USA > North Carolina > History of North Carolina, V I pt 2 > Part 4
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Servants and slaves
Negro slavery was introduced into the colony at an early date. and servants by indenture was an English institution of long standing. Many persons came to America. paying their way by an agreement to render service for a definite period of time, these being called redemptionists. There were but few redemptionists brought to North Carolina, but apparently there was a considerable number of indented ser- vants. The law forbade the emancipation of negroes except for meritorious services, to be passed on and allowed by the justice's court for the precinct or county. In 1723 such a considerable number of free negroes, mulattoes, and other
395
SERVANTS AND SL.IVES
persons of mixed blood canie into the colony, several of whom intermarried with the whites against the law, that a particular act was passed expelling them; and no negro set free was allowed to remain in the province longer than six months.
In 1741 a further act was passed on the subject of Chris- tian servants. by which indented servants were meant, and of negro slaves, regulating their correction and punishment, their diet, lodging, etc. ; these matters being under the super- vision of the county justices. In case any Christian servant should, during the time of his servitude, become diseased, the church wardens had to see that he was cared for.
If any person should import a slave who had been free in any Christian country, such slave was to be returned to the country from which he was brought, and a penalty was fixed for the offence. Slaves were required to remain on the plantation, and only one of them was allowed to have a gun to hunt for his master.
In the trial of slaves other slaves could give evidence, but in no other cases.
1771
CHAPTER XXIV
MARTIN'S ADMINISTRATION, 1771-75
Martin's administration .- The Regulator chieftains .- Pardon asked .- The Assembly meets .- Act of oblivion recommended .- The line between the Carolinas .- The quarrel with the governor .- The Assembly dissolved .- Sarah Wilson .-- Purchase of Granville's terri- tory proposed .-- Governor Martin proposes reforms .- He confers with the Regulators .-- The province tranquil .- Martin's view of the commotion .- The house objects to the South Carolina line .- Dis- agreement of the houses over James Hunter .- Fanning's losses .- Changes at the west .- The court bill .- The attachment clause .- The house resolute .- It is dissolved .- Courts by prerogative .- Quincy's visit .- Martin to become Granville's agent .-- Colonial af- fairs .-- Committee of Correspondence .-- The act of oblivion again fails .--- The house affronts the governor .-- The courts cease .- The governor seeks conciliation .- Temporary courts of over .- The one shilling tax .-- Harvey urges a convention .- Continental affairs .-- Tea destroyed at Boston .- Parliament closes the port of Boston .- The McDonalds come to the Cape Fear.
Martin's administration
1771 After the hasty departure of Governor Tryon from the province, at a meeting of the council held in New Bern on July 1. 1771, James Hasell, the eldest councillor and the president of the board, assumed the administration, requir- ing all officials to qualify again, as if he had been appointed August, 1771 governor. It was not until August 1Ith that Josiah Martin, the new governor, who had been detained in New York by illness, arrived at New Bern and entered on the discharge of his duties. Governor Martin, like Tryon, had been a lieu- C. R., X, 47 tenant-colonel of the British army, but had two years earlier sold his commission and left the army because of ill health. He was just thirty-four years of age, an accomplished gen- tleman, a man of education, having strong connections in England. He had enjoyed the advantage of consultation with Governor Tryon at New York, receiving from him much information in regard to the local affairs of the prov- ince. His purpose seems to have been to continue in the same line of conduct that Tryon had pursued. Pleased with
397
THE REGULATORS SEEK PARDON
President Hasell, he took carly occasion to recommend him for the position of lieutenant-governor in place of Lieuten- C. R., IX, ant-Governor Mercer, who, it was rumored, had been ap- 50, 277 pointed to a new government erected on the Ohio, but this proved to be an error. for Lieutenant-Governor Mercer still remained in England, enjoying the honors if not the emolu- ments of his office.
Applications were speedily made for the pardon of many of the leading Regulators. Husband had fled to Maryland, and later located in Pennsylvania. Howell also took refuge in Maryland, then moved to Virginia, but finally returned to the home of his youth in New Jersey. Hunter, who had strong connections in North Carolina, after some months' sojourn in Maryland, returned and took up his abode among his people. The Assembly favored him, as well as the county courts, much to the disgust of the governor. His friends asked for his pardon, but it was never formally granted. vet he remained undisturbed and was later regarded as a sup- porter of Governor Martin's administration. William Butler made his petition for pardon, saying: "It is with the utmost abhorrence that I reflect on the proceedings of the people formerly called Regulators, being fully convinced that the principles which they had espoused were erroneous, and therefore most sincerely promise never to do the like again." The friends of the "Black Boys" in like manner petitioned for mercy for them. Later the six convicted Regulators were pardoned by the king, and no other proceedings were instituted, although unavailing efforts were made to capture Husband in his hiding place in western Maryland.
Governor Martin convened the Assembly on Novem- 1771 ber 19th, being the second session of the body elected in 1770. Husband had been expelled, and John Pryor. the other mem- ber from Orange, being dead. McNair and Nash were elected in their stead. Thomas Person, although excluded from pardon by the proclamation of Governor Tryon shortly after the battle of Alamance, appeared and took liis seat, but C. R., IX, Benjamin Person, one of the members from Bute, had died. 136 General Waddell had been elected from Bladen County to fill a vacancy. There were no other notable changes in the body.
1771
C. R., IX, 2₺3, 269
C. R., IX, 57,99
398
MARTIN'S ADMINISTR.ITION. 1771-75
1771
November
Governor Martin's opening address was very satisfactory to the Assembly, and Maurice Moore, Samuel Johnston and Abner Nash were appointed a committee to prepare an answer to it. Their address was reported to the house by Judge Moore, and it is notable in that it contains but little of the laudation lavished by the council on Governor Tryon. although it declared that "his spirited conduct and the bravery of the troops in the expedition against the insur- gents deserve the acknowledgments of the whole country." Indeed, Judge Moore seems to have been at points with the late governor, shortly after whose departure there appeared a letter signed "Atticus," attributed to Judge Moore,* roughly handling him and holding him up to ridicule. The house urged the governor to grant a general pardon to all persons concerned in the insurrection except Husband, Howell and Butler. The omission of Hunter from this excepted list is remarkable, since he was the general of the insurgent forces. Governor Martin, however, thought it be- yond his power to grant pardons, and replied that he had already offered such a measure for the consideration of the king, and at a subsequent session he informed the house that the king recommended it to pass a general act of pardon and oblivion.
C. R., IX, 269
Jan., 1771 Fire in Wilmington, South Carolina Gazette
The house proceeded to address itself to local affairs, pass- ing bills to establish new counties at the west, to construct a public road from the western counties to Campbellton, to amend the act in relation to fees for officers, and other legis- lation calculated to promote the welfare of the people. Wil- mington had suffered by a heavy fire. and an act was passed regulating the affairs of that town, particularly in view of possible conflagrations. A two-shilling tax was laid to retire debenture bills to the amount of £60,000, directed to be issued because of the expenses incurred in the Alamance campaign.
The line between the Carolinas
South Carolina had desired the line between the provinces to be so established as to give her a large territory at the west. On the other hand, Governor Tryon had urged that the line from the Yadkin River should be extended direct *Also attributed to Abner Nash. Perhaps it was their joint work.
399
THE SOUTH CAROLINA BOUNDARY
to the Indian boundary, which he thought it would reach somewhere near Reedy River. But South Carolina, claiming that the original division before Brunswick was settled had been the Cape Fear River and that when the line was run to the Yadkin the surveyors had erroneously allowed North Carolina eleven miles too much. now insisted that the boun- dary should be the Catawba River to its source in the moun- tains. The king, however, decreed that the line should follow the boundaries of the reservation allotted to the Catawba Indians, and then up the Catawba River to its forks, and from there a due west course. Such were the instruc- tions given to Governor Martin, who asked for an appropria- tion to carry them into effect. The Assembly demurred, replying that it had no funds for the purpose, and with some indignation it petitioned the king not to insist on that line. After adjournment. however, Governor Martin ran that line, much to the dissatisfaction of North Carolina. It deprived the province of a wide breadth of valuable territory well settled, for population had now extended to the mountains; but notwithstanding all remonstrances. it never was altered. While the western part of the province was receiving these accessions of population, immigrants were continually arriv- ing at the ports, and in the winter of 1771 no less than one thousand Highlanders disembarked on the Cape Fear.
The clashing over the sinking fund tax
Among other business that the Assembly undertook was the passage of a new court law. But the session was brought to an unexpected close with that and much other business unfinished. Besides the act for the issue of £60.000 of Dec., 1771 debenture notes, both houses passed a bill to issue £120,000 of proclamation money, which the governor considered repugnant to the act of Parliament prohibiting the issue of paper currency of legal tender, and did not assent to. On the same day, Saturday, December 21st, a bill was The passed to discontinue a tax of one shilling for the sinking fund, which appeared to have had full operation. The governor was determined not to assent to that, saving that it was a measure teeming with fraud and inconsistent with the public faith ; but the leaders in the Assembly were equally
1771
The line not satisfactory
C. R., IX, 259
shilling tax discontin- ued
400
MARTIN'S ADMINISTRATION. 1771-75
1771 The Assembly firm
determined in their resolution to relieve the people of what they regarded an unnecessary burden. Despite the antag- onism of the governor, they proposed to proceed. In view of the fact that he would not ratify the act, the house passed a resolution that the tax had accomplished its purpose and should no longer be collected ; and that it would indemnify the sheriff's in not collecting it. This was similar action to that taken in 1768, to which Governor Tryon objected, but which, notwithstanding his objection, was successfully made effective. On learning that this resolution had been adopted by the house. Governor Martin hastily commanded their attendance, and before it could be entered on their journal of proceedings he immediately dissolved the Assembly. Treasurer Ashe was a member of the body, as well as Treas- 11rer Montfort, who had been elected at a bye-election as the representative of the town of Halifax, and pursuant to the resolution. they omitted that tax from the sheriffs' lists.
C. R .. IX, 230, 233
The Assembly dissolved
C. R., IX, 234
The governor at once wrote to the treasurers, insisting that they direct the sheriffs to collect the tax as usual. While the treasurer of the northern district complied. the southern treasurer refused and obeyed the mandate of the Assembly. Thereupon the governor issued a proclamation commanding the sheriff's to make the collection. but his order was not generally obeyed. Thus came a breach between the new governor and the people, on a local matter, which Governor Tryon always had the address to avoid.
Sarah Wilson
Martin, Hist. of North Carolina, 11, 292
During the course of the winter an accomplished woman, calling herself Lady Susanna Carolina Matilda, sister to the queen of Great Britain, travelled through Virginia, being entertained at the houses of the gentlemen, and many had the honor of kissing her hand. To some she promised gov- ernments, to others regiments or promotions of different kinds in the treasury, army and navy, acting her part so adroitly as to levy heavy contributions on persons of the highest rank. At New Bern she received marked attention from Governor Martin and his wife, and at Wilmington she was also received with every distinction. Eventually, at Charleston, where much attention was paid her, her masquerade was discovered, and she was apprehended. Her name was Sarah Wilson. She had been a maid of honor.
40I
GRANT'ILLE'S TERRITORY
Having access to the royal apartments, she rifled a cabinet of many valuable jewels, for which she was tried and con- demned to death. By an act of grace her sentence was softened into transportation, and she had been landed in Maryland during the preceding fall, where. as a convict. she was purchased by a Mr. Duval. Shortly afterward she effected her escape from her master, and when at a prudent distance, assumed the name of the queen's sister. and for a brief season wore her borrowed plumage with fine effect.
Governor Martin proposes reforms
Governor Martin, in considering the situation of affairs in the province, became greatly impressed with the desir- ability of the Crown's purchasing Earl Granville's territory. which was then offered for sale at a price between £60.000 and ÉS0,000 sterling. The quit rents in 1766 exceeded £6,000 proclamation money. After that time the land office was closed, but so many settlers had seated themselves without grants in that domain that in 1772 it was estimated the rents would yield half as much more, and could titles be obtained it was thought that very shortly the rents would amount to £12,000. Such had been the great progress of settlement. But as no quit rents had been paid for five or six years, and the accumulation of indebtedness was heavy, the tenants, even those who had no titles, were very apprehensive concerning the day of payment, and there was a great ferment among them, ready to break out with violence when payment should be exacted. For these reasons the governor urged the pur- chase by the king. and the Assembly held the same view, for at the next session they solicited that the purchase should be made.
The governor had been instructed to request for the The clerks Crown the power of appointing the six clerks of the superior court, theretofore vested in the chief justice, and he now urged that the thirty-four clerks of the counties, the appointment of whom was vested in the clerk of the pleas. Mr. Strudwick, should likewise be appointed by the Crown. C. R., IX, 264-206 These clerkships yielded the incumbents from £50 to £500 per year, and they paid an annual rent running from £4 to £40 to Mr. Strudwick, who thus received £560 per annum,
1772
Quit rents
C. R., IX, 262
102
MARTIN'S ADMINISTRATION, 1771-75
1772 --
C. R. IX, 266, 267
a handsome income from this sinecure. Besides, Mr. Strud- wick was also secretary of the province, which vielded a fire income. Governor Martin dwelt on the evils of this system. by which these clerkships were bestowed on the best bidders. not persons chosen for loyalty, integrity or ability, who were led to extortion upon the people to indemnify themselves for that part of the prouts which they had to pay for the appoint- ment. With adroitness they managed the magistrates, who became confederated with them, and thus arose oppression and shameless conduct among those who ought to have been ministers of justice. In addition, he called attention to the facility with which the clerks found their way into the Assembly, and, being independent of the administration, opposed and embarrassed designs for the public good. He therefore urged most strongly an improvement in the polity of the province by the changes he recommended.
The governor at the west
1772
Following the example of Governor Tryon, Governor Martin proposed to pass the summer at Hillsboro. De- parting from New Bern on June 21st, with twenty persons accompanying him, forming quite a cavalcade, he was more than ten days in making the journey, and when he approached Wake Court House was met by a number of gentlemen, who rode out from Hillsboro to escort him to his residence. That summer proved so dry and the drought was so prevalent that there was a notable failure of crops, not only in western North Carolina. but in South Carolina, as well as to the northward ; and the demand for breadstuffs elsewhere was so great that it became necessary for the gov- ernor by proclamation to forbid the removal of any grain from the province.
At Hillsboro, the 'governor was waited on by many of the Regulators, and then for the first time he comprehended that the outlawed chiefs were so only by virtue of the riot act, which had then expired-and that, besides, it had not been ascertained by law that the proclamations had been published in conformity with the act, and therefore it was uncertain whether they were outlaws or not. He made a
403
ST.ITUS OF THE REGULATORS
tour to Salisbury and the Moravian settlement, and when in Guilford County had a conference with large numbers of the Regulators, among them James Hunter. They all ex- C. R., IX, pressed contrition, and the governor came to entertain very 32Q different views concerning the regulation movement. He views Martin's extended his journey to the eastward as far as Halifax, remarking the great superiority of the inhabitants of Gran- ville and Bute in wealth and refinement over those to the westward. In the course of his journey he reviewed the militia of Orange. Guilford, and Chatham, bringing together C. R., IX, the people that he might reprehend them for their past 349 offences and exhort them to good behavior.
He submitted legal questions concerning the Regulators to the judges and attorney-general, with a view of ascertain- ing their status. In the opinion of the judges, the riot act having expired, the people who had participated in former disturbances were liable only under the previous law. Antici- pating that there would be a general act of pardon passed C. R., IX. by the Assembly, he directed that the outlaws and others 332 et seq. should come into court and give their recognizances, which they accordingly did, and he had the satisfaction of report- ing to the Earl of Hillsborough that all confusion and disor- der had passed away and that peace and tranquillity reigned supreme. He also reported that the commotions were pro- voked by the insolence and cruel advantages taken by merce- nary, tricky attorneys, clerks and other little officers, who practised every sort of rapine and extortion, bringing upon themselves the just resentment of the outraged people ; and that they, by artful misrepresentations that the vengeance which the wretched people aimed at them was directed against the constitution, begat a prejudice against them, C. R., IX, which was craftily worked up until the people were driven 330 to acts of desperation.
That the governor's heart was softened toward those who had been associated as Regulators was apparent, and his sympathies were so enlisted that he gained their good will, and at a later period they were easily moulded to his pur- poses.
C. R., IX. 343
40.4
MARTIN'S ADMINISTRATION. 1771-75
1772 -
Letter from James Hunter to William Butler
"November 6, 1772.
Morehead's James Hunter, 2d ed., 44, 45
"DEAR FRIEND: Sorry I am that I have not the good fortune to see you. . . . I took this journey into Maryland with no other view but to see you, Harman and Howell. as I reckoned you were afraid to come and see me : but have had the bad fortune to see none of you- only Howell, whom I saw in Angusta County, on the head of James River. I expect you have seen Harman by this time, as he had gone with his family to the Red Stone. But I would not have you publish it.
"Things have taken a mighty turn in our unfortunate country. This summer our new governor has been up with us and given us every satisfaction we could expect of him, and has had our public tax settled and has found our gentry behind in our. the public. tax, 66.443-9 shillings, besides the parish and county tax; and I think our officers hate him as bad as we hated Tryon, only they don't speak so free. He has turned Colonel MeGee out of commission for making complaint against outlawed men-and he has turned out every officer that any complaint has been supported against. In short, I think he has determinated to purge the country of them. We peti- tioned him as soon as he came, and when he received our petition he came up amongst us and sent for all the outlawed men to meet him at William Field's, told us it was out of his power to pardon us at that time because he had submitted it to the king, and the king's instruction was to leave it to the governor, council and Assembly to pardon whom they saw fit. But assured us he had given strict orders no man should be hurt or meddled with on that account. which made it- wish for you all back again. Though some are of opinion Harman will not be pardoned, I am of a different mind. The country petitioned for you-upward of 3000 signers; his answer was that he would recommend it to the Assembly, and freely gave his consent that nothing might be left to keep up the quarrel. He came to see tis the second time, and advised, for fear of ill-designing fellows, to go to Hillsboro and enter into recognizance till the Assembly met, which eleven of us did. He bemoaned our case and regretted that the indemnifying act had put it out of his power to give us full redress. Our enemies. I believe, would be glad to see you three pardoned. for some of them have gotten severely whipped about your being kept away, and I think the country is as much master now as ever. The outlawed men since they came home are very ill-natured and whip them wherever they find them, and the governor thinks it no wonder they do not take the law of them. There is a great deal of private mischief done. The people want you back, and I think you would be quite safe, though we can be
The out- lawed men
405
HUNTER'S LETTER
1772 --
The outlawed men
better assured when the Assembly breaks up: it sits December 10th, when it is allowed that an indemnifying act will pass on all sides .* Our governor has got Fanning to forgive the pulling down of his house, and he has published it in print advertisements all over the country. The governor has published a statement of the public accounts at every church and court-house in the province for seven- teen years back. in print, with the sheriffs' names and the sum they have in hand for each year, and a great many of their extortionate actions -- a thing we never expected-to the great grief and shame of our gentry. If you should go to that far country. I wish you would come and see us first : and let me assure you, you need not go on that account. Morriss Moore and Abner Nash have been up to see me, to try to get me in favor again, and promised to do all they could for you. and I think they are more afraid than ever. I have now some good news to tell you. which I heard since I left home. I met John Husbands on his way to Maryland to prove his father's debt, which the governor told him. if he would, in order to prove that Harman was in his debt. he should have all his losses made up, and told me that McCollough was come and was in our settlement, and was to have a meeting at my house the next Monday by a message from the king. Jeremiah Fields and others had been with him to know what it was. but he refused to tell them: he came to my house, only said that he had tidings of the gospel of peace to preach to us all : and was much concerned that I was not at home. for he had particular business with me. I am much troubled. dear brother, that I had not the good fortune to communicate my thoughts to you by word of mouth, for I have so much to tell you that I could not write it in two days. The outlawed all live on their places again, and. I think. as free from want as ever. I came home in ten months after the battle, entered a piece of vacant land adjoining my old place. and rented out my old place. I add no more, but subscribe myself your loving friend and brother sufferer.
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