USA > North Carolina > The history of North Carolina from the earliest period, Volume I > Part 19
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his militia, pursuing the Indians over Savannah river, The enemy sought shelter in the province of Florida, where they were hospitably received. During this war, four hundred white inhabitants were slain.
Intelligence of its breaking out did no sooner reach the Core and Matchapungo Indians, than they attempted to avail themselves of the confusion, which the alarm created in the county of Bath, by irruptions on distant plantations, where they slaughtered several individuals. Governor Eden called out a part of the militia and prevailed on some of them to march to cape Fear and Charleston, if needed, to the aid of the white people there. Colonel Maurice Moore headed a troop of horse on this service.
Three small forts were now erected on the Con- garee, Savannah and Apalachicola rivers, to protect the province of Carolina against the excursions of the Yamassees from Florida.
On the 13th of September, governor Eden issued his proclamation for convening the legislative body on the 15th of November. Hitherto, for several ses- sions, it had assembled in the church of the precincts of Chowan. It was now directed to meet on the plantation of John Hecklefield, one of the lords pro- prietors' deputies, on Little river, the stream that divides the counties of Pasquotank and Perquimans.
The acts, that were passed at this session, are the oldest at present on record, that have survived the ravages of time. It is believed a revision of all for- mer acts was had at this period: certain it is that. on the rise of the legislature, there remained no acts in force, except such as were passed or confirmed dur-
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ing the session. They were directed to be printed, but as no printed copy is extant, and manuscript ones may be found in some libraries, it is imagined the or- der of the legislature in this respect was never carried into execution. A specific tax of one bushel of In- dian corn, upon every titheable inhabitant was laid for the support of some forces, which it was judged still necessary to keep on the frontiers for the defence of the back settlers, and to discharge part of the debt due to the government of South Carolina. The ex- treme scarcity of a circulating medium again induc- ed the legislature to resort to the press, and an emis- sion of twenty thousand pounds in bills of credit was ordered. We have seen that eight thousand pounds had been emitted in 1713. A clause in the act, pass- ed for the new emission, induces a belief that several others had preceded, and rendered some palliative necessary. The act denounces any member of a fu- ture legislature, who may move any proposition, in the opinion of the house. derogatory or preju- dicial to the credit of the bills about to be emit- ted, or to any new emission, as an enemy to the lords proprietors and the province. If the man hold a seat in the upper house, he is to be fined in the sum of twenty pounds and his seat is to be vacated till the pleasure of the lords proprietors be known; if he be a member of the lower house. he is to be fined in the same sum and expelled from the house, and de- clared incapable of ever holding a seat therein, A tax was laid for raising annually the sun of two thou- sand pounds, to be applied to the redemption of the bills. An act was passed for establishing the church
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of England and the election of vestrymen; but provi- sion was made, at the same time, for liberty of con- science, and for the substitution of a solemn affirma- tion, in lieu of an oath, in favor of the Quakers. An act was passed for establishing the town of Carteret, on the island of Roanoke. This island, remarkable only as the cradle of the first English colony in the new world, must have had at this time a proportiona- bly greater population, than it now enjoys. However, it seems, in the language of Thomas Jefferson, the legislature, in this instance, said there should be a town, where nature had said there should be none; for no vestige remains of the town, besides its name in the few copies of the acts erecting it, which are ex- tant, Provision was made for pilots at Roanoke and Ocracock inlets, for roads and ferries, weights and measures, the building of mills, the suppression of vice and immorality, and for keeping the 22d of Sep- tem be'r, the anniversary of the late massacre, as a day of fasting, humiliation and prayer; a duty was laid on the tonnage of vessels, to supply ammunition for a public magazine; priority was given to debts contracted in the country; the damage on bills of exchange was regulated ; the rate and placeof delive- ry of staple commodities were fixed; the fees of officers ascertained ; the election for members of the legislature regulated : the rights and duties of mas- ters and servants settled ; a court law was passed ; the common law and some English statutes introduced : indeed. the acts of this session appear to form a com- plete code.
In the latter part of the session, Edward Moseley, the speaker of the assembly, and some of the other
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members, who had supported president Carey during his insurrection, and had since opposed governor Hyde, carried through the house a numberof resolu- tions, censuring the present administration, They voted, "that the impressing of the inhabitants or their property, under pretence of its being for the public service, without authority from the assembly, was un- warrantable, a great infringement of the liberty of the subject, and very much weakened the government, by causing many to leave it: that the late treatment of the Core Indians, contrary to the treaty made with them, and the tenor of an act of assembly relating to Indian affairs, was injurious to the justice of the gov- ernment and likely to involve it in war: that such persons as refuse to take the public bills of credit, in payment for fees or quit rents, or demand or receive any allowance for taking them, very much lessen their credit, and are guilty of a very great breach of the act of assembly."
The house appointed Edward Moseley, Joseph Jessup, Thomas Boyd, William Swann, John Por- ter, Frederick Jones, and D. McFarlane, or any four of them, a committee, with full power and authority to represent the deplorable circumstances of the colony to the lords proprietors, and entreat them to accept the public bills of credit for the purchase of land and the payment of quit rents, as well in that government, as in that of South Carolina.
The upper house reprobated these resolutions, as being clandestinely obtained, not having been com- municated to them, as tending to the infringement of the authority of government, whose undoubted pres
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rogative it was to suppress invasions and insurrections, and provide against unforseen emergencies: as at- tacking the prerogatives of the lords proprietors, and creating in them jealousies of the faithful services of their officers in the province: and, as intended to give ill and disaffected persons an opportunity of clandes- tinely venting their malice, to the lords proprietors, against the present administration, under colour of the authority of the people.
In the summer, the governor issued a proclamation for dissolving the assembly.
It appears that there were, at this time, two thousand taxable inhabitants in the settlement, and that one million of acres of land had been granted by the lords proprietors.
The lords proprietors, disregarding the remon- strance and petition of the assembly, instructed their receiver general, in Carolina, to demand the price of land, and the quit rents, in sterling money.
The province of Virginia having procured from the Indians the cession of a vast tract of land, beyond the Apalachy mountains, governor Spotswood formed the design of raising a company, who should acquire those lands from the crown, and settle a colony there. But the good understanding, that then prevailed be- tween Great Britain and France, prevented the suc- cess of his scheme. It went, however, so far into effect, that three millions of acres were granted by the colony to the west of the Apalachy mountains. The plan of the governor was, about half a century after, improved on, by the establishment of the Ohio company,
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Experience having shown that the punishments, inflicted by the laws in force in the mother country, against persons guilty of robbery and larceny, had not proven effectual to deter the wicked; and many offenders, to whom the royal mercy had been extended, on condition of transporting themselves to America, having neglected to perform the condition of their pardon, but returned to their former practices, came at length to an ignominious death; and there being in many of the American colonies a great want of servants, who, by their labour and industry, might be the means of improving, and making them more useful to the mother country, a statute was passed, (4 Geo. 1. c. 11.) by which persons, convicted of clergyable offences, were directed to be transported for seven years, to the king's plantations and colo- nies in America: persons convicted of mitigatable offences, to whom the king might extend his pardon, and receivers of stolen goods, were transported for . seven years. Transported persons, returning before the expiration of the time, for which they were trans- ported, were to be punished capitally; and, with a view to encourage a more useful class of emigrants. merchants and others were permitted to contract with persons, between the ages of fifteen and twenty-one, willing to be transported, and enter into service, in any of his majesty's colonies and plantations in America, for their services during the period of eight years.
The few individuals of the Tuscarora nation, who had remained with king Blunt, on the migration of the main body of the nation towards the lakes, had land allotted to them on Pamplico river. The smallness of their number, disabling them from resisting the attacks
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of the southern Indians, governor Eden and the council, on the 5th of June, entered into a treaty, by which the land on Pamplico was abandoned by the Indians, and another tract granted to them, on Ro- anoke river, in the present county of Bertie, in con- sideration of which, they relinquished all claims to any other land in the province. The descendants of these Indians, at this day, though removed to the northern lakes, still retain their right to the land, thus granted them, and have, at various times, sent agents to collect the rents accruing thereon, in which they have been assisted by the legislature.
Merchants and masters of ships had, in their trade to America and the West Indies, suffered much from the barbarity and depredations of pirates, On their complaint to the king in council, a proclamation had been issued, promising a pardon to all pirates who should surrender themselves within the space of twelve months: and at the same time a force was ordered to sea, to suppress them. The island of Providence being their common place of resort, captain Wood Rogers sailed with a few ships of war against the island, and took possession of it for the crown of Eng- land. It will be recollected, that this island, with the rest of the Bahamas, had, in 1665, been granted to the lords proprietors of Carolina, who had made efforts to settle a colony in these parts. All the pirates, ex- cept one Vane, with about ninety others, (who made their escape in a sloop) took the benefit of the king's proclamation and surrendered. Rogers, who was constituted governor of the island, formed a council, appointed civil and military officers, built forts, and
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from this time the trade of the West Indies was well protected against those lawless plunderers.
They were not yet, however, extirpated from the southern shores of the continent. About thirty of them took possession of the land at the mouth of cape Fear river, the plantations which had been, about forty years before, begun in this part of the province, having been long since abandoned. They infested the coast of Carolina, and did immense injury to the commerce of Charleston. Governor Johnson of South Carolina, resolving to check this alarming evil, sent out to sea a ship of force, which captured one of their sloops, and brought steed Bennet, the com- mander, and about thirty-nine men, to Charles- ton. The governor soon after embarked in person, and sailed in pursuit of an armed sloop, which, after a desperate engagement, was also taken. Two pirates, who alone survived the action, were instantly tried, condemned and executed. Bennet, and his crew, were also tried, and all, excepting one man, were hanged.
Edward Teach, commonly called Black Beard, a noted freebooter, still made the coast of Carolina the station of a small squadron, which he commanded. His flag was hoisted on board of a forty gun ship, the crew of which consisted of one hundred men. He had with him six other vessels. Bennet, before his capture, and Vane and Wirley, were the officers next in grade to him. The inlets of Ocracock and Top- sail and the river of cape Fear, were the places from which they sallied forth, and to which they retreated for safety. In the month of May, Teach came to
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cruize before the bar of Charleston, with his forty gun ship. Having captured a ship, on board of which Samuel Wragg, a member of the council of the pro- vince of South Carolina, had taken his passage, he robbed that gentleman of six thousand dollars, in specie, and taking him on board of his ship, as a pri- soner, with several other passengers, sent four of his men to Charleston, to demand of governor Johnson, a chest of medicine, threatening to behead Samuel Wragg, and the other passengers, unless the chest was sent. The pirates staid in town some time, walking publicly along Main street, while they waited for the governor's answer. At last, the desire of saving the life of the prisoners induced a compromise, and the pirates were suffered to return on board, unmolested, with the chest.
Soon after, Vaughan, one of Teach's captains, lying off the bar, sent in a like insolent message. The in- dignation of the people was raised, and some ships were fitted out, for the purpose of taking him, but Vaughan, having had intimation of their intention, escaped.
Teach came into North Carolina, where he intend- ed to break up his company, and secure the plunder he had collected, and proceeded to Eden's house, with twenty of his men, where, pleading the king's pardon, they obtained the governor's certificate. A court of admiralty being soon after held at Bath, Teach ob- tained the condemnation of a sloop, as a good prize, although he never had a commission. He now mar- ried a young girl, his thirteenth wife, and having spent some time rioting in Pamplico, he sailed on a cruize,
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and shortly after, returned with a valuable prize, a French ship, laden with sugar and cocoa. Four men swore she had been found at sca, without any person on board: on this evidence, the court of ad- miralty adjudged her, as a lawful prize, to the captors. There were men, unfriendly to governor Eden, and to the judge, Tobias Knight, who said, that the governor had received sixty hogsheads of sugar, as a douceur, and the judge twenty; and in order to elude every means of enquiry into the affair, the ship, on a sugges- tion, that she was leaky and unseaworthy, was con- sumed by fire.
Teach remained in the river, trading with the small vessels that came in, and with the planters, for provi- sions and other things, in exchange for his part of the plunder. They complained of his want of correctness in the application of the rule of meum et tuum. and imagining that the governor did not exert his autho- rity in a manner sufficiently energetic to afford them redress, sent a message to governor Spotswood, to so- licit his influence with the commodore on that station, for a small force, to subdue the pirate. Accordingly two sloops were fitted out, and Robert Maynard, a lieutenant of the royal navy, was ordered to proceed with them to North Carolina. A proclamation was, at the same time issued by governor Spotswood, offer- ing a reward of one hundred pounds for the apprehen- sion of Teach, fifteen pounds for every officer, and ten pounds for every other man, taken out of bis sloops. Lieutenant Maynard left James river on the 17th of November, and four days after passed Ocra- cock bar, and shortly after approached the pirate.
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Although the expedition had been fitted out with great caation and secresy, yet Teach had been apprized of the lieutenant's motions, and had accordingly put himself in a posture of defence. IIis force consisted of twenty-five men. Lieutenant Maynard, on disco- vering Teach's vessel, came to an anchor, the diffi- culty of the channel requiring this precaution. In the morning, he came within gun-shot of her, and received her fire; whereupon he stood directly to- wards the pirate, endeavoring to make a running fight, but run aground. Teach hailed him, with hor- rid imprecations; boasting he neither would take nor receive quarter. A bloody fight immediately ensued, and the lieutenant's men being much exposed, he lost twenty of them, at one broadside; on which he ordered all the others below, bidding them to be ready for close fighting on the first signal. The pirate poured in his granadoes, and seeing no person on deck, or- dered his men to board the enemy. The lieutenant calling his men on deck, fell on the assailants. The two commanders fired first at each other, and instantly drew their dirks, while their men, being as eagerly engaged, the deck was soon covered with gore. Teach fell, exhausted by the loss of blood from a number of wounds: eight, out of fourteen, of the pirates who had boarded the king's vessel were killed, and the other six, totally disabled by their wounds, sued for mercy. The men who had remained on board of Teach's vessel were next attacked, with the same bravery, and surrendered. Their commander, after firing the first broadside, seeing but little hope of an escape, had placed a desperate negro, with a firebrand, at the ma-
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gazine, with orders to apply it the moment the enemy boarded the sloop. He was with difficulty dis- suaded from doing so, although informed of the death of his master.
Lieutenant Maynard caused Teach's head to be se- vered from the body, and hung from the end of his bow- sprit, and then sailed up to the town of Bath, where he landed his men. After they were a little recovered, he returned with the pirate's crew to James river, the head still hanging from the bowsprit. They were tried in the court of admiralty, and thirteen of them were hung.
Edward Teach was born in Bristol, and had served several years during the last war on board of a privateer, fitted out in Jamaica, and had distinguished himself for his intrepidity and boldness. In the year 1706, he joined one Hornsgold, a pirate, with whom he went on a cruize, between the island of Providence and the con- tinent. Having captured a sloop, of which Hornsgold gave him the command, he took with her, soon after, a French Guineaman, bound to Martinico : he put forty guns on board, and called her Queen Anne's Revenge, and went on a cruize, with the sloop as a tender, to South America and the Canary islands, where he heard of the king's proclamation. Having collected much plunder, and being desirous of diminishing the number of those with whom it was to be shared, he ran aground, as if by accident, and abandoning seventeen men on a desert island, where they must have perished, if they had not soon after been taken off' by Steed Bennet, one of his captains : he had come to Carolina.
The adherents to president Carey still continued their opposition to the measures of the administration, and on Christmas day, Maurice Moore and Edward
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Moseley possessed themselves of all the papers in the office of the secretary of the province, in the custody of John Lovick, the deputy secretary, at Sandy point. The governor had them instantly arrested, and called a meeting of the council, who approved of his conduct, and ordered those gentleman to remain committed, till they gave bail to stand their trial. They were after- wards tried, in the general court, and Edward Moseley was convicted, fined one hundred pounds, silenced as an attorney, and declared incapable of holding any place of trust or profit, under the government, during three years, and ordered to give security for his good beha- viour for a year and a day.
Governor Eden laid before the council an account of his proceedings, on the surrender of Teach and his men, of some disorder committed by them in Bath, of the means by which he put a stop to them, of Teach's clearing out for St. Thomas, and returning soon after with a wreck, loaded with sugar and cocoa; and a statement of his conduct towards the pirates, till Teach was killed, and the others carried to Virginia. The council expressed their approbation of the governor's conduct.
During the trial of these men at. Williamsburg, seve- ral witnesses charged Tobias Knight, who exercised the functions of chief justice, in the absence of chief justice Gale, with having been accessray to their piracies. This induced the council to call him before them ; but, on examining into the case, they found no cause of sus- pecting him.
The lords proprietors had rendered themselves most obnoxious to their tenants in Carolina. Joseph Boor had returned to Charleston, without having been able
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to obtain any redress. An association was formed, with a view to unite the whole colony, in an attempt to destroy the proprietors' government. Governor Johnson had put an end to a contest between him and the assemby of his part of the province, by a dissolution of the latter, and, after issuing his proclamation for that purpose, had retired into the country. The house, when the marshal attempted to read the proclamation, ordered it to be torn from his hands. This measure was followed by the immediate rise of the standard of revolt. The assembly called James Moore, (the officer who had headed the succour to North Carolina, about seven years before) to the supreme magistracy, as governor for the king, and appointed him a council, and the new form of government went into operation, without the least confusion or struggle. Governor Johnston, how- ever, having unsuccessfully attempted to thwart these measures, made a last bold effort to recover his au- thority. He was joined by the commander of a small naval force, that was then in the province. The ships of war came, and laid their broadsides towards Charles- ton, and threatened the destruction of it, if the inhabitants persisted in refusing obedience to legal authority : but the people, having arms in their hands, and forts in their possession, bid defiance to the governor, and he relin- quished his attempt to re-establish the proprietors' government.
This year, the town of Pensacola was taken by the French from the Spaniards, who retook it a few months after.
The flame of revolution, which had burst out in South Carolina, did not extend to the north, and on the 19th of February, governor Eden and his council ad-
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dressed the lords proprietors, assuring them of their utter detestation of the proceedings by the people at Charleston, and that nothing in their power should be wanting to promote their interest in the northern part of the pro- vince ; that they were entirely easy and satisfied under their lordships' government, and would always use their utmost endeavours to maintain it.
In the month of August, governor Eden met the le- gislature at the court house of the precinct of Chowan ; it sat but eighteen days; no very important act was passed during this session ; the land and poll taxes were lessened, an evidence of the tranquility of the country. By an act of this session, it appears, a town had some time before been established by law in the precinct of Chowan, which in honor of the governor was called Edenton ; the original act is not extant, and it is im- possible to establish its date.
The agent of the people of South Carolina, during the absence of the king at Hanover, obtained a hear- ing from the lords of the regency and council in Eng- land, who were of opinion, that the lords proprietors had forfeited their charter. In conformity to this decision, he ordered the attorney general to take out a scire facias against it, and in September, Francis Nicholson, who had lately presided over the provinces of Virginia and Maryland, received the king's commission as gover- nor of South Carolina : it does not appear that his au- thority was ever exercised in North Carolina. It is be- lieved, that at this time, the authority of the lords pro- prietors ceased to be acted under in the southern part of the province. In the northern, the acts of the legisla- ture and every other act of government, till the arrival of governor Burrington, with a royal commission, in 1730,
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