USA > North Carolina > North Carolina historical and genealogical record > Part 7
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In 1754 the horizon was clouded by the approach of the French and Indian War. A year later, on cur own western frontier, some of the Indians had became hostile, and in one settlement slew sonic fft.cn persons and carried of captive about an equal number. They ranged at will through the frontier settlements
The Scotch-Irish settlers of the and caused much apprehension in the Brittain neighborhood. in the pres- western district. To arrest them Cap-
ent county of Rutherford, brought with them their ordained ministers as well as teachers. Brittain Preshy- terian church, or Little Brittain. as it was known until a fare
tain Waddell, with a company of frontiersmen, scouted along the mountains {Ashe, Vol. 1, p. 289.) In October, 1759, the people heard with dismay that the Cherokees and was established in 1768. This com- Creek's, heretofore considered friend- munity was a civic center, and ly, had declared war against the around it grouped many of the early English. Bands of Indians began to settlers. These staunch Presbyter- pass the defiles. of the mountains and ians, in the dawn of the county's range the foothills. A reign of ter- ror set in. Accounts of atrocities and butcheries and of destroyed homes came thick and fast to Salisbury and Bethabara. They were intensely history. "placed their trust in God and kept their powder dry." It is said that as late as 1800 it was not an uncommon sight to see these fear- less Scotch-Irish members attend- harrowing while some of the ex- ing Brittain church with their rifles in hand.
capes were miraculous. (Ashe. Vo !. 1, p. 299 )
These settlers gradually push d On complaints of the Cheroke's forward the line. of settlement until the boundary line of the Indian Na- it reached the northwest corner of. tion and North Carolina was survey- North Carolina. Thus was a wilder- ed in 1769. Governor Tryon person- noss tamed by a steady stream of ally supervised part of the work. immigration from the older lands of The line ran across Tryon mountain,
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HISTORICAL AND GENEALOGICAL RECORD.
in what is now Polk county: and was perhaps more highly organized, that mountain was named for the considering the county's large ex- governor. Incidentally, the beautiful tent of territory, than any of the little town of Tryon, in Polk', takes other counties. The frequent Indian its name from the same governor uprisings and the constant menace for which the county was original- from their tomahawks kept the in- ly named.
Formation of Tryon County.
habitants of this sparsely settled region alert to the danger. During the present boundaries of Ruther-
By 1768 the population of Meck- this period there was erected within lenburg had increased considerably to the westward and the fearless ford county at least one fort. This pioneers had penetrated into the west- was Fort McGaughey, located near ern wilderness, out of reach of gov- the present Brittain Presbyterian ernmental authority. These indepen- church, and, until a few years ago dent, daring pioneers, trained to its foundations were visible. A stock- rely on their own personal strength ade was located in the Montford Cove and prowess, felt perhaps less need community, near the present Ruther- for governmental authority than any ford-McDowell county line, and still other one thing, but occasions arose another fort at the present town of for aid and assistance from county Old Fort. The latter was, according and state officials. This led the bur- to authorities, built for the protec- der settlers to request that a couz- tion of the Cherokees, but was never ty be erected from Mecklenburg. The utilized by them.
legislature of 1768 passed an act Year 1769. creating Tryon from the west por- The minute dock.t of the Tryon tion of Mecklenburg "on and after county court is filed with the North the tenth day of April next" (1789). Carolina Historical Commission. The The same act named Thomas Neal, first court was held in April, 1769, Henry Clark, William Yancey, Dan- but the place where the court was iel Warlock, Jacob Forney, John held is not mentioned in the min- Gordon and William Watson as com- utes. The first entry in the book missioners empowered to contract reads. "Pursuant to an act of the General Assembly of the Province aforesaid, bearing date the fifth day
with workmen for the building of >
. court house, prison and stocks, and provided for the levying of a tax of of December, 1768, and in the ninth two shillings, proclamation money, year of His Majesty's Reign, for di- per annum, on each taxable poll for viding Mecklenburg into two distinct two years to defray expenses building the court house. (S. R. Vol. 23, pp. 769-770).
of countys by the names of Mecklen- burg and Tryon countys, and for other purposes, etc. His Majesty's The boundaries of Tryon county Commission under the Great Seal were almost indefinable. The county of the Province aforesaid appointed covered a large territory, part of Thomas Neil, Jr., William Moore,
which was uninhabited, and a por- William Watson, William Twitty,
tion of which was inhabited and John Retzhough, Jacob Costner, claimed by the Cherokees. From its James McLean, Henry Clark. Jonas natural location its frontiers were Bedford, John Gordon, John Walker, continually exposed to the ravages Henry Holman. Robert Harris, Jr .. of the Cherokee. The county militia and David Anderson Justices assign-
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HISTORICAL AND GENEALOGICAL RECORD.
ed to keep the peace for the county "required to agree and appoint ([ Tryon aforesaid, etc., was read it proper and convenient place where- open court ... impowering the said on to erect the said buildings, with- justices to administer all oaths at- in three months, and cause the same pointed by the Act of Parliament for to be erected and built within twelve the qualifications of all public of- months after the passage of this act." ficers and also such other oaths as (S. R. Vol. 23, p. 803.) are appointed by act of the Assembly At the same session of the general for the qualifications of all officers assembly the following act was pass- according to their several commis- ed: sions." (Court minutes). At this first "Whereas, the boundary between session Ezekiel Polk produced his the county of Rowan and the coun- commission as clerk of the court. ties of Mecklenburg and Tryon hath Alexander Martin was appointed not as yet been ascertained, by rea- King's attorney, and John Tagert son whereof the inhabitants within produced his commission as sheriff. the disputed bounds of the said coun- Waightstill Avery, John Quinn, Sam- ties refuse to give in a list of tax- uel Spencer and James Forsyth took ables. or pay their taxes in any of the necessary oaths as attorneys to the said counties;
practice in the county court.
"Be it enacted. That Thomas Neal,
At the October. 1769. term . of Thomas Polk. Matthew Locke. Grif- court the county expenses for 1769 fith Rutherford and Peter Johnson were computed to be $71-16-10. The be appointed commissioners to run sheriff reported that there
were dividing lines between said counties." 1226 taxable polls in the county, and The act further provided for the from this the justices levied a tax levying of a poll tax to pay the ex- of three shillings two pence Procla- pense of the survey. (S. R. Vol. 23, mation money on each taxable per- pp 841-42.)
son.
Justices of the peace for 1770 in- William Moore and Thomas Neil cluded Francis Adams, Robert Black- (Neale) were elected to represent burn, George Blanton, Thomas Neal, Tryon county in the house of com- William Moore, John Retzhough. mons in 1769, and they continued William Watson, John Gordon, John as the county's representatives in Robertson, James McEntire, Henry 1770 and 1771. No legislative ses- Clark, David Anderson, John Walker. sions were held in 1772.
Henry Hollman, Timothy Riggs, Year 1770. James McElwean. The January court In 1770 the general assembly minutes mentions William Moore as passed an act appointing a new set coroner. "John Tagert came into of commissioners to build a court court and produced a commission of house. The commissioners named in sheriff of this county from under the act which created the county the hand and seal of His Excellency". "neglected to comply with the direc- Francis Neal presented his commis- tions of the said act," therefore sion appointing him colonel of the Thomas Neil (Neale). William Moore. Tryon Regiment (of militia) "and Robert. Adams, Ephriam McLain and took the oath of State." The follow- John Beard were appointed, and in- ing presented commissions as cap- Vested with the same powers as the tains in the Tryon Regiment of Foot original commissioners, and were Soldiers: Charies McLean, Zacharia
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HISTORICAL AND GENEALOGICAL RECORD.
Bullock, Thos. Bealy (Beaty?), Eph- The pay roll of one of Tryon cour- ram MeLoun. (January, 1770 Court ty's militia companies, in service against the Indians in February, Minutes) .
Commissions of the captains in the 1771, follows:
Tryon County Militia were present- "The Publick of North Carolina ed at the April term of court by the to John Nuckols, for going against following: Andrew Hampton, Abra- the Cherokee Indians in Obedience ham Kuykendoll. Henry Clark and to an express from the commanding Joseph Green. The following were officer of Tryon County. Feby. 9th. commissioned as lieutenants: Patrick 1771" (Here follows a list of officers McDavid, Daniel Shipman. At the and men, together with the number same time Perrygreen Magness and of days served and amounts due John Branson presented commissions each. The muster roll only is given. as ensigns in the Tryon militia and "John Nuckols, Capt .; Wm. March- Robert Blackburn was appointed cap- banks, Lieut .; Patrick Moore, Ensign, tain "in a regiment of foot soldiers Adam Burchfield, Sgt .; Phil Coleman, commanded by Thomas Neal." (April Sgt .; Thos. Cole, Corpal; Hugh Moore 1770, Court Minutes). David Allen, Willis Hix, William Hix,
In October, the sheriff returned a Reuben Favors. Robt. Lawson, John list of adults subject to taxation, Bukrum, Matthew Roberson, John which showed that there wer: 1274 Gordilock, Nath! Simson, Thes. Bar. taxables in the county. A tax of three ton, John Gibbs, Zack Gibbs, Thos. shillings. two pence on each taxable Elder, John Kelso, Field Farrah. was levied. Hugh Means, George Story, Robert Year 1771. Faris, Saml Clowny, William Cole-
Justices of the peace as shown in man, Martin Hammons."
Also three names illegible.
the court records for 1771 included John Robertson, John Walker, Tim- "The above named persons was othy Riggs, Jonas Bedford. Jacob by orders to Capt. Nuckols in the Costner, Henry Clark, William War- Countrys service against the Chero- son, Francis Adams, Henry Hollman, kee Indians the above Number of John Retzhough, William Moore, Days in Consequence of an alarm George Blanton, James McElwean, from the Indian Traders and the front John Thomas, Robert Blackburn, Da- ier Inhabitants of Tryon County. vid Anderson, James McEntire. Fran- "Given under my hand this 26th cis Quinn presented his commission of November, 1771."
as a lieutenant in the Tryon militia at the January term. (January, 1771, Court Minutes.)
"THOS. NEEL." "The above amount against the public of North Carolina was prov- to give ed before me this 28th Nov. 1771." "JAMES DAVIS."
The Indians continued trouble with their periodic raids and foraging parties. This necessitated a large organization of county mili-
(C. R. Vol. 8 pp 517-18.)
Francis Adams was recommendel tia. These militia companies were to the Legislature in April, 1771, as frequently called into service for a sheriff of the county, and in July period of a few days to several was commissioned as such, succeed- weeks. to drive off wandering bands ing John Tagert. Thomas Neel was of Indians, or arrest or disperse appointed Public Register at the Oc- parties annoying outlying settlements. tober, 1771, term of court, and his
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HISTORICAL AND GENEALOGICAL RECORD.
hond. for the sum of one thousand was selected Public Register to suc- pounds, Proclamation money, was ceed Thomas Neel. County expenses signed by William Watson and John were computed to be £89-16-0 for Robertson. Thomas Neel was evident- the year, and a tax of two shillings, ly the county's first register, as no eight pence was levied on each tax- record can be found showing that able person.
Year 1773,
anyone served in this position prior to his appointment. County expend- Court minutes from and including itures for the year were computed the July, October, 1773 and January at £113-12-0, and a tax of 1 shilling and April, 1774, sessions are miss. three pence was levied on each tax- ing. Names of the justices appear .. able in the county. (Court Minutes). ing in the 1773 records are Thomas Year 1772. Neel, John Retzhough, John Walker, Among the names of the justices James McEntire, Henry Hollman, of the peace appearing in the min- Thomas Espey. Timothy Riggs, Wil- utes of the court for 1772 are John liam Moore, Charles McLean and Walker, John Retzhough, James Mc- Joseph Hardin. The January court Entire, William Moore, Robert Black- was held at Christian Carpenter's burn, Jacob Costner, Timothy Riggs, home, as was also the April session. Henry Hollman, Thomas Neel, Ezek- At the April session "John Walker, iel Polk, Jacob Randall, Thomas Esq .. came into open court and pro- Espey, Joseph Hardin and Jonas Bed- duced a commission from His Ex- ford. Francis Adams, William Moore cellency Josiah Martin, Esq., Gover- and Jacob Costner were recommend- nor, Etc., appointing him Coroner ed to the general assembly, by the f the county of Tryon who took justices, as sheriff, and Francis Adams the oaths required by law." Andrew was selected. (Court Minutes. ) Neel became clerk of the court, suc-
The October session was "held at ceeding Ezekiel Polk. He continued the home of Christian Reinhardt's." to fill this office, as well as office of This is the first mention made in the register for many years. Jacob Cost- court minutes as to the place where ner became sheriff at this session the various courts were held. Prior nd served in that capacity until to this, tradition says, the court July, 1777.
sessions had been held at various Year 1774. places, at the homes of the justices. When the general assembly con- Tradition also says that several of vened in 1774 attention was again the courts were held in the York called to the fact that Tryon coun- District. S. C. At that time the North- ty was still without a court house. South Carolina boundary had not Many disputes had arisen over the been extended westward, and there county boundary lines, and many were doubts as to where the line esidents claimed that taxes were be- should be located. In fact, South ing illegally collected from them for Carolina at that time laid claim to support of Tryon county, and they the entire west territory, and the had reason to believe that they were South Carolina officials protested, residents of Mecklenburg or of South when Tryon was formed, that North Carolina. The following act was pass- Carolina was creating a new county ed by the legislature:
out of South Carolina territory.
"Whereas, the commissioners here- At this same term Andrew Neel tofore by law appointed for erect-
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HISTORICAL AND. GENEALOGICAL RECORD.
ing and building a courthouse, pris- it enacted by the authority aforesaid. on and stocks for the county of Try- that the River Catawba be and is on, by reason of the South boundary hereby declared the boundary line line, have neglected to discharge the between the said counties. (S. R. trust reposed in them within the Vol. 23, p. 964.) time limit; and whereas, the money Year. 1774. collected from the inhabitants of the The minutes of the court begin said county for that purpose remain with the July, 1774, session. The in the hands of the sheriffs and oth- justices named in the minutes are er persons. unappropriated ;
the same as the previous year. ex-
"Be it therefore enacted, by the cept the name of John Robertson is Governor, Council and Assembly and added: and those of Thomas Neel by the authority of the same, that and Henry Hollman do not appear. William Moore, John Walker, Abra- This session of court was held at ham Kucandall, Charles MacLaine, Christian Carpenter's home. Andrew Christian Carpenter, and John Hill Neel presented a commission as maj- or a majority of them be and they or in the Tryon Regiment of militia. are hereby appointed commissioners
"Jonas Bedford is appointed Adju- and invested with the same powers tant in the Regiment of which John and authorities as any of the com- Walker is Colonel". Jacob Costner missioners hereto appointed, and are was re-appointed sheriff, with James hereby declared to have full power Logan as Deputy Sheriff. Andrew and authority to demand, sue for, Neel renewed bond as public register. recover and receive from the said (Court Minutes.)
sheriffs or any other persons all such
The commissioners to select a place sums of money as hath been or shall for the court house finally complet- be collected and received from the ed their task, and decided upon a inhabitants of the said county for spot in the present county of Gas- the purpose aforesaid, any law to ton, about halfway between the pres- the contrary notwithstanding. And if ent towns of Cherryville and Besse- the tax heretofore imposed for erect- mer City, on State Highway No. 274. ing and building a courthouse, prison A large boulder surmounted by a and stocks be found insufficient, it bronze tablet now marks the site. shall and may be lawful for the jus- The report of the commissioners was tices of the said county, and they are made at the July session of court hereby impowered at the time of and follows: laying the tax to lay a tax not ex- "North Carolina ceeding two shillings on each tax- "Tryon County able person within the said county
"We, the committee appointed by of Tryon, which tax shall be collect- the act of Assembly for laying out, ed in the same manner and under the constituting and appointing the place same pains and penalties with res- whereon to erect and build the court pect to the sheriff's as other county house, prison and stocks of Tryon taxes.
county, having maturely considered
. "And whereas, sundry disputes and deliberated on the same. are of have arisen relative to the boundary the opinion that the place called the line between the said county of Try- cross roads on Christian Mauney's on and the county of Mecklenburg, land, between the heads of Long to prevent which for the future, Be Creek. Muddy Creek and Beaver Dam
HIJIUNVAL AND VENDALULILAL ALLUKU.
Cr.ek, in the county afor.said, is must central and convenient for the ton. ruipose aforesaid for the inhabitants
1775, William Moore, William Als-
William Tiyon was sent from
of this county. Therefore, agresable England in October, 1764. to act as to the directions of the said act we deputy-governor with Governor have and by these presents do lay off. Dobbs. Tryon was a dashing soldier constitute and appoint the said place and soon became popular with the as the most proper whereon to erect people of the province. When Meck- and build the said court house, pris- lenburg was divided in 1789 the new on and stocks of the said county. As county was named for him. Governor winess our hands and seals this Dobbs died in April, 1765 and Tryon 26th day of July, A. D., 1774. "Chas. McLean, "William Moore, "John Walker "John Hill, "Christian Carpenter." ton, Edenton and New Bern had (From Court Records.) succeeded to the governorship. Al- most upon his accession Governor Tryon found himself in the midst of a nation-wide excitement over the passage of the Stamp Act. Wilming- their periods of excitement and clash- The October session was held at the home of Christian Mauney on whose land the commissioners had decided to build the court house. The county expenditures were esti- mated at £60-5-4. es with the king's officers over the sale of the stamps, and there were riots and disturbances in various parts of the province. Tryon coun- ty, being far removed from the ports where the stamps were landed for Mutt rings of the Coming Storm. sale, was interested but made no particular demonstration. Governor Tryon found out the temper of the North Carolinians when he asked. John Ashe whether the people would continue their resistance to
Until the adoption of the Consti- tution in 1776 the Colonial assembly consisted of an upper house, known as His Majesty's Council, composed of the governor and a number of men appointed by the king, and the lower house, made up of delegates clected by the people. The history of the various assemblies was one of continued strife between the gov- ernor and the lower house. To the lower house, or house of commons. Tryon county, as well as the other counties of the state. sent its repre- sentatives. The following men repre- sented Tryon from the time of its formation until 1776.
the Stamp Act duty, and received as a reply that "it will be resisted to blood and death." He therefore ad- vised the repeal of the act, and it was done the next year.
In 1768 the movement of the Regulators in Orange county pro- duced some excitement and sympathy in Tryon county. When Governor Tryon called upon the counties of the state in May, 1771, to furnish militia companies for the subjection of the Regulators, a small detach- 1769-70-71-Thomas Neal, William Moore. ment of forty rank and file and eight subaltrans and officers res- 1773 (January) Kobert Black- ponded, but were not present at the burn. disgraceful battle of Alamance on 1773-74, William Moore, Christian May 16th. After the battle the Try- Reinhardt.
on county detachment was ordered
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HISTORICAL AND GENEALOGICAL RECORD.
to home quarters, with instructions this session. Anticipating the break to remain under arms to quell any that must eventually come with disturbance that might arise out of Great Britain they recommended the events of the past few weeks. encouragement of arts and manu- (C. R. Vol. 8. p. 607.) factures in the colony.
Governor Tryon left North Caro- Year 1775. lina in 1771 to take the governor- The January session of the coun- ship of New York, and was succeed- ty court was held at "the court ed by Josiah Martin. Before his house." Justices named in the rec- administration had half expired the ords include William Moore, John first clouds that presaged the storm Walker, Thomas Espey, John Retzh- of the Revolution were gathering. ough, John Roberson, Charles Me- The port of Boston was closed and Lean. Joseph Hardin, Timothy Riggs, in May, 1775, first blood was shed William Gilbert, William Graham at Lexington.
David Jenkins. Jacob Costner was
Previous to this the First Provin- appointed sheriff after he. Joseph cial Congress met at New Bern in Hardin and Charles McLean had been August, 1774, in open defiance of recommended to the legislature for the governor, and only after he had this position. At the October ses- refused to call the assembly togeth- sion the county expense was com- er. He had hoped to prevent the puted as £39.17-6. and a poll tax people from electing and sending dele- of nine pence was levied for gen- gates to the Continental Congress in eral county expense, and a tax of Philadelphia in September. Tryon two shillings levied on each taxable county's representatives in this con- person "for building a court house, vention were David Jenkins and prison and stocks." (Court Minutes) Robert Alexander. This Convention
The Second Provincial Congress registered their protests against tax- made provisions for the organization1 ation, Boston Port bill, acts regulat- of committees of safety in each coun. ing colonies, the practice of sending ty. In July, the following letter was individuals to England for trial; re- sent out: solved to allow neither the use or "Edenton, 10th July, 1775. importation of tea, or the exportation "To the Committee of Tryon Coun- of any produce to Great Britain; al- ty, low no importation of slaves; elected "Gentlemen: .
delegates to Continental Congress and
"In pursuance of the trust which laid the foundation for Committees devolves on me by the much lament- of Safety. This was the first meet- ed death of our late worthy Modera- ing of its nature ever held in the tor. I am to request the favor of you colony without the permission of to Summon the Freeholders of the the royal governor.
county of Tryon to meet at such
Tryon county was not represented Convenient time and place as you in the Second Provincial Congress, may appoint, to choose and Elect which met in New Bern. April 3, proper persons to serve as delegates 1775, as no report had been receiv- in a provincial Convention to be ed from the county's delegates to held at Hillsborough on the Twen- the first congress, hence no meeting tieth Day of August next; and as of the freeholders to elect delegates affairs of the last Importance to this to this congress. Little was done at province will be submitted to their
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