USA > North Carolina > The history of North Carolina from the earliest period, Volume II > Part 23
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regulations for the future disposal of his lands in the province. excepting to such reduced officers and soldiers to whom lands were directed to be granted. by his proclamation of the 7th of October, 1773; but had signified that it was not his intention that those persons, who had hitherto obtained warrants of survey. should be precluded from ripening them into grants, or that any claim to a grant, founded on any antecedent step, that could give an equitable title to it should be precluded.
During the summer, the people, in the different parts of the province, openly avowed their inten- tion of joining in the measures. proposed by the in- habitants of the province of Massachusetts. Meet- ings were held in the principal towns and in several of the counties, and a general one was proposed, to be composed of deputies, chosen in every county and town, entitled to representation, in the legisla- ture. It was recommended to the delegates, to meet in the town of Newbern, on the 25th day of August.
On the 13th of that month, the governor issued his proclamation, complaining of the meetings which had then been held, without any legal authority. and in which, he said, resolves had been entered into and plans concerted, derogatory to the authori- ty of the king and parliament. and stating his ap- prehension. that the same inflammatory, disloyal and indecent measures might be adopted in such future assemblies, inconsistent with the peace and good order of the government. tending to excite clamor and discontent among the king's subjects, requiring the people, on their allegiance, to forbear to attend
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any such meetings, particularly the general one, and requiring the king's officers to oppose such meet- ings to the utmost of their powers.
The deputies, however, attended on the day ap- pointed, and began their session, without any ob- struction: they made choice of John Harvey, of the county of Perquimans, as their moderator.
The council. having been convened by the gover- nor, and consulted on the steps which were most proper to be taken, advised him that "nothing could be done."
The meeting proceeded to business, and entered into a number of resolutions; in the preamble of which, they declared themselves impressed with the most sacred regard for the British constitution, and determined to maintain the succession of the house of Hanover. They expressed their unshaken fidel- ity to their sovereign and their attachment to their fellow subjects of Great Britain: asserting. that, viewing, with the utmost abhorrence, every attempt which might tend to disturb the peace and good order of the colony, or to shake the loyalty of the. king's subjects, residing in it; but, at the same time, stating, that they conceived it a duty which they owed to themselves and their posterity, in the aların- ing state of British America, when their most essen- tial rights were invaded, by powers. unwarrantably assumed by the parliament of Great Britain, to de- clare their sentiments in the most public manner, lest their silence should be construed as an acqui- escence, and as a very strong evidence of their pa- tient submission to the burden lately imposed on them.
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After these preliminary declarations, they made a for- mal recognition of George III. as the lawful and right- ful king of Great Britain and her dominions, and of the province of North Carolina and parts thereof, avowing their faithful and true allegiance to him, as their sove- reign.
They stated, that they laid claim to no more than the rights of Englishmen, without any diminution or abridgement, which, it was their indispensable duty, and would be their constant endeavor, to maintain to the utmost of their power, consistently with their loyalty to the lawful sovereign and their great regard for the con. stitution.
They asserted it to be of the very essence of the Bri- tish constitution, that no subject should be taxed, but by his own consent, freely given, in person, or by his legal representative, and that any other mode was highly derogatory to the rights of the subject, and a gross vio- lation of the grand charter of their liberties; and that, as the British subjects, resident in America, had not, nor could they have, any representation in the parliament of Great Britain, any act of that body, imposing a tax on them, was illegal and unconstitutional, and the pro- vincial assemblies (the king, by his governor, constitu- ting a branch thereof ) were alone competent to tax the people of their respective colonies.
They declared, that the duties, imposed by several British statutes upon tea and other articles, consumed in America, for the purpose of raising a revenue, were highly illegal and oppressive, and that the late exporta- tion of tea, by the East India company, to different parts of America, was intended to give effect to one of the said acts, and, to establish a precedent, dishonorable
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to America, and to obtain an implied assent to the pow- ers which Great Britain had unconstitutionally assumed, of levying a tax on the American people without their consent.
They bestowed high encomiums on the inhabitants of the province of Massachusetts, for having distinguished themselves in a manly support of the rights of America in general; recognized the cause, in which they were suffering, as that of every honest American, deserving the blessings which the constitution bestowed on them; and bewailed the grievances under which the town of Boston was laboring, as the effect of a resentment levell- ed against its inhabitants, for having stood foremost in an opposition to measures, which must, eventually, in- volve all British America in a state of abject dependence and servitude.
They reprobated the statute, commonly called the Boston port act, as the most cruel infringement of the rights and privileges of the people of Boston, both as men and members of the British government, and the late statute for regulating the police of the province of Massachusetts, as an infringement of the charter right, granted by king William and queen Mary, and tending to lessen that sacred confidence which ought to be plac- ed in the acts of kings; and the bill for altering the ad- ministration of justice, in certain criminal cases, within the province of Massachusetts, empowering the gover- nor to send to Great Britain, for trial, all persons who, in aid of the king's officers, should commit any capital offence, as fraught with the highest injustice and partiali- ty, and tending to produce the frequent bloodshed of the inhabitants of the province, while it furnished an op- portunity of committing the most atrocious crimes with
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the greatest impunity and without the least probability of punishment.
They asserted, a trial by a jury of the vicinity to be the only lawful inquest that could pass on the life of a British subject; and the right to it had been handed down to them from the earliest ages, confirmed and sanctioned by Magna Charta, and that every subject, punished without it, was not a victim to public jus- tice; but a sacrifice to the power of tyranny and high handed oppression.
They bound themselves not to import after the first day of January, from Great Britain, any East India merchandise, except medicine, nor from the West India, any East India or British goods, nor purchase them imported by other persons, after that day; not to export tobacco, naval stores, or any other to Great Britain, nor sell the same for exportation there, after the first day of October, 1775, unless American grievances were pre- viously redressed; not to import or purchase any slaves imported by others, after the first day of November; not to use, or suffer to be used in their families, any East India tea; and to consider all persons in the province, not complying with these engagements, as enemies to their country.
They voted, that the vendors of merchandise, in the province, ought not to take any advantage of the non- importation, and sell their goods at the rates they were hitherto accustomed to sell.
The deputies manifested their approbation of the proposition of holding a general congress in the city of Philadelphia, in the month of September, to deliberate on the situation of British America, and to concert measures to effect the purpose of defending with cer-
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tainty the rights of Americans, repairing the breach made in those rights, and guarding them for the future, from any violation, under the sanction of public author- ity. They declared, that the people of the province would break off all intercourse with any colony, city, town or individual, who would refuse or neglect to carry into execution such general plans as might be adopted by the continental congress; and that, viewing the attempts made made by the minister upon the town. of Boston, as a prelude to a general attack on the rights of the other colonies, they determined on contributions, in proportion to their abilities, to ease the burdens im- posed upon that town, for their virtuous opposition to the revenue acts, that its inhabitants might be enabled to persist in a prudent and manly opposition to the schemes of parliament and render its designs abortive.
Proceeding to the choice of deputies to the continen- tal congress, their suffrages united in favor of William Hooper, of the county of Orange, Joseph Hewes, of the town of Edenton, and Richard Caswell, of the county of Dobbs.
They were instructed to express the people's sincere attachment to the person and family of their sovereign, their determination to support his lawful authority in the province, and, in the meantime, their steady adherance to the first law of nature, a firm and resolute defence of their persons and properties against all unconstitutional encroachments whatever. To assert the right of the people to all the privileges of British subjects; particu- larly, that of paying no tax or duty, without their con- sent, and the exclusive power of the legislature of the province to make laws to regulate its internal polity, subject to the king's disallowance. To concur with the
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delegates or deputies from the other provinces, in such regulations, addresses and remonstrances, as may appear conducive to a lasting harmony and good understanding with Great Britain, a circumstance most sincerely and ardently wished for.
It was resolved that, at every future provincial meet- ing, the votes should be taken by counties and towns, and it was recommended that a committee of five be · chosen in each county, by such persons as should ac- cede to the measures now proposed, to see that they be properly carried into execution, and correspond occa- sionally with the provincial committee of correspondence of the province.
. The moderator, or in case of his death, Samuel John- ston, of the county of Chowan, was empowered to con- vene the present deputies, or such as might thereafter be chosen, on any occasion that might require it.
Records-Magazines-Gazettes.
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. THE continental congress began its session in the city of Philadelphia, on the 4th of September, 1774. It was composed of delegates from all the British American provinces, except those of Canada, Nova Scotia, Georgia and Florida. Peyton Randolph, the speaker of the late house of burgesses, of the province of Virginia, was called to the chair of this august body: they proceeded on business, with closed doors, and the members were required to devulge such parts of it only, as the majori- ty deemed unnecessary to remain secret.
The state of the province of Massachusetts, was one of the first objects of the consideration of the congress. They expressed their sympathy for the sufferings of the inhabitants of that province, under the operation of the late unjust, cruel and oppressive acts of the British par- liament, and their most thorough approbation of the wisdom and fortitude with which, opposition to those unjust measures, had hitherto been conducted, and they earnestly recommended, to their brethren, a perseverance in the same firm and temperate conduct, in the hope, that the effect of the united efforts of North America, in their behalf, would carry such conviction to the British na- tion, of the unwise, unjust and ruinous policy of the British administration, as quickly to introduce better men and wiser measures.
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They also recommended, that contributions, from all the colonies, for supplying the necessities and alleviat- ing the distresses of the people of Boston, should be continued; and that the merchants, in the respective pro- vinces, should forbear to send to Great Britain, any orders for goods and countermand those already given: and, some days after, resolutions were passed, for the suspension of the importation of goods from Great Bri- tain and Ireland, and their dependencies, and of all goods manufactured there, after the first day of December, and inhibiting the purchase or use of any such goods. All exports to Great Britain, Ireland and the West Indies were directed to cease after the 10th of September, 1775, if the grievances of the American people, were not then redressed. The form of an association, for carrying into effect the requisitions of the congress, was drawn up, and subscribed by every one of the delegates.
A declaration of the rights of the inhabitants of the British American provinces, was framed and reference was made to all those which the parliament had lately violated. A petition to the sovereign, addresses to the people of Great Britain, the inhabitants of the province of Quebec and the twelve provinces, represented in con- gress, were drawn up, and letters were addressed to " those who had neglected to send delegates, inviting them to join their brethren in what was deemed the common cause.
The congress recommended the meeting of the other delegates, on the 10th of May, and adjourned on the 26th of October.
In the course of the fall, governor Martin visited the province of New- York, and the administration of gov- ernment devolved, during his absence, on James Hasell,
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the councillor first named in the king's instructions, as president and commander in chief.
At the recommendation of the continental congress, contributions were now raised with great cheerfulness, for the relief of the inhabitants of the town of Boston, throughout the province; merchants of the first respecta- bility, undertook to store and ship, to the port of Salem, the provisions which were, by this means, obtained: committees were also appointed, in every county and in the chief towns, to see the articles of association, entered into by congress, faithfully and punctualy carried into execution.
Governor Martin returned from New-York, in the beginning of the new year. On the 10th of February, he issued a proclamation, relative to a purchase lately made by Richard Henderson, one of the late associate justices of the province, and his partners, from the Che- rokce Indians, of a tract of land, about three hundred miles square, in payment of which, among other goods, a quantity of ammunition had been promised. This purchase excited the alarnt of government and the peo- ple, from another circumstance: the company had issu- ed advertisements, inviting debtors, fugitives from jus- tice, and all persons, in desperate circumstance, to repair to the new acquisition, where assurances of an asylum were held out. The purchase included lands within the limits of the province of Virginia, and a portion of the lands granted by the king to the earl of Granville: it was made in violation of the king's proclamation, of the 7th October, 1763, and of an act of the legislature of the province, forbidding the acquisition of Indian lands. by individuals.
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The meeting of the legislative body being fixed on an early day, in the month of April, at Newbern, John Harvey, of the county of Perquimans, the moderator of the late meeting of deputies, summoned them to meet at the same time and place, for the purpose of choosing delegates, to attend the continental congress, in the month of May. His advertisement was followed by a proclamation of the governor, intended to counteract its effect.
The delegates, most of whom were members of the assembly, met on the same day as the the legislature; and John Harvey was called to the chair of the assembly and that of the convention of deputies.
In addressing the house, on the 4th of April, the go- vernor said, he met them with the hope that, dismissing every cause of private dissention from their minds, they would calmly, unitedly and faithfully apply themselves to the high and important office of legislation, in which they had so great a share, according to the constitution of their country, which now called upon them for relief, in a most peculiar and pressing manner: he looked with concern and horror to the consequences of the violent and unjustifiable proceedings, in some of the provinces on the continent, where, in many places, the innocent, unwary and ignorant part of the people' had been cruelly betrayed into measures, highly inconsistent with their duty and allegiance to their king and state, tending to involve them in the most embarrassing difficulties and distress, and which, if pursued, must inevitably precipi- tate the colonies from their present unparalleled state of prosperity into a train of miseries. most dreadful to con- template: from which ages of time would not redeem them to their now envied state of felicity.
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He observed, the members of the houses were bound by their duty to the king, the state and the people, as well as he was by his, to obviate the contagion of these evil examples in the province, and to defend it, if possi- ble, from the ruin and destruction to which they plainly led.
He expressed his infinite concern on the unhappy influence they already had. The meetings, to which the people had been excited, the appointment of committees, the violences those little, illegal, unrestrained and arbi- trary tribunals had done to the rights of the king's sub- jects, the flagrant and unpardonable insults offered to the highest authorities of the state, by some of their acts. which had been made public, and the stop which had been put, in some of the counties, to the reguiar course of justice, in imitation of the unwarrantable measures, taken in other colonies, but too plainly evinced their baneful progress in the province, and loudly demanded the most effectual exertion of their restraining and co- ercing powers.
Addressing himself to the assembly, he told them they were now, by their duty to themselves and their con- stituents, most particularly called upon to oppose a meeting of the delegates, which the people had been invited to chose, and who were appointed to assemble in the place of the legislature. This illegal meeting, he said, pursuant to his duty to the king and the constitu- tion of the country, and from his regard for the dignity of the house and the just rights of the people, he had endeavored to counteract and should continue to resist by every means in his power.
He asked what all this could mean? Whether the members of the house were not the lawful representa-
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tives of the people in the province, and competent to every lawful. purpose? Whether they would submit to see their constituents misled, to violate their dearest privileges, by wounding their dignity and setting up representatives, derogatory to their just power and au- thority?
He added, this was an insult to the house of so vio- lent a nature, that it appeared to him to demand their every possible discouragement; for its evident tendency was to create a belief in the minds of the people, that they were capable of electing representatives of superior powers to the members of the house, which, if it could possibly obtain, would lead, by obvious consequences, to the destruction of the essence, if not the very being, of an assembly in the province, and, finally, to the utter dissolution and overthrow of its established happy con- stitution. This, he said, was one of the fatal expedients employed in some of the other colonies under the influ- ence to factious and vicious men, intent upon promot- ing their horrid purposes, at the hazard of their coun- try's ruin. He declared himself willing to believe they had been adopted in the province, more from a spirit of imitation than ill principles, and that the houses, clearly discerning the mischiefs with which they were pregnant, would heartily concur with him in opposing the first dawnings of so dangerous a system.
As an object of the greatest consequence to all the colonies, he recommended it to the attention of the legis- lature, to employ their utmost care and assiduity to re- move those false impressions, by which the engines of sedition had labored to effect, but too successfully, a most unnatural division between the parent state and the colonies, which, under her protecting, indulgent and fos-
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tering care, had attained a degree of prosperity beyond all example; while the basest arts had been practised upon the innocent people, who had been blindly led to . partake in a guilt, to which their hearts were confessedly averse, and thus, step by step, they were likely to be seduced from their duty, and all the bonds of civil socie- ty destroyed, unless timely remedies were applied, a me- lancholy prospect, that must seriously alarm every good subject, every humane, every honest man.
He besought the members of the houses, as guardi- ans of the constitutional rights of the people, rigorously to oppose proceedings, so manifestly subversive of their freedom and happiness; to undeceive and lead them back from the dangerous precipice, to which an ill spirit of faction was urging them, to the path of their duty ; to set before them the sacred tie of allegiance, by which, as subjects, they were bound to the state; to inform them of the reciprocal benefits, which their strict ob- servance of it would entitle them to, and to warn them of the danger to which they must expose themselves and property, and all that they held dear, by revolting from it.
He took notice that the members, both in the houses and in courts, bad, in their several capacities, frequent opportunities, most solemnly to swear their allegiance, which was an implied duty from every subject, when it was not professed and declared, a circumstance which must have brought it home to their consideration : hence, he thought, they must be well qualified to ex. plain the obligatory nature and importance of it to the people, who would naturally look up to them for a rule of conduct, in these wild and distempered times ; he de. clared his hope, that, taught by their example, the peo-
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ple would immediately return to their duty and obedi. ence to the laws, and gladly free themselves from that tyranny, which ill directed zeal and lawless ambition, by all the arts of misrepresentation and delusion, were . courting them to submit to.
He mentioned, with satisfaction, that he had already received signal proofs of the steady loyalty and duty of a great number of the good people of the province, and he had the fullest assurance, that many more would fol. low their laudable example ; he congratulated the houses upon these favorable presages, which, he persuaded him- self, they would improve, to the honor and dignity of their country:
He said, the state of the colonies was, at the time, the subject of the deliberations of the great council of the na- tion, from whose wisdom and justice, every thing ought to be expected, consistent with the principles of the con- stitution and the general welfare of the empire, while the colonies continued in their duty, and the confessedly ge. nerous character of Britain, and the magnanimity of the sovereign, who, through the whole course of his reign, had uniformly made the happiness of his people the ob- ject of all his views, and the rule of action insured it; on this great arbiter of British rights, he thought it be- come them to rely, with the fullest confidence, and to deserve, by a dutiful behaviour, its favorable regard.
He observed, that, if the people of the province had any representations to make to the supreme powers of the state, the assembly were the only legal and proper channel of their applications, through which they might be assured of every attention to their dutiful petitions, and he trusted the house tendered too highly the rights of the people, committed to their guardianship, and
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inew too well the limits of their own power, to consign them to any other hands, that must not only be disquali- ied to serve the people, but would infallibly divest the house of that dignity and consequence, which belonged to them, as the representatives of the people.
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