USA > North Carolina > The state records of North Carolina, vol. XXII, pt. 1 > Part 17
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4th. The Col'n of every County has full power to call his Regi- ment together, and march them when necessary for his Majesty's service; the Captain of each company has also power, to assemble his company, when any sudden emergency renders it necessary, and which he is to report as soon as possible to his Colonel.
5th. Mutual assistance is to be given on all occasions; but so it is impossible to give positive directions on this subject, it is left to the discretion of the Colonels of Regiments, who must be answer- able that, their reasons, for not affording assistance when required, are sufficient.
6th. When the militia of different counties are embodied, the senior officer is.to command; Colonels of Regiments are immediately to determine, the present rank of their Captains, in which, regard is to be had to seniority of commission or service. In case of va- caneies ; the Colonels may grant temporary commissions, till re- course may be had to the Commanding Officer of the King's troops.
7th. The men are to understand, that in what relates to the service they are bound to obey all officers, though not immediately belonging to their own companies.
8th. Court Martials may be sit by appointment of the Colonel or Commanding Officer; and must consist for the trial of an officer, of all the officers of the Regiment he belongs, except the Col'o or Commanding officer, and for the trial of a non-Commissioned officer or Private, of 2 Captains, 2 subalterns and 3 privates-the latter to
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belong to the same company, as the person to be tried. The oldest Captain to preside; and the sentence of the Court, to be determined by plurality of votes ; and approved by the Commanding Ollicer.
9th. No Colonel is to supercede an officer pithout trial; but he may suspend him 'till he can be tried.
10th. Quiting eamp without permission, disobedience of orders, neglect of duty, plundering, and all irregularities and disorder to be punished at the discretion of a Court Martial, constituted as above mentioned ; and by the approbation of the Col'n or Commanding of- ficer; who has power to pardon, or remit, any part of a punishment, but not to increase or alter it.
11th. Every man must take the strictest care of his arms, and ammunition ; and have them always ready for service.
12th. When the Militia is not embodied, they are at all times to be attentive to the motions of the Rebels ; and immediately to acquaint the nearest Oflicer of any thing he may discover, who is to comummi- cate it to his Col'n or other officers as may be requisite.
13th. It is the duty of every person professing allegiance to his Majesty to communicate to the Commanding Officer of the nearest British port any intelligence he ean procure of the assembling or moving of any bodies of Rebels. Persons employed on this occasion shall always be paid.
14th. Col'ns of Regts. may assembly any mumber of their men, they think necessary to be posted in partienlar spots of their districts -their time of service on these occasions is to be limited ; and they are at the expiration to be relieved, by others. Great care is to be taken that no partiality is shown, that each take an equal proportion of duty ; for which purpose alphabetical rolls are to be kept, by which the men are to be warned. Every Capt. to keep an account of the number of days each man of his company serves.
The striet observance of the above regulations, is strongly recom- mended as the best means of the King's faithful subjects manifest superiority over the rebel militia; and insure them, that success their zeal and spirit in the cause of their country entitles them to expect.
Head Quarters, Wilmington, 25 Sept., 1781.
I thought proper to administer the following oath of Allegiance unto those people I was dubious of. "I, A. B-, do swear on the Holy Evangelist of Almighty God to bear true allegiance to our
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Sovereign Lord, King George the 3rd; and to uphold the same. I do voluntarily promise for to serve as Militia, under any officers appointed over me; and that I will when lawfully warned by our said officers assemble at any place by them directed in case of danger ; in the space of 8 hours. I will go with my arms and accontrements in good order, to suppress any rebels or others, the King's enemies; that I will not at any time do, or cause to be done any thing preju- dicial to his Majesty's government ; or suffer any intercourse or cor- respondence with the enemies thereof; that I will make known any plot, or plots, any wise inimical to his Majesty's forces, or loyal sub- jects, by me discovered, to his majesty's officers contiguous, and it shall not exceed six hours, before the said is discovered, if health and distance permit. This I do solenmily swear and promise to de- fend in all cases, whatsoever. So help me, God ?"
I then returned to the head of Little River, on my way to Coxe's Mill, where I was informed by two men, who informed me that the Rebels had separated into two small parties, thinking I should never return from Wilmington; I passed on and got intelligence of Col. Alstine lying on the banks of Deep River, with a party of 25 men. We marched all that day and the night following; and just as the day dawned, we advanced in three divisions, up to a honse, they had thrown themselves into. On our approach, we fired upon the house, as I was determined to make examples of them, for be- having in the manner they had done, to one of my pilots, by name, Kenneth Black. They returned our fire, and the action contimed upwards of three hours, when after killing four of them, and wound- ing all the rest, except three, they sent out a flag to surrender. Col. Alstine's lady begging their lives. Ou her solicitation, I conelnded to grant her request ; and after the capitulation I gave the following paroles to Col. Philip Alstine and his men.
"I do hereby acknowledge myself a Prisoner of War, upon my parole, to Ilis Excellency Sir Henry Clinton, and that I am hereby engaged till I shall be exchanged, or otherwise released therefrom, to proceed immediately to my plantation on Dunnamn's Creek, Cum- berland County (or elsewhere) No. Carolina, there to remain; or within five miles thereof-and that I shall not in the mean time, do, or canse anything to be done, prejudicial to the success of his Majes- ty's arms; nor have any intercourse or hold correspondence with the enemies of his Majesty-and that upon a summons from his Excel-
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leney, or other Person having authority thereto, that I will surrender myself up to him or them, at such time and place as shall hereafter be required.
PHILIP ALSTINE, Col'n.
Cumberland County,
Deep River, July 29th, 1781.
Witness: David Fanning, Col'o Com'g Loyal Militia.
In the course of this affair, we had two men killed, and four wound- ed, who afterwards recovered. A party of Rebels appeared in sight a little time after the firing began; but they did not approach to afford Col. Alstine any support. When the action was over, they rau off; and our horses being quite fatigued, rendered it impossible for me, to pursue them. I then pursued my route to Coxe's Mill, where on my arrival I gave twelve hours leave to the men; after detaching a sufficient number for the necessary gnards, to go to their respective homes. Immediately after that, I heard that a wagon loaded with salt for the use of the rebel army had passed about 12 hours. I took eight men with me, and after a chase of 16 miles I overtook her, and conducted it back to Coxe's Mill. On my return I found that Major Rains, had been attacked by a party of 150 rebels; who had attempted to seenre the Fort of Deep River, at Coxe's Mill; however it was without success. He had one man wounded, and several horses, in the attack. On my approach, they retreated. They then sent a flag with offers of peace. I returned for answer, "I was determined to make peace with the sword -- or otherwise till they should become subjects of Great Britain." My men now being collected to the amount of 140, who by this time were well armed, and hearing nothing further from them, the next morning, we marched to the place, where I had been informed they were; but found them gone ofi. I discovered some of their sconts, but on firing on them, they took to the woods. I heard, that they had marched and joined another party of 250 men, commanded by Colonels Paisley and Balfour. Upon which I returned to Coxe's Mill; I sent out spies that night, who re- turned before morning and informed me that the two rebel parties had joined, being abont 400 in number and oneamped at Brown's plantation, abont two miles up the River on the opposite side. I dispatched a flag to them, acquainting them as before, of my determi- nation, in support of Government, and proposed a meeting of both
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parties to determine the matter by force of arms; at the same time acquainting them, that the ill treatment of some prisoners they had taken a little while before, had determined me to retaliate in case, an end was not put to it; I directed the flag to Major Cage, who com- manded at the time before, and I received the following answer.
"Sir, I received yours by a flag, and can assure you that I should be as sorry as any person living to misuse a prisoner; but at the same time, I think that it is my duty to oppose my enemies, and if any of your men should fall into my hands I shall endeavor to use what infiuence I can to have them treated as prisoners; and I hope you will do the same. I must also inform you, that I am not the commanding offieer; if I was, I should immediately return you an answer; As your letter was not directed to the commanding officer he will not undertake it. You will dircet to him; Colonel O'Neal is Commander at present.
I am, Yours, &c., &c. WM. CAGE. Aug. 2d, 1781.
To Col. David Fanning.
I also received a message from Col. O'Neal that whenever they met, they would fight me, but not by an immediate appointment; I directly orderd a march and proceeded to the place where I was in- formed by the Bearer of the Flag they lay encamped; but on my arrival there, they had marched off; and from intelligence I had procured, I had reason to suppose they had gone to Salesbury to get reinforced, by General Rutherford. I then concluded to go, to Wil- mington for a supply of ammunition ; finding my stock began to grow low. I got to Cross Creek on the 11th of August; and early in the morning following crossed the Cape Fear River, when Maj. Samuel Andrews joined me with his company and scouted through all the rebel settlements, on the north side of the River; and took a number of prisoners, arms and horses. I also discovered where 25 barrels of salt were concealed; designed for the rebel army. I distroyed it; and then marched down the side; and came to a plantation belonging to a Capt. Robertson-which I burned; From thence I marched to his brother's Col. Robertson, which served in the same manner. On my march, I took several prisoners, whom I parolled, except 20; those I delivered to Capt. Leggett, then commanding at Wilmington; where I arrived on the 24th. Having got supplied with ammuni- tion, I proceeded up the country on the 26th.
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On my arrival at Elizabethtown, I found Col. Slingsbec, of tho Loyal Militia of Bladen county, with a number of paroled rebels in his camp. I disapproved of keeping them, there, and told him I thought it imprudent and unsafe. The event proved so; for that night they, having some arms concealed, fired upon his camp, and wounded him mortally. Five Captains were also wounded, some of whom died afterwards of their wounds. The day following I arrived at MeFalls mills about 60 miles, where I dispatched 90 of my men back, to render assistance, on receiving the unfortunate accounts of Col. Slingsbee's misfortune; but it was too late; as the rebels had taken to the woods. and got off.
I had information of the rebel, Col'n Wade with 450 militia, was, then, on his march to attack Col. MeNeal, who had assembled 70 of the Loyal Militia of Bladen, and they lay on the side of Drown- ing Creek. I instantly dispatched an express, to know his situation, and offering assistancee; in three hours, I received for answer, he would be glad to see me and my party. 1 marched directly, and by daylight, arrived with 155 men. Our pickets were fired upon ; and retreated into eamp, having exchanged shots with those of the Rebels. . We had information that they were crossing a bridge on Drowning Creek, about three miles off, when the pickets fired upon them ; and that there was 420 men crossed the bridge. I immediately or- dered all my men to arms, and counted them; which in number was 225, horse and foot; I then marched immediately to attack them; when I formed my little party I left great vacancies in order to ap- pear as numerous as possible, and to prevent their turning my flanks. We attacked them at 11 o'clock ; and engaged them an hour and a half; on my ordering a charge; they retreated. We pursued them 7 miles and took 54 prisoners; 4 of which died that night. On our return we found 19 dead; and the next day, several came in and surrendered, all of whom were wounded, and we had reason to suppose that several died in the swamps, by accounts, we received from those who came in afterwards. Our loss was only 5 men wounded; one of which died; and 5 Horses killed; besides a few wounded. We took 250 horses; most of which was loaded with effects they had plundered from the friends of the Government; and as I had formerly ordered that whoever found concealed goods, of any kind should keep them; I also now ordered that every man should keep what he had taken that day, after mounting and equip-
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ping those 50; who were not mounted in the action. I then parolled the prisoners, except 30, which I sent to Wilmington, under a guard of Col. MeNeal's men. Then with my party, I marched that even- ing to Little River, 16 miles from MeFalls Mill; where the party returned, which had gone to Col'n Slingsby's assistance. The day following, I arrived at Coxe's Mill, where I issued the following advertisement ; and circulated it through the country :
"ADVERTISEMENT.
This is to let all persons know, that do not make ready and repair immediately to camp, that their property shall be seized, and sold at public sale; and if they are taken, and brought into camp they . shall be sent to Wihnington, as prisoners, and there remain, as such, in the provost; and be considered as Rebels; also, if any rebel is willing to surrender and come in he shall reap the benefit of a sub- jeet.
DAVID FANNING, Col'o Com'g loyal Militia.
Camp Coxe's Mill, 6th Sept., 1781.
On the 9th of Sept. I was joined by Col'n MeDugald of the Loyal Militia of Cumberland County, with 200 men; and Col. Hector MeNiel, with his party from Bladen of 70 men; and in consequence of my advertisement I had also 435, who came in ; and many found me afterwards.
I had previously determined within myself to take the Rebel, Governor Burke of North Carolina and I had a conversation with Major Craigg, on that subject. I now thought it a favourable oppor- tunity, as I found myself at the head of 950 men of my own regi- ment ; exclusive of MeDugald and MeNiel's regiments. I acquaint- ed Major Raines, of my resolution, who approved of it. The rebel General John Butler, and Col. Robert Maybin of the Continental line, lay within 40 miles of our encampment, on the Cape Fear River. It was supposed by my officers, that I intended to attack them. After marching 16 miles to Rocky River, I went a little distance out of my road, to a friend's house, for intelligence, of the situation of the Rebels; during which time, the guide led my little army about two miles out of the way, towards General Buder. On my return, I was under the necessity of making my intentions known; and immediately directed my march to Hillsboro; I pushed all that
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day and the following night; At 7 o'clock on the morning of the 12th we entered the town in three divisions, and received several shots from different honses; however, we lost none and suffered no damage, except one man wounded. We killed fifteen of the rebels, and wound- ed twenty ; and took upwards of two hundred prisoners; amongst them was the Governor, his Comeil, and part of the Continental Colonels, several captains and subalterns, and seventy one continental soldiers out of a church. We proceeded to the Gaol, and released thirty Loyalists, and British soldiers; one of which, was to have been hanged on that day. About 12 o'clock, I left Hillsboro; and pro- ceeded Eighteen Miles that night towards Coxe's Mill; in the morn- ing I pursued my march about Eight miles further, to Lindley's Mill un Cane Creek; where Gen'l Butler and a party of rebels had con- cealed themselves. Col'n MeNeal, who had the advance guard, had neglected to take the necessary precautions for our safety, and by information of Capt. MeLain, Cumberland county, Little River; and as soon as I had discovered the situation, we were in, and having so great a number of prisoners, I left my station, and pushed for the advanced guard; on my coming up with Col'n MeNeal, I in- quired the reason of his negleet ; and before he could answer, we were fired upon by the rebels. They killed Eight men, among them was Col'n MeNeal, who received three balls through him, and five through his horse. I then ordered a retreat back to where we left the pris- oners and after securing them, I made the necessary preparations to attack the enemy; and after engaging them four hours they re- treated. I lost twenty-seven men killed, and sixty, so badly wound- ed, that they could not be moved ; besides thirty slightly, but so that they could keep up with the main body. At the conclusion of this action, I received a shot in my left arm, which broke the bone in sev- eral pieces ; my loss of blood was so great, that I was taken off my horse, and led to a secret place in the woods. I then sent Lieut Wok- ston, to my little army, for Col'n Arch MeDugald, and Major John Rains and Lt. Col'n Arch MeKay, to take command ; to send to Wil- mington for assistance, as I was not able to take my command. I also desired that Major Rains return as soon as he could leave Col. Me- Dugald; as I thought he might be the means of saving me from the hands of my enemies. These gentlemen conducted themselves in such a manner, I think they deserve the applause of every loyal subject, both for their valor and good conduct, as Col'n Maybin and
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Butler pursued them all the way until they met Major Craigg com- ing to their assistance. They made their march good for 160 miles and never lost one prisoner, but introduced Thos. Burke, their Gov- ernor, and his regiment of rebels, to Major Craigg; who very well accepted them; and Major Craigg introduced his Excellency, and Regiment, to the Provost Master. I am informed by letters from Col. Arch. MeDugal, dated 6th of Ang., 1789, that no provision has been made for him yet. Also Major Rains, the 2nd of Oct'r, 1789. But I am in hopes when the Goverment comes to be informed, of the many services that they have done, they will consider them, and make some allowance for them. I am personally acquainted with their services. Major John Rains, was the first mau, that took up arms within North Carolina; and the last man with me, and took an active part in command in six and thirty skirmishes in N. C. (also Capt. George Rains).
At the departure of my little army, I was left with three men; and in four days 17 more came to my assistance. I made enquiry respecting the loss of the Rebels, in the late action; and found that the inhabitants had buried 24, and that the wounded they had left were 90, besides those that went off and that my party had taken 10 prisoners. Of the number of the killed was Col'o Luttrell, and Major Knowles, who were inveterate enemies to the Loyalists.
The party we had engaged I found consisted of four hundred Con- tinentals under the command of Col'o Maybin and Gen'l Butler, In twenty-four days I found myself able to set up, and then dispatch- ed four of my Captains Hooker, Rains, Knight and Lindly, to Wil- mington for a supply of amunition ; and before their return, I had sent out, and embodied 140 men, during which time I heard of a quantity of leather, which was prepared for the use of the rebel army, and was ordered for Gen'l Green's quarters at Camden. I went to the place, and finding the leather agreeable to my information, I took enough thereof to equip the company completely, and ordered the rest to be destroyed. On my return to Brush Creek, near where I had been secreted during my illness, occasioned by my wounds, I sent out spies for discovery. Two of them returned, in less than an hour, with the information of six hundred rebels, who were ad- vaneing for to attack me. But they proved no more than 170. Their accounts disheartened a number of my men. From my being in so weak a state, they apprehended I would not be able, to command them. However, they lifted me on my horse, and I formed my men
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there in two ranks and showed two fronts, as they appeared both in my front and rear; the fire continued for nearly an hour. I lost three men killed, and three badly wounded. The rebels had one kill- ed and several wounded. Then they retreated; and rallied and attacked again, after retreating, about a mile, which was so unexpect- ed, that I concluded they had been reinforced. I then retreated ; but without loss, except my baggage. I, then, separates my men in small parties, until the arrival of the four officers, I had dispatched for ammunition, to Wilmington, who brought the following letter from Maj'r Craigg, with 5,000 cartridges:
"Wilmington, 13th Oct., 1781. "Dear Sir:
Your letter gave me infinite satisfaction from the favourable ac- counts, it contained of your health, and the probability of your soon being restored to that service, in which you have done so much to your honour. I beg to accept for myself, and convey to those of your officers whom I have not yet seen, my warmest thanks for their gal- lantry and good behaviour. I enclose you the commission yon de- sider for Major Rains, who I am persuaded will endeavour to answer your warm recommendations. I have been nufortunate enough to lose the list of medicines you sent for; however I desired the Sur- geon, to send you such as he thinks, most likely to be serviceable to you; though from his not being acquainted with your case, is all by guess-I am much concerned to find the probabilities of your people suffering from want of attendance or necessaries. Nothing shall be wanting in my power, either in that respeet or that of salt for their relief. I am not at liberty to explain myself in a letter, but I hope that I shall very soon have it in my power to assist you with greater care than at present. The moment I returned here, I was in- formed of the circumstances of the stallion you mention. I deter- mined it in your favour, and took him away from Mr. Campbell, or rather from a gentleman whom he had sold him to. He has been with my horses ever since, and never rode. I now send him to you by Capt. Lively.
The long northerly winds have prevented any arrivals from Charles- ton, so that we are totally without news.
I am with much regard,
Your most ob't faithful servant,
22-14
J, II, CRAIGG."
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The following is a copy of the letter I received of Colonel Edmond Fanning of the King's Americans:
(This letter is lacking in the Mss. ED. )
The names of the Officers of Cumberland county who acted under Colo. MeDugald, as they were commissioned in their different com- panies ; who were with me, at the taking of Ilillsboro:
Archibald MeDugald, Colo.
Archibald MeKay, Lient. Colo.
The names of the Officers of Bladen county who acted under Lt. Colo. Hector MeNeal.
Hector McNeal, Lt. Colo.
John Watson, Major.
The names of the Gentlemen Officers who came as Volunteers from Wilmington, for recreation, and to explore the country, and was at the taking of Hillsborough with me :
Alexander MeCraw, Capt. of Gov'r Martin's Regt.
Daniel MeDonald, Lieut, do. do.
Malcom MeKay, Ensign do. do.
John Mckenzie, Capt.
Hector MeNeal.
Charles Campbell.
James Dawson.
Sometime after the receipt of the foregoing letter I intercepted an express bound for Gen. Greene's Camp, which was at that time near the lines not far from Charleston; amongst which was Lord Cornwallis's capitulation, which I have since lost. We continued in small parties until Major Craigg evaenated Wilmington, when one day I took a man with me to go for intelligence and to provide oats for the party I kept with me. When at a house I spied a party of thirty rebels, coming towards said house; where I was. We instantly mounted, and rode off. On my return to my men, I ordered sixteen of them, to mount ; and went back to the house we had left, but found them gone off. I pursued them about sixteen miles; when we came up with them. We killed three of them and wounded two; who I took prisoners. I had no loss or accident on our part.
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