USA > North Carolina > The history of North Carolina from the earliest period, Volume II > Part 7
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27
Andrew Lewis informed governor Dobbs that, on his arrival at Chota, he had received the kindest usage from Old Hop, the little carpenter, and that the Indians in general expressed their readiness to comply with the late treaty with the Virginia commissioners (Byrd and Randolph). They manifested these disposition while the fort was building ; but, when it was finished, and they were pressed to fulfil their engagements and send warriors to Virginia, they equivocated. Andrew Lewis observed, that the French and their Indian allies, the Savannahs, kept a regular correspondence with the Cherokees, especially those of the great town of Tellico. He expressed his opinion, that some scheme was on foot for the distress of the English back settlers, and that the Cherokees greatly inclined to join the French. While he was at Chota, messages had come to the little carpenter, from the Nantowes, the Savannahs, and the French, at the Alabama Fort. He took notice that the objects of the communications were industriously con-
89
THE FIFTH.
17571
1
cealed from him, and that a great alteration, in that chief's behaviour towards him, had ensued. In return, towards the latter part of September, a Frenchman who had lived for a considerable time among the Cherokees, accompa- nied by a Cherokee wench who understood the Shawa- nees tongue, went from Chota to the Alabama Fort, and to the Savannah Indians. The object of his visit to the French, was to press them for the accomplishment of a promise the commander of the fort had made, to send and have a fort built among the Cherokees, near the town of Great Tellico. The communication concluded by observing, that the Indians had expressed a wish that captain Dennie, sent by theearl of London, with a corps of two hundred men to garrison the fort, might return to Virginia, the Indians being displeased at seeing such a large number of white people, well armed, among them, expressing a belief, that their intention was to de- stroy any small force that might be sent, in order to take the fort and surrender it to the French.
On this information, captain Hugh Waddle was sent with a small force to reinforce captain Dennie.
In the month of January, governor Dobbs went to Philadelphia to attend a council, composed of the gover- nors of the southern provinces, called thither by the earl of Loudon, in order to concert measures for their pro- tection while the commander in chief would carry on more important operations in the northern provinces.
Preparations had been early made, for an expedition against Louisbourg. A general embargo was laid in the beginning of March, on all vessels throughout the provinces, from Nova Scotia to North Carolina : it con- tinued until June. The object of it was to procure shipping for the transportation of soldiers, provisions,
N. CARO, II. 12
90
CHAPTER 11757
stores, artillery, &c. Four hundred and fifty men, of of the first battalion of American royalists, were ordered to South Carolina, under colonel Bouquet.
In the latter part of June, the transports sailed from the different provinces to Halifax : they carried about six hundred regular troops. In their passage, they es- caped being taken by a French fleet, which had been cruising about five days before, near the mouth of the harbor. Five weeks were spent, at Halifax, in holding councils. The result of these deliberations was the determination of laying aside the expedition against Louisbourg. In the meanwhile, the marquis de Mont. calm, availing himself of lord Loudon's absence, pro- ceeded to Crown Point, with about ten thousand men, consisting of regular troops, Canadians and Indians, from whence he marched to Fort William. Having, after a siege of five or six days, taken and demolished it, he made the garrison, which consisted of about two thousand men, prisoners of war, made himself master of a large quantity of provisions and stores, and secured the entire possession of the lakes.
Some time after his return from Philadelphia, gover- nor Dobbs received an application for succour, from the province of South Carolina. Governor Lyttleton in- formed him that the neighboring Indians, excited by the French, grew daily more troublesome, and the colo- ny found itself unable to resist them without aid. The legislature was, thereupon, convened : they held their fourth session at Newbern, on the 16th of May. An aid was granted to the king, for the relief of the sister pro- vinces and for the defence of the frontiers.
Parliament, this year, at the king's recommendation, granted a sum of fifty thousand pounds sterling, to the
91
THE FIFTH.
7757]
provinces of Virginia, North and South Carolina, as an indemnification from the expenses of war. The pro- portion of North Carolina was three fourths of fifteen thousand dollars.
The general assembly held its fifth session at New- bern, on the 20th of November. Governor Dobbs ob- served, that the affairs of Europe, Great Britain and the American provinces, were now in a most critical situa- tion, by means of a most unnatural alliance, entered into between the houses of Austria and France, into which they had drawn the empress of Russia, against the only protestant power of Germany, who could support its civil and religious liberties : he said the king's German dominions were overrun by a superior French army, and, consequently, the protestant interest of Germany and the rest of Europe was in the greatest danger; and all the forces the king had been able to spare, for the relief of his American provinces, had not been suffi- cient to di-lodge the French, from their encroachments on the frontiers of the British dominions, in America.
He informed the houses of the late parliamentary grant, and of the arrival of the artillery and ordnance stores for Fort Johnston, and hoped that these instances of the king's paternal goodness might animate them to contribute with zeal, to the support of the expenses of the war.
He drew their attention to an evasion of the clergy law, common in many counties. The inhabitants combining to elect such vestrymen as they knew would refuse to act; he noticed the great defects in the inspec- tion laws.
An act was passed, granting an aid to the king, for the subsistence of the troops, necessary to be kept for the
92
CHAPTER [1758
defence of the province, and for keeping up the fortifi- cations on the sea shore. Authority was given to Ed- mund Atkins, who had lately been appointed by the king, superintendant of Indian affairs, to regulate the In- dian trade, with a view to unite the tribes in alliance with the British, and strengthen their attachment, some trif- ling amendments were made in the inspection laws ; but the governor's recommendations in regard to the vestry act was entirely disregarded.
At the close of this year, the affairs of Great Britain in America, bore a gloomier aspect than at any other pe- riod. The success of the French arms on the lakes, and the untoward issue of the late expedition against Fort Duquesne, left them the almost undisturbed possession of the Indian country, and consequently, an absolute influence over most of the tribes. The British, on the contrary, were confined to a relatively nar- row slip of land, between the Allegheny and the Atlantic.
Early in the following year, a circular letter from the new minister, William Pitt, assured the governors of the American provinces, that. in order to repair the losses and disappointments of the late inactive campaign, it had been determined to send a formidable force, by sea and land, against the French in America; and he called on them to raise and procure as large bodies of men, within their respective governments, as the num- ber of inhabitants might allow. Arms, ammunition, tents, provisions and boats, would, he said, be furnished by the crown; but it was expected the provinces would clothe and pay their men. Assurances were held out of a recommendation to parliament, to indemnity the colonies.
93
THE FIFTH.
1758]
Accordingly. admiral Boscawen arrived early in the spring at Halifax, with a formidable fleet and about twelve thousand chosen troops, under the or- der of Sir Jeffrey Amherst. The command of the British forces in America, on the departure of lord Loudon, bad devolved on general Abercrombie, who when joined by Sir Jeffrey, found himself at the head of the most powerful army ever seen in the new world. His whole number, comprehend- ing troops of every description, was fifty-two thou- sand, two thirds of whom were Americans.
Three expeditions were proposed for this year, one against Louisburg. another against Ticondero- ga and the last against fort Duquesne.
This was the one in which the southern provin- ces felt a principal, because of a more immediate interest. Their exertions were commensurate with it.
The legislature that sat at Newbern on the 28th of April, granted an aid to the king, for aug- menting the troops, then in the pay of the province, to be sent to reinforce the army which was under the command of general Forbes, to march against fort Duquesne. to pay them while in that service, and for placing garrisons in the forts of the province.
The town of Hartford, in the county of Perqui- mans, was established this year.
The season requiring the labors of the husband- man, the legislature rose soon after passing the aid bill.
On the 8th of July, general Abercrombie attack- ed the French entrenchment at Ticonderoga, near lake George, but after a desperate push, he was
94
CHAPTER
[1758
obliged to retire with great loss to his old camp on lake George, to avoid a total defeat.
Admiral Boscawen and Sir Jeffrey Amherst were more fortunate, aud about the same time reduced the fortress of Louisbourg and soon after conquered the whole island of Cape Breton.
On the 27th of August, colonel Bradstreet took fort Frontenac and destroyed provisions and am- munition to a vast amount. He sunk seven vessels on the lake, took two and burnt the fort to the ground.
The general assembly held its seventh session in the town of Edenton, on the 23d of November. After acquainting them with the late successes of the king's arms, governor Dobbs impressed on their attention the necessity of protecting the sea coast; privateers often coming in, cutting out vessels from their moorings and sometimes even insulting the plantations near the shore; he also recommended objects of domestic concerns.
In compliance with the governor's recommenda- tion, an aid was granted to the king for the support of the establishments of fort Johnson and fort Gran- ville.
On the report of a committee of the two houses, appointed to view the country near Neuse river, and report the most elligible spot for the seat of the government of the province, an act was passed for establishing a city to be called Tower Hill. on a plantation belonging to governor Dobbs, on Coten- ney creek, near the spot on which the court house of the county of Greene now stands. A governor's house and such buildings as the service of the pro-
95
THE FIFTH.
1753]
vince required were directed to be built there. The new city was declared the seat of the govern- ment of the province; but the operation of the act was suspended till the king's pleasure was known.
The superior court for the counties of Edge- combe, Granville and North Hampton was removed from Enfield to the town of Halifax.
The counties of Edgecombe and Johnston were di- vided, and the western part of the latter was erected into a new county, which, in honor of the governor, was called Dobbs; and the northern part of the for- mer into another, to which the name of Halifax was given; and a town was erected on the east side of Little river, in the county of Pasquotank, which was named Nixonton, after the owner of the soil.
Soon after the rise of the legislative body, ac- counts reached the province from general Forbes, to whom the conduct of the expedition against fort Duquesne had been entrusted, that he had march- ed as early as the month of July, with the main bo- dy of his army. The delays in procuring the rein- forcements from the different provinces, and the dif- ficulties. opposed by the ruggedness of the country, were so great, that the general did not reach fort Duquesne untill the month of November. His force was eight thousand men. Alarmed at the ap- proach of so formidable an army, the garrison, de- sorted by the Indians, abandoned the fort the even- ing before the general reached it, and escaped down the Ohio.
The British changed its name, calling it fort Pitt, in honor of a favorite minister. The occupation of this post was an object of vast moment to the Brit-
96
CHAPTER
[1758
ish, and the southern provinces contemplated in it the guarantee of their future security. It had ena- bled the enemy to command the numerous nations of Indians, dwelling along the Mississippi, and with them they made frequent incursions on the western settlements of the colonies. The Indians, who gen- erally side with the stronger party, observing the defection of their former allies, were found ready to accept the protection of the combined forces; the opportunity was improved and a treaty entered into with the nations between the Ohio and the lakes.
The joy, which the reduction of fort Duquesne excited in North Carolina, was not. however, of long duration: the flight of the French southwardly dis- appointed the hopes of security, which the success of general Forbes had created. The scene of ac- tion was only changed and brought nearer; and while danger ceased to be apprehended from the northern Indians, the Cherokees and their neighbors began to excite the fears of the inhabitants of the Western counties.
These Indians had uniformly assisted the British in their different attempts against the French, in compliance with the stipulations of treaties. The horses, in this part of America, running wild in the woods, were considered as the property of the first captor: and while the Cherokees returned home, af- ter having left the army of general Forbes, a num- ber of them, having been dismounted, seized such of those animals as they found on their way through the back settlements of Virginia. The injury was vindicated by arms, before any attempt was made to redress it by less violent means. Twelve or four-
1
97
-
THE FIFTH.
1758]
teen of the Indian warriors were killed and a greater number made prisoners. It is not surprising that the- Cherokees, among whom rules of property are not very accurately defined, should have been greatly provoked by a treatment which, cruel as it would have been under different circumstances, was aggravated by that of its being committed against men, many of whom had suf- fered, buen wounded, and lost several of their relations and friends in the defence of the aggressors. Some of the Indians reached their towns, besmeared with blood, and when they informed their friends they had been wounded by their white allies, who had murdered their companions, indignation rose to its highest pitch. The relations of the dead and the wounded ran furiously about, supplicating their countrymen to follow and as- sist them in avenging their wrongs. In vain the aged chiefs endeavored to prevail on the young warriors to delay the hour of satisfaction, till it could be ascertained whether the governor of Virginia would not afford it, at their solicitation. The nation excited to hostility by the arrival of a number of French soldiers, who were plen - tifully supplied with spirituous liquors and who eagerly in proved this golden opportunity of spurring on the In- dians to vengeance, prevented the old chiefs' advice from being listened to: supplied with arms and ammu- nition by their new guests, scattered parties of Indians marched to the frontiers of Virginia, North and South Carolina.
The first blow was struck in the neighborhood of fort Loudon. Soldiers of that garrison, who had been se- curely hunting in the woods around the fort, were found murdered. The unrelenting foe proceeded along the border of the back settlements of the whites, dealing, N. CARO. II. 13
98
CHAPTER.
[1752
indiscriminately, destruction and death among the old and young, the softer sex, the innocent and guilty.
Scenes of disorder, though of a less bloody kind, dis- turbed the interior part of North Carolina. Some of the inhabitants of that portion of the province, the lands of which had been allotted to lord Granville, believing themselves injured by the conduct of Francis Corbin, his agent, embodied themselves, and marched in great disorder and tumult through several counties, ill treat- ing those who refused to join or supply them with pro- visions, came to the town of Edenton and forcibly took the man from his house, and, in spite of the representa- tions of the decent and orderly part of their fellow-citi- zens, triumphantly led their prisoner away. After a march of about seventy miles, they permitted him to re- . turn, on his giving bond for his future better behavior.
On the 8th of May, the legislature met at Newbern: no business of a public nature was completed, and the houses were prorogued after passing two private acts.
In the month of July, Sir William Johnston took the fort at Niagara, having defeated a large body of French troops, who had came to its relief, and soon after Sir Jeffrey Amherst possessed himself of Ticonderoga; the enemy having abandoned their lines on his approach and set fire to the fort. Crown Point also fell into his hands.
On the 17th of September, the city of Quebec surren- dered to the British arms, after a very obstinate siege, during which, general Wolfe and Monsieur de Mont- calm, the commanders of the two armies, lost their lives.
In the month of August, the court laws, passed in December 1754, were repealed by proclamation,
93
THE FIFTH.
1759]
The ninth session of the assembly, called by governor Dobbs on his arrival in the province, was held in the town of Wilmington, on the 20th of November. In meeting the houses governor Dobbs observed, that the late success of the king's arms rendered any supply for the aid of the northern provinces unnecessary, but as the war would probably be continued, until a safe and honorable peace was obtained, by driving the French from the continent and ruining their marine, forces were necessary to check the unruly behaviour of the Cherokees; he recommended that the two companies of foot, in pay of the province, should be placed in the ser- vice of the fortifications.
He lamented the great deprecietion of the currency, which was received at a nominal discount of 33 1-3 per cent. while the real one was from 70 to 90 per cent. in sterling money. This evil, if not early remedied, he said, would soon put an end to the credit of the province and be the ruin of its trade.
He recommended the passage of a court law; those which had been in force since his arrival in the pro- vince having lately been repealed by order of the king in council.
By a subsequent message, he drew their attention to a defect in the militia law, which had lately proved of great inconvenience: the detachment of the militiar which had been ordered against the Cherokees, unde, colonel Waddle, having refused to proceed against them, on the pretext that the colonel was leading them out of the limits of the province.
A new court system was introduced : it provided for the establishment of a court of king's bench and com- mon pleas : the bill passed the lower house, on its third
100
CHAPTER [1759
reading : in the upper, several amendments were insist. ed on ; it was required, that a clause, which forbade the chief justice to receive any part of the fees of the clerks, be expunged, as derogatory of the honor of that officer, as well as a clause for borrowing from the sink- ing fund a sufficient sum to discharge the salaries of the associate justices and attorney general. This produced a message from the lower house, in which they observed that the practice which had hitherto prevailed, of the chief justice exacting from the clerks a considerable propor- tion of their legal fees, had been the cause of their being guilty of great extortions, whereby the superior courts had become scenes of oppression, and the conduct of the chief justice and clerks a subject of universal com- plaint : they admitted, that the late chief justice, Peter Henly (whose death was lamented by all who wished to see the hand of government strengthened, the laws duly executed, and justice impartially administered) from a pious sense of the obligations of his oath, had con- formed to the act of 1748, for regulating officers' fees, but they thought themselves bound in duty to their con- stituents to provide against the pernicious effects of a contrary conduct : they expressed their hope, that the new chief justice (Charles Berry) would think his pre- decessor's laudable conduct in this respect worthy of imitation, and, in that expectation, were willing to leave him, in this regard, in the same situation as chief justice Henly had been. As to the money proposed to be bor- rowed out of the sinking fund, they observed, that the contingent fund was upwards of two thousand pounds in arrears, and as no method appeared more eligible, they offered to advance the sum upon the tax by which the money was to be replaced. The upper house per-
101
.
THE FIFTH.
1759]
sisted in their proposition to strike out the clause for the loan, and that the salaries should be paid by a tax, to commence in the following year. The lower house re- plied, that the salaries were not the only object of the loan; that to oblige the creditors of the province to wait until money was collected by a tax, would be an injurious treatment, which would sensibly affect its credit : they added, that the measure was adopted in conformity to several precedents on similar occasions, par- ticularly the one first proposed and afterwards insisted on by the upper house, where two thousand eight hundred pounds were applied to the chief justice's salary, that of the attorney general and other contingencies, to be re- placed in four years by a tax, when the very law under which the money was signed, expressly provided it should not circulate for any use whatever, until the king's pleasure was known: notwithstanding which, the lower house had been so careful, to avoid every valid objection against a bill of such importance to the pro- vince, that they had forborne to insert the clause, rela- ting to the application from the sinking fund, until they had ascertained, that it was not contrary to the king's in- structions. They lamented being reduced to the disa- greeable necessity of framing bills to supply the place of the valuable laws which had been lately repealed, through misrepresentations, originating in interested views, ever incompatible with the public good : they reminded the upper house, that the salaries of the chief justice and attorney general were at first intended by the legislature, as matters of mere compliment, at a time, when the pro- vince was in a prosperous situation : they added, that as no other expedient could be found at the present junc-
102
CHAPTER [1759
ture to defray that expense, should the upper house re- ject the bill on that account, care must be taken in fra- ming another court bill, not to insert any clause, how- ever necessary, that may introduce the least charge on the province ; and concluded with a hope, that if the bill miscarried, the most sincere endeavors of the lower house would be accepted, by their unhappy constituents, in lieu of the valuable advantages which the bill was calculated to produce.
The upper house continued to insist on the clause be- ing struck out, as the breaking in upon the sinking fund would give a deadly blow to public faith, and pressed the assembly to weigh the fatal consequences that would attend the rejection of the bill.
In their second message, the lower house admitted the impropriety of an application from the sinking fund, which necessity did not imperiously call for, but they de- clared it impracticable, without it, to pay the debts of the province, or to attain the valuable ends, intended by the bill. As the sum, intended to be borrowed, did not ex. ceed two thousand five hundred pounds, and was to be replaced by a tax which would commence in 1763, the currency of the province would not be depreciated, nor any individual prejudiced. They concluded by observ- ing, that on the most mature consideration of the mes- sage of the upper house, such were the sentiments of the lower, from which they could not depart, and refer- red it to the consideration of that body, whether the pub- lic good would not be better promoted by the passage, than by the rejection of the bill.
The upper house voted that the bill be rejected, un- less the lower house would on the next day signify their consent, that the clause should be stricken out.
103
THE FIFTH.
1769]
On being informed of the provisional fate of the bill, the lower house replied, that rather than to see the pro- vince reduced to the confusion and disorder which the want of courts must necessarily introduce, they would agree to expunge the clause, and with it such parts of the bill as allowed salaries to the chief justice, his asso- ciates and the attorney general, which appeared to them a necessary consequence of the clause, objected to.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.