USA > North Carolina > The history of North Carolina from the earliest period, Volume II > Part 11
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27
On his return from the council chamber, he issued his proclamation for the dissolution of the legislative body.
The reduction of Canada having enabled Sir Jeffry Amherst to send back the Highlanders to the relief of
149
THE SIXTH.
1961]
the southern provinces, colonel James Grant, who had succeeded colonel Montgomery in the command of his corps, had arrived with it in Charleston, early in the year. The legislature of South Carolina, had determin- ed to exert the strength of the province to the utmost, be- lieving that, in conjunction with the regular troops, and aided by the neighboring provinces, so severe a blow might be struck, as would deter the Cherokees from any further attemptto molest the white people on the frontiers. Several parties of the Chickasaws were engaged as aux- ilaries; and, although messengers were sent among the Creeks to induce them to co-operate with the British, no aid could be procured from that quarter, the warri- ors playing an artful game, and exciting, alternately, the hopes of the inhabitants of South Carolina, and those of the French, on the Mobile and Mississippi.
Early in the spring, colonel Grant had begun his march towards the Cherokees : his force in regulars, provin- cials and Indians, was about two thousand six hundred men.
He reached Fort Prince George, on the 27th of May. A fortnight after he began his march, a party of ninety Indians and thirty woodsmen, painted like savages, ad- vanced in front to scour the woods. One hundred and fifty light infantry and fifty rangers, preceded the main body. The army had provisions for one month. Forced marches were made during the three first days, with a view to meet the open country. On the fourth day, on the occasional appearance of Indians on different sides, orders were given, for the first time, to load and prepare for action, and the guards were directed to march slowly on, and to double their vigilance and circumspec- tion. The more frequent meetings of Indians, an-
150
CHAPTER [1761
nounced the approach of a decisive moment, as the army reached the spot on which colonel Montgomery had been attacked, the preceding year. The Indians in the van, about eight in the morning, spied a large body of Cherokees, posted on a hill, on the right flank of the army : they hardly had time to give the alarm, when the enemy rushed down and fired on the advanced guard ; but, the main body rapidly advancing to their support, the Cherokees retreated to the hill. The army had to march for a considerable distance, between the hill and a river, from the opposite side of which, another party of the enemy kept up a brisk fire: sending a detachment to divide the party on the hill, colonel Grant made his army face about, and fire across the river : the engagement soon became general, and the Indinns over the stream, keeping their ground and pouring in a heavy fire, the party on the hill, who retreated into the woods on the approach of the detachment sent to dislodge them, soon returned with increased numbers ; and colonel Grant's troops, exhausted by fatigue, soon found themselves surrounded by the foe, galling them with a scattered fire. The Indians, when pressed, kept aloof, and rallying elsewhere, returned to the charge, always in a different direction. The battle continued in this desultory mode of warfare for two hours, when the van of the army was attacked by a fresh body of Indians, boldly en- deavoring to seize on the provisions. Colonel Grant, at this distressful moment, was obliged to detach a part of his men to this vulnerable point. The apparent oppor- tunity, which this division of the forces gave to the Che- rokees, of reducing the main body, redoubled their fury: they made the woods resound with their yells and screams; but, the troops keeping close and continuing
151
THE SIXTH.
1761]
their steady fire, the savages, towards eleven, gave way: they were pursued for some time; but towards two o'clock not an Indian was to be seen. Colonel Grant had sixty of his men killed or wounded : he could not ascertain the loss of the enemy. After sinking the bo- dies of the dead in the river, to prevent their being dug up and scalped, and destroying several bags of flour to procure horses for the wounded, the army proceeded to Etchoe, a large Indian town, which they reached about midnight. On the following day, they reduced it to ashes; and, proceeding into the middle settlements, fourteen other towns shared the same fate. Their pro- visions were destroyed, and corn fields laid waste; and after remaining thirty days in the neighborhood, spread- ing desolation and fire, the troops marched back to Fort Prince George, leaving the Indians to seek shelter and food on the barren mountains.
Soon after the troops returned to the fort, a number of Cherokee chiefs came and sued for peace. Colonel Grant, willing they should believe it was not to be ob- tained on any terms, insisted on, as one of the stipula- tions of the treaty, that four Cherokee Indians should be delivered up at Fort George, to be put to death in front of his camp, or that four green scalps should be brought to him within twelve nights. The chiefs de- clared their inability to assent to this stipulation, not be- ing authorized by their nation, to accept peace on such terms as these; and the colonel sent them to Charleston, to see, whether lieutenant governor Bull would mitigate the rigor of it : a safeguard was given them. The chiefs met that officer at Ashley ferry, where he came to meet them, accompanied by the council of the province, and in a short time, a treaty of peace was concluded.
10
152
CHAPTER [1761
In the month of December, the lords commissioners of trade and plantations laid the court laws, passed in May, 1760, before the king and council, for the royal disallowance and repeal : they severely animadverted on governor Dobbs' conduct, in suffering these laws to have immediate operation, before the king's pleasure was known, thereby setting aside one of the fundamen- tal privileges of the constitution of the British colonies : they stated, that the governor alleged in his justification, that he had given his assent to the laws upon the advice of the chief justice and the attorney general, and had pro- cured a clause to be inserted in one of them, that, if the king did not confirm it within a certain time, it should, thenceforth, be null and void. The lords observed, that the measure itself, independent of the mode, was, in their opinion, so far from alleviating the governor's improper conduct, that it was a heavy aggravation of it. In cases of this nature, they added, it was the duty of every go- vernor to act upon his own judgment, and if it were ad- mitted that he could be absolved by the opinion of others from the obligations of obedience, to the instructions of the crown, by which the negative voice in the passing of laws, was regulated and restrained, the interest of the crown and mother country would depend solely, for security, upon the uncertain wills, interest and opinions, of any person the governor might think proper tu consult.
The clause mentioned by the governor, to have been inserted at his instance, in one of the laws, was consider- ed as so far from answering the intention of the suspend- ing clause, that it was deemed, in construction and ef- fect, the very reverse. .
.
153
THE SIXTH.
1762]
The representation of the lords commissioners con- cluded by suggesting, that, if the governors of the colo- nies were suffered to go on in such repeated acts of dis- obedience to the king's instructions, upon points, so es- sential to the constitution, the dependence of the colo- nies upon the authority of the crown and the just gov- ernment of the mother country, already too much re- laxed, would stand on a very precarious footing.
The laws were repealed by the king in council, and the lords commissioners of trade and plantations were directed to signify, to governor Dobbs, the king's high displeasure at his conduct, and to request him, for the future, to adhere more strictly to the king's instruc- tions, relative to the passage of laws.
A stage, at this time, began to ply between Ports- mouth and Charlestown. (Mass.) which is supposed to have been the first established in the British provinces.
Early in 1762, governor Dobbs received a circular letter from lord Egremont, acquainting him, that the king, having nothing so much at heart as to secure and improve the great and important advantages gained since the commencement of the war in North America, and having seen his good disposition, to restore the public tranquility, entirely frustrated by the insincerity and chicane of the court of Versailles, in a late negociation, and as nothing could so effectually contribute to the great and essential object of reducing the enemy to the necessity of accepting a peace, on terms of glory and ad- vantage to the king's crown and beneficial, in particular, to his subjects in America, as the king being enabled to employ, as early as possible, such part of the re- gular troops in North America, as might be equal to a
N. CARO. II. 20
1
154
CHAPTER.
[1768
great and important enterprise, he was directed to signi- fy to him the king's pleasure, that the better to provide for the full and entire security of the American provin- ces, and particularly of the territories lately conquered, during the absence of part of the regular forces, he would use his utmost endeavors and influence with the council and assembly, to induce them to raise, with all possible despatch, as large a body of men as the popu- lation of the province might allow; as far as should be found convenient, to form them into regiments and direct them to hold themselves in readiness, as much ear- lier than in former years as might be, to march to such places in North America, as the commander in chief, or such officer as might be appointed to the com- mand of the king's forces there, would direct; and the ยท better to facilitate this important service, the king was pleased to leave it to him, to issue commissions to such gentlemen, in North Carolina, as he might judge, from their weight and credit with the people and their zeal for the public service, to be best disposed and enabled to quicken and effectuate the speedy levying of the greatest number of men.
The men, to be thus raised, were to be supplied by the crown with arms, ammunition and tents, and provis- ions were to be issued by the commissary of the troops, in the same proportion and manner, as to the rest of the king's forces. All that was required from the pro- vince was to levy, clothe and pay the men; and, in or- der that no encouragement might be wanting to the fullest exertion of their strength, lord Egremont men- tioned, that the king had permitted him to acquaint the governor, that strong recommendation would be made
155
THE SIXTH.
17621
at the next session of parliament, to grant a compensa- tion proportionate to the active vigor and strenuous ef- forts of the respective provinces.
The governor was directed to collect and put into the best condition, all the arms, issued during the last cam- paign, which could, by any means, be rendered ser- viceable.
Similar orders were given to the governors of Penn- sylvania, Maryland, Virginia and South Carolina.
Sir Jeffry Amherst, having been directed to complete the regular corps serving in America, by recruits to be raised by the several provinces, made application to go- vernor Dobbs for the quota to be furnished by North Carolina, which, agreeably to the proportions of the other provinces, was fixed at one hundred and thirty- four. Sir Jeffry added, with a view to render the ser- vice effectual, it would be required, that each province should provide for replacing such of their men as would desert, a circumstance which, when known, would pre- vent any of them from leaving their corps, since they could expect no protection at home.
Governor Dobbs lost no time in summoning the legislative body. It held its first session at Wil- mington, on the 13th of April. After announcing the late nuptials of the sovereign, the success of the British arms in the West Indies and the capture of the island of Martinico, and laying before them, the despatches, which had induced him to issue his proclamation for an early session, he recommended to the lower house, as they should answer it to their constituents and posterity, to testify their zeal, with unanimity and despatch, by raising as large a quota of troops as the province could bear, and as-
156
CHAPTER
[1762
sist the king to terminate with honor, a war under- taken at great expense, to defend, and procure a lasting peace and future safety to, his American provinces.
He expressed his hope, that the supply might be levied without a heavy tax, or issuing notes to de- preciate the currency, and advised that a loan might be raised by subscription, and that the people might not be more burdened than by a small tax, sufficient. to discharge such reasonable interest, as might in- sure the loan, till the money, arising from the late or future parliamentary grant, might discharge it.
He recommended a strict investigation of all public accounts, a revision of the inspection laws and the allowance of premiums on valuable objects of imports; and as the distresses of the time had re- tarded the establishment of public schools, he pro- posed, that the vestry in each parish might be au- thorized to raise a limited sum, sufficient to pay a parish clerk and register, qualified to act as a schoolmaster and reader, where clergymen could not be had. to prevent the increase of sectaries, idleness and profaneness.
The lower house replied, that they should ever look, upon the interest of their constituents, as the object of their unwearied attention, and would always have the most tender regard for the welfare of their posterity ; but they were obliged to acquaint him, that they thought the raising of troops, further than for the defence of the sea coast, a measure in nowise calculated to pleese the one, or benefit the other : for, although they had the greatest veneration for the best of kings, and trusted the province
157
THE SIXTH.
1762]
had already given the most convincing proofs of attach- ment, to the honor and dignity of the crown, during the prosecution of the war; yet, they were sorry to observe, they could not, without reducing the people to the ut- most distress, add to the accumulated and intolerable load of tax they groaned under: they added, that the statement of this circumstance, singly and of itself, would justify them in declining a compliance with his requisition; but, with concern, they were obliged to say, that, if they might form a judgment from the past, they had but little encouragement to hope, that any supply they might grant would much contri- bute to the service of the king, or the advantage of the province.
For these reasons, they flattered themselves with the hope of his concurrence in the belief, that to raise troops under the actual debility of the province, would have fatal effects, and drive the people, already impatient of their sufferings, to the brink of despair, and hoped he would have so good an opinion of them, as to attribute their refusal, to these and no other motives.
They said they had been sensible of the necessity, at all times, to take care that the public accounts should be critically examined, and assured him nothing in their power would be wanting, that might tend to give the utmost satisfaction on that head; and that nothing could add to the sense they had, of the necessity of sup- porting schools, and giving every possible encourage- ment to trade.
. Soon after receiving this address, the governor issued his proclamation, for proroguing the legislature to the following day.
158
CHAPTER
E1762
His speech, at this meeting, was directed to the lower house only, the upper house having, in their address, promised to concur with the other branch of the legis- lature, in a bill for carrying the intentions of the king into effect.
He observed, that the house had gone too far in the expressions of their sentiments, to allow him to hope, that they might retract them easily, at the same meeting; and he had prorogued them, with the view of affording them a better opportunity of re-considering them in a second.
He laid before them two authentic gazettes, from Virginia, by which it appeared, that the legislature of that province had complied with the requisitions of lord Egrement and Sir Jeffry Amherst, with unanim- ity, alacrity and despatch. He added, that, as he found all the other provinces willingly submitted to the king's demand, it grieved him, and it would every loyal breast in the province, that they alone should prove refractorv.
He hoped, that when they would seriously consider the situation of affairs, in Europe and America, and that a powerful enemy, the king of Spain, was raised against Great Britain, who endeavored not only to prevent the king's further acquisitions, from a deceitful and per- fidious enemy, but also to deprive him of all the conquests he had made, and of the laurels and tro- phies, gained by his armies, with an expense of eighty millions, they would think, that their obstinacy would lessen them in the eyes of all the king's subjects, and they would forfeit the honor they had already obtained, in hitherto assisting their sovereign, to the utmost of their abilities.
- -
radar story
159
THE SIXTH.
1762]
He concluded, by conjuring them to preserve the good opinion and esteem, the king had for them, and, forthwith, to repair to their house, and reconsidering the letters and papers laid before them, come to an imme- diate resolution, whether they would comply with the king's request, so that they might proceed to other bu- siness with despatch, or, in case they refused, that he might dismiss them to their private affairs, which, in that case, they would seem to have more at heart, than the public service.
The house resolved itself into a committee of the whole, and, after sitting a considerable time, the com- mittee reported, and the house voted, that, the province being already burdened with a heavy debt, incurred by several grants for the king's service, during the war, and the inhabitants impoverished thereby, it was impossible to comply with the demands on them, communicated in the governor's speech.
The committee, appointed to correspond with the agent of the province, communicated letters from that gentleman, announcing the repeal of several Jate laws of the general assembly : among others, the court laws and those for improving the navigation of the province. This information excited considerable uneasiness ; and governor Dobbs improved the opportunity, which he thought this dissatisfaction would create, to impress on the house, with some success, the necessity of avoiding to excite the resentment of the crown, by persisting in the determination of refusing the required aid. He ac- cordingly, issued a proclamation for proroguing the as- sembly to the next day. He again addressed the lower house only, telling them he had once more, by a short prorogation, afforded them the opportunity of re-con-
160
CHAPTER
E1762
sidering, in a third meeting, the king's demand of an aid of men, since the house might be sensible, from the late communication from the agent in London, that the king could and would confer, or withhold favors from them, as they refused or complied with his requests.
The honse expressed their sorrow at the the trouble the governor had twice taken, of giving them the oppor- tunity of re-considering the requisitions he had made, when he first met them. They begged his leave to as- sure him, that what he had then said, had been most maturely considered, and the consequent determination taken, after great deliberation; and they were to ac- quaint him, that the motives, which induced that de- termination, still prevailed with them, to adhere to it.
They declared themselves sensible, that the king could, and no doubt would, confer favors on those who, to the utmost of their ability, supported his government; and they entertained no doubt, that he would hear of the many and large grants made by the province, particu- larly, of the last twenty thousand pounds, and of the im- poverished state of the inhabitants of the province, and would think that they, in some measure, merited his favor.
The governor was authorized, by a resolve of the two houses, to raise twenty-five men, including officers, for each of the forts at Ocracock and Cape Fear, and to draw warrants on the treasurer for the expenses attend- ing their service, payable out of the fund appropriated to founding schools, and to be replaced by a tax to be laid for that purpose.
The upper house manifested a disposition to show their displeasure against the lower house. Contrary to their accustomed practice, they appointed committees
161
THE SIXTH.
1762]
of claims and accounts, of their own house, instead of appointing gentlemen, out of their body to form these committees with those appointed by the lower house. The lower house complained of this innovation, and, were informed by message, that the upper house looked upon it as their. undoubted and constitutional right, to pass upon public accounts and claims, and to appoint committees on their behalf; it was observed, that although it had been customary, and found convenient, for the ease and despatch of public business, for their commit- tees to sit at the same time and place, and with the com- mittees of the lower house, it could not be, hence inferred, that their committees were not separate from, nor equal in rights to, those of the other house, and bad not authority to meet, debate, and report sepa- rately. This message and another that followed it, were signed by the clerk of the upper house, instead of being signed by the president, and countersigned by the clerk.
The lower house desired, that for the future, all mes- sages from the other house to them might be signed by the president, agreeable to the old accustomed practice, otherwise they could not receive them ; they said, the separate committees were not only new and unconstitu- tional, but impracticable ; for neither the money paid in to be burnt, nor the vouchers of accountants could with safety be transmitted from the committee of one house to that of the other.
The upper house forbore sending any further mes- sage to the other, during the rest of the meeting.
The upper house, the other, although invited, decli- ning to join or say they would not, addressed the king,
They began by expressing their joy at the remarka- ble success of the king's arms, and giving assurance of N. CARO. II. 21
162
CHAPTER
[176%
their firm and loyal attachment to the sovereign, his fami- ly and government ; they begged leave to represent, that the inhabitants of the province had, for several years past, been subjected to great difficulty and distress, for want of a proper place established as the seat of government.
They observed, that Tower Hill, the place chosen for that purpose in 1758, was found of difficult access to several of the inhabitants of the province, and no proba- bility appeared of its being inhabited by a sufficient num- ber of families to accommodate, with any degree of con- veniency, the officers of government, the members of the legislature, or the persons who had business to transact with them.
Receiving it in charge from their constituents, to use their endeavours to obtain a redress of this inconve- nience, and having examined the situation and extent of the province, and the people who were settled in the dif- ferent counties, they suggested the propriety of fixing the seat of government in the town of Newbern, and im- plored the king to repeal the act for fixing it at Tower Hill, and signify his approbation of its being fixed at Newbern, promising to erect a governor's house there, and such suitable public buildings as the king's service might require.
On the 29th of April, governor Dobbs addressed the two houses; he thanked the upper one, for the zeal they had manifested, and their readiness to concur in every measure calculated to promote the king's service.
He expressed to the other the great concern he felt in being obliged to represent to the king, the little regard they had shown for his warm and pressing demand for an aid; he added, he should animadvert on-this irregular conduct, and on the little attention they had paid to his
163
THE SIXTH.
1762]
recommendation of passing laws to promote trade and the education of youth, and he would then leave it to their constituents to determine, whether they had acted for the welfare, safety and honor of the province.
He observed, that on their first meeting, when no time was to be lost in taking the king's orders into con- sideration, they had acted in opposition to his preroga- tive and instructions, by refusing to proceed to business, until a majority of the whole appeared, thus not only de- nying the king's right, but putting it in the power of a few members combining together to dissolve the as- sembly.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.