USA > North Carolina > The history of North Carolina from the earliest period, Volume II > Part 15
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In the latter part of the year, the British empire, on the American continent, was divided into two districts, northern and southern, by the river Potomac and a due west line drawn from the head of that river. A sur- veyor general was appointed in each district, who was desired to make several surveys of the coast and rivers, in order to facilitate the navigation and promote the speedy settlement of the newly acquired territory. William de Brahm was appointed in the southern dis- trict.
At the meeting of parliament, in January, 1766, Wm. Pitt, afterwards lord Chatham, expressed his opinion, that the stamp act be repealed absolutely, totally and immediately, and the reason for the repeal he assigned was, because it was founded on an erroneous principle; at the same time that the sovereign authority of Great Brit- ain over the colonies be asserted, in as strong terms as can be devised, and be made to extend to every point of legislation whatever, that parliament may bind their trade, confine their manufactures and exercise every power, but that of taking their money, out of their pockets, without their consent.
Early in the year, the sloop of war, the Diligence, ar- rived in the river Cape Fear, having on board the stamp paper, destined for the use of the province, and on the 6th of January, the governor issued a proclamation, announcing this circumstance and calling on all persons, authorized to act as distributors of the stamps, to make application therefor, to the commander of the sloop. But on the first notice of the approach of this vessel, colonel John Ashe, of the county of New Hanover and colonel Waddle, of the county of Brunswick, having embodied the militia of those counties, marched at the
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head of them to the town of Brunswick, before which she was anchored and notified the commander of their determination to resist the landing of their stamps. It was judged best not to make the attempt. A party was left to watch the motions of the sloop and the rest of the small army marched to the town of Wilmington, car- rying with them one of her boats. Having fixed a mast in her with a flag, they hoisted her on a cart and drove triumphantly through the streets; the inhabitants all joining in the procession: at night the town was illumi- nated. On the next day, a great concourse of people, headed by colonel Ashe, proceeded to the governor's house and demanded to speak with James Houston, one of the council, who had been appointed stamp master for the province. The governor, at first, declared his intention not to allow it, unless Houston would come willingly: but the people threatened to set fire to the house and proceeded to make preparations therefor. The governor desired the colonel to step in and talk with the stamp master, who, finding, that he could not act in his office, without rendering himself obnoxious to the people, voluntarily accompanied the colonel to the street and, followed by a great concourse of people, pro- ceeded to the market place, where he took a solemn oath not to proceed on the duties of his office. On which, the people gave three cheers, and conducted him back to the governor's.
In the latter part of the month of February, there be- ing a general muster in the town of Wilmington, the governor, with a view to please the militia, caused an ox to be barbecued and had a few barrels of beer unheaded; but the people, displeased with his endeavors to coun- teract their opposition to the stamp act, threw the roast-
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ed ox into the river and spilled the beer on the ground. This behaviour excited the resentment of the officers and men of the sloop of war, and a general fight ensued, the riot was continued for several days and one of the offi- cers was killed in a duel. The governor caused the offender to be apprehended and gave orders for his pro- secution. He was acquitted by the jury. Chagrined at this disappointment, the governor charged chief jus- tice Berry, who had presided at the trial, with having fa- voured the defendant; and, although the chief justice stooped so far as to send him his notes of the testimony, the governor persisted in declaring that the trial had not been fairly conducted. The chief justice soon after went to Edenton, where he received a summons to at- tend on the council board. He had been so much affected by the governor's reproof, that he took it for granted, that the council was called for the purpose of suspending him. He called on a gentleman of the bar, and imparting his fear, begged him to accompany him to the council, but other avocations prohibiting a com- pliance, he set off alone. On his arrival in town, he waited on the governor, as was customary for the mem- bers of the council to do, and was received with coldness. Confirmed by this reception, in the idea he had formed, he refused to yield to the opinions his colleagues gave him that the council was called on the ordinary business of the province, and returning to his lodgings, fired a pistol in his own mouth; the fire not proving mortal, he took out his pen-knife and, ripping open his belly, drew out part of his entrails and soon after expired.
Writs of election had been issued, soon after the dis- solution of the general assembly, in December, and the new legislative body was to assemble on the 22d of
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April, the governor, apprehending danger from their convening, while the public mind was in irritation, on the 26th of February prorogued the general assembly to the 30th of October.
In the month of March, the British parliament yield- ing to the voice the nation, the stamp act was repeal- ed.
That the ministry might not seem wanting in their en- deavors to preserve the authority of the parent country, with the repealing act, another was passed to indemnify those who, on its account, had incurred penalties, and the American provinces were required to compensate the individuals, who had suffered from their obedience to government, during the commotions, which the attempt to carry the act into effect had excited. A statute was also passed for a formal declaration of the supremacy of the parent state and the dependence of the colonies. The resolutions, orders and votes of the colonial assemblies denying this supremacy and dependence, and the power of the British parliament to lay taxes in the colonies, were declared null and void, illegal, derogatary to the legislative authority of the mother country and the de- pendence of the provinces upon the crown.
On the 13th of June. the governor received a des- patch from general Conway, of the 21st of March, with copies of two acts of parliament; the first for securing the due dependency of the colonies on the mother country, the other for the repeal of the act of last session, granting certain stamp duties in America, expressing a hope to have soon to forward a third, for the indemnity of such persons, as had incurred the penalties impossed by the repealed act.
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The secretary observed that, the moderation, the for- bearance and the unexampled lenity and tenderness of parliament towards the colonies, which were so signally displayed in those acts, could but dispose the pro- vince, committed to the governor's care, to a return of cheerful obedience to the laws and legislative author- ity of Great Britain, and to those sentiments of respect- ful gratitude to the mother country, which were natural, and which the secretary expected would be the entire effect of so much grace and condescension, so recently manifested on the part of his majesty's parliament. -
He added, that the future happiness and prosperity of the colonies would very much depend on the testi- monies they would give of these dispositions; for, as a dutiful and affectionate return for these peculiar proofs of indulgence and affection, might, at this great crisis, be a means of fixing the mutual interest and melioration of Great Britain and her colonies on the most firm founda- tion; it could not but appear visible, that the coolness or unthankfulness, the least murmuring or dissatisfaction on any ground whatever, too much heat or too much prevailing prejudice, might totally endanger the union, and give the most severe and affecting blow to the fu- ture interests of both countries.
He said that, so full of true magnanimity "were the sentiments of the king and of parliament, so free from the smallest colour of passion or prejudice, that they seem- ed disposed not only to forgive, but to forget those ve- ry unjustifiable marks of an undutiful disposition, too frequent in the late transactions of the colonies; and consequently a revision of the late American trade laws was to be the immediate object of the attention of parliament, so as to give to the trade and interest of
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the colonies every relief which the true state of their circumstances demanded or admitted.
He added, that nothing would tend more effectually to every conciliatory purpose, and there was nothing which he had in command more earnestly to request from the governor, than that he would exert himself in recommeding it strongly to the assembly, that a full and ample compensation be made to those who from the madness of the people had suffered for their obedience to acts of the British legislature, and to request that the governor might be particularly attentive that such persons be effectually secured from any further in- sult, and that he should take care, by his example and influence, that they might be treated with that respect to their persons, and that justice in regard to all their pre- tentions, which their merits and suffering's claimed.
In performance of the directions of the minister, on the governor's report of the disturbances in the county of Granville, which now began to spread into those of Orange and Anson, a proclamation was issued, in the king's name, on the 25th of June, stating that great com- plaints had been received, and exorbitant fees were demanded in several offices in the province, to the great dishonor of the king's services and the prejudice of his subjects, strictly charging all public officers whatever, to restrain themselves to the fees authorized by law, and the same day, the governor, by proclamation, an- nounced the repeal of the stamp act, expressing his hope that the inhabitants of the province would return to a cheerful obedience to the legislative authority of Great Britain, on which the future prosperity of the colonies greatly depended.
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On the 26th of June, the mayor, recorder and alder- men of Wilmington, presented an address to governor Tryon, congratulating him on the repeal of the stamp act and on the happy prospect of the union and har- mony, thereby established between the colonies and the mother country. They expressed their most respect- ful acknowledgments to the supreme legislature of Great Britain for their care and attention in protecting the inhabitants of his majesty's extensive American do- minions, in the enjoyment of that inestimable blessing, liberty, and releasing them from a burden they were un- able to bear.
The address concluded by expressing great concern, on the many misrepresentations that had been made to the governor of the transactions of the inhabitants of Wilmington and several of the adjacent counties, since the arrival of the stamps.
The governor expressed himself at a loss how to answer the latter part of the address, and declared that the impression, he had received of the conduct of the inhabitants of the borough, arose from a behaviour that came, immediately, under his own observation.
This produced a letter from the mayor, John De Rosset and several gentlemen of the borough, nine- teen in number, who expressed the extreme sorrow they felt at some expressions in the governor's answer, which might be construed to charge the borough, with some marks of intentional disrespect, which they dis- claimed, and should sincerely condemn, as inconsistent with the dutiful affection towards the king's represen- tative, which they should always cultivate, with the grateful return of sentiment which his personal merit justly claimed.
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They concluded that if, oppressed by the late act, some commotions of the country seemed to threaten a departure from moderation, the governor, they hoped, would not impute those transactions to any other motive, than a conviction that moderation ceases to be a virtue, when the liberty of the British subject is in danger; but the greater the danger was, the more reason they had to applaud the honest justice of the British parlia- ment, whose prudent resolutions had relieved them from the melancholy dilemma to which they were reduced.
The governor replied, that, as this letter had removed those aspersions, he felt they had thrown on his character in the late address, he was now willing to forget every impropriety of conduct, any of the subscribers and the town of Wilmington had shown personally towards him, in the late commotion.
During the session of the court of the county of Or- ange, in the month of August, a number of persons came into the court house and presented to the justices a paper which they directed the clerk to read. It stated, that "great good might come out of the great designed evil, the stamp law, and that, whilst the sons of freedom withstood the lords of parliament, in behalf of true liber- ty, the officers under them ought not carry on an unjust oppression in the province; that in order thereto, as there were many evils complained of in the county of Orange, they ought to be redressed, and, if there were none, jealousy ought to be removed from the minds of the people." The writer then proposed that, "there should be a meeting of the people, in each captain's com- pany, for the purpose of appointing one or more persons to attend a general meeting on the Monday before the next court of the county, at a suitable place, where there
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should be no liquor; in order judiciously to enquire whether the freemen of the county labored under any abuse of power, that the opinion of the deputies should be committed to writing, freely conversed upon and measures taken for amendment."
The proposition was deemed reasonable and a gen- eral meeting was directed to be held on the 10th of Oc- tober at Maddock's mills.
On the 20th of August, the company on Deep river, after having appointed their deputies, entered into a res- olution, "that the representatives of the county in the general assembly, vestrymen, sheriff and other officers be requested to attend the meeting at Maddock's mill to afford them all the information in their power, as they valued the good will of every honest freeholder, and the executing of a public office pleasant and delightsome."
On the 10th of October, delegates from the different captains' companies met at the mill; but none of the offi- cers of the county attended. Towards the evening, James Watson, one of the representatives in the general assembly, appeared: he brought a message from Ed- mund Fanning, his colleague, by which he informed the meeting, "it had been his intention of attending them, till a day or two ago, when he observed in the notice from the meeting at Deep river, the word judi- ciously, which signified the authority of a court, concluding, after some other objection, particularly on the impropriety of the place, he considered their assem. blage as an insurrection."
The meeting then came to a resolution, expressive of the advantage that would accrue to the county, it the representatives, vestrymen, church wardens, sheriff and other officers would yearly attend the delegates, chosen by
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the people, in different sections of the country, in order to make themselves acquainted with the wishes and opin- ions of the people, in matters of weight and importance; lamenting, that one of the representatives only, had at- tended, and concluding, that if they were inclined to con- fer with the delegates chosen, they would be attended on, at any place and time they might desire.
A subscription was set on foot, and fifty pounds were collected for defraying the expenses of such suits, as it might be necessary to bring, for the purpose of redress- ing the grievances of the people.
The new legislative body began its first session, at Newbern, on the 3d day of November. In ad- dressing the houses. the governor attributed the long chasm in the proceedings of the legislature, to many evident reasons; none of which, he chose par- ticularly to state. He laid before them, the late acts of the British parliament, which related to the colonies, and the votes of the house of commons, on the proceedings of the colonial assemblies, on the subject of the stamp act: he expressed his hope, that the moderation and paternal care of the king and the unbounded lenity of parliament, signally dis- played in those acts, would dispose the inhabitants of the province to a most cheerful obedience to the legislative authority of Great Britain, and to senti- ments of the most respectful gratitude: he added, he was authorized to say, that so truly magnanimous were the sentiments of the king and parliament, and so free from the smallest spark of passion or preju- dice, that they appeared disposed, not only to forgive, but to forget the marks of an undutiful disposition,
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manifested in the late transactions of the colonies, Animated by these glorious sentiments, he was hap- py to follow examples so shining, in regard to the late distractions he had witnessed; he drew the attention of the legislature to the inadequacy of the emoluments of sheriffs and the disproportion be- tween them and the services they were expected to rendery and recommended to their consideration the state of the public funds, and that some mode might be devised to obtain, from the treasurers, accounts, specifying the receipts and expenditures for the ordinary and contingent services, the balan- ces in their hands and a statement of those, due from the collectors of public moneys; that order and certainty might be introduced into the fiscal depart- ment and an injustice prevented to some counties, which were compelled to share the deficiencies of others, in which taxes were but partially collected or accounted for.
He informed them, that their resolution for the es- tablishment of Fort Johnson, having expired, he had ordered a continuance of the establishment, and some necessary repairs to the work, upon the credit of the province: the artillery and stores, being too valuable not to claim attention: he advised an in- crease of the establishment.
He observed, that the court system had, on experi- ence, proved a valuable one, and seemed to want noth- ing but a greater degree of permanency and handsome ~ salaries to the associate justices.
The lower house replied, they were truly sorry, that any reason whatever should have prevented him from
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meeting the legislature sooner; the alarming tendency of the stamp act and the reproachful terms of rioters and rebels, which had been liberally bestowed on the king's faithful American subjects, rendering it, in their opinion, highly expedient, that the house should have been con- vened sooner. In times of public calamity and dis- tress, when the loyalty and attachment of a whole pro- vince, to the king's person and government, were ques- tioned, no measure could be more particularly necessary to its honor and interest, than to afford it the opportunity of testifying its duty and allegiance to the crown and im- ploring a redress of the grievances, with which it was oppressed.
They gratefully acknowledged the tender and paternal care of the king and the wisdom and justice of parlia- ment, to which they attributed the repeal of the stamp act, a measure which had restored peace and tranquility to the continent, and effectually secured its warmest affection to the mother country.
They assured the governor, that they would esteem it a great happiness to have it in their power to concur with their sister colonies, in testifying an inviolable at- tachment to the person of their sovereign and a just and dutiful dependence on his government; but they said it was the peculiar misfortune of the province of North Carolina, to be deprived of those means to which it had an unquestionable right, and which the other pro- vinces peaceably enjoyed, of making known their dutiful dispositions; and, if they were wanting in the general suffrage, they hoped censure would fall on those whose indiscretion was the cause of it. They observed, that in every other part of the king's American dominions, where the constitution was similar to that of the pro-
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vince, the representatives of the people enjoyed the priv- ilege of naming an agent, to represent their loyalty to the king and to implore his protection: the concurrence of the other two branches of the legislature being con- sidered as necessary only to give a sanction to the nom- ination; a privilege which, with that of naming the treasurers by the people of the province, was deemed, by the members of the king's council, a circumstance which they greatly feared, might be followed by conse- quences fatal to public tranquility, They expressed a hope, that the governor would exert every practicable endeavor to restore the people to their rights and privi- leges in this respect.
They expressed their deep concern to hear the colo- nies charged with marks of an undutiful disposition and persuaded themselves, that the conduct of the colonies and the province, had been influenced by nothing but their loyalty to the king, their attachment to the consti- tion and tender regard for the liberty it was made to se- cure, and that their conduct would have been viewed in this light, had not those who were strangers to the true interest of Great Britain and her colonies, ingenuously represented it, in England, as resulting from disaffection to the crown and a desire of independence on the mother country
They declared they had nothing more at heart than to see the seat of justice and every office in the province filled with able men: for such, they had ever been ready to provide adequate salaries; but, for the present, they were fearful the scarcity of currency and the heavy taxes with which their constituents .were burdened, would put it out of their power to make that provision which was recommended to them.
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The governor replied, he would forbear entering into all the parts of their address, lest he should be thought to deviate from the principles of generosity he had profess- ed to pattern from the king and parliament. He declar- ed himself an utter stranger to the reproachful and de- testable appellation of rebels, which was said to have been liberally given to the king's subjects on the continent, and the ingenuous misrepresentations made in England, to which the house referred.
He observed, that the irregularity in the choice of an agent, for the administration of the affairs of the colony, had long been a matter of complaint and difficulty, both in the province and in England; and, although he could not agree with the house that the appointment of the two other branches of the legislature was merely by way of sanction, with the view of manifesting his desire to pre- serve the tranquility of the province, until the king's pleasure in this respect was known, he would be found ready to concur with the houses in the appointment of an agent and treasurer, and he trusted the council would act with the same liberality. He added, he could wish the province, and the house in particular, might con- consider him as their agent, in every laudable action or beneficial measure, which circumstances required or admitted.
The upper house took into consideration the address of the lower house to the governor, and voted, that the assertion, that the want of a treasurer and agent, was ow- ing to the indiscretion of the upper house, was indecent, unjustifiable, and highly derogatory of the honor of the house.
That the approbation of the upper house, to a colo- ny agent, was necessary and proper; but that the fai-
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lure of the late agent bill, was owing to" the refusal of al. lowing the upper house its proper weight and influ- ence, in the committee of correspondence.
They asserted their right to the nomination and ap- pointment of treasurers.
. When sitting at the council board, the members ex- pressed their opinion, that the charges in the address of the lower house, relating to the governor's conduct, were altogether indecent, without foundation, and un- merited; and that the governor, in his answer, had con- ducted himself with great propriety, and the coolest dictates of moderation.
A bill being introduced, for the appointment of a trea- surer for the southern district, the upper house substi- tuted the name of one of their members (L. H. de Ros- set) for that of the former speaker of the lower house, John Ashe, who had been nominated there. When the bill returned, the lower house reinstated the latter name: the upper house insisted on their amendment, observing, that their passing of the bill as it was sent up, might be considered as a relinquishment of the joint right of nomi- nation: the lower house replied, they could not consent to the proposal, neither could they recede from the opi- nion, that the right of nominating the treasurer was in them; but they were willing that the passage of the bill, should not be considered, as a precedent invalidating the claim of the upper house, if they had any: the up- per house replied, that as the sole right of nomination, was insisted on in the late message, they could not re- cede; but proposed to pass the bill, if the lower house would agree to consider the nomination as joint; but, on the lower house praying that this point of modern controversy, might be left to be disputed at some future
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