USA > North Carolina > The history of North Carolina from the earliest period, Volume II > Part 20
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He met the legislature, for the first time, in the middle of the month of November, in the town of Newbern. After some prefatory encomiums on the late governor, he congratulated the houses on the restoration of the province to tranquility and order, and recommended the consideration of effectual reso- lutions against the return of the evils that had lately disturbed it. To attain this object, he said, it appear-
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ed necessary to obviate all just grounds of the discon- tent of the people and to afford the fullest possible evidence of the just administration of the finances of the province; to correct, as far as human prudence could, all manner of abuses and give every facility to the administration of justice.
He recommended, as war was still raging on the continent of Europe, and kept Great Britain in a state of watchfulness, which rendered caution in the colonies necessary, that the militia of the province be put on a respectable footing, and that provisions might be made for the establishment of fort Johnston, and supplying the garrison with sufficient stores.
He concluded by observing, that. as the public faith stood pledged, he conceived it needless to say any thing on the provision necessary to be made for de- fraying the charges of the late and important services of the troops, and expressed his hope that the house of assembly would, at least, indemnify the leader under whose auspices they had acted for his personal expenses, generously undertaken for the good of the province, and that this being done, the king's sub- jects, lately misled, having returned to their duty, the veil of oblivion should be drawn over the late un- happy troubles, and all the distinctions and animosi- ties, which they created, extinguished.
At the request of the governor the members of both houses took the oath of abjuration, as altered by an act of the sixth year of the king's reign, which had never been used in the province.
The answer of the house of assembly was compli- mentary. They observed, that prohibited as they were, by an act of parliament, from any further emis-
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sion of paper money, the inconveniencies arising from a want of specie to serve as a medium of trade (com- mon in all young countries) were changed into real distress, equally felt and lamented by individuals and the public, and expressed their earnest wish, that the only mode for paying the public debt, which the circumstances of the country would permit them to adopt, might prove just and satisfactory to the public creditors.
It appearing, from a state of public funds made by John Burgwin, that a sum more than equal to the amount of the bills emitted in 1748 and 1754, had been collected, and that there would be a balance in favor of the province after the payment of the arrears, for which security had been given, of upwards of four thousand pounds; a bill was brought in and passed both houses, for discontinuing the poll tax and duty on liquors, and for the redemption of the bills issued.
The governor having received, during the session, the king's instructions to appoint commissioners to continue the southern boundary of the province; run in the year 1763, as far as the Salisbury road, till it should reach the Cherokee line, applied to the low- er house to be enabled to defray the expense of that service. But the house, in reply, desired, through him, to have it made known to the king, that if the running of the line should be carried into execution, it would occasion the greatest injury to the province, as it would deprive it of a great number of useful in- habitants, by law and custom engrafted into its con- stitution, counteract a number of established laws
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and take from it a great part of valuable land, posses- sed under patents, issued by the governors of North Carolina; cut off all communication and commerce with the Indians, by leaving only a tract of land over impassable mountains between them, and deprived the province of several thousand pounds, laid out in running the western line, which would, by this means, be taken into South Carolina.
Both houses concurred in instructions to the com- mittee of correspondence, to direct the agent of the province to solicit permission to import salt from Spain and Portugal; the speaker was desired to ad- dress the speaker of the house of burgesses of the province of Virginia and request that the agent of that province might be instructed to use his interest for the same purpose. The governor was also addressed for his aid.
The house of assembly appointed a committee to draw up an address to the king, the lords and com- mons of Great Britain, setting forth, that the house, ever ready to support the king's honor and dignity, had with spirit and liberality fallen upon a method to pay the great expense of the late exp dition against the insurgents, in support of the king's gov- ernment; but being restricted from emitting a paper currency to be a tender in payment of debts, the only method they could, in the distressed situation of the : country, fall upon, was by stamping debenture bills, as a temporary expedient, chargeable upon the trea- sury of the province; but, as the expedient was atten- ded with great inconvenience to the public, and the individuals who were to receive them might sustain injury from their depreciation, and as those individ- N. CARO. II. .37
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uals were those who had, at the risk of their lives, stood forth in support of the king's government and the con- stitution of the colony, they prayed that, in consideration of those people, as well as of the situation of the province, labouring under great distress for want of a currency, the act of parliament, against issuing a paper currency, might be repealed so far, at least, as respected North Car- olina: and the committee were desired to set forth, in the address. that the house would frame the law, so as to prevent British creditors from suffering, in case such currency should depreciate in value.
The house of assembly addressed the governor for a general pardon to all persons, concerned in the late insurrection, except Hermon Husband, Red- nap Howell and William Burke, whose crimes, they said, were too atrocious to merit any degree of leni- ty. He answered, that his wishes corresponded with the humane and generous disposition of the house, to conciliate the minds of the king's subjects and establish peace and good order throughout the province, on the firmest basis: he had anticipated their wishes; but, considering such a general pardon out of the limits of his power, he had offered such a measure to the royal consideration and would for- ward their request to Great Britain.
The bill, which had passed the house, for discon- tinuing the tax and duty, imposed for the redemp- tion of the paper money, and another for striking twenty thousand pounds in debenture bills, on bank paper, to be exchanged for all such debenture and tender bills. as were in circulation in the province, were rejected.
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Anact was passed to indemnify such persons, as had acted in defence of government and the pre- servation of public peace, during the late insurrec- tion, from vexatious suits, and another for appoint- ing Henry Eustace M'Cullough, esq. agent for the province.
A town was established on the south side of Tar river, in the county of Pitt, which, in compliment to the new governor, was called Martinborough. The name of it was altered, in a few years after, to that of Greenville, out of respect to General Nathaniel Greene.
The settlements in the back part of the province rapidly increasing, a road was directed to be laid out, from the western frontier, through the counties of Mecklenburg, Rowan, Anson and Cumberland, to the town of Campbellton, on the northern bank of Cape Fear river.
On the 23d of December, the governor dissolved the assembly: no reasons were assigned for the mea- sure: but it was believed to have been occasioned by the resolve of the house of assembly, declaring, that the collection of the poll tax and the duty on liquors, for the redemption of the currency, ought to be discontinued.
To prevent the effect of it. a few days after the legislature had adjourned, the governor issued bis proclamation, stating, that the suggestion that the act, imposing the tax and duty. had its intended effect, by raising, from the people, the whole sum emitted upon the credit of those funds, and, conse- quently, that the tax and duty ought not to be col- lected, was a fallacy and a very gross misrepresen-
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tation of the fact; the money collected having been diverted to other services and a great part of it remaining in the hands of the sheriff's and collectors, who had not yet accounted for it to the treasurers: therefore, it appeared that there still remained extant and in circulation, a considerable quantity of the bills of credit, for the sinking of which, the produce of the tax and duty was the only remaining appro- priated fund, and the public faith stood engaged to continue them, till other funds were provided for the extinction of the paper, or till, by their means, it was collected and destroyed: he therefore warned the sheriffs and collectors to carry the acts of 1749 and 1754 into effect, until they were legally repealed.
In the course of the winter, a female adventurer pass- ed through the province and attracted great notice. She had assumed the name of Lady Susanna Carolina Ma- tilda, sister to the queen of Great Britain, and had tra- velled through the province of Virginia, from one gen- tleman's house to another, under those pretentions. She made astonishing impressions in many places, affecting the manners of royalty so inimitably, that many had the honor of kissing her hand.
To some she promised governments, to others regi- ments, or promotions of different kinds in the treasury, army and navy: in short, she acted her part so adroitly as to levy heavy contributions upon some persons of the highest rank. She received the marked attention of go- vernor Martin and his lady, whilst in Newbern; and pro- ceeded thence to Wilmington, where she was also re- ceived with great marks of distinction. At last, after re- maining some days in Charleston, she was detected and apprehended. Her real name was Sarah Wilson; having
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been taken into the service of one of the maids of honor to the queen, she found access into one of the royal apart- ments, and breaking open a cabinet, rifled it of many valuable jewels, for which she was apprehended, tried and condemned to die; but through the interposition of her mistress, her sentence was softened into transportation. She had, accordingly, been landed, in the preceding fall, in Maryland, where she was purchased by a Mr. W. Du- val, of Bush creek, Frederick county. After a short residence there, she effected her escape into Virginia, and when at a prudent distance, assumed the name and char- acter of the queen's sister, having brought with her, from England, clothes that served to favor the deception, and a part of the jewels, together with her majesty's picture, which had proved so fatal to her.
* In the course of the summer, the governor visited most parts of the province, particularly, those in which the late disturbances and commotions had prevailed. In the month of August, the six regula- tor chiefs, on whom sentence of death had been passed, and whose execution had been respited by governor Tryon, received the king's absolute par- don. On the 24th, governor Martin granted a char- ter to the inhabitants of the town of Tarborough, in the county of Edgecombe, allowing them, among other privileges, that of electing a member to sit and vote in the house of assembly.
The meeting of the legislative body was postpon- ed till the 25th of January. . The governor apprised the houses, he had the king's command to propose the passage of an act of general pardon and oblivi- on, in favor of the persons, concerned in the late troubles, the effect of which was, however, to be
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suspended till the king's pleasure was known, and expressed his hope, that, after extending mercy to the offenders against the public peace, it might be thought becoming the superintending care of the le- gislature to promote its future security, by perma- nent laws. He drew the attention of the house, to the necessity of framing a court system, on certain, · settled and permanent principles, the acts for the establishment of the superior and inferior courts, which had been made temporary, expiring at the end of the session.
A select committee was appointed to frame a court law; they were instructed to make provision for the es- tablishment of superior and inferior courts, in one bill; to vest theappointment of the clerks of the superior court, which heretofore belonged to the clerk of the crown, in the chief justice; to restrain the clerks of the pleas from selling the offices of clerks of inferior courts; to vest the power of granting letters of administration and testamentary, in the inferior, to the exclusion of the su- perior courts; to extend the jurisdiction of a justice, out of court, to causes to the value of five pounds.
A bill, framed according to those instructions, having passed the house of assembly, the council, on its third reading, proposed, that the district of Hillsborough should be abolished, and a new one erected at Camp- bellton, to be composed of the counties of Anson, Cumberland, Chatham, Guilford and Wake, and that the counties of Orange and Granville be added to the district of Halifax; that, in all cases of attachment, where the defendant resided in Europe, proceedings should be staid, before plea, one year; that the inferior court of pleas should be held by justices of the quorum; that
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the clerk of the pleas should be permitted to reserve to himself a reasonable proportion of the profits and emol- uments of the clerks of inferior courts. The house of assembly refused to concur with any of the amendments, except the second; the council passed the bill: it con- tained a clause, suspending its effect, till the king's plea- sure was known, and, in this shape, received the gover- nor's assent.
Some immediate provision, however, being indispen- sable, separate bills were introduced, to renew and con- tinue, for a limited time, the acts under which the supe- rior and inferior courts had hitherto been holden. On the third reading of the superior court bill, in the house of assembly, a clause was struck out, which had been introduced as an amendment, in the council. The ob- ject of it was to exempt the estates of such persons, as had never resided in the province, from the process of attachment, otherwise than according to the laws and statutes of England. On the return of the bill, the council insisted on their amendment, observing, that it was so penned, as to give to the people of the province every benefit, enjoyed by the people of England, in res- pect to attachments, and what that benefit was, or how far restrained, was left at large for the construction of courts of law.
The house answered, that they had struck out the clause, inserted by the council, after the most mature deliberation; they were of opinion, that it would be highly inconsistent with the commercial policy of the province, to reliquish the benefit of the attachment of the effects of those, who did not reside in the province, as from the absense of their persons, the creditors had no
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security, but what was derived from their property in the province, upon the faith of which, those debtors had, in many instances, obtained credit. They added, the privilege they claimed, was exercised by many, if not by all the American provinces, varied agreeably to the cir- cumstances of each particular place, and regulated by colonial laws, and, in some instances, by the municipal customs, in certain liberties and franchises of Great Britain: and as they could observe nothing in their par- ticular constitution that could vindicate a construction, so injurious to the country, they could not, in justice to themselves and their constituents, assent to it. They took notice, that the clause, proposed by the council, was not confined to the inhabitants of Great Britain; but ex- tended its influence to persons, resident in other colonies, whose effects were thereby, guarded from attachment for any debt they owed to the inhabitants of the province, whose property was liable to become the subject of at- tachment, at their suits, for any debt they might owe to them.
The same amendment was made to that part of the in- ferior court bill, which related to judicial attachments; the house resisted the introduction of it, on the ground of its inutility; for, as the bill stood, the sheriff could not return that the defendant could not be found, unless he had been at his house or place of abode. The clause appearing in perative, the house thought themselves bound to reject it, as its introduction would be consid- ered, as presumptive evidence of an inclination, on their part, to relinquish the right of attaching the estates of persons, who had never resided in the province; a right which, under proper regulations, would appear equita- ble, and was essential to the well being of the colony.
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They avowed it, as the sense of the house, that, by the laws and customs of Great Britain, no provision was made for attachments : that as far as they were known there, they existed by municipal customs, were con- fined to liberties and franchises, governed by the particu- lar circumstances of place and people, and so essentially local in their application, as not to admit of being ex- tended by any analogy to the province; and as they would have to be referred, in case the amendment of the council took place, to the laws and statutes of Great Britain, for a remedy by attachment, the application must, from what had been observed, be altogether nu- gatory and fruitless.
They expressed their belief, that the judges of the courts of law, zealous for the welfare of the province, would give a liberal construction to the clause proposed ; but, by the laws in force, their decisions would be con- fined and fettered. With this restriction, the house thought, no legal, just interpretation could be formed, but what must operate as a denial of the benefits sought from the attachment laws, and they thought that, to se- cure so important a privilege, the mode of exercising it should be grounded on certainty, the law positive and express, and nothing left for the exercise of doubt and discretion.
They mentioned, as a circumstance that could not have escaped the notice of the council, that the law was to continue in force for six months, and from thence to the end of the next session of assembly ; and in the manner in which the house had passed the bill, it was incumbent on the creditor to give his foreign debtor notice for a twelvemonth, before he could bind his effects by attachment : so that it was left altogether in Y. CARO. IT. 38
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the power of government, to prevent this law having any effect whatsoever, with regard to foreign debtors, by putting an end to its operation, before twelve months (which must necessarily be the case) or a longer time expire.
The house bore the fullest testimony to the necessity of courts of law ; and the many disadvantages which must arise from a failure of a due distribution of jus- tice, on the criminal side, they observed, were too ob- vious to be mentioned ; they hoped, the council would equally feel for the honor and interest of the province, and conscious of the benefit that had been derived by the people, from the right they had hitherto enjoyed, of attaching the effects of foreigners, they would not part with a provision, grounded on the principles of mutual and reciprocal justice, the privation of which must ne- cessarily destroy that confidence and credit to foreigners and the neighboring colonies, upon which the trade and prosperity of the province depended.
The council rejected the superior court bill ; the in- ferior court bill passed, but the governor withheld his assent from it.
A claim being presented to the house of assembly, for services stated to have been rendered the province, in running the late dividing line between the province and South Carolina, the house resolved, that, as the last as- sembly had so fully expressed the sense they had of the injury that would accrue to the colony, should the line they proposed to be run be carried into execution, and as the house were actuated with the same sentiments, they could not, by any means, consider any person em- ployed in that service, as the servant of the province, and consequently could not think him entitled to any
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allowance from the province, for any aid in the execu- tion of a measure, so detrimental to its interest.
The house directed the committee of correspondence, to instruct the agent of the province to push the applica- tion concerning the liberty of importing salt from Lis- bon into the southern provinces, with the aid of other agents ; to endeavour to obtain some beneficial altera- tions in the present laws relative to naval stores, such as a liberty of proceeding to other ports of Europe, after touching at any port of England, and offer made to the navy, and also the liberty of conveying naval stores to any of the islands in the West Indies, in time of peace ; both regulations to be subject to the control of the trea- sury, on apprehensions of war, &c. ; to procure a con- tinuance of the bounty on timber and staves, and to re- gulate it so as to suit American timber, the present di- mensions being taken from the timber in Germany ; to represent the particular distress and situation of the af- fairs of the province, especially as to the want of a cur- rency, or other medium by which debts could be paid or executions satisfied ; and that it was on these grounds the present valuation law had been passed; that being entirely confined to the inhabitants of the province, and in no way affecting British property, it was to be con- sidered as an internal regulation ; and to use his best en- deavours to prevent the repeal of it; to recommend to his best care, the act, with the suspending clause, for the establishment of courts; to furnish him with the reasons on which it was passed, and to direct him, im- mediately and unremittingly to apply for the king's al- lowance of that act ; the province having the melancholy prospect, till bis pleasure was known, of continuing
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without court laws, exposed to every dreadful circum- stance that may attend the want of them.
To enter at large into the proccedings on the bill for continuing the superior court act for six months, and the great and important reasons that induced the house not to comply with the propositions made them concern- ing original attachments ; that the house conceived they had fully guarded the property of new residents, by the clause proposed in the law sent home, and that so im- portant did this matter appear to the province, that they could not think, by any means, of giving it up, and they submitted themselves and the unhappiness of their pre- sent situation, to the king's paternal goodness, not doubt- ing but they would meet relief ; choosing rather the mis- fortune of a temporary deprivation of laws, than to form a system whereby they might be left without any re- medy on that point.
To explain to him the reasons, on which the expenses of running the southern boundary line, were not paid ; that, in case another line should be ordered to be run, after weighing the complaint of the house, they would cheerfully answer the whole expense.
That as lord Granville's office had been shut for seve- ral years past, to the great inconvenience and grievance of the inhabitants of his territory, the agent might be di- rected to use his utmost endeavors, at the several boards, to induce the king to purchase the title of lord Granville, and that the lands in that part of the province, might be holden of the king, as in the others.
The house came to a resolution, nem. con. that the right of attachment of the effects of foreigners had been long exercised by the inhabitants of the province, in common with the other provinces in America, and se-
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veral trading cities, liberties and franchises in Great Bri. tain ; that it had been found greatly beneficial to its trade and commerce, and the security of the property of indi- viduals, and that the house could not, by any public act of theirs, relinquish this right, without at the same time abandoning the interest of their constituents and the peace and happiness of the province.
They directed their clerk to cause this resolve to be published, with all the messages that had passed between the two houses, in all the gazettes of the province, and of Virginia and South Carolina.
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