The governor's palace .- The seat of government. -- Presbyterian ministers to perform marriage ceremony .- The Cherokee line .- The Watauga settlement .- The need of currency .- New legislation .--- The speakers to be gowned .- Tryon joins in ask- ing for currency .- New custom duties proposed .- The Assembly prorogued .--- The Regulators associate .- The meetings .- Oath-bound. -Hillsboro raided .-- Consternation of the officers .- Rev. George Micklejohn the peacemaker .- The governor advises an appeal to the Assembly .- Fanning seizes Husband .- The people aroused .- A petition to the Assembly .- Presented to the governor .- His reply. -He reaches Hillsboro .- Sends Harris to collect taxes .- Harris's report .- Hillsboro threatened .- Disturbing rumors .- The agreement. -The voice of Anson .- Trouble in Johnston .- The governor's de- mando .-- The army of 1768 .- The Presbyterian ministers support the governor .- The march to Hillsboro .- The Regulators embody. -The governor's terms .- The malcontents disperse .- The court held .-- Tryon desires to leave .- Regulators' address .- Resolve of Assembly .-- Remedial legislation proposed .- Hillsboro riots .- Riot act .- Alamance .-- The battle .- The trials and executions.
Murmurs from the west
C. R., VII, 138, 231, 232
On June 25, 1766, Governor Tryon, happy at the turn of affairs, issued a proclamation announcing the repeal of the stamp act and on the same day, in pursuance of particu- lar instructions received from the Crown, he issued a procla- mation in the king's name, stating that complaints had been made that exorbitant fees have been demanded and taken, to the great dishonor of the king's service and the prejudice of the public interest ; and all public officers whatever in their respective stations throughout the province were forbidden "to receive any other fees than those established by proper authority on pain of being removed from their offices and prosecuted with the utmost severity of the law." On the
1766
327
TIIE REFORM MOVEMENT
same day, because of the extraordinary want of provisions in the province, it was determined that the General As- sembly should not then be convened, but should stand pro- rogued until October.
While the eastern part of the province now returned to a C. R., VII, happy quietude, the disturbed conditions at the west were 249, 250 not allayed. In August the leaders of the reform movement in the county of Orange issued an advertisement. referring to the success of the Sons of Liberty in withstanding the Reform movement at the west Lords of Parliament, and proposing that each neighbor- hood throughout the county should meet and appoint one or more men to attend a general meeting at Maddock's Mills, "at which meeting let it be judiciously inquired whether the free men of this country labor under any abuses of power," and proposing to call upon all persons in office to give an ac- count of their stewardship, a proceeding similar to the town- ship meetings immemorially held in Massachusetts. On October 10th such a meeting was held. but none of the 1766 officers appeared as requested. Disappointed in this first attempt, both at the lukewarmness of the people and the non-attendance of the officers, the leaders proposed that an- other conference should be called, and the practice be main- tained, believing that "on further matured deliberation the in- habitants will more generally see the necessity of it and the number increase in favor of it to be continued yearly."
The complaints of these people were because of the admin- istration of local affairs. The general polity of the province was the outcome of circumstances. The king appointed the governor, the chief justice and the attorney-general, the first two of whom being sent from England while the last had been appointed from among the citizens. The council was a continuing body, appointed by the Crown, and, as none had ever been removed, holding for life. From Burrington's administration appointments had been made only to fill vacancies caused by death or removal from the province. When a vacancy occurred, the governor made a temporary appointment until the Crown could act. A part of the ex- penses of the administration was paid by the quit rents ; but generally the needs of government were met by taxes assessed by the Assembly. There was no tax on land or
1766 - -
The general polity of the province C. R., VII, 472 et seq.
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TRYON'S ADMINISTRATION, 1765-71
1766
property, only on the poll and on some minor subjects of taxation. As the expenses increased, the poll taxes were multiplied and became grievous, especially in the frontier counties, where the people were without market for their produce and had no currency and many of them were poor.
There were five judicial districts, for each of which an associate judge was appointed by the governor ; and while the associate for the Salisbury District alone was required to be a lawyer by profession, yet all of these associates were lawyers. To each district court there were tivo clerks, one for civil causes appointed by the chief justice, the other the clerk of the Crown for criminal cases, appointed by the secretary of the province.
There was a court for each county, pleas and quarter sessions, held by the justices of the peace, and to each of these courts there were likewise two clerks, one for civil causes and the other the clerk of the Crown. The appoint- ment of the first was with an officer of the province, denomi- nated "The clerk of the pleas"; the clerks of the Crown were appointed by the secretary of the province. Oftentimes one person filled both offices. The sheriffs of the different counties were annually appointed by the governor, but he was confined to select from among three persons recom- mended by the justices of the peace; and the register of deeds was likewise appointed by the governor to hold dur- ing his pleasure. The fees of all officers were fixed by law, and a part of the compensation of the chief justice also consisted of fees incident to his court. The influence of these local officers was felt in the election of members of the Assembly and in perpetuating their own power, and they became dominant factors in the management of public affairs. The attorneys-at-law were also potent influences, and of these there were forty-five practising in the province. Convinced of the abuses that these conditions led to, Gov- ernor Tryon sought to mitigate them, and among other things announced that no county court clerk or practicing at- torney should be appointed a justice of the peace-the justices of the peace being appointed by the governor with the sanc- tion of the council. to hold at his pleasure. All local affairs were within the administration of these justices, who, sitting
329
THE POLITY OF THE PROVINCE
as the court of the county, primarily passed on all complaints of exorbitant fees or charges of maladministration by the county officers, had cognizance of county matters, laid county taxes and settled with county officers. Under that system there was no responsibility to the people. The justices of the court annually recommended the sheriff for appoint- ment and they influenced the election of assemblymen. They were appointed by the governor on the recommendation of the Assembly. Thus they became a part of a self-per- petuating circle, composed of officers, lawyers, justices and their dependents, controlling local affairs, and with inter- ests widely different from those of the people at large. Popular discontent could not make itself felt in legal and accustomed channels; and this seems to have been the fundamental reason for the innovation proposed by the re- formers to introduce county meetings of the inhabitants annually to consider the action of their officials and all pub- lic matters, and such at first was the extent of the demand.
During the summer of 1766 the sachem of the Tuscaroras, who had moved to New York fifty years before. came to the province, and after spending some time with the Indians on the reservation, arranged for the removal of more of that tribe to join the Six Nations. The funds for their removal were supplied by Robin Jones, attorney-general, who had long manifested a particular kindness toward those isolated and almost friendless Indians. A part of the reserve was conveyed to him as security, and one hundred and thirty Tuscaroras in August marched north, leaving only one hun- dred and four of that tribe, including women and children, remaining in North Carolina.
The Assembly meets
On November 3d the legislature convened at New Bern, being the first meeting of the representatives of the people since May, 1765. During the intervening eighteen months the public voice had been stifled by the astuteness of the gov- ernor, and now harmony and good understanding subsisted throughout the province. On the first day of the session, November 3d. John Harvey of Perquimans was unanimous- ly elected speaker. and it was not until November 7th that
I-66
No responsi- bility to the people
Removal of Tuscaroras
C. R., VII, 431
C. R., VII, 343
Harvey speaker
330
TRYON'S ADMINISTRATION, 1765-71
x766
C. R., VII, 347-359
The tone of the Assembly
John Ashe, the speaker of the former house, appeared and took his seat as a member. The temper of the house while kindly was not subservient. The committee to prepare a response to the governor's opening address were Elmsly, Maurice Moore, Sam Johnston, Cornelius Harnett, Edmund Fanning. Robert Howe and Joseph Hewes. In it they said : "This house is truly sorry that any reason whatever should have prevented your meeting this Assembly till this time. The alarming tendency of the stamp act and the reproachful names of rioters and rebels which were liberally bestowed on his Majesty's faithful subjects of North America ren- dered it in our opinion highly expedient that this house should have been assembled some months sooner." Con- tinuing, they said: "It is our duty to acknowledge in the most grateful manner the moderation and goodness of his Majesty and the justice of his Parliament in removing from us a burden much too heavy for us to bear." A similar tone of fine manhood pervaded the address. yet they manifested a kindliness toward the governor himself, and congratulated him "on a peculiar mark of the royal favor to this province, manifested to us in your appointment to this government ; and be assured we will cheerfully take all occasions to render your administration easy and happy."
The council took great exception to the strictures of the Assembly. but the governor carefully suppressed his own sentiments, merely declaring that he was "an utter stranger to the reproachful and detestable title of rebel ; that such an opprobrious title never found place in my breast; nor am I conscious of having ever misrepresented or aggravated any part of the disturbances in the colonies, either general or particular."
On November 22d the house appointed Messrs. Ashe, Fan- ning and Howe a committee to prepare an address of thanks to the king "on the happy event of the repeal of the stamp act:" and on the 26th Ashe, the central figure in the stamp act proceedings, submitted the address to the house. It was strong and manly as well as patriotic. There was no wavering; no apology. The language used to the governor was now repeated to the king. The stamp act was "a burden much too heavy for us to bear," but they
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GOVERNOR'S PALACE, NEW BERN
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TRYON'S PALACE
spoke of their "cordial and natural attachment to the mother country, and love and duty to his Majesty's royal person."
Because of the failure to elect a treasurer for the southern district at the last session the governor had appointed as temporary treasurer Samuel Swann, and now the lower house proposed to appoint John Ashe. The upper house, however, again asserted its right to participate in the elec- tion, and inserted the name of Louis DeRosset, as on the former occasion. But on the lower house standing firm the council proposed to amicably settle the difference by joining in and making the same nomination, without abandoning its claim of participation; and Ashe was thereupon elected. The restoration of good feeling between the Assembly and the Crown was signalized by the passage of an act appropri- ating £5,000 for the building of a residence for the governor at New Bern, virtually making that the seat of government ; and taxes were laid for the purpose of paying the cost of construction. To the governor himself was given power to design the building and to contract for its comple- tion. Governor Tryon soon found that the amount appro- priated was not sufficient to complete a building according to the plans adopted, but nevertheless he proceeded in the erec- tion of a magnificent structure, surpassing any other build- ing in the colonies, having reason to believe that the Assem- bly would make an additional appropriation.
At this session the act concerning marriages, passed in 1741, was amended, much to the gratification of the Presby- terians. By that act the justices of the peace where there were no established ministers were authorized to perform the marriage ceremony. These justices in the western coun- ties were for the most part Presbyterians, as the great mass of the inhabitants were, and now the law was changed, extending the privilege of performing this service to Presbyterian ministers; but the fee for the service was re- served to the ministers of the established church in the par- ishes where one was settled ; and the marriage license was to be granted by the governor, who furnished a supply in blank, and signed by him, to the county clerks. On Decem- ber 2d, with very amicable relations existing between the
1766
C .. R., VII, 324 .. R .. . XXIII, 664
New Bern the Capital
S. R., XXIII, 672 Marriage Act
1766 C. R., VII,
332
TRYON'S ADMINISTRATION, 1765-71
1767 -- governor and the Assembly, the session was brought to its close.
The Cherokee line
In the progress of settlement the colonists were encroach- ing on the hunting grounds of the Indians, and there was more or less friction along the whole frontier from Canada to Georgia. The king and ministry were anxious to prevent hostilities, and some of the Cherokee chieftains had visited England and been assured by the king of his purpose to pro- tect them. Dividing lines were ordered to be run that should mark the hunting grounds of the Indians and the limits of the territory open to settlers. Such a line had been run from McGowan's Ford, on the Savannah, northeastwardly to Reedy River, leaving a considerable territory east of the mountains in South Carolina as Indian lands : and Governor Tryon was ordered to have that line continued through west- ern North Carolina. The Indians had in October agreed that the line should run from Reedy River north to the mountains, and then to Chiswell's lead mines on the New River or the Kanahwa. Now some chiefs contended that it should be run direct from Reedy River to the mines. Gov- ernor Tryon was desirous that the change should not be made, but that the North Carolina boundary should be the mountains. In order to effect his purpose he proposed to attend the meeting of the Indians and surveyors. It is to be observed that the dividing line between North and South Carolina had been marked out only to the Catawba nation, and to the westward of the Catawba River it had not been established at all ; but in any event North Carolina was interested in running the Indian boundary north from Reedy River to the mountains, for that left no Indian hunt- ing grounds east of the mountains. Many Indian chieftains were to be present and locate the line. On May 6th the governor left Brunswick, and on the 21st. with an escort of fifty men and a considerable number of surveyors and woodsmen, he took up his march from Salisbury for Reedy River, where he was to meet the Indians. On June 4th, with their sanction, Governor Tryon directed the line to be run a north course to the mountains. He favorably im-
1767
C. R., VII. 245, 460, 470
333
THE CHEROKEE LINE
1767
pressed the Indian chieftains, one of whom was the Wolf of the Keowee, the others having similar names; and they complimented him, after their fashion, by conferring on him the title of "The Great Wolf." The line was run fifty-three C. R., VII, miles north, where it struck a mountain, which the surveyors 508 Great Wolf of Carolina named Tryon, now in Polk County, on the dividing line be- tween the Carolinas, but then supposed to be well within the limits of North Carolina. in fact located on the map of that period as being in the Brushy Mountains, so little was then known of the western portion of the province.
On his return the governor issued a proclamation forbid- ding any purchase of land from the Indians and any issuing of grants for land within one mile of the boundary line.
Some years earlier adventurous hunters had begun to pass the mountains in search of game. Of these Daniel Boone Boone was perhaps the boldest. He crossed the valley of the Hol- stein, passed through Cumberland Gap, and visited Ken- tucky. At length, about 1768, settlements began to be made on the Watauga, the first to erect a cabin and to move his Watauga family, it is said, being William Bean, removing from some North Carolina settlement. Others soon followed. Thus began the occupation of that region. which later received large accessions from the inhabitants of the western counties.
On December 5th the legislature again met. It made pro- C. R., VII, vision for paying the cost of running the Indian boundary, 565 amounting to about £400, expressed its sense of high obliga- tion to the governor for superintending it in person, thanked him for his care in erecting the governor's house and for calling attention to abuses in the collection of taxes by the sheriffs, and referred to the harmony and industry that pre- vailed in the province, but called attention to the distress, al- most ruin, that seems "to be our inevitable lot from the great want of a sufficient quantity of circulating currency."
New legislation
The two years for which the court law had been enacted S. R., being about to expire, a new law, establishing six judicial districts, was enacted to continue in force for five years and until the end of the next session of Assembly thereafter. These courts were to be held by the chief justice and two
XXIII, 688
รวมทั้งที่
3.34
TRYON'S ADMINISTRATION, 1765-71
1768
associate justices, and in case of the absence of the chief justice or either of the others, it was lawful for one to hold the court. Maurice Moore and Richard Henderson were appointed the associates.
S. R., XXIII, 711, 723
An additional £10,000 was granted for finishing the gover- nor's house and a poll tax of 2s. 6d. was imposed for three years for that purpose. A stringent law was enacted with re- gard to the accounting of sheriffs, and members of the Assem- bly were declared ineligible to the sheriffalty. Public ware- houses were established for tobacco at Campbellton, at Tar- boro, Kinston, Halifax. and seven other points in the north- ern part of the province, inspectors to give receipts for the same, their receipts or notes being transferable in the course of trade ; and similar warehouses were established at Camp- bellton and Halifax for the storage of hemp and flax.
Commissioners were appointed to construct a public road from the frontier in Mecklenburg County -- that then ex- tended to the mountains-through Rowan, Anson and Bladen. to Wilmington. The design was to connect the back country with the seaports of the province, the people of Mecklenburg and Rowan having theretofore established trade relations with Charleston.
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