USA > North Carolina > History of North Carolina, V I pt 2 > Part 15
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The next morning. the 27th, at break of day. an alarm gun was fired, immediately after which, scarce allowing our people a mo- ment to prepare, the Tory army, with Captain McLeod at the head. made their attack on Colonel Caswell and Colonel Lillington, and finding a smail entrenchment next the bridge. on our side, empty, concluded that our people had abandoned their post, and in the most furious manner advanced within thirty paces of our breastwork and artillery, where they met a very proper reception. Captain McLeod and Captain Campbell fell within a few paces of the breastwork, the foriner of whom received upward of twenty balls in his body; and in a very few minutes their whole army was put to flight, and most shamefully abandoned their general, who was next day taken prisoner. The loss of the enemy in this action from the best ac- counts we have been able to learn, is about thirty killed and wounded. but as numbers of them must have fallen into the creek, besides many more that were carried off. I suppose their loss may be estimated at about fifty. We had only two wounded, one of whom died this day.
In order to avoid as much as possible the heavy expense unavoid- ably incurred by this expedition, I sometime ago directed Colonel Martin to disband all the troops under his command. except one thousand, including the regulars, and with those to secure the per- sons and estates of the insurgents, subject to your further orders, and then to proceed to this place, unless otherwise directed. How- ever, as I do not think the service just now requires such a number of men in arms, I shall immediately direct them to disband all ex- cept the regulars, and with those to remain in and about Cross Creek until further orders. . . . etc.
JAMES MOORE.
THE SIXTH EPOCH-1775-S3 THE WAR FOR INDEPENDENCE
CHAPTER XXIX
THE PROVINCIAL COUNCIL, 1775-76-Continued
The Provincial Congress .- The spirit of independence .- In the Continental Congress .- At Halifax .- The committee .- The un- daunted spirit to declare independence .- The delegates instructed. -North Carolina leads the way .- The captured Tories .- The drums and colors .- War measures .-- On the water .- The Tories. -Four new battalions .- For defence of Cape Fear .- Militia drafts .- Civil affairs .- The members of the congress.
The Provincial Congress
Called to meet on April 2d, it was not until Thursday, the 4th, that a majority of the members of the congress assembled at Halifax. Seldom has a body met under similar circumstances. The insurrection of the Highlanders and Regulators and the movement of the Tories in many parts of the State were in themselves causes of inquietude. It was evident that in many counties, indeed, in nearly every community, there was a considerable element of disaffected persons not only unwilling to sustain the revolutionary move- ment but so far attached to the royal cause as to take up arms against their neighbors. Besides, the province stood in the shadow of a great peril. It was well known that a large British force was on its way to the Cape Fear and had been detained only by protracted storms. and its arrival was now daily expected. Dunmore, from the Chesapeake, was also sending expeditions along the coast to harass the inhabitants, capture vessels, and interrupt commerce. Within and without there was cause for foreboding. The jail at Halifax was filled with officers of the insurgent force and promoters of the insurrection, of whom some disposition had to be made to render them harmless, while policy and
17-6 -
April. C. R., X, $91
The situation
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514
THE PROVINCIIL COUNCIL, 1775-76
1775
wise statesmanship required that a conciliatory course should be pursued reconciling the Loyalists at least to an acqui- escence in the measures of the congress. The perio l for which the minute men had been enrolled was expiring, and the great need for additional troops, for arms, ammunition, and equipments was a cause of anxious solicitude, while the province was absolutely without funds. The condition of affairs, too, seemed to demand a more efficient system of government, one that could direct military operations and conduct the civil administration with more despatch than the temporary arrangement that had been adopted by the previous convention. Such a pressure of important matters demanding immediate consideration and prompt action had never before been experienced by North Carolina statesmen. But the courage of the congress rose equal to the occasion, and with brave hearts the patriots addressed themselves to devising measures required by the exigency of their novel situation.
The spirit of independence
Not only were they strengthened by their overwhelming and glorious victory, but now they were animated by the spirit of independence. In this they were unanimous. Sam Johnston, the wise, prudent, and cautious, the counsellor and guide, was again chosen president without dissent, and he joyfully wrote at once to his brother : "All our people here are up for independence." A fortnight later, when Hooper and Penn came from Philadelphia, they learned that "in many counties there was not a dissenting voice."
The Continental Congress and the people of the other provinces were dilatory, dallying with a delusive hope of reconciliation. Early in January Paine had published in Philadelphia a pamphlet, "Common Sense," that arrested attention. Among the deputies it seems to have been re- garded "as a curiosity." Save a few individual expressions in local papers, it was the first cry for independence since Mecklenburg had raised her voice in May, 1775. A month later Penn. always among the boldest, sent a copy to Person without comment : and Hewes forwarded one to Johnston, saying only: "It is a curiosity. We have not put up any
Mc Ree's Iredell, 1, 275
The development of the purpose
C. R., X, 446, 447
515
THE CRY FOR INDEPENDENCE
to go by the wagon .* not knowing how you might relish independency. The author is not known: some say Dr. Franklin had a hand in it : he denies it." Hewes's spirit led him to say : "All accounts from England seem to agree that we shall have a dreadful storm bursting on our heads through all America in the spring. We must not shrink from it: we ought not to show any symptoms of fear ; the nearer it approaches and the greater the sound. the more fortitude and calm. steady firmness we ought to possess. If we mean to defend our liberties, our dearest rights and privileges against the power of Britain to the last extremity, we ought to bring ourselves to such a temper of mind as to stand unmoved at the bursting of an earthquake. Although the storm thickens. I feel myself quite composed."
At the close of October the king had from the throne charged the colonies with levying war for the purpose of establishing an independent empire ; but he proposed, while employing a hireling force from the continent to subdue them, to send commissioners with power to grant pardons and receive the submission of the several colonies. He would not, however. treat with the Continental Congress. That was resolutely determined. By two to one the Parliament was of the same mind. Such was the information that came across the seas early in January. And yet the congress and the people waited-anxiously waited for the arrival of the commissioners. On February 14th Penn wrote to Person : "Our dispute with Great Britain grows serious indeed. C. R., X, Matters are drawing to a crisis. They seem determined to 455, 450 persevere, and are forming alliances against us. Must we not do something of the like nature? Can we hope to carry on a war without having trade or commerce somewhere? . . The consequence of making alliances is perhaps a total Foreign alliances separation with Britain, and without something of that sort we may not be able to provide what is necessary for our de- fence. My first wish is that America may be free: the second, that we may be restored to peace and harmony with Britain upon just and proper terms."
Two days later. on February 16th. it was proposed to open the ports and renew commerce with all the world except *For general distribution.
1776 ---
February 11th
In the Continental Congress
At Philadel- phia
516
THE PROVINCIAL COUNCIL, 1775-76
1776
Great Britain. In the discussion, Wythe, of Virginia, said : "How, as subjects of Great Britain-as rebels? No: we must declare that the colonies have a right to contract alli- ances with foreign powers !" The eloquent Virginian struck the same chord as Penn; but the question of opening the ports, involving this difficulty, was destined to remain unde- cided for more than two months.
S. R., XI, 289
Later Hewes wrote to Johnston : "I see no prospect of a reconciliation : nothing is left now but to fight it out. Nor are we unanimous in our councils. Jealousies, ill- natured observations, and recriminations take place of reason and argument. Some among us urge strongly for independency and eternal separation, others wish to wait a little longer and to have the opinion of their constituents on that subject. You must give us the sentiments of your prov- ince when your convention meets." And on March Ist, the North Carolina deputies wrote to the Provincial Congress asking directions concerning forming alliances.
C R. X, 494. 495
At Halifax, April 4th
On the organization of the Provincial Congress, Jolinston was unanimously called to preside, and committees were at once appointed to map out the business of the body. Now it was determined to arrange for at least one year of actual war, and a committee of ways and means was directed to devise measures for supporting troops to be raised for that period. A committee of secrecy was appointed, of which Johnston was the head. to whom all intelligence was first submitted, and it was their province to determine what should be imparted to the congress itself. And on the fourth day of the session, April 8th, a committee composed of Harnett, Allen Jones, Burke, Nash, Kinchen, Person, and Thomas Jones was appointed to take into consideration the usurpations and violences attempted and committed by the king and Parliament of Britain against America, and further measures to be taken for frustrating them and for the better defence of the province.
C. R., X, 504
l'he undaunted spirit
The congress-all the members-were unanimous for sep- aration, for declaring themselves no longer British sub- jects, but citizens of a new-born nationality. It was a mo- mentous matter. It would change the nature of the struggle. Not as subjects rebelling against the oppressions of Par-
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APRIL 12, 1776
liament, but as freemen asserting the right of self-govern- ment, were they now to invoke the arbitrament of arms. The congress took steps to sound the people. It was ascertained that the popular heart was strong for independence. In many counties there was not a dissenting voice. Ominous was the war cloud now gathering and expected soon to burst on the devoted province. Already forty sail had anchored in the harbor of the Cape Fear. There Clinton with his detachment from the north waited the arrival of Cornwallis with his seven regiments to subjugate the people. The prospect was full of peril. But the hearts of the patriots did not quail. Under the lead of Johnston, Harnett, Ashe and their associates their spirit rose to loftier heights as dangers thickened.
On the night of April 12th the congress having received some very important intelligence,* at once took up for con- sideration the letter of March Ist, from Hooper, Hewes and Penn, asking instructions in regard to forming alliances.
Harnett's committee was resolute and ready to report ; short and vigorous was the conclusion of the matter. What- ever of doubt there had been was now cast aside. The bonds binding the people to the past were to be broken, and a new purpose, a new hope, that of independence, was to animate them to action. The question Wythe had thun- dered at Philadelphia was answered by the congress at Halifax.
To declare independence
Early Saturday morning Johnston wrote to his brother : "The house, in consequence of some very important intelli- gence received last night, have agreed to empower their delegates at Philadelphia to concur with the other colonies in entering into foreign alliances, and declaring an indepen- dence on Great Britain. I cannot be more particular."
On the night before, Friday, April 12th, the committee brought in its report, reciting the acts of the British min- istry and of the king and Parliament and authorizing the delegates to the Continental Congress to concur in declaring independence.
*Apparently from General Moore. (S. R., XI., 276.)
1776
1776 Mc Ree's Iredell, I, 276 C. R., X, 495
518
THE PROVINCLIL COUNCIL, 1775-76
1776 ---
They reported as follows:
C. R., X, 512
"It appears to your committee that pursuant to the plan concerted by the British ministry for subjugating America. the king and Parliament of Great Britain have usurped a power over the persons and properties of the people unlimited and un- controuled ; and disregarding their humble petitions for peace. liberty, and safety, have made divers legislative acts. denouncing war. famine and every species of calamity against the continent i general : the British fleets and armies have been and still are daily employed in destroying the people and committing the most horrid devastations on the country: that governors in different colonie, have declared protection to slaves who should imbrue their hands in the blood of their masters: that the ships belonging to America are declared prizes of war. and many of them have been violently seized and confiscated. In consequence of all which. multitudes of the people have been destroyed, and from easy circumstances reduced to the most lamentable distress.
"And whereas the moderation hitherto manifested by the united colonies and their sincere desire to be reconciled to the mother country on constitutional principles. have procured no mitigation of the aforesaid wrongs . . . and no hopes remain of obtaining re- dress by those means alone which have been hitherto tried, your committee are of opinion that the house should enter into the fol- lowing resolve, to wit:
To concur in declaring independ- ence
"Resolved, That the delegates of this colony in the continental congress be empowered to concur with the delegates of the other colonies in declaring independency, and forming foreign alliances. reserving to this colony the sole and exclusive right of forming a constitution and laws for this colony. and of appointing delegates from time to time ( under the direction of a general representation thercof). to meet the delegates of the other colonies for such pur- poses as shall be hereafter pointed out."
Night had already closed in: but doubtless with burning words Harnett, accomplished and silver-tongued, urged the adoption of the resolution presented by the committee with all his powers. It was unanimously accepted as the voice of North Carolina. No other business was transacted, but the session of the day closed with this great performance. The next day President Johnston wrote to Hooper. Hewes. and Penn in great haste : "The congress have likewise taken under consideration that part of your letter* requiring their *Of March Ist.
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NORTH CAROLINA LEADS
instructions with respect to entering into foreign alliances, and were unanimous in their concurrence with the enclosed resolve, confiding entirely in your discretion with regard to the exercise of the power with which you are invested."
But Hooper and Penn were then in Virginia on their C. R., X, route to Halifax, where they arrived in time to take their 516 seats on Monday, the 15th. They had the gratification of finding the congress responsive to the sentiment of the people, pronounced for independence, and earnest and zealous for defence.
The first action
Indeed, this resolution for independence was the first utterance for separation that had been made on behalf of any colony in America. Mecklenburg's voice and action in May, 1775, annulling all the commissions and powers derived from the Crown and establishing an independent government, was then premature and out of harmony with the spirit of the times : even now the people "of the other colonies from New England to Virginia were in solid array against indepen- dence." This first voice of any province leading the way gave heart to the patriots and strengthened the independent spirit which was beginning to manifest itself in other com- munities. "It was warmly welcomed by the patriots and commended for imitation." In Virginia the idea of inde- pendence was said to have been alarming in March, but was welcome in April: and a month after North Carolina had acted the Virginia convention met and adopted a similar resolution, directing its delegates in congress to propose independence and separation. But it is the crowning glory of North Carolina that her sons had the manhood and spirit to desire independence, the wisdom to perceive that the change in the purpose of the contest would add to the prob- abilities of a successful achievement and the boldness to lead the way.
The captured Tories
One of the first questions that claimed the attention of congress was the disposition of the prisoners taken at
1776 --
Frothing- ham's Rise of the Republic, 504, 509
Virginia acts in May
520
THE PROVINCLIL COUNCIL, 1775-76
1776 -
Moore's Creek. They had been confined in the Halifax jail. Because his health was suffering. General McDonald was immediately paroled to the town, and a day or two later Allan McDonald was also admitted to parole. A committee was appointed to examine into the cases of the different prisoners, about fifty of whom were paroled to return home. while some were directed to be removed to other communi- ties within the province, being allowed reasonable time to arrange their affairs at home, and with the privilege of removing their families, as they should prefer. George Micklejohn was paroled to Perquimans, and James Hunter to Bute. James Lowe and Robert Adams, who shot Captain Dent, were ordered to Halifax jail. Persons were appointed in the several counties to look after the families of the insur- gents at their old homes or in their new ones.
Care of the prisoners
C. R., X, 560
Eventually, toward the end of April, it was determined that fifty-three of the number, including General McDonald and other influential Highlanders, should be removed to Pennsylvania, and others to Virginia and Maryland. where they were confined until exchanged or discharged by con- gress .* In view of the rigorous measures which the con- gress felt constrained to take with regard to these insur- gents, on April 2yth it issued a declaration lamenting the necessities and hardships of the occasion, and declaring to those who still remained in the State that, "We administer this consolation-that they may rest assured that no wanton acts of cruelty, no severity, shall be exercised to the prison-
Policy towards the Tories
C. R., X, 548, 549
ers. . . We have their security in contemplation, not to make them miserable. In our power, their errors claim our pity, their situation disarms our resentment. We shall hail their reformation with increasing pleasure, and receive them to us with open arms, . . . and shall bless the day which shall restore them to us friends to liberty, to the cause of America, the cause of God and mankind. . . Much de- pends upon the future demeanor of the friends of the insur- gents who are left among us as to the treatment our pris- oners may experience. Let them consider them as hostages for their own good behavior, and by their own merits make kind offices to their friends a tribute of duty as well as
*They were confined at Reading, Pa., and Staunton, Va.
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PREPARATIONS FOR WAR
humanity from us who have them in our power." The declaration from which this is extracted was directed to be April translated into Erse, and the committees appointed in the several counties to take care of the families of the insurgents were directed to see that there was no suffering.
The drums and colors
On the day the convention met there arrived at Halifax the wagon sent by the delegates at Philadelphia with powder, drums and colors. as ordered by the council in December. Up to this time. as far as appears, the troops of the province had used no colors. At Charleston a flag bearing a crescent was in use. At Boston. the Massachusetts troops used a flag with a pine tree, the pine tree having for a century been the emblem of that colony. On the sea, the early flag bore a rattlesnake, with the legend, "Don't tread on me." The first flag of the united colonies was made at Philadelphia and sent to General Washington, who raised it on January 2, 1776. at his headquarters at Cambridge. This flag consisted of seven red and six white bars or stripes and a field of the king's colors, red and white crosses on a blue ground. It has been said that until 1777 the snake flag was used by the southern states : but as the colors received in April were sent by the North Carolina deputies from Philadelphia after the striped flag had been made and used by Washington as the continental colors, it is surmised that they were of that pattern.
To supply the money needed in the military operations, congress directed the issue of $1,000,000 in notes, and re- solved that a tax should be laid on the poll. beginning in the year 1780, to retire that issue : and appropriations were made to pay all the soldiers. militia and others that had been in the service of the province. and for arms and equipments. Commissioners were also appointed to procure sulphur, salt- petre, and salt, and to establish ironworks and foundries on Deep River.
On the water
The Cape Fear and Chesapeake Bay being closed. and Beaufort frequently visited by British cruisers, the impor- tance of Ocracoke Inlet as a channel of commerce became
1776 --
McRee's Iredell, I, 275
The flag
The red and white bars
War measures
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THE PROVINCLIL COUNCIL, 1775-76
1775 C. R., X, 353, 636,537, F 40-542
Importa- tion-
greatly increased. The enterprising merchants of Edenton and New Bern and of the village of Washington on the I'amlico despatched vessel after vessel abroad, whose return cargoes of salt, powder, cannon and other munitions of war and necessaries contributed largely to supply the needs of the public. The firms of Hewes & Smith, at Edenton, and John Wright Stanly, at New Bern, took the lead in this hazardous enterprise. Their patriotism and unremitting ac- tivity proved of great advantage to the American cause. Others also engaged in the same work, and besides trading vessels. there were fitted out privateers to prey on British commerce, while the State itself constructed armed cruisers for the public service. At Wilmington the George Washing- ton was built; at New Bern. the Pennsylvania Farmer; at Edenton, King Tammany; while the Heart of Oak, the Polly and other vessels were granted letters of marque as privateers.
C. R., X, 550
In order to interrupt importations through Ocracoke. Dun- more sent two armed sloops, the Lily and the Fincastle, to seize such vessels as might be there ; and on April 14th the Lily captured the schooner Polly, removed part of her cargo and left a prize crew in charge of her. But the patriots were not idle. Three days later a number of armed men, in five whaleboats, captured the Lily and retook the Polly, the Whigs showing as much enterprise and skill on the water as on the land.
The war on the water
Because considerable importations were made through this channel for the benefit of Virginia as well as for the Continental Congress, of which Hewes was one of the most efficient agents, it was thought that Virginia should aid in keeping Ocracoke open. Application was therefore made to that province to fit out two armed vessels to act in conjunc- tion with those equipped by North Carolina. The sugges- tion was acted on promptly, and two large row-galleys were built at South Quay by Virginia, one of which afterward came into possession of North Carolina.
The Tories
C. R., X, 593. 594
In different parts of the province the disaffected element made manifestations of their Toryism. In Edgecombe a
523
ACTIVITY OF THE TORIES
body was dispersed by a party of Whigs under Jolin John- ston ; and the Committee of Safety of Rowan thought it well to disarm some of the inhabitants of Muddy Creek. But, on the other hand. that committee was cheered by patriotic resolutions signed by a number of ladies of Rowan, as had been the committee of Mecklenburg by resolutions entered into somewhat earlier by the young ladies of that county, that they would not receive the addresses of young gentle- men except the brave volunteers who had served in the expe- dition against the Scovellites. The women of the west were as resolute as the men.
The difficulties of enrolling the militia who were to turn out and supplying them with arms was forcibly stated by Colonel William Bryan, of Johnston, who was almost in despair from the adverse circumstances that surrounded him. He added: "We have several obstinate persons in this county, and I believe they are great Tories in their hearts ; they are constantly sowing sedition in the minds of the people. I should be glad if the light horse could be directed to take a turn through our county. I believe if there could be a few of the heads of them subdued it would be of great service to the county. I have so little dependence in the militia that I don't think convenient to undertake to subdue them that way."
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