USA > North Carolina > History of North Carolina, V I pt 2 > Part 9
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447
STATEMENTS OF GRAHAM AND HUNTER
Thos. Polk to the several militia companies, that two men, selected 1775 from each corps. should meet at the court-house on May 19. 1775, The moving in order to consult with each other upon such measures as might Cause he thought best to be pursued. Accordingly on said day a far larger number than two out of each company were present. . . . Then a full. a free, and dispassionate discussion obtained on the various subjects for which the delegation had been convened, and the fol- lowing resolutions were unanimously adopted: [Resolutions like those published in the Register.] . . . Then a select committee was appointed to report on the ensuing day a full and definite statement of grievances, together with a more correct and formal draft of the Declaration of Independence. These proceedings having been thus arranged and somewhat in readiness for promulgation, the delegates then adjourned until to-morrow, at 12 o'clock. May 20th, at 12 o'clock, the delegation, as above, had convened. The select committee were also present and reported agreeably to instructions, viz .: a statement of grievances and formal draft of the Declaration of Independence, written by Ephraim Brevard, chairman of the said committee, and read by him to the delegation. The resolves, by- laws and regulations were read by John McKnitt Alexander. . There was not a dissenting voice. Finally, the whole proceedings The public meeting were read distinctly and audibly at the court-house door. by Colonel Thomas Polk, to a large, respectable and approving assemblage of citizens who were present and gave sanction to the business of the day."
The accuracy of the statements made in the manuscripts found by Dr. Joseph McKnitt Alexander was for a generation unquestioned in North Carolina. It was only after the discovery of the contem- porancous publication of other resolutions, adopted at Charlotte on May 31. 1775, of similar import, that any suggestion of inaccuracy arose.
In 1838 a Pennsylvania newspaper of 1775 was found containing several resolutions adopted at Charlotte on May 31. 1775; and in 1847, a copy of the South Carolina Gusette and Country Journal, published at Charleston, of the date of June 16, 1775, was found. It contained a full series of resolutions adopted at Charlotte, May 31, 1775. Later other papers were found containing, in part, the same resolutions. No contemporaneous reference to any other res- olutions than those of May 3Ist has ever been discovered.
After the Resolves of May 31st were brought to light in 1847 many persons believed that they were the only ones adopted at Charlotte, while others adhered to their belief in the genuineness of the "Declaration of May 20th." The subject has been ably dis- cussed by some of the most eminent of our citizens. The original
Resolves of May 31st discovered
448
THE MECKLENBURG RESOLL'ES, 1775
1775
papers, the half sheet in the handwriting of John McKnitt Alexan- der, the full sheet in the unknown handwriting, the Davie copy with its certificate, and other documents connected with the subject passed into the hands of Governor D. L. Swain, but are now lost.
Recently a copy of the North Carolina Gusette, published at New Bern June 16, 1775, was found, containing the Resolves of May 31st. and a transcript of the same Resolves, published in the Cape Fear Mercury, probably in the issue of June 23. 1775. sent to England by Governor Josiah Martin, has been found and published. It is to be observed that at the period of the first publication there was no question as to the particular details, and the witnesses gave testi- mony concerning the general subject that in May, 1775, there were proceedings in Mecklenburg declaring independence.
Hoyt, The Mecklen- burg Dec. of Ind., 276
Some described the public meeting at which the resolutions were proclaimed by Colonel Polk: others did not mention that meeting. The Alexander document of 1800 states that the delegates met on May 19th and continued in session until 2 o'clock on the morning of the 20th, when the resolutions were adopted, and makes no reference to any public meeting. Rev. Humphrey Hunter states that the meeting was on the 19th, and on the 20th there was the public proclamation. General George Graham and several others testify, to the best of their recollection and belief, that the meeting was on the 19th and that there was a public meeting on the 20th. General Joseph Graham says that the delegates met on the 20th and that the resolutions were adopted. and shortly afterward were proclaimed. Other witnesses give an account of the public meeting. Many merely say that the proceedings were in May, 1775.
The evidence shows that there were some meetings of the leading citizens; that Colonel Polk caused the election of two men from each militia district, who met in Charlotte in May; that there was a protracted meeting extending into the night : that the next day the resolutions having been adopted were proclaimed at a large public meeting by Colonel Polk and were received with enthusiasm.
General Joseph Graham says: "One among other reasons offered was that the king or ministry had by proclamation or some edict declared the colonies out of the protection of the British Crown." That idea finds expression in the preamble to the Resolves of May 3Ist published at the time, and is not referred to in the Alexander document of 1800.
Mr. Simeson says: "In addition to what I have said, the same committee appointed three men to secure all the military stores for the county's use-Thomas Polk, John Phifer and Joseph Kennedy. I was under arms near the head of the line, near Colonel Polk. and heard him distinctly read a long string of grievances, the declara-
The Resolves of May 31st fit the description
449
CONTEMPORANEOUS PUBLICATIONS
tion, and military order above." The resolution appointing Colonel Folk and Dr. Joseph Kennedy a committee to get ammunition, as recalled by the witness, is the last of the Resolves of May 31st. and is not a part of the document of 1800. The testimony of Gen- eral Graham and Mr. Simeson connects the public meeting with the Resolves of May 31st.
These and other circumstances lead to the belief that inasmuch as none of the witnesses speak of two public meetings, at which Colonel Polk proclaimed independence, there was but one such meeting ; and the Resolutions which he read were those of May 31st. published on June 13th in Charleston; June 16th in New Bern and June 23d at Wilmington. and in part, in the northern papers. If there was any other public meeting, it is not mentioned by any one. If there were any other Resolutions ever adopted and proclaimed. no copy was preserved.
Governor Swain thus speaks of the Davie copy: "It was not taken from the record ; it is not shown to be a copy of a copy, or that there was a copy extant in September, 1800."
The author in seeking to give effect to all statements as far as they can be made to consist, follows those witnesses who state that the delegates convened on the day previous to the public meeting.
He follows those who give an account of the public meeting. and he accepts the contemporaneous publication of the proceedings as fixing the day, and as containing the resolutions, or action taken, that being the only contemporaneous evidence.
Variations in recollection, after the passage of forty or fifty years, may be expected : and no witness, after forty years had passed, would probably undertake to repeat from memory a set of Resolu- tions of which he had never seen a written copy.
The great leading fact is the public meeting and its incidents, the Resolves adopted and ratified by the people and published to the world as the action of Mecklenburg.
With reference to the difference in dates, it may be observed that Rev. Mr. Hunter, who, when writing his memoirs, appears to have copied from Alexander's document of 1800, putting the meet- ing on the 19th of May, states that on that memorable day he was twenty years and fourteen days of age; and he also states that he was born on the 14th day of May, 1755. That would seem to make the date the 28th day of May.
If when the Alexander document was being prepared, the date was not ascertained from any record, but was calculated, and the calculation was based on the birthday of a person born previous to 1752, perhaps the eleven days' difference between the Old and New Style may account for Alexander's variation from the true
1775
What the evidence proves
The day not then in question
450
THE MECKLENBURG RESOLT'ES. 1775
1775
date stated in the contemporaneous publications. Some of the wit nesses appear to have followed the Alexander document as to the date-a matter then of minor importance.
It is further to be noted that while the Alexander document dif- fers from the published resolutions in language, yet it embraces the same subject matter, and the purpose seems to have been to give an account of the same transaction and event.
The preamble of the resolutions of May 31st. "To provide in some degree for the exigencies of the county in the present alarm- ing period." accords with the purposes of the election of the dele- gates stated by the witnesses as leading to the meeting.
THE RESOLVES OF MAY 31ST:
(From the North Carolina Gasette, June 16, 1775. Published at
New Bern.)
CHARLOTTE TOWN, MECKLENBURG COUNTY, May 31St.
This day the committee met, and passed the following Resolves: Whereas, By an address presented to his Majesty by both houses of Parliament in February last, the American colonies are declared to be in a state of actual rebellion, we conceive that all laws and commissions confirmed by, or derived from, the authority of the king or Parliament are annulled and vacated. and the former civil constitution of these colonies for the present wholly suspended. To provide in some degree for the exigencies of this county in the present alarming period, we deem it proper and necessary to pass the following Resolves, viz. :
I. That all commissions, civil and military, heretofore granted by the Crown to be exercised in these colonies. are null and void, and the constitution of each particular colony wholly suspended.
II. That the provincial congress of each province, under the direc- tion of the great continental congress, is invested with all legislative and executive powers within their respective provinces, and that no other legislative or executive power does or can exist at this time in any of these colonies.
III. As all former laws are now suspended in this province, and the congress has not yet provided others. we judge it necessary for the better preservation of good order. to form certain rules and regulations for the internal government of this county, until laws shall be provided for us by the congress.
IV. That the inhabitants of this county do meet on a certain day appointed by this committee, and having formed themselves into nine companies ( to wit: eight for the county, and one for the town of Charlotte). do choose a colonel and other military officers, who
The action taken at the public meeting
451
THE RESOLVES OF MAY 31, 1775
shall hold and exercise their several powers by virtue of this choice, and independent of Great Britain, and former constitution of this province.
V. That for the better preservation of the peace and administra- tion of justice, each of those companies do choose from their own body two discreet frecholders, who shall be empowered each by himself, and singly, to decide and determine all matters of contro- versy arising within the said company, under the sum of twenty shillings, and jointly and together all controversies under the sum of forty shillings, yet so as their decisions may admit of appeal to the convention of the select men of the whole county ; and also, that any one of these shall have power to examine and commit to con- finement persons accused of petit larceny.
VI. That those two select men. thus chosen, do, jointly and to- gether, choose from the body of their particular company two per- sons, properly qualified to serve as constables, who may assist them in the execution of their office.
VII. That upon the complaint of any persons to either of these select men, he do issue his warrant, directed to the constable, com- manding him to bring the aggressor before him or them to answer the said complaint.
VIII. That these select eighteen select men thus appointed do meet every third Tuesday in January, April, July. and October, at the court-house in Charlotte, to hear and determine all matters of controversy for sums exceeding forty shillings, also appeals; and in cases of felony. to commit the person or persons convicted thereof to close confinement until the provincial congress shall pro- vide and establish laws and modes of procceding in such cases.
IX. That these eighteen select men, thus convencd, do choose a clerk, to record the transactions of the said convention; and that the said clerk. upon the application of any person or persons ag- grieved. do issue his warrant to one of the constables to summons and warn the said offender to appear before the convention at their next sitting. to answer the aforesaid complaint.
X. That any person making complaint, upon oath, to the clerk, or any member of the convention, that he has reason to suspect that any per-on or persons indebted to him in a sum above forty shillings do intend clandestinely to withdraw from the county with- out paying the debt ; the clerk, or such member, shall issue his war- rant to the constable, commanding him to take the said person or per- sons into safe custody, until the next sitting of the convention.
XI. That when a debtor for a sum above forty shillings shall abscond and leave the county, the warrant granted as aforesaid shall extend to any goods or chattels of the said debtor as may be found,
1775 -
452
THE MECKLENBURG RESOLVES, 1775
1775
and such goods or chattels be seized and held in custody by the constable for the space of thirty days, in which term, if the debtor fail to return and discharge the debt. the constable shall return the warrant to one of the select men of the company where the goods were found, who shall issue orders to the constable to sell such a part of the said goods as shall amount to the sum due; that when the debt exceeds forty shillings. the return shall be made to the convention. who shall issue the orders for sale.
XII. That receivers and collectors for quit rents, public and county taxes, do pay the same into the hands of the chairman of this committee. to be by them disbursed as the public exigencies may require. And that such receivers and collectors proceed no further in their office until they be approved of by, and have given to this committee good and sufficient security for a faithful return of such moneys when collected.
XIII. That the committee be accountable to the county for the application of all moneys received from such officers.
XIV. That all these officers hold their commissions during the pleasure of their respective constituents.
XV. That this committee will sustain all damages that may ever hereafter accrue to all or any of these officers thus appointed, and thus acting, on account of their obedience and conformity to these Resolves.
XVI. That whatever person shall hereafter receive a commission from the Crown, or attempt to exercise any such commission here- tofore received, shall be deemed an enemy to his country; and upon information being made to the captain of the company where he resides. the said captain shall cause him to be apprehended and conveyed before the two select men of the said company, who, upon proof of the fact. shall commit him the said offender into safe custody. until the next sitting of the convention, who shall deal with him as prudence may direct.
XVII. That any person refusing to yield obedience to the above Resolves shall be deemed equally criminal, and liable to the same punishment. as the offenders above last mentioned.
XVIII. That these Resolves be in full force and virtue until in- structions from the general congress of this province, regulating the jurisprudence of this province, shall provide otherwise, or the legislative body of Great Britain resign its unjust and arbitrary pre- tensions with respect to America.
XIX. That the several militia companies in this county do pro- vide themselves with proper arms and accoutrements, and hold themselves in constant readiness to execute the commands and direc- tions of the provincial congress. and of this committee.
453
THE DOCUMENT SENT TO ENGLAND
1775
XX. That this committee do appoint Colonel Thomas Polk and Dr. Joseph Kennedy to purchase 300 pounds of powder. 600 pounds of lead, and 1000 Hints: and deposit the same in some safe place hereafter to be appointed by the committee.
Signed by order of the committee.
EPH. BREVARD, Clerk of the committee.
Extract from Report of Historical Manuscripts Commission, Four- teenth Annual Report. Appendix, part X ( 1895) ; Presented to both Houses of Parliament by Command of her Majesty.
(Manuscripts Earl of Dartmouth, vol. II., Amer. Papers, p. 323:) North Carolina
N. D. ( May 31, 1775) resolutions (20) of a committee of the county of Mecklenburg in North Carolina, signed at Charlotte Town, by order of the committee, Ephraim Brevard. Suspending all laws and commissions given by the Crown, and proposing measures to establish a government for the province.
Four folio pages.
Endorsed: In Governor Martin's of June 30, 1775. No. 34. The copy sent by Governor Martin
W. H. Hoyt, "The Mecklenburg Declaration," at page 276, gives a copy of these Resolves, transmitted by Governor Martin. They are the Resolves of May 31, 1775.
Extracts from the records of Mecklenburg County
April, 1775. North Carolina,
At an Inferior Court of Pleas and Quar-
Mecklenburg County. 1 ter Sessions begun and held for the { county of Mecklenburg, on the third Tues- day in April, 1775.
Present the Worshipful Robert Harris, Hezekiah Alexander. Esqrs. Robert Irwin.
July, 1775, At an Inferior Court of Pleas and Quar-
North Carolina, ter Sessions begun and held in the said Mecklenburg County. county, on the third Tuesday in July, 1775. Present the Worshipful Robert Harris, Abraham Alexander, Esqrs. Robert Irwin.
The king's justices in Mecklen- burg
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THE MECKLENBURG RESOLVES, 1775
1775 October. 1775. ) 3d Tuesday.
Same as above.
January, 1776,
Same as above.
3d Tuesday. 1
April, 1776, 1
3d Tuesday.
Same as above.
Conditions in May
At Philadelphia the North Carolina deputies were carried away by the enthusiasm that pervaded the northern colonies. Hooper wrote to Harnett and to Sam Johnston urging the necessity of having a provincial convention immediately after the adjournment of the general congress, and apprehensions were expressed lest North Carolina should delay too long the organization of troops. But even then companies were being formed throughout the province, and in Rowan, Meck- lenburg. Tryon and in other counties public action emanated from the militia districts.
Mecklenburg declares independence
Indeed, so far from the people of North Carolina being indifferent or supine, a step forward was now taken in Mecklenburg County that was far in advance of the desires of either Hooper. Hewes, or Caswell, or their asso- ciates in congress. It was a declaration of independence. In March and April there had been many meetings of the Committee of Safety in Mecklenburg. The occupation of Boston by a hostile British army was a thorn in the flesh. The inhabitants of that town were suffering from their adherence to the rights of America, and again the cry rang throughout Mecklenburg that the cause of Boston was the cause of all. In May came the exciting news that Parlia- ment in its address to the king had declared the colonies in rebellion, and therefore out of the protection of the law. The leaders felt that a storm was about to burst on the heads of the patriotic people. It was determined to prepare for it. Public meetings were held in various parts of the country, and the prevailing sentiment was found to be one of resolution. After conference. Colonel Thomas Polk. the commanding officer of the county, called for an election of two representatives from each of the nine militia districts of
455
MECKLENBURG ACTS
the county to take into consideration the state of the country and to adopt such measures as seemed necessary to safe- guard their liberties. The election was held and amid great excitement the delegates convened at Charlotte, and with them came their friends and neighbors, so that nearly one- half of all the arms-bearing men of the county assembled in that little hamlet. As great as was the occasion. the excite- ment was largely increased by the arrival of the news of the battle of Lexington, which had swept through the country like a whirlwind, stirring the people to the profoundest depths. To the meeting came all the leading inhabitants, the Polks, Alexanders, Brevards, Davidsons, and all who were leaders in thought and action. They met on the 30th day of May, in the court-house, and Abraham Alexander was called to the chair. A number of papers were read. Stress was laid on the action of Parliament declaring the colonies in rebellion. As they were held to be rebels, the leaders urged that they should renounce their allegiance and declare themselves independent. An objection was made: If we resolve on independence, how shall we be absolved from the oath of allegiance we took after the Regu- lation battle? With hot indignation the answer came- That allegiance and protection were reciprocal : when pro- tection was withdrawn, allegiance ceased. Independence Statement was resolved on, and a committee composed of Dr. Graham Ephraim Brevard and others was appointed to prepare the resolutions. The discussion continued far into the night, and then the delegates adjourned to reassemble at noon. At twelve o'clock the following day, the delegates again met and the resolutions prepared by Dr. Brevard were read and adopted.
It was resolved that all commissions granted by the Crown were null and void ; that no other authority than that of the Continental Congress and the provincial congresses existed in any of the colonies; that military officers should be elected who should hold their offices independent of Great Britain, and an independent local government was provided for.
These bold resolutions having been adopted by the dele- gates, it was determined that the action taken should be
1775
Statement of Graham; Preamble of Resolves
The great meeting
Lf General
May 31st, Wednesday
Independ- ence
456
THE MECKLENBURG RESOLT'ES. 1775
1775
May
proclaimed at the court-house door, and be formally au- nounced to the people, who, animated by ardor, patriotism and excitement, had come together in great numbers to par- ticipate in the proceedings of the day. Colonel Polk. the leader in the measure, standing on the high steps of the court-house. read the resolutions to the eager crowd : and the people with much enthusiasm approved and endorsed thi- first assertion of independence. As a manifestation of their approval cheers were given, hats were thrown into the air. and with enthusiastic applause the people ratified the great action taken by the delegates. Mecklenburg thus first gave expression to that spirit of independence which later developed elsewhere. finally leading to a total abandonment of all desire for reconciliation with the mother country.
Statements of Simeson. Cummins, Graham. Hunter
By these Resolves all laws and commissions emanating from the royal government were annulled. and the former civil constitutions of the colonies were declared wholly sus- pended : and also it was declared that no other power existed in any of the provinces but the provincial congresses under the direction of the Continental Congress.
The independent government
It being decreed that all laws, commissions, and authority were abrogated, there was established a new government to replace the old one. The plan provided that the inhabitants of the county should form themselves into nine military com- panies, and choose a colonel and other military officers, who should hold their power by virtue of the people's choice, and independent of the Crown and of the former constitution of the province : that each of these companies should appoint two freeholders to exercise judicial functions under the name of "selectmen" : that these eighteen "selectmen" should hold a court for the county, and should meet at Charlotte quarterly for that purpose.
It was further decreed that any person thereafter receiv- ing any commission from the Crown, or attempting to exer- cise any commission theretofore received, should be deemed an enemy to the country and should be apprehended. All public moneys collected were to be paid to the chairman of the Committee of Safety: the military companies were to hold themselves in readiness to execute the commands of the general congress and of the committee of the county, and
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