USA > North Carolina > The history of North Carolina from the earliest period, Volume II > Part 9
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- sham judicatures, imprison the peacable subjects of the king, break open jails, release malefactors with impunity; when the authors of these outrages were countenanced by the governor and honored with commissions as justices and militia officers; when citizens had received corporal punishment by the arbitrary mandates and private orders of judges still continued in office; when illegal and arbitrary pe- cuniary claims were enforced for the use of the gov- ernor and secretary; when the forms of writs of elections had been arbitrarily altered and diversi- fied, to have particular men chosen and defeat the elections of others: some writs directing the freehol- ders, other the inhabitants generally, to choose; by which last form, servants and even convicts might be admitted to the polls, whereas, by king Charles' charter, laws were directed to be made by the as- sent of freemen and their delegates; when a writ had been issued to one county for fewer members, than they had used and ought to send, and to an- other none at all, till several bills had passed: by which practices it remained no longer a secret, that the governor intended to model the assembly for his own particular purposes, as he had before re- formed the council by suspensions and new appoint- ments; when insulted by blood thirsty savages on the exterior settlements, and in no less danger of falling a prey to internal enemies. the people of the province could only resort to their sovereign for succour, as the fountain from whence justice and protection flow to his most distant subjects.
The facts thus enumerated, are represented as far from forming a complete catalogue of the sufferings
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of the inhabitants of the province, who. nevertheless, have, with great cheerfulness and alacrity, embrac- ed every opportunity of testifying their zeal and loyalty to the king, and exerted their utmost efforts in the maintenance of his rights.
The house expressed their concern, that in theap- plication of the several aids, which had been under the governor's directions. less regard had been paid to the useful purposes, intended by the legislature, than to enriching his particular friends and favor- ites; military commissions having been granted to persons of little or no weight in the province, whereby the raising of recruits had been delayed and the service injured.
They lamented, that it had been the particular mis- fortune of the province, that, by the governor's decisive influence on the council, the assembly had hitherto been prevented from appointing an agent, to represent their dutiful affection to the king and solicit the provincial affairs at the public boards in England ; and that, at the session of the legislature, in May, 1759, provision had been made for such an appointment ; but the bill was peremptorily rejected by the upper house, who assigned no reason ; and the governor, thereupon, prorogued the legislature, bitterly reproving the lower house, for presuming to insert a clause for the appointment of an agent, in an aid bill, although such bills, with clauses as little analagous to the aid, had, without the least ex- ception, been before passed in his administration ; and it was notorious, that the true reason for the rejection of the bill by the upper house, and the governor's displeasure, tas, the agency had not been given, by the lower house, to one Smith, his attorney in London. So that the aid,
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intended by the king's dutiful subjects, recommended by the minister, had been postponed to gratify partial views and private interest, while the motive was veiled with feigned objections and subtile refinement, never before offered to an assembly.
In concluding, the house observed, that they refrained from mentioning many abuses of power and acts of oppression, other than those which, constrained by the necessity of the times and the despondent situation of the province, they had related ; and that nothing less, than the impending prospect of desolation and ruin, could have induced them to remonstrate against the conduct of a governor, to the ease and happiness of whose administration, they had vainly endeavored to contribute ; that, for some time, they had remained pas- sive, under the yoke of oppression, unwilling to inter- rupt the important avocations which necessarily engage their sovereign's attention ; but, perceiving themselves on the brink of anarchy and ruin, they, with humility and duty, supplicated his justice for relief.
They charged Anthony Bacon to deliver the address to Mr. Pitt, to be presented to the king, and the spea- ker was requested to write and send copies of it, to the earls of Granville and Halifax, and the secretary of state.
The thanks of the house were given to the attorney general, for the candid advice he had given the governor to pass the bills.
The house addressed the governor again : they be- wailed, that he had suffered his ear to be assailed by de- signing men, and the evils that flowed from the incom- petency of some of the judges he had appointed ; and added, that the delays, occasioned by advisari's in
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causes plain and easy to be understood by lawyers, and the erroneous judgments given by those lay judges, abundantly showed, the necessity of the qualifications required by the upper court bill : they observed, that, not to mention other instances, the corporal punishment, inflicted by order of his nephew, Richard Spaight, one of the judges, on an innocent person, without a trial by jury, contrary to all law, and in violation of the great charter of English liberties, was an unanswerable argu- ment in favor of the proposed amendment, and the per- tinacious adherence to the letter of an instruction, in a matter that could not have been in contemplation, at the time it was given, manifested an unreasonable desire to retain the power of appointing judges, for private views and partial ends.
They expressed their concern, that they should differ in sentiment from him, having made it their study to render him easy and happy, and, when their best endea- vors for the king's service, and the interest of his sub- jects, were represented in the most disagreeable light, they could only say, they had the comfort of a good conscience.
In regard to the commissions of over and terminer, for the trial of the licentious rioters, who, by their dan- gerous practices, had disturbed, with impunity, the tranquility of the province, the house apprehended, that, from the general defection in the part of the country in which they committed their outrages, the commissions would have no other effect, than to bring the rage of unruly mobs on those who should act under them; and they expressed their concern, that these mobs increased in number and influence,
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by several of their ringleaders being countenanced by the governor, and honored with commissions, as justices of the peace and militia officers.
They concluded, by lamenting, that the chief justice and attorney general should have incurred his displea- - sure, by giving their candid sentiments, in consequence of his command, on some insnaring questions proposed on extracts of his instructions.
The governor rejected the superior court bill.
An act was passed, establishing county courts, and provision was made for the support of an orthodox clergy.
On the 23d of May, the the legislature was prorogued by proclamation, till the 26th of the same month.
On opening the second session, governor Dobbs in- formed the houses he had called them together with the view of affording them the opportunity of re-consider- ing the superior court bill, and determining whether any aid was to be granted to the king.
The superior court bill being offered to the governor, with a clause providing, that, if the king did not con- firm it within two years from the 10th of November fol- lowing, it should, from thenceforth, be null and void, received his assent.
The upper house having made an amendment to the aid bill, on its second reading, the lower house resolved, that this was an invasion of their privileges, and an evi dence of an intention to disturb the harmony, which ought to subsist between the two branches of the legislature, tending to defeat their dutiful endeavors in granting the aid; but, protesting that the amendment should not, hereafter, be drawn into a precedent, they resolved, that desirous of evincing their loyalty to the king, they would
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not reject the bill, and would proceed on it, notwith- standing the unparliamentary proceeding of the upper house.
On the third reading of the bill for appointing an agent, the upper house opposed the appointment of Anthony Bacon, and insisted on the name of some other person being inserted. On the disagreement of the lower house, the bill was rejected.
The lower house then, by a resolve appointed this gentleman, agent of the province for two years, with a salary of two hundred pounds sterling, per year.
The aid bill passed both houses, with a clause, pro- viding for the emission of paper money: it was re- jected by the governor, and the legislative body was prorogued.
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THE tranquility which followed the treaty con- cluded by governor Lyttleton with the Cherokees, was of very short duration : the Indians had been awed into it by the presence of a large force in the middle of their country : the effect subsided with the cause. The treatment which their embassadors of peace had received in Charleston, their cruel imprisonment in fort Prince George and their subsequent detention, unauthorized by the late treaty, were circumstances which the spirit of the nation could not brook Oco- noota, an influential chief, heading a small party of choice warriors, advanced towards fort Prince George to create or improve an opportunity of relieving his companions from bondage, or wreaking his revenge on those who detained them. Governor Lyttleton, at his departure, had left the command of the fort to captain Coytmere, an officer who was peculiarly obnoxious to Oconoota. This circumstance contributed greatly to inflame the mind of the Indian, offering the double incitement of succouring his friends and destroying his enemy. For a number of days, his endeavours had no other effect, than to compel the garrison to keep within their fort. Stratagem soon effected what the force Oconoota could command was unable to execute : he withdrew his men for a few days, to
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create the desultory hope of security, and some time after brought them back, placing them in a dark thicket by the river side : this being effected, he sent a squaw to Coytmere to inform him, he had a mes ; sage to deliver him from the chiefs of his nation, de- siring he would come and speak to him on the oppo- site side of the river ; in the mean while. he crossed the stream. Coytmere, accompanied by his two lieu- tenants, walked to the river, and the Indian from the opposite shore told him, that, being on his way to Charleston to procure the release of the chiefs, he wished one of the soldiers might accompany him as a safeguar ! ; he held a bridle in one of his hands and pretended he was going to look for a horse. Coyt- mere answered in the affirmative : some desultory con- vers tion followed, and Oconoota, turning towards the woods, swung the bridle twice over his head, the concerted signal, at which the Indians in ambush rose from the thickets, and firing, killed Coytmere and wounded his two officers. On hearing the re- port, the officer in command at the fort ordered the chiefs in his possession to be put in irons ; the Indian on whom this order was first attempted to be executed, stabbed the soldier who took hold of him. and wounded two others ; the garrison, exasperated. fell on the others and slaughtered them.
The chieftains in every town alarmed their coun- trymen and called on them to revenge the spirits of their murdered brethren, hovering around their huts : the song of war was begun, and the youths of the na- tion, impatient of vengeance, rushed on the innocent, defenceless and unsuspecting families of the planters
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on the back settlements of the whites, and regardless of the claim of age, childhood, or the softer sex, spread death, desolation and waste; few escaped the knife, many of those few perished with hunger and distress in the wilderness, others were carried off for more cruel, because more protracted torments. The bearers of the first tidings of this massacre found the city of Charleston desolated by the small pox, which raged with so much violence, that few of the militia could be prevailed on to leave their sickening or frightened families, to march to the relief of the frontiers. The distress of the province was however relieved, by the arrival of colonel Montgomery with a detachment of regular troops: his force being in- creased by as many of the militia of South Carolina as could be raised, and a part of that of North Caro- lina under the orders of Hugh Waddle. Colonel Montgomery marched towards the Cherokee towns; he destroyed all the lower ones, but approaching that of Etchoe, the first of the middle settlements, he met in a thick wood a considerable body of Indians, and in the battle which followed, an equal slaughter left victory undecided ; and the leader of the whites, from this specimen of Indian tactics, apprehending danger in penetrating farther into the country of the enemy, marched back to fort Prince George.
In the latter part of the month of May, lieutenant governor Bull, on whom the government of the pro- vince of South Carolina devolved, at the departure of governor Lyttleton, received information from the officer commanding at Augusta, that on the 14th the uppper Creeks had murdered above twenty English
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traders, the rest having, on previous notice by their women, fled to Pensacola. The lower Creeks, on receiving the information, doubted of its correctness, and despatched runners, who brought the confirma- tion of it : they told the English traders among them, that the upper Creeks would soon be down, with the intention of acting the same tragedy on them; that they could not fight against their own countrymen, and therefore, supplying the English with arms, ad- vised them to unite in one of their towns and make the best defence they could. On the next morning, however, the Indians escorted them to Savannah.
Lieutenant governor Bull, on this occasion, solicit- ed assistance from governor Dobbs : he represented to him, that there was much room to believe, that the French had excited the upper Creeks to war, a cir- cumstance which would render the united efforts of the southern provinces necessary ; he stated the for- midable number of warriors which the Indians might bring into the field; according to his accounts, the Cherokees and Creeks had two thousand each, and the Choctaws five thousand, and there were other na- tions under the influence of the French, towards the Mississippi; the Chickasaws could not be well count- ed in the number of English allies, as their situation and small number were likely to make them either join, or be cut off by the general alliance against the English.
In consequence of this information, the legislative body held it- third session at Wilmington, on the 30th of June. The letter of the executive of South Caro- lina was laid before them, and governor Dobbs soli-
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cited them to grant a proper. aid to the king, and make such amendments to the militia law, as the emergency required.
The lower house, in whom the feelings excited by the violent altercations between them and the gover- nor, at the last session, did not appear to have sub- sided, were at first unwilling to proceed to business, a majority of the members not being present, many having declined coming, on account of a rumor of the small pox raging in the town of Wilmington.
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They began their address, by bewailing the thin- ness of their house, and observed, that nothing but the particular and critical situation of the country could have induced them to depart from the establish- ed rule, and proceed on business with a less number than a full majority of all the members.
They next animadverted on the governor's speech, at the prorogation, and observed, that the aid bill, which he had been pleased to reject, greatly varied from that on which his observations had been found- ed. They said, the slow progress in levying the forces, to serve under general Forbes, was, in their apprehension, occasioned by the unlucky choice of officers, made by the governor, who were strangers to the generality of the people; a misfortune against which the last aid bill was attempted to be guarded. They admitted, that the bounty was small, but a re- ward of five pounds was offered for every scalp, and the Indians taken alive were to become the property of the captors, inducements, which, in the judgment of the house, were likely to be equal to that of a larger bounty.
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With regard to the disposition made of the twelve thousand pounds proposed to be emitted, they observed, the treasurers could have derived little advantage from it, the province being six thousand pounds in arrears, and the bill made application of the greatest part of what inight rem.in, after the men were raised ; and that if the house had acted as the governor suggested they ought to do, and invested him and the council with the power of applying the money, their conduct would have been in- consistent with their duty, and contrary to the constant and approved method.
They expressed their desire of joining him in every measure that might redound to the king's honor and ad- vantage and the true interest of the province.
The governor, after the customary expressions of thanks, replied, that he must inform the house, that their quorum to proceed to business was by the king's in- structions fixed at fifteen, to which number the house must now adhere.
He added, he would not enter into any disquisition in regard to former bills ; but, he had to inform them, that as to future bills, he would pass none that restrained the executive power, which was the king's prerogative; the only power, delegated to the assembly, being as to the quantum of the supply, the mode of raising it, and the pay of the troops, all other considerations being incon- sistent with the prerogative of the crown.
A bill for the appointment of an agent passed the lower, but was laid over in the upper house.
Two bills only were offered for the governor's assent, the militia and aid bills : both received it. Seven thou- sand pounds were granted to the king, for the protection of the province and the relief of that of South Carolina,
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and an emission of paper money, to the amount of twelve thousand pounds, was directed ; the surplus was order- ed to be applied to the contingent charges of govern- ment already, or that might be allowed by the general . assembly. A poll tax of one shilling per annum was laid, to commence in the year 1763 and continue till the money emitted was collected and burnt.
A premium of five pounds for the scalp of every In- dian killed in the war was allowed, and the soldiers were allowed to retain all Indians taken alive as slaves, with all the plunder that might be taken from the enemy.
The distant garrison of fort Loudon, found itself this summer reduced to the dreadful alternative of perishing with hunger, or throwing themselves on the mercy of the Cherokees ; for a whole month they had subsisted on the flesh of lean horses and dogs, and a small supply of Indian beans, which friendly squaws procured for them. In this deplorable situation, it was determined to surrender the fort: captain Stewart was therefore sent to Chota, one of the principal Indian towns in the neighborhood, where he met the chiefs of the Cherokees, and agreed on the outlines of a capitulation, which were afterwards confirmed and signed by the commandant. The men were allowed their arms, and as much ammu- nition as the officers should think they wanted on their return ; the garrison was permitted to proceed to Vir- ginia, or fort Prince George, and Indians were to be al- lowed to escort them and search for provisions ; the sick and lame were to be received into the Indian towns and protected until they recovered ; horses were to be fur- nished to the garrison, at a fair price ; the heavy artillery, powder, ball and spare arms, were to be delivered to the
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Indians, on the day appointed for the march of the troops.
When they abandoned the fort, the British troops were escorted by a number of Indians, headed by Oco- nootota ; they marched on that day fifteen miles, towards fort Prince George. At night, they encamped on a plain, about two miles from Tellico, an Indian town, where the Indians, one after another, disappeared ; they remained the whole night unmolested ; but, at the break of day, a soldier from one of the outposts ran in and in- formed, that he saw a vast number of Indians, armed and painted, creeping among the bushes and advancing to surround the English. Time was hardly given for the soldiers to stand to their arms, when the Indians poured in a heavy fire, from different quarters, accom- panied with horrid yells and screams. Captain Dennie, three of his officers and twenty-six men fell; the rest fled into the woods, were soon overtaken and led captives to the towns of the valley.
These disastrous events in the southern part of the British empire in America, were, however, great- ly counterbalanced by the great success of the king's arms in the north; the whole province of Canada having been conquered in the course of the summer.
The fourth session of the legislature was held at Wilmington, in the month of November. On the seventh of that month a majority of the whole lower house not appearing, those on the floor refused to proceed with the number of members present, con- stituting a quorum by the king's instructions, and came to a resolution, that, in the opinion of the mem-
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bers present, they could not consistently with the charter of Charles II. and the usages and approved customs of the assemblies of the province, proceed to business, unless a majority of the representatives of the people were present. The warrant of the speaker was directed to the sergeant at arms, to compel the attendance of the absent members, by taking them into his custody. By this means a ma- jority was procured a few days after.
Governor Dobbs began his speech by congratula- ting the houses on the reduction of Canada, and added he had great reason to hope, that the Che- rokees, intimidated by the great success of the king's forces, and the opportunity it would afford to the commander in chief to detach a considerable number of men to chastise them. appeared inclined to accept the overtures of peace, lately made them by governor Fauquier of Virginia, and lieutenant governor Bull.
He recommended the continuance of the forces already in the pay of the province, until peace was finally concluded with the Cherokees, and as both the neighboring provinces had determined on exert- ing their whole forces to reduce the enemy to such terms as would, for the future, avert the dread of an Indian war; he expressed his hope that North Car- olina would act in conjunction with them.
After expressing his reluctance to load the people with taxes, or to depreciate the currency by issuing paper money, he declares his readiness to enter into any reasonable measure, so that so much of the mo- ney paid to the agent of the province in London,
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from the parliamentary grant, of which he had re- ceived a part, might be employed to pay the forces hitherto raised, as well as those that might be levi- ed, by drawing bills on the agent, until peace. was obtained or the Indian commotions subsided.
He recommended, that they would think of the propriety of allowing a premium to encourage the culture and exportation of hemp and flax: and, as flour and tobacco had of late become considerable articles of export from the river Cape Fear, that the inspection laws, relating to those commodities, might be extended to the southern part of the pro- vince.
The lower house in their address observed, that, although the province was one of the least in trade and riches, it had already emulated the most opu- lent in their zeal for the king's service, having, du- ring the war, granted in several aids for the support of the common cause, not less than £80,001, and thereby anticipated their funds and contracted a large debt; yet, they would at this crisis, hoping it might be the last, join with the forces of Virginia and South Carolina as many men, as the indigent and almost exhausted circumstances of the province would allow.
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