USA > North Carolina > The history of North Carolina from the earliest period, Volume II > Part 12
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He said, that by the great opposition they had made, and refusing the aid to the king, they had, as far as was in their power, delayed and prevented their country from having a speedy and honorable peace, and well deserved, by their ill judged parsimony, the censure of their con- stituents.
He took notice of the letters of the committee of cor- respondence to the agent and his answers, about which, it appeared, that the members named by the upper house had not been consulted, and from which it seemed, that the principal object was to complain against him, for the frequent meetings, prorogations and disso . lutions of the assembly, which had exhausted the public chest, in the payment of the members and officers of the legislature.
He complained that, contrary to the accustomed usage, the agent had been ordered to direct his letters to the late speaker, instead of addressing them to the committee of correspondence, enclosed under cover to the governor, so that the speaker might suppress any
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letter disagreeable to him, and thus become the sole di- rector of the committee.
He said, that it became his duty, that he might avert any future cause of complaint, to forbear passing any bill, and put an end to their meeting, without making it a session, which would save to the public the expense of their attendance, so much complained of.
He concluded, that on account of the disrespect they had shown to the king, and the little care they had taken to defend their country, he could not think of meeting them again, but must appeal to their constituents to judge of and censure their behaviour; he accordingly dissolved the assembly.
The governor, in the mean time, directed the one hundred recruits, required by Sir Jeffrey, to be raised and marched to New York. To meet the necessary expense of this service, he drew on the agents for two hundred pounds sterling.
In the latter part of the summer, official accounts of the repeal of the court laws reached the province, passed in 1760, and of the act for the improvement of the navi- gation from Currituck inlet; the causes of the repeal of the former laws have been already stated ; the latter was objected to, as it altered and repealed, as far as re- garded the port of Currituck, an act passed in 1754, laying a tonnage duty of powder and lead, for the de- fence of the province, on every vessel entering any of its ports, to which it substituted a duty of two shillings and six pence per ton, in money ; the alteration was deemed not only improper and impolitic in itself, but inconsist- ent with the instructions, given from time to time to the governors of the several colonies in America, requiring
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them to endeavour to procure laws for imposing a ton- nage duty in powder, on all vessels trading there, paya- ble in kind, without any commutation.
The lords commissioners of trade and plantation, ex- pressed their disapprobation of an act, which had been assented to by the governor, and had already had its ef- fect, authorizing a lottery for the improvement of the navigation of New river ; a mode of raising money, which, they observed, ought never to be countenanced nor admitted in the British colonies, where the nature of the constitution did not embrace the regulations and checks, necessary to prevent fraud and abuse, in a matter so peculiarly liable to them. The lords also expressed the great concern they felt, in observing, that the lower house had availed themselves of the necessity of raising money, in the month of April, 1761, for the public service, to tack a clause, for the appointment of an agent, to the aid bill ; they said, the irregularity of this practice, and the many evils and inconveniencies which must necessarily flow from it, were too obvious to need any animadversion, and they desired governor Dobbs, when the appointment of Couchet Jouvencel should ex- pire, to recommend to the houses to pass a separate bill for the appointment of an agent, and not to consent, upon any pretence whatever, to an appointment made in any other manner.
The necessity there was for the immediate establish- ment of courts of justice, induced the governor to issue writs of election, and the legislative body was convened at Newbern in the first days of November.
The governor congratulated the houses on the late success of the British forces in the West Indies, by the capture of the islands of Cuba and Grenada, which in-
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sured to the king all the trade of the northern coast of Spanish America, and was the earnest of a speedy and honorable peace. He observed, that the immediate ob. ject he had in view, in calling them together, was to lay before them the repeal of the court laws, which he was about promulgating by proclamation, and of the other minor acts, which had also received the royal disallowance.
He said, he would lay before them the reasons which had induced this exertion of the prerogative of the crown, and he hoped they would be convinced, they could not promise to themselves any advantage, by an opposition to the king's just rights and a disobedience to his instructions; he alluded to the severe reprimand, his too ready compliance with their solicitations had brought on him, and assured them, that for the future, if any clause contrary to any of the king's instructions was introduced in any bill, he should certainly reject it, how- ever important and proper it might appear in other respects.
He besought them to bestow their immediate atten- tion on the establishment of courts of justice, to promote the establishment of schools, amend the inspection laws, and allow premiums on the exportation of hemp and flax.
He concluded by observing, that as he had not the king's command to require any aid, it would suffice to lay a small tax, to meet the contingent expenses of the province, and support the garrisons or forts, for the security of commerce and the protection of the king's stores, at the approaching end of the war.
A bill was introduced in the lower house, dividing the province into five districts, Edenton, Newbern,
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Wilmington, Halifax and Salisbury, establishing a su- perior court of law in each, to be held in the four - first districts by the chief justice, and in the latter by an as- sistant judge.
The upper house, on the second reading, expunged the clause for the appointment of the assistant judge for the district of Salisbury, and introduced one for that of two associate justices for the whole province; and ano- ther, providing for courts of oyer and terminer, to be held by such commissioners as the governor might from time to time appoint. These alterations were nega- tived in the lower house. On the third reading, the upper house insisted on their amendments; they ob- served, it was highly improbable, that the chief justice could attend the courts of four districts with regularity, even if no accident happened that might detain him at home; that the moderate provision made for the assistant judge of the district of Salisbury, and the liberty allowed him to practice as an attorney in the courts of other dis- tricts, were liable to many and palpable objections ; that the king had, by his prerogative, the right to appoint at pleasure courts of oyer and terminer, and direct commissions to any person he pleased; a right which had never been contested as productive of any bad effect to the subject, and although he needed not the authority of an act to exercise this prerogative, it was doubted whether such courts could enforce the attendance of jurors.
The lower house admitted the advantage which the province would derive from having associate justices, and would rejoice to obtain such officers, if it could be done on a footing that would allow the probability of their answering the end of their appointment ; but they
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believed it better to submit to all the inconveniences mentioned in the message of the upper house, than to run the risk of having men obtruded upon them, strangers to their laws, holding their offices on the pre- carious tenure of the pleasure of the commander in chief. They offered to concur with the amendment relating to courts of oyer and terminer, provided the governor should be authorized to grant commissions for holding those courts to the chief justice and assistant judge ; they declared themselves willing to increase the salary of the assistant judge, and saw no inconveniency in allow- ing him to act as an attorney out of his court, a practice not uncommon in the mother country.
The upper house next proposed to pass the bill, if to the clause appointing the assistant judge of the dis- trict of Salisbury, one was substituted, providing for the appointment of an associate justice for the whole pro- vince, with as handsome salary and equal powers as those of the chief justice ; and on the refusal of the upper house to concur with this proposition, the bill was rejected.
Another was then introduced, passed both houses and received the governor's assent, establishing a court, to be stiled the superior court of justice, in the districts of Edenton. Newbern, Wilmington, Hal- ifax and Salisbury, to be composed, in the first four districts, of the chief justice and one associate, appointed for each district, and in the latter dis- trict, of the chief justice and an assistant judge. The sessions of the court were to be semi-annual; the chief justice was allowed twenty-six pounds for each court he held. besides fees, and the assistant judge twenty-five pounds, the associate justices were to receive neither salary nor fees, except
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when holding the court in the absense of the chief justice, when they were to receive twenty-six pounds. No suit was allowed to be brought in the superior court in cases in which the sum in dispute was less than ten pounds. The act was to be in force for two years.
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An inferior court was establishmed in each coun- ty, composed of justices of the peace; it was to be held quarterly, and its jurisdiction was confined to personal actions, wherein the sum claimed was more than four and less than twenty pounds. The act establishing it was limited in its duration to the same period as the superior court act.
While the bill was on its second reading in the upper house, it was amended by the insertion of a clause, providing, that a part of it, inflicting apenal- ty, in a certain case, shouldn ot be construed to ex- tend to persons, qualifying under a general commis- sion of the peace. This amendment was stricken out in the lower house, and when it was on the third reading in the upper, the reinstatement of the amendment was insisted on. The lower house re- plied, that the amendment was unnecessary, as they knew of no such commissions in use in the pro- vince. the introduction of them could have perni- cious consequences, and they were of opinion, that they were against law.
The upper house, in a second message said, they, saw, with surprise and concern, a manifest want of decorum and decency in the language of the lower house, in taxing them, as a branch of the legislature, with insisting upon the introduction of commissione
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unknown, contrary to law and pernicious in their consequences, charges, which they could not pass over in silence, while they were convinced, that the house could not be ignorant, that general commis- sions, to enable the members of the king's council and the officers of the crown, to act as conservators of the peace, in the several counties of the province, were neither unknown, contrary to law nor pernicious in their consequences: they insisted on their amend- ment.
The lower house expressed their sorrow, that their message should have been so misunderstood. as to be thought void of decency and decorum; and if the mode of expression alone was to justify the singular complexion of the message of the upper house, they despaired of ever being able to avoid the imputation of a want of decency or decorum.
They expressed their full satisfaction. that gen- eral commissions, to enable the members of the king's council and the officers of the crown to sit as judges of the inferior courts, were not only alto- gether unnecessary, 'but as they' could be of little benefit, and might be prejudicial to the public; they thought the introduction of them ought to be avoid- ed. It was needless to make it a question. whether they were against law, no part of the bill tending to invalidate them, and, if they should be against the constitution (and the house thought they were) it would be improper to give a sanction to them: they therefore, declined reinstating the clause.
The upper house disclaimed any intention of ob- taining any sanction for general commissions, or of
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sitting as judges of any inferior court, without first qualifying in the mode prescribed by the bill; they said, that such commissions had been in use in the province as well as in many others, and required no sanction, but that of the prerogative from which they flowed: they only insisted that the persons, act- ing under them, should not be liable to the penalty. They proposed, that the expression should be vari- ed and the clause declared not to be construed to extend to members of the king's council, secretary, attorney general, &c .. qualifying in council under a general commission of the peace.
They added, that they had been induced to send this second message, solely from a consideration of the utility of the bill, and, if the house did not choose to concur, after this explanation, they hoped they would not, in the judgment of unprejudiced persons, be blamed for the fatal effects that might flow from an ill judged obstinacy.
The lower house proposed, that, the section, to which the clause was proposed to be added, should be wholly stricken out, or be confined to justiees of the inferior courts, or justices of the peace for any county in the province.
They observed, that, as either of these alterna- tives would clearly and fully exempt general com- missioners of the peace, when properly established, from the penalty to which ordinary justices of the peace, misbehaving themselves might be subjected; they hoped the upper house, if they did not accede to one of the propositions, would offer some other mode, which did not obliquely ratify a commis.
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sion, which, it was believed, had not, and for any thing that was known, would never have an exis- tence.
They concluded, that whatever might be the con- sequence of the dispute, they would have the satis- faction to think it had not its rise with them, and doubted not, that, if the bill miscarried. every unpre- judiced person would easily distinguish between abetting and opposing a measure, that must be con_ fessed a novelty in the constitution.
The altercation ended by an acceptance, on the part of the upper house, of the second alternative.
Provision was made for the establishment of an orthodox clergy, and encouragement held out to pious and learned ministers to settle in the pro- vince. An act was passed, introducing valuable improvements in the management of the estates of orphans and the care of their persons; the negocia- bility of promissory notes, the relief of poor debtors, the extension of public roads and the destruction of vermin.
The county of Anson was divided, and the upper part of it erected into a distinct county, to which the name of Mecklenburg was given, in honor of the new queen.
A number of stores had been established at a commodious landing, on the north side of Neuse river, in the lower part of the county of Dobbs: and. at the request of individuals who had removed thither, a town was established on this convenient spot; it was called Kingston, a name which, after the revolution, was imagined would be rendered
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more agreeable, by being deprived of its fourth letter.
The trade of the counties of Anson and Rowan. which began to increase, was observed to center in Charleston, with a view to prevent a division of the wealth of this part of the province, and cause it to flow down towards Wilmington, a town was es- tablished on the north west side of Cape Fear river; it was called Campbelton. This is one of the very few instances. in which the expectations of the legis- lature, in establishing a town, were not deceived. The spot afforded a convenient landing, the stores, however, were chiefly built at the distance of one mile from the river, at a place called Cross creek. In the year 1781, the place was called Fayetteville, in compliment to a French nobleman, who distin- guished himself by his zeal for the American cause, during the revolutionary war.
The houses united in an address to the king, for the removal of the seat of government from Tower Hill to Newbern, a measure in which, however, they were far from being unanimous. In the upper house John Rutherford, Lewis Henry, de Rosset and John Sampson, protested against the resolution for concurring with the other house.
The protest admitted the propriety of removing the seat of government from Tower Hill; but deni- ed the expediency of fixing it, for the present, at any place, more particularly at Newbern; for, the southern boundary of the province being, as yet, unascertained, and the territorial controversy with South Carolina not likely to be soon terminated, the
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step appeared precipitate, and perhaps indecent, while the contested points were soon to be laid be- fore the throne, for the royal determination. The impropriety of fixing the seat of government was in their judgment glaring, the town of Newbern, being neither central nor on the best navigation, and de ficientin good water.
The measure was carried in the lower house by a very small majority, and in the other by the cast- ing vote of the president, James Hasel. The mem- bers who voted for it, were Richard Spaight, Henry E. M'Cullough and Alexander M'Cullough.
The definitive treaty between their Britannic, most Christian and Catholic majesties, was signed at Paris, on the 10th of February.
On the 5th of March, a charter was granted to the town of Wilmington, its precincts and liberties, con- stituting a borough, with a mayor and aldermen's court, having a limited jurisdiction of suits between the inhabitants and transient persons, not residing in the province, with other privileges. The same favor was afterwards granted to the towns of Newbern, Eden- ton and Halifax.
As the removal of the French and Spaniards from the vast extent of country which extended between the province of Georgia and the river Mississippi, which were now ceded to Great Britain, caused an alarm and in- creased the jealousy of the neighboring tribes of Indians, the ministry thought it indispensably necessary to take the earliest steps to prevent their receiving any unfavora- ble impression, to gain their confidence and good will, without which, it would be impossible for the nation to reap the full benefit of its acquisitions in that part of the
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world. It was believed the French and Spaniards, in Louisiana and Florida, had long, and too successfully, inculcated an idea among the Indians, that the English entertained a settled design of extirpating the whole In- dian race, with a view to possess their lands; and that the first step towards carrying this design into execution, would be to expel the French and Spaniards, the real friends and protectors of the Indians. With a view of preventing the ill effects of those suggestions, the gov- ernors of Virginia, the Carolinas and Georgia, were di- rected, without loss of time, to invite the chiefs of the Creeks, Choctaws, Chickasaws, Cherokees and Cataw- bas, to a meeting with them and the superintendant of Indian affaires, for the southern department at Augusta, in the province of Georgia, to apprise the Indians, in the most prudent and delicate manner, of the change which was about to take place. It was recommended in doing this, not only to avoid every expression which might awake the fears, or point out the dependence of the In- dians upon the British, but to use every means to quiet their apprehensions and gain their good opinion.
For this purpose, the governors were directed to recur to the original causes of the war with the French, to mention and dwell upon the several cruelties they exer- cised during the course of it, the arts they employed, the groundless stories they propagated among the Indians, in order to excite their jealousies, to alienate their affec- tions from the English and to provoke them to commit such violences, as the king was at last compelled to re- sent: that, by the same insidious arts, they had so far wrought upon the credulity of the Spaniards, as to in- volve them in their quarrel and its consequences; that, through the special favor of providence, the wisdom of
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the king and the courage of his troops, all their mischiey- ous practices had been discovered and defeated.
They were advised to impress on the minds of the In- dians, that in order to prevent the revival of such distur- bances and troubles, by repetitions of the same danger. ous proceedings, the king had found himself obliged to insist, in the treaty of peace, that the French and Span. iards sholud be removed beyond the river Mississippi, to the end, that the Indians and his people might, hereafter, live in peace and brotherly friendship together; and that the English felt a particular satisfaction in the opportu- nity, which their successes afforded them, of giving to the Indians the most uncontrovertible and substantial proofs of their good intentions and cordial desire to maintain a sincere and friendly correspondence with them: that those proofs would consist, first, of a total forgiveness and oblivion of all past offences, fully per- suaded that they were entirely owing to the deceiving arts of the French and no ways to be attributed to any ill will in them; secondly, of opening and carrying on as large a traffic with them as would supply all their wants: thirdly, of a constant attention to their interests and a readiness, upon all occasions, to do them com- plete justice, and lastly, of the most solemn assurances, that those forts, now ceded to the king, by means of which the French really did intend to subvert their lib- erty, and accomplish these evil designs which they imputed to the English, should never be employed, but to protect and assist them and to serve for the better convenience of commerce and the cultivation of friend- ship and good will between them and the king's sub- jects.
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The minister added, that should the Indians retain any jealousy or suspicion, that the forts, situated in the heart of their country, such as Alabama, Tombigbee and fort Loudon, might be made use of for purposes unfavora- ble to them, and expressed a desire, that they should be demolished, he made no doubt, but that their represen- tations, on that head would be most graciously received and that the king would readily comply with any rea- sonable request of theirs, in order to give the most satis- factory proofs of his intention to fulfil the friendly de- clarations which his governors were instructed to make, In his name, to the Indians, of the sincerity of which, it was highly important, they should be convinced, in or- der to prevent those evils, which would necessarily happen, if their thorough confidence in the king's go- vernment was not established on a solid and secure footing.
In order to try every possible method which might contribute towards this object, goods, to the amount · of five thousand pounds sterling, were purchased and shipped towards Charleston, to be distributed in pre- sents among the Indians, at the intended meeting at Augusta.
In the latter part of the spring, the king's proclama- tion was published in America, for the establishment of the provinces of Quebec, East and West Florida.
On the 5th of April, a resolution was introduced into parliament, for a stamp act in America. The minister, however, withdrew the resolution, to allow time for the colonists to petition against it, when brought forward at the next session.
On the 9th of July, lord Egremont addressed a cir. cular letter to the governors of the American provinces,
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informing them, that it appearing, that the public reve- nue had been greatly diminished and the fair trader much prejudiced, by the fraudulent method, used to introduce, into the king's dominions, on the continent , of America, contrary to several statutes of the British parliament, commodities of foreign growth, in national as well as foreign bottoms, by means of small vessels, hovering on the coast, and that this iniquitous practice had been carried on to such an extent in America, it had been found necessary, at the last session of parlia- ment, to pass a statute for the improvement of the king's customs, the encouragement of officers making seizures and the prevention of the contraband trade, by which the former statutes, on these subjects, were enforced and extended to the British dominions in all parts of the world, and the king having it extremely at heart to put an end to all practices of this nature, by a punctual and vigorous execution of the laws, made for this salutary purpose, and having ordered, that the most effectual steps should be taken for obtaining that end, . the commanders of his ships, stationed in America, would be vested, for the future, with the necessary and legal powers, from the commissioners of the customs, to carry into execution the several statutes, relating to the seizure and condemnation of any ship that should be found transgressing against them. The governors were requested, not only to co-operate with, and assist to the utmost of their power, the commanders of the king's ships, in the execution of the powers and in- structions, given them by the commissioners of the cus- toms, but to use their utmost endeavors, by the most assiduous and impartial execution of the laws, to put
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