USA > North Carolina > The history of North Carolina from the earliest period, Volume I > Part 10
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On the twentieth, they weighed anchor, and proceed- ed downwards about six miles, and came to anchor opposite to a river, which, after one of the adventurers, was named Hilton river; the land on both shores re- sembled much that on Green river. On the twenty-
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third, they sailed up in the long boat, to the distance of nine miles, and found that the latter river joined the one they were in; salling higher up, the stream forked, and they took the branch to the larboard, and sailing up eight miles farther, found themselves in Green river again. They did not proceed higher up than about eight miles, when judging themselves at the distance of fifty-four miles west by north from the ship, they returned. As they were rowing down, four Indians came to them in a canoe, and having sold them a few baskets of acorns, returned to the shore ; one of them, following the boat along the shore for two or three miles, stopped on the sop of a high bank, and as the Englishmen rowed un- der it, shot an arrow, which grazing the shoulder of one of them, stuck in the upper edge of the boat, but was broke to pieces, the head remaining fast. They imme- diately rowed to the shore, and leaving four men to keep the boat, the rest ran up the bank, in quest of the Indian. They were some time without hearing or seeing any body, at last, they heard several voices singing at a distance in the woods, which they took for a challenge. As they were advancing, they were called back to their boat, by the report of two muskets. The men, under whose care it was left, had fired on an Indian, whom they had seen creeping along the bank, with apparently hostile intentions. They had, however, missed him, and he had sought his safety in flight. While an ac- count was giving of this circumstance, two Indians ap- proached, hollowing bonny, bonny; they had bows and arrows, which they willingly exchanged for a few beads. The head of the arrow, which still remained fast in the boat, was pointed out to them; they manifested great concern, and disowned any knowledge of the accident ;
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they soon after went away, and the English marked a tree on the top of the bank, and named the place Mount Strong. The banks of the river were of clay, and in some part of marl, and the land was not inferior to that on the other river. They judged the one they were in came from higher up in the country, from the greater rapidity of the current, and the quantity of drift wood carried down the stream. On their way to the ship, they saw several spots of ground cleared by the Indians, and planted with corn; the trees stood up, being only barked around in the lower extremity, so as to kill them. The corn stalks, notwithstanding the fields were much shadowed by the timber, were very tall. Proceeding still downwards, they reached another Indian plantation, on which they landed, and were hospitably received ; after purchasing acorns and corn, they went on, and having proceeded about six miles, they perceived an Indian, peeping over a high bank ; they presented a musket at him, calling out skerry ; whereupon, a num- ber of Indians made their appearance, crying out bonny, bonny, and making signs of friendship ; they ran down- wards along the shore, before the boat, endeavoring to persuade the white people to land; these, however, kept their guns presented, crying out skerry : The na- tives, perceiving their attempts to induce the whites to approach the shore unavailing, two of them got into a large canoe and advanced towards the boat, one of them paddling with a large cane, and the other with his hands ; they with difficulty reached the boat, and laid hold of her fenders and clewing, and at last succeeded in persuad- ing the persons on board to come ashore. The adven- turers were met, on their landing, by a party of near forty lusty Indians, who came running on, crying bonny.
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The head of the arrow was pointed out to them, on the side of the boat; one of them made a long speech, and threw beads into her, in token of friendship, and gave the white people to understand, that when he heard of the insult they had received, he had felt great griet, and shed tears, and had come with his people to make peace with them ; that if they could discover the offender, they would tie his hands and cut off his head ; and as a testimonial of their love and good will to the adventurers, two tall and handsome young Indian women were pre- sented to them : they appeared to be the chief's daugh- ters, or persons of high rank in the nation, manifested no reluctance at their being thus tendered as a peace of- fering, and very willingly entered the boat. Valuable as this gift was, the time at which, and the number of per- sons to whom, it was made, imperiously required the re- turn of it to the donors; one of them with difficulty consented to leave the boat ; at last, they were both dis- missed, with a small present of beads. A few hatchets were presented to the chief, and such of the Indians whose appearances pointed them out as standing next in rank ; and they departed, after promising to come down and visit the whites, on board of their ship.
The adventurers named this spot Mount Bonny, in token of the peace thus concluded, and reached the ship on the twenty-sixth.
On the next day, they weighed anchor and came down to an island (Cram island,) within twelve miles from the sea, and on the first day of December, the Indians · came on board, according to promise; they were in great number ; and at this meeting, Wat Coosa, their king, and his chieftains, sold to the adventurers the river and land of Cape Fear.
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They went to view the land about the cape; it ap- peared quite sandy and barren, some low and shrubby trees scattered in many places, grass and rushes growing in others, but the most covered with clear sand. There were some cattle, left by the people from New England, in the care of the Indians, to be fattened : the spot ap- peared much fitter to starve them. Yet the Indians, dwelling around the cape, did not allow these animals to go higher up to better pasture grounds, lest the reward they received from the owners of the cattle, should be shared by other Indians. On a high post, on the sea shore, was nailed a writing, describing the land on the river as miserably poor : it had been placed there by the people from New England : another, more correctly descriptive, was substituted.
The colony from Massachusetts was settled on Charles river, that is, the stream now called Oldtown Creek. They had settled in 1660, and deserted their habitations in 1663.
The Indians brought several times, to the ship, good and fat beef, and some swine, with very good salt, which they said was obtained in the country.
The ship sailed for Barbadoes on the fourth of De- cember, and on the sixth of February anchored in Carlisle bav.
Pleased with the accounts which they received, the persons at whose charge the ship had been sent, deter- mined to remove to Cape Fear, and according to the proposals of the lords proprietors, the names of thirteen persons were forwarded them, out of which they were requested to choose a governor and council.
In the fall, governor Burkely, at the request of the lords proprietors, visited the county of Albemarle, and N. CARO. 18
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appointed George Drummond, a man of prudence and fidelity, governor of it. He sent commissions to other gentlemen, to fill the offices of assistants or counsellors, judges and justices of the peace, and departed, after having taken measures for the proper administration of a provisional government.
This year was granted by the king, the charter of the province of Rhode Island and the Providence Planta- tions. It differed but little from that of the province of Connecticut, and like it, was thought, after the declara- tion of independence, so completely to define and protect the rights of the people, as to render it useless to frame a constitution.
On the twelfth of March, 1664, the duke of York ob- tained from his brother a patent for various and exten- sive tracts of land, covering the country now known as the states of New York, New Jersey, Pennsylvania and Delaware; and on the twelfth of June, he conveyed to John Berkelv, baron of Stratton, and Sir George Carte- ret, of Saltrenn, in Dover, two of the proprietors of the province of Carolina, a portion of this vast territory, which was erected into a province, by the name of New- Jersey, in honor of Sir George, whose family came from the island of Jersey. Three inhabitants of Long Island removed this year into the new province, to the spot, on which the first town of New Jersey was built, and in compliment to Sir George's lady, it was called Elizabethtown.
In the summer, commodore Nichols, with four fri- gates and three hundred soldiers, sailed from England for the reduction of New Netherlands. On their anchor- ing before the fort, Stuyvesant, the Dutch governor, sent a letter on board, to require some notice of Nichols'
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intention, and was answered by a summons to surren- der. He at first determined on a defence, but soon after, considering his unequal force, offered to treat. On the twenty-seventh of August, a capitulation was signed; by which the fort and town of New Amsterdam were sur- rendered to the English. The town now, in honor to the Duke of York, changed its name to that of New- York. On the twenty-fourth of September, Fort Orange capitulated also, and the town near it was called Albany, the Scotch title of the duke. On the first of October, the Dutch settlements on the Delaware were taken possession of by the English. Thus were the Dutch driven away from New Netherlands, which they had occupied for about half of a century, and the south- ern English provinces of Maryland and Virginia, now connected, by an uninterrupted chain of English posses- sions, to the northernmost part of the English empire in America.
Chalmers -- Lawson-Archdale.
CHAPTER VIII.
The English in 1664 took the island of St. Lucia, from the French. They were assisted by six hundred Charibee Indians, in seventeen canoes. Two years after, the colony, reduced by epidemical diseases, to righty- nine individuals, burnt their fort, and abandoned the island.
In the next year, surmising some lands beyond the southern boundary of their province, to be of considera- ble importance, they solicited from the king, a second charter, which might include them. It was obtained without difficulty. The date of it, is the 13th of June, 1665.
This instrument grants to them, their heirs and as- signs, the province of Carolina, within the king's do- minions, in America, extending north-eastward, as far as the north end of the Currituck river or inlet, on a straight westerly line, to Wvonoak creek, which lies within, or about, thirty-six degrees and thirty minutes, north latitude, and so west, in a direct line to the South sea; and south and westward, as far as the 29th degree inclusive, and so westward, in a direct line to the South sea.
It invests them with the power of building churches, chapels and oratories, to be dedicated and consecrated,
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according to the ecclesiastical law of England, and gives them the right of advowson and patronage.
It creates the grantees, their heirs and assign,, lords proprietors of the province, to be hoiden in free and common socage, as of the king's manor of Green- wich in Kent, reserving to the crown one fourth part of the gold and silver ore, that may be found within the province, and authorizes them to erect and establish counties, buronies and colonies, cities, towns and ma- nors; to enact constitutions and laws, with the consent of the freemen; imposing penalties, inflicting punish- ' ments extending even to the deprivation of any mem- ber or - life, to grant pardons and reprieves, establish courts of justice, and appoint officers of them. The lawa, however, are required to be consonant to reason, and, as much as may be, conformable to those of England.
A temporary power is given to the lords proprietors, to make ordinances, for the preservation of the peace, until the legislative body may be convened.
The king grants license, to any of his subjects, to re- move to Carolina, declares such as do, and their chil- dren born there, British subjects, allowing them free. dom of commerce with England, Ireland, and Scotland, and to export their commodities there and even to for- eign ports, paying the accustomed duties; to import into any of the king's dominions, silks, wines, raisins, capers, wax, oil and olives, during the term of seven years, and to export farming utensils free from any duty.
Power is given to the grantees of erecting ports, and levying duties and customs; to confer titles of honor ; but it is provided, that such titles shall be differ-
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ent from those used in England; the right of erecting fortifications, of levying troops, of mustering and train- ing the inhabitants to arms, to make war by sea and land, and exercise martial law in cases of necessity, is also granted to them.
The province is declared a distinct goverment, me. diately dependent on the crown. The inhabitants are released from any obligation of conformity to the church of England, or taking any test oath, and a free toleration, in religious matters, is granted.
The lords proprietors now made constant, although not very successful, efforts to induce individuals of all ranks, to migrate to their province. For this purpose, they appointed agents in Ireland, Scotland, and the colo- nies in the West Indies, on the continent, and in the island of Bermudas. A number of people left that · island, and settled on Pasquotank river, where they ap- plied themselves chiefly to ship building. The few planters, who had settled on the shore of Chowan river, were now joined by emigrants from New England.
The lords proprietors made choice of John Yeamans, among the persons proposed by the planters of Barba- does, who intended to remove to the county of Ciaren- den, and appointed him governor of it. This gentle- man, being then in England, was knighted on the occa- sion, and the king made the colony a present of twelve pieces of ordnance, and some warlike stores.
In the latter part of the year, Sir John Yeamans led from Barbadoes a body of emigrants, and began a set- tlement on the southern shore of Cape Fear river: he laid out a town, which, in honor of the king, he called Charleston. The spot, which was thus dignified, is not at this day to be determined. Lawson, in his map of
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1
Carolina, has preserved the name of Charleston, and it is imagined, from the place it occupies on this map, chat the town stood not far from. if not upon, a stream, now in the county of Brunswick, called Oldtown creek; perhaps at the confluence of it and the river,
Governor Yeamans was more successful than the peo- ple of New England, who had preceded him thither, in cultivating the good will of the Indians, from whom his colonists derived considerable assistance in clearing and planting the land. The vessels, that had brought the adventurers, were, in a short time, loaded with lumber, and soon returned to fetch new adventurers, and a far- ther supply of provisions; thus an advantageous com- merce was established, between the county of Clarendon and the island, which had spared it its first inhabitants. The favorable reports, which the islanders received from their friends on the continent, induced new adventurers to follow the first. The merchants, induced by the profits which the first expedition had given, made fre- quent shipments, and the success of the lords proprie- tors' agents, in that island, in procuring colonists, was so great, that the legislature of Barbadoes interposed its authority, and forbade, under severe penalties, the spir- iting people off the island.
The emigrants from Barbadoes had purchased from the Indians, a tract of land thirty-two miles square, for which they now solicited a grant from the lords proprie- tors, with a charter of incorporation. Although this was refused, 'they obtained liberal grants of land, and every other reasonable indulgence. A county was then established, which was called Clarendon.
The lon's proprietors, desirous of obtaining a more accurate knowledge of their province, fitted out a ship
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and sent William Sayle, to explore the coast of Caro. . line On his way, Sayle was driven, in a storm, on S. Salvador, one of the Baham islands, and the one-on which Christopher Columbus first Landed in America. He staid some time on this island, to refit his ship. and visited the neighboring one; and next proceeded to Carolina, and surveyed the coast, entering the rivers and making astronomical observations, in various points.
On his return, the lords proprietors were, from his account, induced to solicit a grant of the Bahama islands, and the king gave them a patent, for all those islands between the twenty-second and twenty-fourth degrees of north latitude.
The year 1667, is remarkable for the pacification of Breda. By the treaty of peace with the Dutch, New Netherlands was confirmed to the English, and Surinam, which had lately been taken from the Dutch, was ceded to them in return, the English planters in Surinam, principally removing to Jamaica, Their number at the time of this evacuation, amouted to about fifteen hun- dred, besides their families.
Legislative countenance was this year, for the first time, given to the transportation of malefactors to America. By the 18 Charles II. c. 3, power was given to judges of assizes, commissioners of oyer and termi- ner and general jail delivery, to order persons convict- ed of theft and rapine, on the northern borders of Eng- land, to be transported into any of the king's dominions, in America.
In October, governor Drummond was succeeded by Samuel Stephens, who was authorized to grant land, with the concurrence of the council, returning to the lords proprietors one half of the gold and silver ore. A constitution was given, at the same time, to the
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colony of Albemarle. The governor was to act with the advice of a council of twelve, the one half of whom he was authorised to appoint, the other half was to be cho- sen by the assembly. The assembly was composed of the governor, the council, and twelve delegates, chosen by the freeholders. Governor Stephens' commission bears date in October, 1667.
The first legislature met in this year, or early in the next; Chalmers say,, in 1639; but their meeting is mentioned in an authentic instrument of the lords pro- prietors of the first of May, 1668. The laws enacted exhibit strong evidence of the temper, manners and opinions of the colonists. To induce migration, an asylum was offered to dishonest debtors; and suits, for any debt created out of the country, were prohibited for five years ; the acceptance of any power of attorney, to de- mand the payment of them, was forbidden; and with a view to promote population by some more natural means, it was provided, that " as people might wish to marry, and there being no minister in the settlement, that none might be hindered from so necessary a work, for the pre- servation of mankind, any man and woman, carrying before the governor, or any member of the council, a few of their neighbors, and declaring their mutual consent, were to be declared man and wife." A limited exemp. tion from taxes was granted to new settlers; and dealers from abroad were prohibited from coming into the country, or among the neighboring tribes, to traffic with the Indians. With a view to retain adventurers, the right to a certain quantity of land, which was acquired by migration, was declared not to be the subject of con- veyance, till the transferce had remained two years in the country. A tax of thirty pounds of tobacco, on evere N. CARO. 19
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law suit, was laid, as a provision for the payment of the expenses of the governor and council, during the session of the legislature.
These laws were transmitted for, and received the ap- probation of the lords proprietors ; for it seems they had reserved to themselves a veto, on the laws of the province; they remained in force upwards of one half of a cen- tury, and were confirmed in the year 1715, and are the six first chapters among the acts of the session of that year.
The assembly transmitted a petition to the lords pro- prietors, in order to obtain, that the inhabitants of the county of Albemarle might hold their lands, upon the same tenure as the inhabitants of Virginia held theirs ; and on the Ist of May, 1668, their lordships, by an in- strument, called the great deed of grant, directed gover- nor Stephens to grant land to such persons as should come into the colony of Albemarle, to plant and inhabit it, to be holden of their lordships, on the same terms and conditions as lands were, at the time, especially granted in Virginia.
The county was at this period in a very thriving con- dition ; a considerable quantity of tobacco was raised ; provisions were very abundant ; many of the inhabitants were engaged in ship building; vessels from the West Indies came to procure lumber ; and a number of tra- ders from New England, visiting the settlement during the winter, ministered to the wants of the people, and carried away whatever they had to spare.
The negotiations for peace, between England and France, which began in 1667, were not concluded till the following year. France yielded to England, all her rights in the island of St. Christopher, together with the
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islands of Antigua and Montserrat, and England yielded up Acadia to France, generally, without any specifica. tion of limits, and particularly, Pentagoet, St. John, Port Royal, La Haive and cape Sable, lying within it.
Before this, no mention is made, in any treaty be- tween England and Spain, of America. Spain being contented to keep up her ancient claim to that country, and England, careful to keep and improve the footing she had already gained on it, a general treaty of com- merce was concluded between England and Spain, relating to the interests of both kingdoms, in Europe and America.
It was stipulated, that Spanish and British vessels, in their respective states, should not be visited by the judges of contraband, nor by any other person whatever. No officer or soldier be put on board till the captain shall have entered his goods, and declared his inten- tion to land. This article was stated as a stipulation, free- ing British vessels from the visits of guard a castes. It is evident, it relates only to places, where they might lawfully trade.
Lord Willoughby, governor of Barbadoes, sent forces to St. Vincent and Dominica, and subduing the Carib- bea Indians, added these two islands to the dominion of England.
On the 2d of May, 1669, the king granted to prince Rupert, and several lords, knights and merchants asso- ciated with him, a charter, incorporating them as " the governor and company of adventurers trading from England to Hudson's bay," and ceding to them the whole trade of the waters within the entrance of Hud- son's straits and the adjacent territories.
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The lords proprietors, unsatisfied with any system that had been hitherto imagined, for the government of their province, made application to the celebrated John Locke, for the form of a constitution. suited to the situation and temper of the colonists, and yet "agree- able to the monarchy of which Carolina was a part, and which might avoid making too numerous a democracy." Tuis philosopher, endeavoring to carry the intentions of his employers into effect, compiled, and soon after presented for their approbation, a body of fundamental constitutions, which were finally adopted, in the month of July, 1669.
This instrument provides for the election of a pala- tine from among the lords proprietors, who, presided by this officer, were to constitute a palatine court, en- trusted with the exercise of the powers granted to them by this charter. A body of hereditary nobility was to be created, consisting of landgraves and caciques: the former were to be proprietors of at least four baronies, or tracts of land of twelve thousand acres each; the latter of two signories, or tracts of half that quantity of land. Two fifths of the province, laid off into baronies and signories, were to be the portion of the nobility, one third of whom were to be landgraves. The estates of the nobility were to descend, and remain inseparable . from the dignity for ever.
The provincial legislative body, dignified with the appellation of parliament, was to be composed of such lords proprietors as might be in the province, and the deputies or proxies of the others, of the landgraves and caciques and of the representatives of the freeholders, chosen in separate districts. These persons were to sit and deliberate together, in the same appartment,
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