11: i^^^^l^^^^^^^^ ■ illil ■IP ■■liil ®0tttrfl lltitovjsitg pibatg THE GIFT OF ^a,\V.fe.^yu^ l\.Z$n\Eh Vfc|vT/iH- Cornell University Library E263.N8 G74 General Joseph Graham and his papers on olin 3 1924 032 738 233 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924032738233 ./■k ' I / Gen .IdsKPn GRAHAjr. General Joseph Graham AND HIS PAPERS ON NORTH CAROLINA REVOLUTIONARY HISTORY WITH APPENDIX An Epitome of North Carolina's Military Services in THE Revolutionary War and of the Laws Enacted for Raising Troops major ^A^ILLIAM A. GRAHAM, LINCOLN COUNTY, N. C. PUBLISHED FOR THE AUTHOR, BY EDWABDS & BROUGHTON, RALEIGH, 1904. i PART I. GENERAL JOSEPH GRAHAM. ILLUSTRATIONS. General Joseph Graham Frontispiece Court House at Charlotte, May 20, 1775 40-251 Ruins of Vesuvius Furnace 136 Vesuvius Furnace Dwelling 159 John D.Graham 174 Mrs. Sophia Witherspoon 175 James Graham - 177 Mrs. Violet Alexander 180 Mrs. Mary Morrison 181 William A. Graham 182 Machpelah Church and Cemetery... 170 CONTENTS-PART I. CHAPTER I. Family... 9 1. James Graham 9 8. Mrs. Mary Graham 15 3. John Graham, M.D 18 4. Queen's Museum, or Liberty Hall 19 CHAPTER II. Gen. Geoeqe Graham 25 1 . Services in Revolutionary War and Civil Life 26 2. Family.... 35 CHAPTER III. Joseph Graham 36 1. Prior to the Eevolutionary War 36 Convention at Charlotte, May 20th, 1775 41 2. Services in the Eevolutionary War 42 Engagement at Charlotte .-. .- 61 Andy Jackson and Jo. Graham, Mrs. Alexander's anecdotes 67 Governor Graham's criticism of National Intelligencer 80 Hornets' Nest 84 Mecklenburg and Rowan Counties 85 British opinion of the inhabitants 85 8. Subsequent to the Revolutionary War 87 U. S. Commissioner and Sheriff of Mecklenburg county. . 87 4. Subsequent to the Revolution 91 Civil and political Services 91 Conventions to Consider Constitution of U. S.. 91 Legislative, 1788-92; State of Franklin and Jno. Sevier... 94 Principal Laws Enacted 95 A Plan for a Military Academy in N. C. , 1802 124 Letter to General Davie concerning U. S. Army 184 5. Manufacture of Iron in Lincoln County, N. C 136 History of Iron Manufacture in Lincoln County 142 6. War of 1812-'14 144 7th Regiment N. C. Militia In Service of U. S., 1814. 146 6 Contents. 7. Civil and Personal History in Lincoln County 159 8. Mrs. Graham and Her Father's Family 166 History of Unity Presbyterian Church 168 Machpelah Church and Cemetary 170 9. Children and Grand-Children - 174 CONTENTS— PART II. Map of MECKLENBUEa County 1789. KEVOLUTIONARY PAPERS PREPARED, 1820-'7, FOR JUDGE MURPHEY'S PROPOSED HISTORY OF NORTH CAROLINA. CHAPTER I. 1. Correspondence Between Judge Murphey and General Graham.. 193 1. Chronology of Revolutionary Events to be noticed 193 3. Three Expeditions of North Carolina Troops Prior to the Revolutionary War - 198 2. North Carolina Nevcspapers and Historical Matter 199 3. Mistakes by Historians as to North Carolina Soldiers 203 1. Cornwallis at Charlotte, 1780 202 2. Condition of the Catavcba, January 1781 303 3. Picken's Troops, 1781, North Carolinians— Hart's Mill 203 4. Clapp'sMill 306 5. Dickey's Farm — Pyle's Massacre 207 CHAPTER n. 1 . Notice of Historical Events in North Carolina 208 3. The Battle of Ramsaur's Mill, (with note) 211 CHAPTER III. 1. Expedition Against the Tories in the Forks of the Yadkin 338 2. Affair at Colson's Mill 230 8. Gen. Sumter assumes command of North Carolina Troops 233 4. Affair at Rocky Mount 236 5. Militia will not remain in Camp except for Active Service 235 Contents. 7 CHAPTER IV. 1. Battle of Hanging Rook 339 2. Engagement at Charlotte and the Cross Roads, and Events Preceding and Following 241-57 3. Mecklenburg Self Reliant ...245 4. General Davidson Assumes Command 346 5. Mclntyre's Farm ; Heroes of Mclntyre's Farm .258=62 6. Royal Governor Martin's Proclamation, October 3, 1780 263 7. Cornwallis's Retreat to Winnsboro, S. C 269 CHAPTER V. Battle of King's Mountain (with map) 273 Note: Col. William's Troops North Carolinians 282 CHAPTER VI. 1. Reorganization of Gates' Army 284 2. General Green Assumes Command 285 3. Morgan's Retreat from Cowpens 287 4. Generals Greene, Morgan, and Davidson and Col. Washington Confer at Beattie's Ford 389 5. Battle of Cowan's Ford (with map) 288 Note: The Henry Pamphlet 303 fl. To Salisbury and Trading Ford 300 CHAPTER VII. FROM COWAN'S FORD TO GUILFORD COURT HOUSE. 1. Shallow Ford ..307 2. General Pickens Assumes Command of North Carolina Troops 311 3. Hart's Mill 313 Col. R. H. Lee (Light-horse Harry) arrives with his Legion. 817 4. Pyle's Massacre 318 Tarleton's Account of it 332 5. Dickey's Farm 334 Death of Major Micajah Lewis 336 6. Clapp'sMill 339 Brittish Mistake Tories for Americans 339 7. WhitseU's Mill 340 8 Contents. CHAPTER VIII. CLOSING SCENES OF THE REVOLUTION IN NORTH CAROLINA. 1. General Thomas Polk Succeeds General Davidson as Brigadier General - 351 2. General Sumter Raises Troops in Mecklenburg and Rowan Coun- ties for South Carolina Regiments - 353 Major Craige at Wilmington - ..853 3. General Rutherford's Campaign on the Cape Fear 356 McFall's Mills -- 358 Raft Swamp - 360 Governor Martin _ 363 Moore's Plantation 366 Brick House 369 Great Bridges 370 Colonel Gainey 371 Seven Creek's j 371 Surrender of Cornwallis .- ..373 4. Final Orders of Major Graham 374 Col. Wade's Report of Fight at Beattie's Bridge, Aug., 1781 375 APPENDIX. North Corolina's Military Service in the Revolutionary War 378 Laws Enacted Raising Troops for Service 380 GENERAL JOSEPH GRAHAM. CHAPTER I— FAMILY. 1. James Graham. 3. John Graham, M,D. 2. Mrs. Mary Graham. 4. Queen's Museum or IvIberty Hall. I. JAMES GRAHAM. HIS FAMILY BY FIEST MAKEIAGE. James Graham, the father of Joseph Graham, was of Scotch-Irish descent. When the Province of Ulster had been greatly depopulated by the armies of Elizabeth and James I. on account of the adherence of the inhabi- tants to the Roman Catholic religion and their opposi- tion to the establishment in their country of the Church of England, King James endeavored to repopulate it with emigrants from England and Scotland, and also with Irish Protestants. Grants of land were made to these on condition that buildings should be erected and other designated improvements made in a specified time. The Scotch emigrants: settled mostly in the counties of Antrim and Down. The Scots who went to Ireland were called Scotch-Irish, to distinguish them from their brethren who remained in Scotland. Their descendants have retained this designation in all laiids to which they have emigrated, and especially in America. They are not an admixture of the Scotch and Irish races, but are Scots who lived in Ireland and their descendants. Rev. Alexander Stuart, in his book, "A Short Account 10 GENERAL JOSEPH GRAHAM. of the Church of Christ as It was Amongst the Irish and After the Entry of the Scots," names among the families emigrating from Scotland to Ireland prior to 1618, Baily, Balfour, Forbes, Graham, Hamilton, Keith, Mc- Donald and Stuart. These names were conspicuous in the affairs of Scotland in the time of James Graham, Marquis of Montrose, known in the history of Scotland as "the Great Marquis." Some of them were his de- voted adherents. Gen. Joseph Graham, in an obitu- ary of his brother George Graham, in 1826, says: "By tradition in the family, James was a descendant of a kinsman and follower of the celebrated Montrose, who made such a conspicuous figure in the civil wars in Scotland in the reign of Charles I., and when the English army prevailed in Scotland, Montrose fled to Holland, and his adherents, among whom was a clan of the Grahams, passed over to the north of Ireland, where their descendants! yet reside." This kinsman of Mon- trose was probably Patrick Graham of Inchbrackie, whom Morris in his Life of Montrose says was the best loved and trusted of all his kinsmen. Montrose stayed with him at his residence, Tullibelton, on the river Tay, between Perth and Dunkeld, when on his way to rally the Highlanders in support of King Charles I., and Graham was his only companion to the place of as- sembly. He commanded the Atholmen in the battle of Kylsyth, and was probably with him on the fatal day at Philliphaugh. The Atholmen were still true to Montrose even after this disaster, and Patrick Graham was doubt- less among the faithful followers to whom Montrose bade farewell at Eattray before embarking for Prance. This kinsman of Montrose probably came to Ireland in JAMBS GKAHAM. 11 1646-9. James Graliam was bom in 1714, and was, it is believed, his grandson or great-grandson. Morris gives the following branches of the clan Gra- ham as represented at the funeral of the father of Mon- trose in 1626: Montrose, Inchbrackie, Claverhouse, Morphie, Fintrie, Orchill, Bungalow. As there was a tide of emigration from Scotland to Ireland in the seventeenth century, so one hundred years later there was one from Ireland to America, chiefly to the Province of Pennsylvania. Among these emigrants was James Graham, from the north of Carlingford Bay, County Down, Ireland, in 1733, who at the age of nine- teen years, came to the county of Berks, Pennsylvania. It is not positively known which of his kindred came with him, but there were Grahams among the emigrants v/ho, about this time, settled in Lancaster County, only twenty miles distant, and it is probable that some of these were his kindred. Among these were John and James Graham, from County Donegal, who afterwards moved to the Calf Pasture, in Virginia. Their descend- ants are still found in Augusta County and in South- west Virginia. Also Michael Graham, a descendant of Montrose, and whose grandson. Rev. Wm. Graham, was the first president of Washington College, now Wash- ington and Lee University.^ This college has always been under the control of the Presbyterians. Montrose was not a Roman Catholic, but a Presbyterian, who was • The Graham Family by David Graham. 12 GENERAL JOSEPH GRABEAM. loyal to his king although of different religions faith. Charles I. was not a Romanist, but of the Church of England. Montrose was excluded from the kirk on account of his loyalty to Charles, and not for his relig- ious belief. He so professed when asked to recant by the ministers who attended him at the time of his exe- cution. "I am very sorry that any actions of mine have been offensive to the church of Scotland, and I would with all my heart be recon- ciled to the same. But since I can not obtain it on any other terms unless I call that my sin which I account to have been my duty, I can not for all the reason and conscience in the world." Again, "It Is objected against me by many, even good people, that I am under the censure of the church. This is not my fault, seeing it is only for doing my duty, by obeying my Prince's most just commands, for religion, his sacred person and authority. Yet I am sorry they did excommunicate me; and in that which is according to God's laws without robbing my conscience or allegiance I desire to be relaxed."^ JAMES GRAHAM-'S FIRST MARRIAGE. I have been unable to learn the maiden name of his first wife. She bore him six children, viz. : 1, James, 2 Henry, 3 Charles, 4 William, 5 Elizabeth — who mar- ried James Hennery, 6 Mary — who married Lewis Mor- gan. Henry died unmarried shortly after his father. In 1765, William does not appear as a legatee in the dis- tribution of Henry's estate; he may have died prior thereto. FAMILY BY SECOND MARRIAGE. After the death of his first wife he married Mrs. Mary Barber, whose maiden name was McConnell and who had one child, Esther, by her first husband. This ^ Life of Montrose, Morris. JAMES GRAHAM. 13 marriage probably occurred about 1750. In 1765 the Orphans' Court of Chester County, Penn., appointed Evan Evans guardian of the five children, none of whom was fourteen years of age. By this marriage James Graham had five children, viz., John, George and Joseph, notices of whom follow in this book, and two daughters (1) Sarah, who married Eobert Allison, grandfather of the late E. Washington Allison, father of Senator John P. Allison, of Cabarrus County, and who was a member of the congregation of Poplar Tent Pres- byterian Church, Cabarrus County. Eobert Allison died in 1804, Mrs. Allison in 1825. They are buried in the cemetery of Poplar Tent Church. (2) Ann, who married Thomas Barnett. They lived in the bounds of the Steele Creek congregation. He was the an- cestor of the Prices, Elms and others in that locality. He was a soldier in the Eevolutionary War; among other services he was a member of Joseph Gra- ham's company at Charlotte, September 26th, 1780, and at Cowan's Ford February 1st, 1781, and there fired the shot which killed Colonel Hall of the British Army. He died in 1832, and is buried in the Steele Creek Cemetery. Mrs. Barnett died near Jackson, Tenn., in 1841. James Graham died October. ., 1763, aged 49 years. He was then a citizen of London Britain, now (1903) known as Yeatman's Mill, Chester County, Penn. He appears as a renter of property from John Evans in 1763, and probably earlier. He is not in the list of tax- ables in that township for 1758, but we find among the single freemen James Grimes' two sons. His will is 14 GENERAL JOSEPH GRAHAM. recorded in Chester County, Pennsylvania, and is asi follows, viz. : In the name of God, Amen. I, James Graham, Farmer of London. Britain in the County of Chester and Province of fennsylvania, being weak and sick in body but of sound mind and perfect memory, do make and order my last will and testam'ent in the form and manner following: First. I leave to my son Henry fifty pounds and all my wearing apparel and the third of the Benefit of the place auring the lease, if he'll come and work it along with the three boys. 2. I leave to my son Charles twenty pounds. 3. I leave to my daughter Elizabeth ten pounds. 4. I leave to my daughter Mary the Snip mare and saddle and the bed and stead which she lies on and 35 pounds in cash. Sly. I leave to my son James the gray colt and nev/ saddle and twenty pounds in cash. 61y. I leave to my son William twenty pounds in cash. 71y. I leave the remaining part of all my Estate, real and per- sonal, after the above Legasys are paid, to be equally divided be- twixt Mary, my Beloved wife, and my sons John, George & Joseph, & Sarah & Ann. I leave to my beloved wife over and above her equal share, the Doe mare and her saddle and two feather beds and all the Putter* and Pots. I leave the three little boys each of them a colt besides their proportional share. I do order that my young- est five children should live with their mother during her widow- hood and be schooled and clad out of the interest of their money & that if any of them should die their part should be Equally di- vided amongst the rest and that the three boys should be bound out to trades when they are fit for it. Finally I appoint Mary my wife and James Kennedy the Executors of this my last will and testament. I do hereby revoke all other wills by m'e made before this and do publish and declare that this and none other be my last will and Testament. Given under my hand and seal this 13th day of Oct., 1763. * Note.— The plates, dishes and drinking vessels of this period were gener- ally made of pewter and more or less ornamented or burnished. This material was well-suited to the rough transportation of those times. First the cups and saucers gave way to those of china and earthenware, and gradually the other articles were supplanted by those of different material. In the will of Mary Wash- ington, mother of the President, made twenty years subsequent to this time, as lately published in the papers, the tableware seems to have been of pewter with the exception of two tea sets (one dozen) of cups and saucers of china. Governor John Hancock of Massachusetts, 1786, regarded his embossed pewter plates as his finest table furniture. MES. MARY GRAHAM. 15 Signed, sealed and Delivered to be the Last Will and Testament of James Graham. James Geaham. Before us John Dickie Thomas Dugles. This will was proven Oct 22d, 1763. In 1784 Mary Graham was assessed for taxation on 200 acres of land, four horses, four cattle, seven sheep and one negro. This property was doubtless the estate of James Graham not specified in his will. 2. Mrs. MARY GRAHAM. The Scotch-Irish, like bees, seem to have moved in swarms: first, from Scotland to Ireland, 1610 to 1640; second, from Ireland to America, 1730 to 1750; third, from Pennsylvania Southward, 1750 to 1775. ■With the last came Mrs. Graham, with her cousin Charles Moore, to the vicinity of Spartanburg, S. C. She remained there but a short time, and about 1768 removed with her children to Mecklenburg County, N. C. In 1771 she appears on the records of the county as the purchaser of two hundred acres of land on the head waters of Paw Creek, from Alexander Berryhill, for forty pounds of proclamation money. This place is on the Beattie's Ford road, three miles from Charlotte. After her death her son George re- sided there during his life; his son-in-law, Major Bost- wick, and afterwards his widowed daughters, Mrs. Car- ruth and Mrs. McRee succeeded him. About 1860 the property was sold by the family. Dr. Paul Barrin- ger now ( 1903 ) , chairman of the faculty of the Univer- 16 GENERAL JOSEPH GRAHAM. sity of Virginia, owns it. It is occupied by a tenant. Dr. Barringer is a descendant in the fourth generation from Mrs. Graham. She was a member of Sugar Creek church, and resided within the bounds of its congrega- tion. She died July 7th, 1791, aged 71 years, and is buried in the old Sugar Creek graveyard. About 1861 her tombstone was found leaning against the wall of the cemetery. Not knowing the locality of her grave, her grandchildren had it placed by that of her son George in the Presbyterian cemetery in Charlotte. She must have been a woman of fine business capacity and an excellent mother. Left a widow with six small chil- dren, the youngest scarcely four years old, she emigrated to a new section, purchased a home and reared her chil- dren. Although of limited means, after giving them such instruction as she was capable of doing she sent most of them to the best school in this section of the country, Queen's Museum. She instilled into all of them a love for learning and a desire to acquire knowl- edge. Her sons were among the most prominent men of their time, and probably came into public notice at an earlier age than any other youths of the county. Her daughters were the heads of families whose de- scendants are known for their virtues and intelligence, and have ever been prominent in the communities in T/liich they reside on account of their worth and public spirit. Her children were noted not only for their intelligence and activity in worldly matters, but were also earnest supporters of morality and religion. Although she lived in what was termed a retired sec- tion of the country, far from the busy marts of the MES. MARY GKAHAM. 17 world, and was perhaps hardly known beyond her own community, yet in the example she set them and the training she gave the children committed to her care, she conferred a great blessing upon her country. "Oh wondrous power how little understood. Entrusted to the mother's mind alone To fashion genius, form the soul for good Inspire ai West or train a Washington." I append a copy of the epitaph upon her tombstone, as showing the custom of those times. Nearly every slab in the cemetery contains verses, either original or copied from the "Psalms and Hymns." Some of these inscriptions are quite odd ; most of them refer wholly or partly to the Resurrection : "No I'll repine at death no more But with a cheerful gasp resign To the cold dungeon of the grave These dying withering limbs of mine. "Let worms devour my withering flesh And crum'ble all my bones to dust My God shall raise my frame anew At the revival of the just. "Break sacred morning thro' the skies Bring that delightful dreadful day Cut short the hours dear Lord and come Thy lingering wheels how long they stay. "Haste then upon the wings of love Rouse ail the pious sleeping clay That we may join the heavenly joys And sing the triumph of the day." The members of the Graham family in Pennsylvania and North Carolina maintained communication and ex- 18 GENERAL JOSEPH GRAHAM. changed visits. They came and went by sea to and from Charleston, S. C, and thence by land and water to Mecklenburg County, for many years. Two of the sons came to North Carolina in 1800. On the return one was drowned at sea. This was the last visit. They gradu- ally ceased correspondence and the connection was lost. Mrs. J. Scott Ferguson (Nannie Graham), of Pittsburg, Penn., is of the Pennsylvania branch. 3. Dr. JOHN GRAHAM Eldest son of James Graham by his second marriage, was born in Pennsylvania. He was educated at Queen's 3/Iuseum, afterwards Liberty Hall, in Charlotte, and received a diploma or certificate, the only one now known to be in existence, of which the following is a copy : State of North Carolina, Mecklenbiibo County. This is to certify that Mr. John Graham hath been a student in the Academy of Liberty Hall, in the State and county above men- tioned the space of four years preceding the date hereof; that his whole deportment during his residence there was perfectly regular; that he prosecuted his studies with diligence and made such acquisi- tion, both in the languages and scientific learning, as gave entire satisfaction to his teacher. And he is hereby recommended to the friendly notice and regard of all lovers of Religion and Literature wherever he comes. In testimony of which this is given at Liberty Hall, this 22d of Novem'ber, 1778, and signed by Isaac V. Alexandeb, President. Ephbaim Brevaed, Abraham Alexander, Trustees. In December, 1775, he served as a. private in tlse expe- DE. JOHN GBAHAM. 19 dition against the Scovillite Tories. On account of the deep snow which fell during this campaign it is gen- erally called "The Snow Campaign." In 1776, John was a member of the company that marched from Meck- lenburg to aid in suppressing the Tories in the lower Cape Fear region. At Cross Creek, learning the re- sult of the battle at Moore's Creek Bridge, his company returned home. In this company were twenty students of Queen's Museum, of which he was a student. It was commanded by Dr. Ephraim Brevard, who was then a professor in the college. An account of these expedi- tions taken from his journal was published in The Southern Home, Charlotte, N. C, in 1874. After graduating at Liberty Hall he taught school several years, then went to Philadelphia as tutor in the family of the celebrated Doctor Kush, with whom he "read medicine." He procured sufficient funds to at- tend medical lectures, and was graduated as a physician from the University of Pennsylvania. He married Miss Margaret Witherspoon, of York County, South Carolina, and settled at Blacksburg, in that State. They had no children. 4. QUEEN'S COLLEGE OR MUSEUM. John Graham was a graduate and Joseph a student of this school. The building stood upon the lot on which the Mecklenburg County court-house now (1903) stands. Prior to 1770 there were in this Province only two academies chartered by the Legislature and approved 20 GENERAL JOSEPH GRAHAM. by the King and Council, with power to confer degrees. One of these was at Edenton, the other at New Bern. There were classical schools of more or less extended curriculum in many of the Presbyterian congregations and at other points in the country and in some of the towns. This school at Charlotte town was in the bounds of the Sugar (Sugaw) Creek congregation, and seems to have been one of the oldest and the most important in the Province. It was established at an early date and flourished under Rev. Joseph Alexander, who suc- ceeded Kev. Alex. Craighead in 1766 as pastor of Sugar Creek church. January 15th, 1771, the Colonial Legis- lature granted it a charter empowering it to confer the degrees of A. B. and A. M. upon its graduates. The act was approved by the Royal Governor and the Crown attorney, and forwarded to the King for his action. There are two errors in the histories that I have seen as to this charter. They assert : 1. That its president was not required to be of the Established Church. 2. That it received no State aid. (1) One section of the charter is as follows: "And provided further, that no person shall be permitted to be president of the said college but who is of the Estab- lished Church, and who upon being nominated and appointed by the Fellows and Trustees as aforesaid, or the majority of tJiem, shall be duly licensed by t'.e Governor or Commander-in-Chief for the time being." (2) Another as follows: "And the said Fellows and Trustr^es being desirous that some certain revenue be raised for founding, establishing and endowing the said QUEEN^S COLLEGE OK MUSEUM. 21 college : Be it enacted by the authority aforesaid, that a duty of six pence per gallon on all rum or other spir- ituous liquors brought into and disposed of in JMeck- lenburg County be paid for and during the space of ten years from and after the passing of this act by the own- ers and carriers thereof for and towards the raising the sum for purposes aforesaid, which duties shall be col- lected and accounted for and paid to the treasurer of the said college in the same manner and under the same penalties and restrictions as other duties on spirituous liquors are now paid and collected by law." The notorious Edmund Fanning is named first in the list of trustees, and was the first president of the institution. Foote in his Sketches of North Carolina says that Fanning offered to get a charter if they would make him Chancellor of the institution, but this was refused. I think he is mistaken as to the refusal. Fanning left North Carolina and went to New York with Governor Tryon in the summer of 1771. The next session of the Legislature in December, 1771, amended the charter so that degrees could be conferred in the absence of the president, "who is now out of the Province." The charter required all diplomas to be signed by the presi- dent. Fanning, while a citizen of North Carolina, re- sided in Orange County, more than a hundred miles from Charlotte ; he could have had but little to do with the operations of the school ; it must have been admin- istered by the professors and tutors, who were all Pres- byterians, and hence the law as to control by the Church of England was evaded. Governor Tryon forwarded the charter, with other 22 GENERAL JOSEPH GRAHAM. acts of the Legislature, to the King for his approval in March, 1771. The Board for the Government of the Province made the following report upon this act to His Majesty: "The Second of these Acts Is for the Institution and Indowment of a College, and Mr. Jackson, to whom it was referred, has reported no objection thereto in point of Law. Mr. Tryon, Your Majesty's Governor of North Carolina, in his letter of the 12th of March, 1771, observes upon this Law "that it is but the Outline of a foundation for the education of youth, that the necessity for such an institu- tion in that Country is obvious, and the propriety of the mode therein adopted must be submitted to Your Majesty; that although the President is to be of the Established Church and licensed by the Governor, yet the Fellows, Trustees and Tutors, he apprehends, will be generally Presbyterians, the College being promoted by a respectable Settlement of that persuasion, from which a consider- able body marched to Hillsborough in Sept., 1768, in support of Government. "Prom this Report of Your Majesty's Governor and from the prev- alency of the Presbyterian persuasion within the County of Mecklen- burg, we may venture to conclude, that this College, it allowed to be incorporated, will, in effect, operate as a Seminary for the edu- cation and Instruction of youth in the Principles of the Presbyterian Church. Sensible as we are of the wisdom of that tolerating Spirit which generally prevails throughout Your Majesty's Dominions, and disposed as we particularly are in the Case before us, to recom- mend to every reasonable Mark of favour and protection a Body of Subjects who, by the Governor's Report, have behaved with such loyalty and zeal during the late Troubles & disorders, still we think it our duty to submit to Your Majesty, whether it may be advisable for Your Majesty to add Incouragement to toleration by giving the Royal Assent to an Establishment which in Its consequences prom- ises great and permanent Advantages to a sect of Dissenters from the Established Church who have already extended themselves over that Province in very considerable numbers. "By this Act a Duty of Six pence per Gallon is laid on all Rum and other spirituous Liquors brought into and disposed of in Meck- lenburg County, as a Fund for raising Revenue for support of the Institution; In what manner this clause may operate as a Tax upon the consumption of British Spirits, or from' the looseness of its QUEEN^S COLLEGE OR MUSEUM. 23 wording how far It may be strained to exempt Spirits manufact- ured -within this County from the duty imposed, we can not pretend to foresee; but it would seem that a Foundation proressedly for Gen- eral uses ought not in regularity to he supported by a Tax partially imposed upon any one County in particular. But when to the above observations we add that this Law is not accompanied by a Clause of ■suspension,'' though it clearly comes under the description of those Acts, which by Your Majesty's Instructions are directed to be so passed, as being of an unusual and extraordinary nature & im- portance, and persuaded as we are of what consequence it is on all occasions to enforce this Your Majesty's Institutions, we do not hesi- tate humbly to recommend to Your Majesty to signify your Royal disallowance of this Act." The Act was disallowed by the King, April, 1772. In 1771 Josiah Martin, the Eoyal Governor, submitted an amendment, with other acts of the Legislature, to the King, as follows : Amendment to Chapteb Enacted December, 1771. "9th. An act to amend an Act intituled an Act for founding, establishing and endowing of Queen's College in the Town of Char- lotte in Mecklenburg County. "The design of this Act being to invest the Trustees and Fellows with the pov/ers of Graduation during the absence of the President, who is now out of the Province, without which the Institution would be im'perfect, I thought it proper to assent thereto." No diplomas could be granted, since the President (Edmund Fanning) was absent from the State. The King disallowed the amendment, and Governor Martin issued the proclamation which appears below: "North Carolina — ss. "By His Excellency Josiah Martin, Esquire, Captain-General, Gov- ernor and Commander-in-Chief in and over the said Province. "A Proclamation. "Whereas, His Majesty hath been pleased by His Royal Order in Council bearing date at St. James the Seventh day of April, 1773, *This clause w.'iR a.s follows: "Provided, tbat, the execution of thi.-s act be sus- pended, till Ms Majesty's Royal Will and Pleasure be known thereupon ." 24 GENERAL JOSEPH GRAHAM. to declare His Royal Disallowance of an Act passed In the General Assembly of this Province In December, 1771, intituled 'An Act to amend an Act intituled an Act for Founding, Establishing and endowing of Queen's College, in the Town of Charlotte, in Mecklen- burg County,' I do, in pursuance of His Majesty's Royal Commands, issue this Proclamation, hereby declaring the said Act Disallowed, Void, and of none effect, whereof all persons are required to take notice and govern themselves accordingly. "Given under my Hand and the Great Seal of the said Province at New Bern, the 28th day of June, A. Dom. 1773, in the 13th year of His Majesty's Reign. "God save the King. Jo. Martin." In April, 1777, the first Legislature of the State of North Carolina incorporated the institution under the name of Liberty Hall, but referred in the act to its for- mer existence and usefulness. Its operation was much disturbed during the Eevolutionary War, and the build ing was used as a hospital both by the American and British armies. After the Eevolutionary War, the Pres- byterians transferred the college to Winnsboro, S. C. GENERAL GEORGE GRAHAM. 25 CHAPTER II. GENERAL GEORGE GRAHAM. George Graham, second son of James and Mary Gra- ham, was born in Chester County, Pennsylvania, De- cember 5, 1757. He came to Mecklenburg County with his mother and family when he was about ten years old. His education was such as was common to the youth of that period, which was about the time the college in Charlotte (Queen's Museum) was at its zenith. Al- though he was not educated in that institution, yet it created a kind of literary atmosphere, and by mixing with its students he acquired a taste for reading, whereby his mind became improved beyond many whose opportunities were superior. The first public meetings in Charlotte at the begin- ning of the Revolutionary War he attended, and al- though too young to be a counselor, he read with solicitude the public prints and many manuscripts of their proceedings, which it is to be regretted were not preserved to the present day. He attended the memora- ble meeting of the Committee on May 20, 1775, which de- clared independence. An official copy of this declara- tion was sent to Congress by Capt. Jamesi Jack. When Captain Jack on his way to Philadelphia halted in Salis- bury for refreshment, his destination and the object of his trip becoming known, a Mr. Boote and; John Dunn, lawyers, the first of note and both remembered, threat- ened to have Jack taken up for treason, and actually tried to influence the authorities to have him arrested. Captain Jack drew his pistols, threatened to shoot the 26 GENERAL JOSEPH GRAHAM. first man who dared to interrupt him, and passed on. The news of this proceeding reached Mecklenburg; the committee convened and ordered twelve horsemen to Salisbury to bring these parties before them to answer for their conduct. George Graham was one of the twelvt- sent. The horsemen, agreeable to tlieir orders, brought the lawyers, on August 1, 1775, after an all-night ride. The committee found them guilty of "conduct inimical to the cause of American freedom," and sent them to Camden, S. C. ; there they were sent before the Congress of South Carolina, which sent them to Charleston for imprisonment, where they remained for several years, and then went to Florida. George Graham was of the party which took them to Camden. This was the first military duty performed by the Mecklenburg militia in the Kevolutionary War, and is believed to be the first by any troops in the South. In the autumn of 1775, he, under the command of General Rutherford, served in the campaign against the Chero- kee Indians. When in the Nation he was one of the party selected to pursue Scott and Hicks, two British traders, who, it was believed, had instigated the Indians to war. The detachment overtook them at what was then called the Over Hill Towns, on Hiawassee River, and brought them back as prisoners. SERVICES IN THE REVOLUTIONARY WAR. Shortly after his return from the Cherokee campaign, another force was raised to go against the Scotch near Cross Creek, now Payetteville, who were raising men for Britain. George Graham was a member of this ex- pedition. Tliey went as far as Cross Creek, where, GENERAL GEORGE GRAHAM. 27 learning of the defeat of the Scotch at Moore's Creek Bridge by Colonel Caswell, and that the Tories were dispersed, they returned home. By order of the Meck- lenburg committee, he was twice after this sent out as one of a detachment into Tryon County to overawe and suppress Toryism. He held commissions, which were by appointment of the Governor, for one year each, in the Mecklenburg or- ganization of State militia almost during the entire period of the Revolutionary War. He states that five of them were dated on his birthday, the 5th of December. His commission in the South Carolina troops was dated April, 1781. It having been lost, a new one was issued, dated December 5, 1781. Early in 1780 he served in a campaign as lieutenant under Major Sharp, later of Tennesseee, who was his Captain. They assisted in making the entrenchments and placing abbatis at Charleston before it was besieged. By service with the regular soldiers at this point he be- came well versed in military tactics and the duties of an officer in active service. Their term of service having expired, his command was relieved by another detach- ment of militia only two days before the town was closely invested by the British. The troops who re- lieved him were captured when the town was taken. After Buford's defeat, Mecklenburg County was the "frontier," and her militia almost continually under arms. He was a lieutenant in this force, and present at every call to service; v/as with General Rutherford when he marched to Ramsour's Still. On the 6th of August, 1780, he, as a lieutenant in the company of Capt. James Knox, participated in the battle of Hang- 28 GENERAL JOSEPH GRAHAM. ing Eock. A ball passed through his coat on the top of the left shoulder and another between the barrel and ramrod of his rifle, near the thimble, next the lock. A party of fifteen or twenty of the enemy took shelter in a cabin with a clapboard door and began firing through the cracks. Captain Knox, with half the men, charged the front door. Lieutenant Graham with the rest charged the rear door. Captain Knox ran against and broke down the door, the enemy fled out of the rear door, and Graham's party shot down several of them. Capt. David Eeid, of Steele Creek, and seven others, were killed and fifteen wounded. After Captain Eeid's death, Lieu- tenant Graham commanded his company during the action. He commanded a detachment of infantry that accompanied Colonel Davie's cavalry in the attack on a party of Tories at Wahab's (now Walkup's) plantation at Waxhaw, September, 1780. The infantry was sent through a corn field, when firing on the Tories; the Tories fled out of the mouth of a lane towards the Brit- ish camp, in the vicinity of which they were met by the cavalry and defeated. When the British army entered Charlotte, September 26, 1780, Lieutenant Graham re- treated with General Davidson's army to Phifer's, be- yond Eocky Eiver, and now in Cabarrus County. The enemy not advancing, but showing a disposition to re- main in Charlotte for some time, Capt. James Thompson and Lieut. George Graham, by permission of General Davidson, returned to their homes and collected a party of fourteen men, and on the 3d of October defeated Major Doyle, who commanded a foraging party of upwards of five hundred, at Mclntyre's, on the Seattle's Ford road, seven miles from Charlotte. While Lord Cornwallis GENERAL GEORGE GRAHAM. 29 remained in Charlotte, they continued in the thickets about Long Creek and the heads of Sugar and Pav/ Creeks and procured rations at night. They made ar- rangements with the women who resided on the roads leading north and west from Charlotte, to give them notice by flags or other signals of any parties that should pass out, but the enemy sent no foraging parties in that direction after the affair at Mclntyre's. Major Stead- man, the Commissary General of Lord Cornwallis, in his history, refers to the attention that this command paid to his forces. He says that the men of this country, in- stead of remaining at home to receive pay for such pro- visions as he might wish to purchase for the army, were organized in predatory bands, attacking the trains sent out to procure supplies. There is an account of the affair at Mclntyre's Branch, and also of the battle of Hanging Rock, in Part II of this book. George Graham was present as a volunteer in his brother's company of cavalry at the battle of Cowan's Ford, February 1, 1781. In the spring of that year he was Adjutant of one of the regiments called "State Troops" (Colonel Polk), raised by South Carolina in Mecklenburg County for a term of ten months, and belonging to the command of General Sumter. In this service he was in several skirmishes with both British and Tories; was at the taking of Orangeburg and with the State troops and Washington's cavalry when they were detached to thvrart Lord Eaw- don's efforts to relieve Ninety-six, and which when Gen- eral Greene retired, covered his retreat. Some time after this, owing to hard service and a warm climate, he con- tracted fever, obtained a leave of absence, and with diffi- 30 GENERAL JOSEPH GEAHAM. culty reached home. He did not recover in time to rejoin his regiment until two months before his term of service expired. After the close of the Revolutionary War he was fre- quently in the militia service of the State, and passed through all the grades from Major to Major-General. SUBSEQUENT TO THE REVOLUTION. He succeeded his brother Joseph as Sheriff of Meck- lenburg County in 1786, and was annually continued in said office until 1792. The following is a copy of his commission as Sheriff in 1786 : The State of North Carolina, To George Graham, Esq. — Greeting: Out of the Assurance we have of your fidelity, integrity and ahil- ities WE DO by these Presents nominate constitute and appoint you the said George Graham to be Sheriff of Mecklenburg County for one year from the nomination of the said County Court in June last. To have, hold, use, exercise and enjoy the said office of Sheriff together with all powers and authorities, fees, privileges and emoluments which to the said office of sheriff doth or may of right belong or apertain. Witness RICHARD CASWELL, Esq., our Governor, Captain-Gen- eral and Commander-in-Chief, under his Hand, and the Great Seal of the State, which he has caused to be hereunto affixed at Fayette- ville the ninth day of December Anno Dom. 1786 and in the Xlth year of our Independence. R. C. Caswell. By His Excellency's Command W. Caswell, P. S, (Private Secretary.) Received of Joseph Graham Eighteen Shillings & Eight pence fees of this Commission. Winston Caswell. On retiring as Sheriff in 1792, he entered for collec- tion all arrearages in taxes, executions, etc., in a book, which he used, as .shown by dates therein, until 1794. GENERAL GEORGE GRAHAM. 31 Mecklenburg then embraced also what is now Cabar- rus County till 1793, and a part of Union County till 1812. It contained eighteen captain's beats or districts, outside of Charlotte District. The boundaries of these districts were arranged by a court-martial composed of officers of the militia selected from the regiments or bat- talions in the county. In 1792 the districts and commanders were as follows : Charlotte, Captain Isaac Cook; 2 Thos. Alexander, 3 David Caldwell, 4 James Porter, 5 James Tagert, 6 John Long, 7 Archd. Cathey, 8 Samuel Pickens, 9 Paul Phifer, 10 Jos. Shinn, 11 Jacob Stough, 12 John Mel- chor, 13 Wm. McAnulty, 14 James Harris, 15 Chas. T. Alexander, 16 Tunis Hood, 17 Robert Porter, 18 John Simeson, 19 James Osborne. I also find the name of William Hutcheson, captain in the Charlotte District, which I suppose completed the twenty companies or two regiments of militia. From credits allowed on settlement in this book we find the prices of articles to have been at that time as follows : Wool hat 13 shillings, Whiskey 5 to 6 shillings per gallon; Oats 1 shilling per bushel Wheat 5 to 6 shillings per bushel; Corn 3 Flour 3 English shovel 16 Salt 80 Deer Skin 13 Nails 3 Pr. Shoes 10 Pr. overhalls 15 owt. bu. lb. Cloth for breeches 1£ 12s 6d Knee buckles 1£ 13s. Linen per yard 7s. Id Pr. stockings 13s 6d Pocket knife 5s 6d Flax Wheel 1£ 10s Check reel 15s Bear skin 1£ Iron per lb. 8d 1 cotton wheel 16s 1 set wea.vers spool s 8s. Making a pair of boots and furnishing sole leatJier 1£ 16s 32 GENERAL JOSEPH GEAHAM. The taxes on the poll in 1790 were state 3s County Is 6d Poor Is District 6d Total 6s A hard (Spanish) dollar was valued at eight shil- lings currency. There seems to have been no gold coin ; gold was received by weight, and was probably unre- fined. Twelve hundred and sixty Continental dollars were valued at 1£ 5s. 9d. The court-house seems to have been repaired and the jail built in 1790, for which we find the following ac- count : Ger. Thomas PotK: Cb. By repairing Court House and Building jail and lot it is on. 154 £ Graham was elected to the House of Commons of the State Legislature in 1792-3-4; to the State Senate in 171;;;, 1803 to I8I2. These elections were held annually prior to 1836. WAR OF 1812-1814, The following correspondence, copied from the files in the Executive Office, Raleigh, N. C, refer to his career at this period : 1. General Graham Oi-fees His Services. Charlotte, N. C, 21st August, 1813. Sir: — As there appears no doubt but it will be necessary to em'ploy a military force to suppress what is called the War Party of tie Creek Indians: in behalf of myself and a number of citizens of Meck- lenburg County, I say to the number of 150 or 200, do hereby tender GENERAL GEORGE GRAHAM. 33 our voluntary services whenever your Excellency will sanction and direct us to proceed on the expedition. I am Sir with high regard. Your Excellency's most obedient servant, Geo. Graham, Maj. &enl. J/tJi Division N. G. Militia. To His Excellency, WirxiAM Hawkins. 2. The Governor's Reply. Executive Office, N. C, Raleigh, 16th Oct., 1813. Sir: — Your letter communicating the voluntary tender of service on your part and in behalf of a number of citizens of Mecklenburg County to aid in suppressing the hostile Creek Indians; I had the pleasure to receive a few days ago on my arrival in this city after a short absence. It is highly gratifying to me to have it in my power to communi- cate to the President of the United States the offer of services of a military association headed by a distinguished Revolutionary patriot and composed of the citizens of that county in our State which in the great contest for the liberty and independence of the United States not only stood foreru'ost but which on some occasions ex- hibited on duty one solid phalanx of practical patriots. I am fully persuaded that the General Government will authorize the acceptance of your services. I take the liberty to suggest to you the propriety of immediately enrolling yourselves and transmitting a copy of that enrollment to me. I shall without delay communicate your tender to the Presi- dent whose answer shall be forwarded to you as soon as it Is re- ceived. Permit me to offer to you and through you to those brave citizens with whom you are associated an assurance of the high consideration and respect with which I have the honor to be Your most obedient servant, William Hawkins. To Gen. Geo. Geaham. 34 GENERAL JOSEPH GEAHAM. 3. Reply of the United States Wab Department. War Office, Nov. 5, 1813. His Excellency Wm. Hawkins. Sib: — I have the honor to acknowledge the receipt of your Excel- lency's letter of Oct. 21st addressed to the Secretary of War. The detachments which have been made from the militia of Geor- gia and Tennessee for that purpose I deeia sufficient to co-operate with regular troops in chastising the hostile Creek Indians. With great respect I have the honor to he. Your Excellency's most obedient servant, Danibx Parker, To His Excellency Chief Cleric. Wm. Hawkins. 4. Gov. Hawkin's Letter, Enclosins Reply op War Office. Executive Office, N. C, Raleigh, 25 Dec, 1813. Sib: — I have the honor to transmit to you the enclosed copy of a letter from the War Office from which you will learn that no neces- sity existed for the services of yourself and those patriotic citizens who volunteered under you to aid in suppressing the hostile Creek Indians. I am very respectfully. Sir, Your obedient servant, William Hawkins. To Major General George Graham. It will be noticed in the history of Gen. Joseph Gra- ham relative to this period, that in less than sixty days subsequent to this the President made a requisition upon the States of North and South Carolina each for a regiment of detached militia, which regiments com- posed the brigade commanded by General Graham. In 1816 he was appointed Clerk of the Superior Court of Mecklenburg County, which position he held until 1825, when he resigned on account of ill health. At this time the term of the office of Clerk was for life or go^'il behavior. GENERAL GEORGE GRAHAM. 35 He married Fannie Cathey, daughter of George Oa- they, who bore him the following children : John, who died unmarried in 1826. George Maurice, who died in youth. Elizabeth, who married William M. Bostwick. Polly, who married George Caruth. Jennie, who married William E. McRee. Frances, who died in infancy Mrs. Graham died in 1793, and he afterwards mar- ried Mrs. Lydia Potts, widow of William Potts. They had no children. He died March 29, 1826, and is buried near the gate in the old Presbyterian Cemetery in Charlotte. Near him lie his son-in-law, George Caruth, and his brother Joseph's daughter, Mrs. Sophia Witherspoon. 36 GENERAL JOSEPH GRAHAM. CHAPTER III— JOSEPH GRAHAM. 1. Prior to thb Revolutionary War. 2. Services in the Revolutionary War. 3. Subsequent to the Revolutionary War. 4. Subsequent to the Revolution. 5. Manufacture of Iron in Lincoln County. 6. War of 18 12-' 14. 7. Civil and Personal History in Lincoln County. 8. Children and Grand-children. I. PRIOR TO THE REVOIvUTlONARY WAR. Joseph Graham, youngest son of James Graham, was born in Chester County, Pennsylvania, October 13, 1759. He came, when about seven years of age, with his mother to Mecklenburg County, North Carolina. He assisted in cultivating his mother's farm, and at- tended school in Charlotte. He wasi distinguished among his fellow students for talents, industry and the most manly and conciliating deportment. His thirst for knowledge led him at an early period to become well acquainted with all those interesting events which pre- ceded and prepared for our Revolutionary struggle. At the age of fifteen years, while a student at Queen's Mu- seum, he was present in Charlotte on the 20th of May, 1775, when the celebrated Declaration of Independence was formally made and published. The deep impres- sions made upon his mind by the solemn and momen- tous decisions of that day gave good evidence that he was then preparing for the noble stand which he took during the war. He prepared for J. Seawell Jones the following account of the proceedings of that notable convention and attendant circumstances, which Mr. GENERAL JOSEPH GRAHAM. 37 Jones published in his book, "The Defence of North Carolina" : Vesuvius Furnace, 4tli October, 1830. Deae Sir: — Agreeably to your request, I will give you the details of the Mecklenburg Declaration of Independence ,on the 20tli of May, 1775, as well as I can recollect after a lapse of fifty-five years. I was then a lad about half grown, was present on that occasion (a looker-on). During the Winter and Spring preceding that event, several popu- lar meetings of the people were held in Charlotte; two of which I attended. Papers were read, grievances stated, and public meas- ures discussed. As printing was not then common in the South, the papers were mostly manuscript; one or more of which was from the pen of the Reverend Doctor Reese, (then of Mecklenburg), which m'et with general approbation, and copies of it circulated. It is to be regretted that those and other papers published at that period, and the journal of their proceedings, are lost. They would show much of the spirit and tone of thinking which prepared them' for the measures they afterwards adopted. On the 20tti of May, 1775, besides the two persons elected from «ach militia company, (usually called Committee-men,) a much larger number of citizens attended In Charlotte than at any former meeting — perhaps half the men in the county. The news of the battle of Lexington, the 19th of April preceding, had arrived. There appeared among the people much excitem'ent. The committee were organized in the Court-house by appointing Abraham Alexander, Esq., Chairman, and John McKnitt Alexander, Esq., Clerk or Sec- retary to the meeting. After reading a number of papers as usual, and much animated discussion, the question was taken, and they resolved to declare themselves independent. One among other reasons offered, that the King or Ministry had, by proclamation or other edict, declared the Colonies out of the protection of the British Crown; they ought therefore, to declare themselves out of his protection, and resolve on independence. That their proceedings might be in due form, a sub-committee, consisting of Dr. Ephraim' Brevard, a Mr. Kennon, an attorney, and a third person, whom I do not recollect, were ap- pointed to draft their Declaration. They retired from the Court- house for some time; but the committee continued in session in it One circumstance occurred I distinctly remember; A member ol 38 GENERAL JOSEPH GRAHAM. the committee, who had said but little hefore, addressed the Chair- man as follows: "If you resolve on independence, how shall we all be absolved from' the obligations of the oath we took to be true to King George the 3rd about four years ago,* after the Regulation battle, when we were sworn whole militia companies together. I should be glad to know how gentlemen can clear their consciences after taking that oath." This speech produced confusion. The Chairman could scarcely preserve order, so many wished to reply. There appeared great indignation and contempt at the speech of the member. Some said it was nonsense; others that allegiance and protection were reciprocal; when protection was withdrawn, allegiance ceased; that the oath was only binding while the King protected us in the enjoyment of our rights and liberties as they existed at the time it was taken; which he had not done, but now declared us out of his protection; therefore was not binding. Any man who would interpret it otherwise, was a fool. By way of illus- tration, one speaker (pointing to a green tree near the court-house) stated, if he was sworn to do any thing as long as the leaves con- tinued on that tree, it was so long binding; but when the leaves fell, he was discharged from its obligation. This was said to he certainly applicable in the present case. Out of respect for a worthy citizen, long since deceased, and his respectable connections, I forbear to mention names; for though he was a friend to the cause, a sus- picion rested on him in the public mind for some time after. The sub-committee appointed to draft resolutions returned and Doctor Ephraim Brevard read their report, as near as I can recol- lect, in the very words we have since seen them several times in print. It was unanimously adopted, and shortly after it was moved and seconded to have proclamation made and the people collected, that the proceedings be read at the Court-house door, in order that all might hear them. It was done, and they were received with enthusiasm. It was then proposed by some one aloud to give three Cheers and throw up their hats. It was imm'ediately adopted, and the hats thrown. Several of them lit on the Court-house roof. The owners had som'e difficulty to reclaim them. The foregoing is all from personal knowledge. I understood afterwards that Captain James Jack, then of Charlotte, undertook, on the request of the committee, to carry a copy of their proceed- ings to Congress, which then sat in Philadelphia; and on his way at Salisbury, the time of court, Mr. Kennon, who was one of the committee who assisted in drawing the Declaration, prevailed on GENERAL JOSEPH GRAHAM. 39 Capt. Jack to get Ws papers, and have them read publicly; which was done and the proceedings met with general approhation. But two of the lawyers, John Dunn and a Mr. Booth, dissented, and asserted they were treasonable, and endeavored to have Captain Jack detained. He drew his pistols, and threatened to kill the first man who would interrupt him, and passed on. The news of this reached Charlotte in a short time after, and the executive powers, ordered a party of ten or twelve armed men to bring said Lawyers from Salisbury;* when they were brought, and the case Investigated before the committee. Dunn, on giving security and making fair promises, was permitted to return, and Booth was sentenced to go to Camden, in South Carolina, out of the sphere of his influence. My brother George Graham and the late Col. John Carruth were of the party that went to Salisbury and it is dis- tinctly remembered that when in Charlotte they cam'e home at night, in order to provide for their trip to Camden; and that they and two others of the party took Booth to that place. This was the first military expedition from Mecklenburg in the Revolutionary War, and believed to be the first any where to the South. Yours respectfully, J. Graham. De. Jos. McKt. Alexander, Mecklenburg, N. Carolina. The first discovery of evidence of tlie publication of tlie proceedings of the Mecklenburg meeting in May, 1775, was by General Graham in 1816 or '17, among the valuable papers of an old German neighbor, whose will he was requested to write. It Avas a contemporary newspaper containing the proclamation of the Royal Governor Martin, August 8, 1775, denouncing a set of resolutions purporting to be a Declaration of Independence by Mecklenburg County which he had seen printed in the Gape Fear ]\[erGury. Governor Martin sent this newspaper to the Colonial Secretary, June 30, 1775. June 20, 1775, Governor * After the battle of Alamance in May 1771, Gov. Tryon sent Hugh Waddell with a military force through Mecklenburg, Tryon and the western part of Rowan county : the mllilia were ordered to a-ssemhle at appointed places and take the oath of allegiance to King George, Ramsnur's Mill in Tryon county wasoneotthe places of assembly. 40 GENERAL JOSEPH GEAHAM. James Wright, of Greorgia, sent him the South Carolina Gazette and County Journal of June, 1775, No. 498, con- taining the resolves of the Mecklenburg committee. These resolves were published at the same time, June 13, 1775, in Timothy's Carolina Gazette, and subsequently in the Neio York Journal and the Massachusetts Spy. General Graham's discovery is the only known copy of Governor Martin's proclamation. With it was found his proclamation issued at Charlotte, October 3, 1780, and published in Part II. MECKI-ENBtlKG DEOLAEATION OF INDEPENDENCE, MAY 20TH, 1775. [Martin's History, Vol. 2, Page S73.] Resolved. — That who'soever directly or indirectly abets or in any way, form or manner countenances the invasion of our rights, as attempted by the Parliament of Great Britain, Is an enemy to his country, to Am'erica, and the rights of men. Resolved — That we the citizens of Mecklenburg county do hereby dissolve the political bands which have connected us with the mother country, and absolve ourselves from all allegiance to the British crown, abjuring all political connection with a nation that has wantonly trampled on our rights and liberties and inhumanly shed the innocent blood of Americans at Lexington. Resolved. — That we do hereby declare ourselves a free and Inde- pendent people, are, and of right ought to be, a sovereign and self- governing people, under the power of Giod and the General Con- gress; to the maintenance of which independence, we solemnly pledge to each other our mutual co-operation, our lives, our for- tunes, and our most sacred honor. Resolved. — That we hereby ordain and adopt as rules of conduct, all and each of our former laws, and the crown of Great Britain cannot be considered hereafter as holding any rights, privileges or immunities amongst us. Resolved. — That all oflBcers, both civil and military, in this county, be entitled to exercise the same powers and authorities as heretofore: that every member of this delegation shall henceforth be a civil offi- cer and exercise the p.owers of a Justice of the peace, issue procesa, hear and determine controversies according to law, preserve peace, ro - -1 o GENERAL JOSEPH GKAHAM. 41 Tinion and harmony, in the county, and use every exertion to spread the love of liberty and of country, until a more general, and better organized system of Government be established. Resolved. — That a copy of these resolutions be transmitted by ex- press to the President of the Continental Congress assembled in Phil- adelphia. Abraham AlExandek, Chairman. John McKnitt Alexander, Secretary. Bphraim Brevard, Adam Alexander, HEZEKLiH Alexander, Zacchbus Wilson, Charles Alexander, Hezekiah J. Balch, James Harris, John Phifer, Waigiitstill Avert. Matthew McCluee, Benjamin Patton, William Kennon, Richard Barey, John Ford, Neil Morrison, John Flennegin, Robert Irwin, Henry Downe, WnxiAM Graham, Ezra Alexander, David Reese, Richard Harris, John Davidson, John Queary, Thomas Polk, sen'r. [From the Miners' and Farmers' Journal, Charlotte, N. C, May 22, 1835.] THE GREAT CELEBRATION OP THE MECKLENBURG DECLARATION OF INDE- PENDENCE. The Streets of Charlotte were thronged throughout the day with a dense crowd of people from all the surrounding country to witness the imposing spectacle of the first grand celebration of our own in- dependence. The feeling and enthusiasm of the whole multitude was beyond anything we ever witnessed. The Revolutionary soldiers — with their satin badges marked '75 Instead of '76 — the great men of our State and a numerous concourse of strangers from South Caro- lina and the more distant counties of our own State, were present and joined in the celebration. The day was unusually splendid. The immense military parade under the command ,of Gen. Polk opened the ceremonies of the day. His Excellency, the Governor, was present and reviewed the troops. At 12 o'clock the military passed through the streets, and the procession formed and joined in opposite Dr. Boyd's Hotel. Thence they proceeded to the church grove where arrangements had been made for the delivery of the oration and the reading of the Mecklenburg Declaration. The stand from which the oration was delivered was wreathed all around with fl gj.g a, decoration for which we were indebted to the taste of the young ladies of Charlotte. The grove was crowded all around further than the human voice could reach — and it is no exaggeration 42 GENERAL JOSEPH GRAHAM. to say there were five thousand -within hearing of the stand. [Bear in m'ind that Charlotte was still a village and without railroad trans- portation.] At precisely half past one the Rev. Mr. Armstrong opened with a prayer; and then followed Mr. Osborne ,the reader of the Decla- ration, who prefaced his talk with a few eloquent and pertinent re- marks. He then read the Declaration and gave out the names of the signers in a loud and impressive voice. Then followed the orator, Franklin Smith, Esq. He gave a succinct and eloquent ac- count of the aggressions of the mother country upon the rights of the colonies, and then came down to the period of the Declaration. He sketched the character of the Mecklenburg Convention, and in a strain of feeling eloquence, commemorated the virtues of the heroes of the 20th of May. 1775. Then came the dinner. Upwards of 600 persons sat down to the table, prepared by Doctor Boyd, in a grove fronting the house of Doctor Caldwell. The greatest good feeling prevailed, and merri- ment and social cheer went brisk around. The toasts announced as the toasts of the day were arranged by the committee consisting of Mr. Davidson, Dr. Dunlap, Wm. J. Alexander and Franklin Smith, Esqrs. Mr. Senator Mangum, Governor Swain and others spoke at length upon the politics of the day. Gen. Graham gave an interest- ing historical sketch by way of response to the sentiment [our hon- ored guest] in com'pliment to him. The whole day went off joy- ously well. In the evening there was a splendid ball. The room was crowded with ladies, gaily attired, who seemed to enjoy the celebration as much as the youth of the country. The supper taMe was beauti- fully arranged and the large centre Cafce was gilded with the in- scription — The 20th of May, 1775. Charlotte has not seen such a day for 60 years. In our hurry to go to press we are obliged to omit the Toasts and the letters from invited guests, who could not attend, and a more particular account and notice of the proceedings of the day. 2. SERVICES IN THE REVOLUTIONARY WAR. In May, 1778, at the age of 18 years, Graham enlisted as a private in Captain Gooden's company, 4th Regt. N. C. Line, Col. Archibald Lytle. The regiment ren- GENERAL JOSEPH GRAHAM. 43 dezvoused in Caswell County. He was appointed Quar- ter-Master Sergeant. There being no immediate call for its services, he, with others, took a furlough until fall. From November 5, 1778, to August, 1779, he served under Generals Rutherford and Sumner in the campaign in the vicinity of Charleston, S. C. His com- pany was transferred to a regiment of light infantry commanded by Colonel Malmedy. The Quartermaster dying in December, 1778, he performed the duties of the position for the remainder of the campaign. The quar- termaster then performed the duties of both commissary and quartermaster as now administered. Those who participated in this campaign were to be exempt from service for three years. Notwithstanding this exemption, in May, 1780, having learned while plowing in his mother's field of the threatened advance of the British army, he repaired to Charlotte and volun- teered his services. He was appointed Adjutant of the regiment of Mecklenburg militia then ordered on duty, and served with these troops in opposing the British under Lord Rawdon. In September he was appointed captain of a company of mounted infantry in the com- mand of Col. W. R. Davie, and was severely wounded near Charlotte, September 26. He continued in ser- vice until March 1781. In August, 1781, he enlisted a company of dragoons, which were assigned to the bat- talion of Lieutenant-Colonel Smith, of which he was appointed Major, October, 1781, and served on the Cape Fear and near Wilmington until November of that year, when his services terminated. He had participated in the following engagements, viz. : Skirmish with McGirt, who preceded Tarleton in the command of the British cavalry, and the Battle of 44 GENERAL JOSEPH GRAHAM. Stono, in the Cliarleston campaign, 1778-9; Rocky Mount and Hanging Eock, in opposing the forces of Lord Eawdon, Charlotte and Cross-Roads, 1780; Cow- an's Ford, Shallow Ford, Hart's Mill, Pyle's Massacre, Clapp's Mill, skirmish near Hawkins' farm and Whit- sell's Mill, spring of 1781 ; McFall's Mill, Raft Swamp, Moore's plantation. Brick House opposite Wilmington, and Seven Creeks, Brunswick County, N. C, in the fall of 1781. He was just twenty-two years of age at the close of his active services in the Revolutionary War. He en- tered the army as a private, passed through the grades of Orderly Sergeant, Quartermaster Sergeant, Quarter- master, Adjutant, Captain, and retired with the rank of Major. He never held commission in the regular militia organization of the State. His services were all of a volunteer nature; his commands being formed of men subject to militia duty, but organized for extraor- dinary service; exemption from service for a specified time in the regular militia force being promised for service on these occasions. He never availed himself of these exemptions, but promptly tendered his services on every needed occasion. His commanding ofl&cers from whom he received all his appointments always had some special work to assign him. Upon the appearance of the enemy in his vicinity, regardless of exemptions or the calls of private business, he promptly reported for duty in any service that might be committed to him. This closed his services in the Revolutionary War. He commanded in fifteen engagements with wisdom, calmness, courage and success to a degree perhaps sur- passed by no other officer of the same rank. Hundreds GENERAL JOSEPH GRAHAM. 45 who served under his command have testified to the upright, faithful, prudent and undaunted manner in which he discharged the duties of his responsible sta- tions. Never was he known to shrink from any toil, however painful, or quail before any dangers, however threatening, or to avoid any privations or sacrifices which might promote his country's cause. To secure her liberties he spent many toilsome days and sleepless nights, for her his body was covered with wounds ; and for her he endured fatigue, sickness and suffering with- out a murmur; to her welfare he consecrated his time, treasure and influence during a long, unblemished life. It was not by empty words or arrogant pretentions, but by self-denying and long-continued actions that he proved himself devoted to the welfare of his country. In June, 1832, Congress granted pensions to all sur- viving Revolutionary soldiers at the rate they received when in service, no one to receive more than the pay of a captain. To obtain this pension, General Graham made the following ) affidavit before Lincoln County Court — it is a good summary of his services : DECLARATION OF GENERAL JOSEPH GRAHAM^ IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS, PASSED JUNE 7, 1832. "On this 30th day of October, personally appeared in open Court before the Court of Pleas and Quarter Ses- sions for the county of Lincoln, in North Carolina, now sitting, Gen. Joseph Graham, a resident of said county and State, aged seventy-three years, who, first being duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress, passed June 7, 1832 : 46 GENERAL JOSEPH GKAHAM. "That he enlisted in the army of the United States early in the month of May, 1778, and served in the Fourth Kegiment of the North Carolina Line, under Col. Archibald Lytle, in Captain Gooden's company; a part of the time; and the balance as Quartermaster-Ser- geant. The terms of the enlistment were to serve nine months after arriving at the place of rendezvous, which wasi stated to be at Bladensburgh, in the State of Mary- land. "These troops assembled in Charlotte, Mecklenburg County, where he then lived, and by slow movements marched on to near the Virginia line, detaining by the way for the recruits from the other counties to join. The field officers on this march were Col. Wm. L. David- son, Majors ,Wm. Polk and Henry Dickson (commonly called Hal Dickson), Capt. Smith Harris and others. When all assembled, encamped in Caswell County, at a place called Moon's Creek. At this place received in- telligence of the Battle of Monmouth, and that the Brit- ish were gone to New York ; that our services were not wanted in the North, and after some delay, the men be- came uneasy; their term of service had not yet com- menced, and they were uncertain when it would ; a mu- tiny took place, which was suppressed with some diffi- culty ; some officers broke their swords, and some of the soldiers were crippled. "It was afterw^ards proposed to such of the soldiers as would, to take furloughs until the fall, that their term of service should then commence. Most of those from the upper counties took furloughs, of whom this depo- nent was one, and he returned home to Mecklenburg, where he then resided ; about three months after he had GENEEAL JOSEPH GEAHAM. 47 left. Some time in August in the year 1778, he was again called into service and marched from Charlotte on the 5th day of November following, under command of General Rutherford with his brigade of five-months militia men (Colonel Lytle commanded the regulars), to the Ten-mile House, above Charleston, where he drew arms and camp equipage; from thence to Purysburg on Savannah River, where General Lincoln commanded ; and the regulars from North Carolina were organized in two regiments under Colonels Lytle and Armstrong; the brigade under Brigader-General Sumner; and this deponent, and company under Captain Gooden; which company and one commanded by Capt. Wm. Goodman, were shortly after transferred to a regiment of light in- fantry, which, after General Ashe was defeated at Briar Creek, was augmented by some companies of militia and placed under command of Colonel Malmedy (a French- man), and Maj. John Nelson, of the North Carolina Line. From the time the regiment of infantry was formed, this deponent acted as Quartermaster-Sergeant to the end of the campaign. Lieutenant Hillton (of the regulars ) , who was appointed Quartermaster, being in bad health and dying about the last of the year, this deponent discharged the whole duty, most of the time. During this service he was in a skirmish with McGirt, who commanded the British cavalry before Tarleton's arrival. Said regiment of light infantry was twice de- tached under the command of Count Pulaski, in one of which services a lieutenant, Chevalier Devallile (a Frenchman ) , in a rencontre with a British picquet, re- ceived a mortal wound ; he was in the Battle of Stono, on the 20th day of June, 1779; was discharged near 48 GENERAL JOSEPH GKAHAM. Dorchester, S. C, he thinks by Col. Archibald Lytle, some time about the beginning of August, 1779; said discharge, and many other papers relating to that ser- vice, were given up to the Board of Commissioners, who sat at Warrenton in the year 1786, for the adjustment of the claims of the North Carolina Line. "Was taken with the bilious fever a few days before the term of service was up, and had much difficulty, but by the assistance of a friend, after some time got home ; and was not fully recovered at the end of two months. The terms on which this service was performed were to be exempted from military duties for three years after. His spirits were so depressed by the fever and recollec- tion of the hardships of a southern campaign in the summer, along the seaboard, he was disposed to avail himself of the privilege allowed him by the law, until about the latter end of May, when Colonel Buford was defeated, and it was announced the enemy were within thirty-five or forty miles ; when the militia were ordered out, en masse. This deponent joined them, and from the experience he had in military duties, was appointed Adjutant to the Mecklenburg regiment. From that county, being a frontier, and no other force to protect it, a part of said regiment, and some times all, were kept in the service most of the summer, and this deponent with them. The foot, under Gen. W. L. Davidson, en- camped southeast of Charlotte, and the horse, under Colonel Davie, were patrolling the country as far as Waxhaw, and the adjoining counties in the west, which were disaffected. On the 25th of September, heard that the whole British army were on the march from Cam- den. General Davidson immediately decamped, marched GENERAL JOSEPH GRAHAM. 49 toward' Salisbury and ordered this deponent to Charlotte to join Colonel Davie, and take command of such of the inhabitants as should collect there on the news of the approach of the enemy — fifty-odd col- lected. In the disposition Colonel Davie made for re- sistance as the enemy entered the village this deponent commanded the reserve, and sustained the retreat by molesting the advance of the enemy for four miles against their whole cavalry and a battalion of infantry which followed; at last they charged, when Colonel Davie was not in supporting distance, and this depo- nent received nine wounds (the scars of which this Court testify are visible at this time) ; that he was left on the ground and afterwards taken to the hospital, and it was upwards of two months before his wounds were healed ; that after he recovered, the enemy were said to be in Winnsborough, S. O. The term of the militia who had been in service under General Davidson and Colonel Davie had expired. "General Davidson, some time in the month of De- cember, stated to this deponent that it was the opinion of General Greene the enemy would again advance in North Carolina as soon as a reinforcement and some stores on the way from Charleston should arrive; and that a call must be made for another draft. He wanted a part cavalry, and as Colonel Davie was now Commis- sary-General with General Greene, he did not expect him to furnish it. If this deponent would raise a company or more, he should be entitled to such rank as the num- bers would justify; that as an encouragement, each man would find his own horse and equipments and serve 50 GENERAL JOSEPH GEAHAM. at that time for six weeks, it should stand in place of a tour of duty of three months, the time required by law. "The deponent, therefore, set out among the youth of his acquaintance, and in two or three weeks had up- wards of fifty. The principal difficulty was to procure arms — they generally had rifles; carried the muzzle in a small boot fixed to a strap fastened beside the right stirrup leather, and the butt ran through their shot-bag belt, so that the lock came directly under the right arm ; near half the swords were made by blacksmiths of the country. Those who had a pistol, had it swung by a strap the size of a bridle rein, on the left side over the sword, which was hung higher than the modern way of wearing them ; so as not to entangle their legs when act- ing on foot. Their equipments were not splendid ; they were the best that could be procured at that time, and in the hands of the men who used them ultimately as serviceable as arms that looked much finer. They had at all times all their arms with them, whether on foot or on horseback, and could move individually or collec- tively, as circumstances might require, without depend- ing on commissary, quartermaster or other staff. "After Tarleton's defeat on the 17th of January, 1781, the enemy in pursuit of General Morgan came to Cow- an's Ford on the Catawba, on the 1st day of February. This deponent had two of his company killed opposing their passage, and his was the only company that went off the battle-ground in order and covered the retreat; at the same time our General Davidson fell. On the 7th of February, this deponent's company, hanging on the rear of the British, on their march from Shallow Ford, on the Yadkin, to Salem, routed a small party, GENERAL JOSEPH GRAHAM. 51 killed one, and took five prisoners (regulars). After this the North Carolina militia were placed under the command of Gen. Andrew Pickens, of South Carolina, and this deponent's company, with others under Col. Joseph Dickson, passed on over Haw Eiver; was dis- patched by General Pickens in the evening, with part of his company, and some riflemen from Rowan, forty- five in number, marched in the night of the 17th, at light next morning, surprised and killed or took prisoners a guard of an officer and twenty-six men, at Hart's Mills, one and a half miles from Hillsboro, where the British army then lay; the evening of the same day formed a junction with Colonel (Light-horse Harry) Lee's legion; a day or two after this Tarleton, with his legion, set out over Haw River to join Colonel or Doctor Pyles, and Lee after him. This deponent's company and all the militia equipped as dragoons, were placed under Lee, in the rear of his dragoons; on falling in with Pyles and the Tories, instead of Tarleton, Lee passed along the front of their line in a parallel direction. Although he (Graham) knew their character, Lee's men, who had recently come to the South, did not; when the militia came near and discovered the strip of red cloth each man had on his hat, they made the first attack on the Tories; some of our blacksmith's swords were broken, others bent, etc. Tarleton, who was then in the vicin- ity, as soon as informed of the result, set off for Hills- boro; we pursued about half way, and not overtaking, turned to the left up the country. The next day, he having got a reinforcement, came after us, attacked our picquet guard in the night; in the firing killed Maj. Mi- cajah Lewis, a Continental officer, and compelled us to 52 GENERAL JOSEPH GRAHAM. move. After various movements, and both armies hav- ing got to the south of Haw Eiver, near Alamance Creek, on the 2d of March, a detachment of about six hundred (all militia, except Lee's Legion) advanced in three columns under his command. This deponent and company in front of the left, with orders to support the left flank; after passing through a farm, near Clapp's Mill, and entering a coppice of woods, encountered a large party of the enemy drawn up in position, a smart firing commenced, and after three or four rounds, our line gave way; the ground was so hampered with thick underbrush, and the Tories pressing us on the left flank, the retreat was effected with difficulty ; retreated about one mile to the ford, on Big Alamance, where Col. Otho Williams, the regulars under his command, and Wash- ington's cavalry, were drawn up to support us; the enemy did not pursue more than five hundred yards ; in the affair two^ were killed, three wounded, and two taken prisoners of this deponent's company, seven in all. On the 1st of March, the term of service for which the men had engaged was up, and about two-thirds of them would go home, the others were persuaded to stay longer, being daily in expectation of a general action. "The day after the battle at Clapp s Mill, Colonel Lee ordered this deponent to take twenty-five men and go to where the battle was, and see if the enemy were there; if gone, take their trail, credit no report of the inhabitants, but proceed until we actually saw the Brit- ish troops. At the battle ground found the British had gone after burying their own dead and leaving ours ; took the trail in the evening, came in view of their sentries on the Salisbury road, within half a mile of' GENERAL JOSEPH GRAHAM. 53 their headquarters, and directly dispatched a sergeant and six of the party to inform Lee ; the rest of our party moved after dark through the \\'oods, with a view of tak- ing two sentries we had seen in the evening. In this we failed, hut after they had fired at us we went briskly up the main road. In half a mile met a patrol of their cavalry about equal to our number ; after hailing, briskly discharged a volley in their faces; they retreated and took to the woods; we took their officer prisoner, the rest escaped. ,We turned out of the road in an obscure path. In half a mile halted to take some refreshments. On the great road opposite to us a quarter of a mile distant heard a scattering fire and considerable noise which lasted for some time. Two days after we learned from a deserter that on report of the sentries in the evening, the patrol was sent up the road after us, and were returning when we met and dispersed them. When they came into camp from different directions, upwards of one hundred cavalry were sent up the road after us, and at eleven o'clock at night met a company of Tories coming in to join them. Not doubting that it was the party which had defeated their picquet, they instantly charged them, and considerable slaughter was made before it was discovered they were friends. These small affairs did more to sup.press Toryism to the south than anything that had before occurred. A few days before at Piles' defeat, they had been cut up by Lee's men and ours, when they thought it was their friend Tarleton ; in the present case they were cut up by the British, when they thought it was the Americans. It is not known that any of them attempted to join the British afterwards. 54 GENEEAL JOSEPH GRAHAM. "This deponent and company some days after were in the action at Whitsell's Mill, on Reedy Fork, under command of Colonel Washington, when Colonel Web- ster, with the elite of the British army, for twelve miles pressed us so closely as to compel Colonel Otho Williams, the commander, to fight at this place. The men whom I had persuaded thus long to remain for a general action, being disappointed, and having noth- ing but heavy skirmishing, in which they still had to act a prominent part, determined to go home; which they reported to General Greene. He ordered this de- ponent to go with them and keep them in a compact body until they got through the disaffected settlements on the east side of the Yadkin. We passed that river on the 14th of March, 1781, and on the 17th most of the company got home. Although the company were engaged to serve only six weeks, about two-thirds of them served upwards of two months. From the time I undertook to raise the company until I returned home, about three months. Owing to the early death of Gen eral Davidson, under whose orders I acted, I had no written commission, but Colonel Dickson, under whom I was afterwards placed, gave a written discharge some time after. In this service was in eight battles or skir- mishes, and lost nine men by the enemy, viz., four killed, three wounded, and two prisoners. "After the battle of Guilford, the enemy marched to Wilmington and left a garrison there, but no militia services were called for in the west until the month of August, 1781, though the Tories, under the protection of the British, had possession of the country south of Cape Fear up to and above Fayetteville. And Colonel GENEKAL JOSEPH GRAHAM. 55 Fanning of the Tories surprised Hillsboro and took Governor Burke prisoner. General Eutherford, wlio had been captured at Gates' defeat, and with other distinguished citizens confined for twelve months in the castle of St. Augustine, had been exchanged, and returned about this time. He sent this deponent orders to raise a troop of dragoons in Mecklenburg. Many of those who had served the preceding winter joined it. There were but four married men in the troop. Our headquarters were near Pedee. Deponent did not re- ceive the commission herewith sent until several days after the organization. His reason for applying for it was that on former occasions officers who had acted under verbal appointments, and had been talcen pris- oners, had not been represented as officers, but treated as common soldiers. When the drafts were assembled a legionary corps was formed under the command of Col. E. Smith, who had been a captain in the North Carolina line; it consisted of three troops of dragoons, about ninety-six troopers and two hundred mounted infantry. This deponent was appointed major, as will appear by the commission and other papers herewith. Two days afterwards the general having information that the Tories embodied on Eaft Swamp, upwards of six hundred in number, were about to retreat before him towards Wilmington, detached this deponent with the dragoons and forty mounted men with orders to endeavor to hold them at bay or impede their march, so that he might follow and overtake them. When they were overtaken, the ground appearing favorable, they were charged by the dragoons and entirely defeated 56 GENERAL JOSEPH GRAHAM. and dispersed, twenty or thirty being killed and wound- ed entirely with sabre. "This deponent was afterwards detached by Colonel Smith with one troop of dragoons and two companies of mounted men. At Moore's plantation, a mile below the ferry at Wilmington, surprised and defeated about one hundred Tories, killed and wounded twelve; next day was an unsuccessful attack on a British garrison in a brick house that covered the ferry opposite Wil- mington; had one of our party killed. "^This deponent was afterwards detached, by order of General Eutherford, with three companies, one of dra- goons, by Brunswick, over Lockwood's Folly and Wac- camaw River. At a place called Seven Creeks, near the South Carolina line, was attacked about midnight by the noted Colonel Gainey of South Carolina, who was then under a truce with General Marion, but it appears did not consider it binding in Nortli Carolina, had one of our party killed and two wounded, and four horses killed. The cavalry charged and defeated the Tories and killed one of Gainey's party. "For the further evidence of this service, see General Rutherford's order to this deponent (after the British had left Wilmington), dated Wilmington, Nov. 18th, 1781, and the orders this deponent gave to those under his command when acting in pursuance of said order. The whole service was something over three months. Lost two men killed, and two wounded, and was in four battles. GENERAL JOSEPH GRAHAM. 57 RECAPITULATION OF THE FOREGOING SERVICES. In the Regular Service. "From the month of May, 1778, until the same time in August, when furloughed to go home, 3 months. "From the 5th day of November, 1778, to the 5th of August, 1779, 9 months. In the Militia Service. "From about the 1st of June, 1780, until the 17th of March, 1781, including the time lying in the hospital and disabled from service, except about two weeks after got well of wounds, say 9 % months — 9 i/4 months. "From about 20th of August, 1781, to 1st of December, to Wilmington, 314 months — total 241/2 months. "The deponent states that he has a record of his age ; that he was born in Chester County, Pennsylvania, on the 13th day of October, 1759 ; that he removed to Meck- lenburg County, in the State of North Carolina, when about ten years of age; was present in Charlotte on the 20th day of May, 1775, when the committee of the county of Mecklenburg made their celebrated Declara- tion of Independence of the British Crown, upwards of a year before the Congress of the United States did at Philadelphia; that he resided in Mecklenburg County until 1792, and since that time in the county of Lincoln. "He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State. "Sworn to and subscribed the day and year aforesaid. (Signed) "J. Graham." 58 GENERAL JOSEPH GEAHAM. To Joseph Graham, Esq. — Greeting: Reposing especial trust and confidence in your patriotism, con- duct, and fidelity, I do hereby nominate and appoint you Major of Lieut. Col. Robert Smith's legionary corps in my brigade. You are, therefore, carefully and diligently to discharge the duty of Major, doing and performing all manner of things thereunto belonging; and I do strictly charge and require all officers ana soldiers under your command, to be obedient to your orders as Major. And you are to observe, and follow from tim'e to time, such orders and direc- tions as you shall receive from your superior officers according to the rules of military discipline and laws of this State. Given under my hand in Camp, at Rock-fish Bridge, October 7th, A. D. 1781. (Signed) Griffith Rutheefobd. State of North Carolina. I do hereby nominate and appoint Joseph Graham, captain of the troop of horse during this present expedition; he Is, therefore, to conform himself to all the rules and regulations of the army, and is to obey his superior officers; and I hereby require and command all officers and soldiers under his command to pay strict obedience to his orders. Given under my hand, this 12th day of Septem'ber, 1781. (Signed) Griffith Rutherford, B. G. M. This is to certify that Major Joseph Graham, with a troop of horse served a tour of six weeks' duty agreeable to Gen. Davidson orders under command. (Signed) Jo. Dicksoit, Col. July 25, 1782. To Maj. Joseph Graham. Sir: — You are hereby authorized and directed to take command of the whole of the dragoons and mounted infantry of Col. Smith's corps, who are now on the leftward of the Northwest River. You are then to join Col. Leonard and take such a route as will tend most effectually to disperse and finally subdue such Tories and dis- affected people as continue embodied in the settlements bordering on this State and adjoining to South Carolina; and you are to con- tinue in this service as long as may appear to you necessary for GENERAL JOSEPH GRAHAM. 59 accomplishing this purpose. Then to march your comm'and home, not suffering them to disperse until you may have crossed the Great Pee Dee, then regularly discharge your troops. (Signed) Griffith Rutheefobd, B. G. M. Nov. 18, 1781. Camp Marsh Castle, Nov. 21, 1781. Orders: — OfiBcer of the day, to-morrow, Capt. Cummins: Guard to consist of one Lieut., one Sergeant, twelve Privates; every per- son in camp to immediately enroll with Capt. Carruth Cummins, or with Lieut. Baldwin; those who have heen officers during the campaign to he called on as such: troops to hold themselves in readiness to march precisely at six o'clock in the morning. And it is required that the most profound silence and greatest order is observed on the march, throughout the whole of this route. N. B. Returns to he made by eight o'clock this evening. (Signed) Jos. Graham, Maj. Commanding. Camp Enny's Bridge, Nov. 22, 1781. Orders: — Officer of the day, to-morrow, Capt. Carruth, troops to be on the alarm' post at five, and march at six. Lieut. Baldwin with his troops to continue at the bridge until the other troops have passed the Swamp, then return such a route as he may think best. (Signed) Jos. Graham, Maj. Camp Mr. Barnes' Plantation, Ashpool, Nov. 23rd, 1781. Orders: — Officer of the day, to-morrow, Capt. Cummins. Guard to consist of ten Privates, Officer and Sergeant; Troops to march at six o'clock in the morning. Guard two hundred paces in rear, two swordsmen same distance in rear of them; no detached party or guard on the march to fire a gun if it can be avoided except at a party or when we may stop to forage on individuals. (Signed) Jos. Graham, Major. 60 GENERAL JOSEPH GEAHAM. Jonas Bradshaw, a resident of Lincoln County, North Carolina, being sworn in open court deposeth that he served in the same com- pany and regiment with Joseph Graham' the whole time from early in the month of May, 1778, until the 5th day of August, 1779; ex- cept the time they were furloughed some time in August, 1778, until the 5th day of November following and that said Graham acted as Orderly Sergeant to Captain Gooden's company part of the time and as Quartermaster sergeant to the regiment a greater part of the time. Sworn and subscribed to the day Eind year aforesaid. his (Signed) Jonas X Bradshaw. mark We, Hartwell Spain, a clergyman residing in, thei County of Lin- coln, and Jacob Forney residing in the sam'e, hereby certify that'"- we are well acquainted with General Joseph G-raham who has sub- scribed and sworn to the foregoing declaration; that we believe him to be seventy three years of age and that he has always been reputed and believed in the neighborhood where he resiaed to have been a soldier in the Revolution and we concur in this opinion. Sworn and subscribed the day aforesaid. (Signed) Haetwteli, Spain. (Signed) J. Forney. And the said Court do hereby declare their opinion after the Investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named aflSant was a Revolutionary soldier and served as he states. And the Court further certifies that it appears that Hartwell Spain who signed the preceding certificate is a clergyman, resident in the County of Lincoln, and that Jacob Forney, who has also signed, is a resident of said county and State, is a creditable person and his statement is entitled to credit. I Vardrey McBee, Clerk of the Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application, of General Joseph Graham for a pension. In testimony whereof I have hereunto set my hand and seal of office this the 30th October 1832. (Seal) (Signed) Vaedbey McBee, Clerk. GENERAL JOSEPH GRAHAM. 61 No. 6937. Depaetment of the Inteeiok, Rev. War. bukeau of pensions. Washington, D. C, January 6, 1902. Sir, — In reply to your request for a statement of the military history of Joseph Graham, a soldier of the Revolutionary War, you will find helow the desired information as contained in his appli- cation for pension on file in this Bureau: Dates of Enlistment or Appoint- meut. Length of Service. Bank. Officers under Whom Service was Rendered. State Captain. Colonel. May ir78— Nov 5, 1778 „ Feb. 1779 ... Jan. 1780 Dec. 1780 Aug. 30, 1781 . 1781. 3 months.. 3 " 6 " .. 6 " 3 mos. 5 days 1 mo. 17 days 1 mo. 24 days 24 mos.l6 d'ys Sergeant Q.M.Serg'tll Adjutant Capt. Cav'y_ Major Qooden __ Do. Archibald Lytle-. Do Malmady Robt. Irwin Jos. Dickson Robt. Smith Do N.C. N.C. N.C. N.C. N.C. N.C. N.C. Battles engaged in — Charlotte and many skirmishes. Residence of soldier at enlistment — Mecklenburg County, N. 0. Date of application for pension — October 30, 1832. Residence at date of application — Lincoln County, N. C. Age at date of application — Bom Octoher 13, 1759, Chester County, Pa. Remarks: His claim was allowed. Ho stated that h© received nine wounds at the battle of Charlotte and was in hospital two months. Very respectfully, H. Clay Evans, Commissioner. To Mr. W. A. Graham, Machpelah, N. C. Note. — Enlisted in May when 18 years of age. ENGAGEMENT AT CHARLOTTE AND CROSS ROADS, SEPTEMBER 26, 1780. On Lord Cornwallis' approach to Charlotte, Graham was ordered to report to Col. W. E Davie and take command of such Mecklenburg men as should assemble thera Fifty-siix assembled, who were organized into. 62 GENERAL JOSEPH GRAHAM. a company of cavalry, and he was appointed captain. His account of the equipment of his men reads much like the experience of some of his descendants as Con- federate soldiers. He was sent with his company to watch the enemy, who were encamped ten miles from Charlotte, between McAlpin and Sugar Creeks, on the Camden road. He retired as they advanced, annoying them when opportunity was presented. His orders were when the village was reached not to fire hut to draw the enemy up to the infantry at the court-house. The commanding of&cer of the British advance, Major Hanger, rode conspicuously at the head of his troops. When Graham's company arrived about where the rail- road now crosses South Tryon street, one of his men (his brother-in-law, Thomas Barnett) remarked to a com- rade, "I believe that is Comwallis; I am going to get him." He dismounted and was aiming his rifle, when Captain Graham rode up and told him he had given him orders not to fire, and if he did not remount his horse he would cut him down in his tracks. Barnett obeyed the command. Thirty years after this, when two of Graham's sons visited their Uncle Barnett's family, he related the circumstance to them, and seemed as angry as though it had occurred that afternoon. The disposition of the troops in the village for battle was about as follows : Major Dickson's command was placed behind the McCombs' House, near where the Buford Hotel now stands. The infantry was formed in three lines across North Tryon street, the first line twenty steps from the court-house, the other lines each fifty yards in rear, with GENERAL JOSEPH GRAHAM. 63 orders to advance to the court-house, fire and retire by flank. Eighty yards distant on East and West Trade streets were two troops of cavalry, each concealed by a building. Captain Graham, with his and Captain Bran- don's company from Eowan County, were placed as reserve where Tryon Street Methodist Church now stands (1902). As the British advanced Major Dickson fired on them, but they advanced rapidly; the first line at the court- house moved up and fired. As they retired, the enemy thought they were retreating, and rushed for the court- house; the cavalry companies on Trade street, as they reached the "Square," fired upon them. This they could do without harming each other, as one was down the hill about opposite the Belmont, while the other was about Andrews' furniture store. The British retired in haste to their infantry. The infantry, by movements to the right and left through the lots, gained the fianks of the Americans and opened fire, which compelled them to retreat "after a short, spirited resistance" ; the re- serve held their position until they had fired two rounds. They moved off in order through the woods (Church street), with Major Hanger's troops within one hundred and fifty yards. Arriving at the Muddy Branch they made a stand and faced the enemy at the gum tree near where the Seaboard Air Line station is now located. Here Captain Graham narrowly escaped death by the bursting of the gun of one of the men at his side. The reserves, being pressed by the enemy, scattered and rallied again at Kennedy's Creek, two miles distant. The enemy advancing, the troops broke, but rallied again near the Cross Roads, where they 64 GENERAL JOSEPH GRAHAM. formed and engaged the infantry in a hot skirmish. Some of the men dismounted and used the trees for de- fense. The British cavalry divided and moved so as to gain both the right flanli and rear of the Americans, charged and dispersed them. In the fight Lieut. George Locke and two privates were killed. Colonel Lindsey of Georgia, who was acting as a volunteer, Captain Graham and ten others were wounded. As Captain Graham was engaged in a hand-to-hand fight, his horse backed under a limb of a tree which knocked him off. He received three bullets in the thigh, one saber thrust in the side, one cut on the back of the neck and four upon the forehead. And from one of these some of his brains exuded.* The cut on the back of the neck must have been given as he fell or fought on foot. It cut a heavy silver buckle which he wore on his stock entirely in two ; but for the buckle it would have severed his head from his body or cut the arteries so that he would have bled to death. Such a blow, those who have had experience in saber fighting know, could not be dealt by one mounted man upon another. Later, upon retiring, as they passed him, one of the British aimed his pistol at him with intent to shoot. Major Hanger said, "Put up your pistol ; save your ammunition; he has enough." Thus was his life preserved. After the enemy retired, the wounded patriot, to slake his thirst and bathe hisi wounds, crawled to a branch near Mrs. Smart's spring. About sunset her daughter, Mrs. Susan Alexander, coming to the spring for a bucket of water, was hailed by him. She returned *Some years afterwards an old lady acquaintance asked him If he thought he had as much sense as before losing a portion of his brains. He replied that he had not perceived any difference. GENERAL JOSEPH GRAHAM. 65 to the house and brought her mother. They aided him in getting to the house, dressed his wounds, and put him to bed and hung hanks of hackled flax around the bedstead to conceal him from the view of anyone who might come into the house. Mrs. Alexander says that when found his clothes were dyed with his blood. He lay so quietly during the night that they thought he was dead, and once or twice examined to see. Next day Eobert Ramsey, of the Rowan troops, going to the house to see him, and finding half the buckle on his stock, went to the place of "rencontre," and found the other half on the ground. The two pieces were joined together by , a smith of those times. The stock was worn in place of a cravat, and this style was re- tained by gentlemen of the "old school" until the Confed- erate War. The buckle on the back was small ; in front there was a bow sewed to the stock. In Revolutionary times the buckle on the military stocks was about one and a half or two inches in size. That day a party of the British, among whom was an officer's wife, coming to the house for milk, and ascertaining that a wounded soldier was there, the lady proposed to return to camp and send a surgeon to dress his wounds. On their departure, Robert Ramsey and others, fearing his cap- ture, mounted him on his horse, which his comrades had caught the day before, carried him to his mother's residence (some four miles), procured a wagon and conveyed him to Guilford (now Davie) County, where he remained until he recorered. Mrs. Alexander of- fered to ride behind him and hold him on his horse from Mrs. Smart's to his mother's, but it was thought unnecessary. 5 66 GENERAL JOSEPH GEAHAM. He returned to his command in January, and when Lord Cornwallis again advanced into North Carolina, met him at Cowan's Ford and followed him to Guil- ford Court-house. He thought the fight at Charlotte was a mistake, as defeat of the Americans was certain under any circumstances. He thought that much more could have been accomplished by allowing the enemy to encamp at Charlotte and then attacking any parties which might be sent out for foraging and other purposes. A pension was granted Mrs. Alexander in 1851 for her services on this occasion. It is Widow's Revolu- tionary Pension, No. 20568. The following is the rec- ord : "Widow of John Alexander, of Captain Ballard's company, nine months North Carolina Troops, 1779; also in service in N. C. Militia. "James Alexander, father of John, was also in ser- vice. "Susan Alexander is said to have saved the life of Joseph Graham, N. C. Partisan Rangers. The said Joseph Graham was severely wounded at Charlotte, October (September) 26th, 1780. He was found by Susan Alexander, who took him to her house, washed and dressed his wounds and cared for him until he re- covered." General Graham's children always called her "Aunt Susie." A BRITISH ACCOUNT OF THE OCCUPATION OF CHARLOTTE. Major Stedman, Commissary to Lord Cornwallis' forces, says, in American War, Vol. II, page 216 : GENERAL JOSEPH GRAHAM. 67 "Charlotte was taken possession of after a slight re- sistance from the militia, towards the close of Septem- ber. At this period Major Hanger commanded, Colonel Tarleton being ill. In the center of Charlotte, inter- secting the two principal streets, stood a large brick building, the upper part being the court-house and the under part the market house. Behind the shambles a few Americans on horse-back placed themselves. The legion was ordered to drive them off, but upon receiving a fire from behind the stalls, this corps fell back. Lord Comwallis rode up in person and made use of these words : 'Legion, remember you have everything to lose, but nothing to gain,' alluding, it is supposed, to the former reputation of the corps. Webster's brigade moved on and drove the Americans from behind the court-house. The legion then pursued them, but the whole British army was actually kept at bay for some minutes by a few mounted Americans not exceeding twenty in number." JO. GRAHAM AND ANDY JACKSON — MRS. JOHN ALEXANDER-'S ANECDOTES. In 1845, Dr. John H. Gibbon, Superintendent of the United States Mint at Charlotte, in his practice as a physician, made the acquaintance of Mrs. Susie Alexan- der, who resided near "cross-roads," some four miles from Charlotte, on the Salisbury road, near where Maj. Joseph Graham was wounded and left on the field for dead by Tarleton's men, September 26, 1780. Mrs. Alex- ander gave Dr. Gibbon an account of her finding Major Graham, and of her and her mother's (Mrs. Smart) at- tention to him ; also of the stay of General Jackson and 68 GENERAL JOSEPH GKAHAM. his mother at her father's near this time. Dr. Gibbon sent the narrative to The Daily Union, the leading Dem- ocratic paper of the country, which published it July 11, 1845. He also requested The National Intelligencer, the leading Whig paper, to copy. Both papers were published in Washington, D. C. The Intelligencer declined to do so, pronounced the stories "fabulous," and made comments as given below in its issue of August 1. Dr. Gibbon wrote again, and his letter and The Intel- ligencer's comments Avere published in its issue of the 29th. The National Intelligencer was edited with an ability never surpassed in journalism in the United States, and had the confidence and respect of its patrons to an extent that has never been equalled. I would almost as soon have thought of mutilating the family Bible as tearing The National Intelligencer. When we find a paper of this character exhibiting such gross and inexcusable ignorance concerning North Carolina Eevolutionary history, we can not be surprised at the yelping of "Tray, Blanche and Sweetheart" recorded in some of the other journals of the country. I have been unable to find The Union of July 11, 1845, and can not give verbatim Mrs. Alexander's narrative. The Intelligencer denied this because it is contrary to what history relates Jackson to have said. What evi- dence is there to substantiate Mrs. Alexander? Waxhaw is on the road leading from Charlotte to Camden. About the 1st of August, Cornwallis left GENERAL JOSEPH GRAHAM. 69 Charleston and arrived at Camden a week or ten days afterward. Charlotte was directly on the route that it was known he had determined to travel. Waxhaw was on the route to Charlotte. Is it not plausible that when Mrs. Jackson heard of the approach of the British she began her journey and arrived at the Alexander's at the time stated? Tarleton, in May previous, had visited the Waxhaw section, the people knew of the inhumanity of the British, and those intending to leave would do so upon learning a second visit was contemplated. Exami- nation of the map of Mecklenburg County, Part II, will show the roads likely to be travelled. Persons going from Waxhaw to Salisbury would not pass through Charlotte, but, after passing Sugar Creek, take a right- hand fork, and leaving Charlotte four miles to the left, enter the Charlotte-Salisbury road at "Cross-Eoads" near the Alexander Residence. Generals Sumner and Davidson took this route on September 25, and left Davie to protect Charlotte. If Mrs. Jackson went home, as Mrs. Alexander testifies, when Cornwallis reached Charlotte, this road would avoid his troops and place her in his rear at Waxhaw. The same road in an oppo- site direction would have taken her via Salisbury to Guilford County, where Kendall, in his life of Jackson, says they went. I append the articles of The Intelligencer, also a reply by ex-Governor Graham, which I find in manuscript, but do not know that it was ever published. Revolutionakt Legends. [National Intelligencer, August 1, 1845.] An anonymous "Subscriber" enclosed to us a little while back some columns commlmlcated to The Union (the government paper) 70 GENBEAL JOSEPH GRAHAM. as authentic memorials of the Revolution in North Carolina. Were this series of stories striking, we would still he scrupulous of pub- lishing them as historical. Our friend has, we thinik, overrated both their interest and their truth. They avow themselves to be taken from the oral narrations of an ancient midwife, whom the author meets in his professional labors as a physician. The personal habits of this ancient dame and traits of her discourse — her medical theories — her aversion to Indians — her fondness for her pigs, etc., make up a large part of these "Sketches of the Revolutionary War in North Carolina." With these — signally uninstructive — are mixed some aflventures of one Jo Graham', who appears to have escaped the pursuit of Tarle- ton's dragoons, when they chased Colonel Davie's men from Char- lotte (N. C.) toward Salisbury, on the 26th of September, 1780. Now, the historical value of "Aunt Susie's" stories is not entirely positive, inasmuch as we neither know the old lady's source of information nor her name, nor that of him who holds the pen for her, nor his accuracy in regard to what (true or not) she told him. By all the rules of historical criticism, therefore, all that, out of our zeal for the truth and to gratify our subscriber, we could do, was to compare her narrative with others of supposed truth, and thus ascertain its probability. Its truth there was no ascertaining; but, at least, we thought we might be able tO' satisfy ourselves of the possibility, though not the reality of the facts. So we con- sidered, consulted and remembered. Well, the "Sketches" relate, besides the mishaps of Jo Graham (as mentioned) and the succor given him' in his wounded state by Aunt Susie and her mother, the arrival and "residence" at their farm house of some other persons a little more famous. Now, his- tory, we saw, afforded no means of clearing up the facts concerning Jo Graham, inasmuch as the negligent Muse, CliO', has never given herself the slightest thought of rescuing tlh© deeds, and wrestling the "red coat and white small clothes" of the puissant Jo from unmerited oblivion. They say — at least Horace says — that she was quite in the habit of treating great men so, before Agamemnon's day. Vixere fortes ante Agamemnona Multi; sect omnes illacrymoMles Vrgentur, ignotique longa Nocte, carent quia vote sacro. GENERAL JOSEPH GRAHAM. 71 As to Jo Grahain, therefore, we had no- hope of making the muse and midwife correct and check each other's fables. But when the grandame's tale ventured out of the unknown into the known, we felt that it would need no Niebuhr to catch her tripping. Well, these more historical personages are such as — her stories relating to the time of Gates' defeat at Camden, and she herself being then a dweller some five miles from Charlotte toward Salis- bury, near the road from the former to the latter town — were to be expected from' a dame living not far from General Jackson's birth- place, the Waixh&ws. The General, then, is introduced, apropos of a dish of boiled rice and milk, which the doctor recommends to Aunt Susie: "Upon one occasion, when she was indisposed, I recommended the use of rice boiled in milk as a diet well adapted to her age and complaint. At the same time mentioned an anecdote I had heard— that, when General Jackson was in Philadelphia, he sat down with a large company to a sumptuous dinner provided for him, and occasioned some surprise and delay by unexpectedly asking for boiled rice and milk." From this observation I derived the following account of The Fugitives From the Waxhaws. "Ande Jackson!" cried the old lady; "Oh! I m'ind Ande Jackson well; and I have no doubtl he would mind me, too. "He and his mother — ^Aunt Betty, we called her (her name was Elizabeth) — her sister and brother-in-law (John McKamie), and a black girl, named Cbairlotte, with several horses, fled before the British, from the Waxhaws, and came to reside at my father's house. They told us they just come in to stay under our roof; and we just told them to stay. My husband was in arms; and we all four gathered at my father's for convenience. Ande Jackson and his mother came up from Waxhaws about six weeks before the British came to Charlotte. The old woman lamented very much, every now and then, about things being left In such desolation at home. She acknowledged she did think of the leeks and onions of Egypt. "She was a fresh-looking, fair-haired, very conversive, old Irish lady, at dreadful enmity with the Indians. I thought her eldest son was killed by them. They did lament about their eldest son and brother. They took great spells of mourning about him. Ande was her youngest child. He was a tall young fellow, about 11 or 12 72 GENERAL JOSEPH GEAHAM. years of age. He was a lank, leaning-forward fellow, tall of his age, and a poor, gripy-looking fellow, but with a large forehead and big eyes. He never was pretty, but there was something very agree- able about him. I thought him a mighty good boy — very cheerful, observing and trying to improve. "Ande was dressed in homespun, like we all were. They did go in coarse fare during the Revolution; but, indeed, one man then was worth two men now, generally speaking. "They were healthful, unlearned men; but there are some mtich more ignorant now. "It would have broken my heart if I had not known how to read. It is terrible loss not to know how to read. It Is a comfort to me this day, as it was then. "Ande was an independent boy in his manner and had good sense. I considered he would make a fine man then. "But dear me! I have heard stories enough of Ande Jackson to fill a book; but I never liked to believe them, for he was a good boy, and very fond of his mother. "His mother could not be idle. She could spin flax beautiful. We had no cotton then. She was the busiest that could be, as if she was working for wages; but there was no price or charge, either upon work or victuals, in those days. "Every one did whatever they could turn thedr hand to. She spun us heddle-yarn for weaving cloth and the best and finest I ever saw. "They were very anxious about home — I mean she was. Ha never fretted — was quite happy, like another boy. His mother m'oaned about home, as any other old body would; but, whiles, she would be very cheerful. "It was a time of great trials. "She did think a dreadful deal of that son, Ande, who was her all. "Ande and I tended the farm. His mother allowed him to work at every thing he would, and he was very willing. "We had a large new field, just cleared, planted in corn and pumpkins. Ande and I had the greatest time to keep up the fences to keep the hogs out. "For the horsemen — the flying infantry, as they were called — were always riding about, and would throw down the fences, with- out ever stopping to put them up again. "They would never go round a rod — being always in a hurry. "Ande would cut up pumpkins and feed that cow; and he liked GENERAL JOSEPH GRAHAM. 73 to look at her eating. We fed her beautifully and she gave plenty of milk. "The Jacksons had rode upon horses, that were kept In a back pasture well out of sight. "Ande made bows and arrows, and shot birds about. There were many birds about in those days — snipes, partridges and wild turkeys. He had a great idea of some military business. "I like to see a big forehead and large eyes when I want to see a m'artial man. "Ande could not well be idle. He used to carry my baby about and nurse it bravely. He was very willing tO' do so. "It was in a peach and watermelon time tihey were here. We got a good deal of support out of the corn field. We were well off. We were not very nice. Our wants were not so many, and were the easiest supplied. "We had Continental and Convention, money plenty, but it was very light. Some of the big folks issued their own paper for small sums, for change, payable in one year; but a great deal of it never came back to be paid. People were not anxious about money. Money was a small matter in those days. Nothing attracted their attention but liberty. That was their wrhole object. "My biggest brothers had gione to the war. My husband was in the army, and I had my first baby in my arms. My m'other was heavy-footed at the time — far gone with her last Infant; but she could take care of my child. "Ande land I spread flax, watered and gathered it. Wo had no cotton at all. He and I packed away the flax in the loft. "The people hided all their boys, for fear the British would take them off. The men were all gone away to the army, and even the women into remote settlements, to be out of the way of the British — such a character had come from the lower country of their acts. "I had no Idea of going away. I never was afraid, thank God! My mother was too heavy-footed to go, lamd I had to stay with her. "But the British were often sore belied in my notion. It was the Tories did the m'ost mischief. "The Hessians were exactly heathens! The British told them they must fight to the death, for, if the Americans took them prisoners they would eat them. "But it must be said to the credit of the Americans, they never abused a prisoner yet — unless it was now and then to tar and 74 GENERAL JOSEPH GRAHAM. feaitlier a Tory. This neither broke their bones nor scalded their heads, but kept them busy getting it off them, and I thought no harm of that at all. "The Jacksons got round and went home behind the British, as they came to Charlotte." A feiW facts and dates and all this vanishes into a very absurd romance. The first battle of Camden (Gates) happened on the 16th of August, 1780. Cornwallis did not advance tO' Waxhaw until the 8th of September — only a little more than two (instead of the narra- tor's six) weeks before he entered Charlotte (26). This advance alone drove Mrs. Jackson from' her home. Besides, her son's biographers tell us she took to flight on the 8th. Moreover, since she only passed through Charlotte (as they also' arer) on the 25th it is clear that she advanced that far only fast enough to keep out of reach of the enemy, and under protection of Colonel Davie. He attempted to make some stand at Charlotte on the 26th, but was driven back and his troops dispersed. It is clear that it was for this reason that she then fled further and faster into Guilford County; and as all the lives say that she went thither to the house of a Mrs. McCulloch when she left Charlotte, "Aunt Susie" must, like Mr. Pickwick, make out an alibi or her case is a non-suit. This is not all: Aunt Susie says the mother, her sister's husband and Andrew, the only son, came to "stay" at her house; and that mother and son spoke of the other son as lately killed — she thought by the Indians. Now, the eldest brother, Hugh, fell at the battle of Stono, 20th June, 1779. Robert (the second) and Andrew were both companions of this her flight of the 25th September. Witness that the life of Jackson says: "On 25th September Lord Cornwallis, having been joined by Tarleton's forces (from the west side of the Catawba) resumed his march (from Waxhaws) for Charlotte." And immediately after: "On the morning of this day (the same 25th) Mrs. Jackson, with her two sons, passed through Charlotte on her way to a Mrs. Mc- Culloch, in Guilford county." Finally, Aunt Susie says the Jacksons, as the enemy came to Charlotte, "got round behind them and went home." A bold step; but why then had they been so prompt to leave the "Waxhaw settle- ment a month before Cornwallis came near them? Was it only to get back into much greater danger? GENERAL JOSEPH GRAHAM. 75 But now, what do all the historiographers, except Aunt Susie, say? Mr. Kendall, for instamce? At his next mention of Mrs. Jack- son, after the relation of her flight into Guilford (25th September), he says: "Mrs. Jackson, with her two sons and the other Waxhaw settlers, rem'ained in their exile only until Lord Comwallis had crossed the Yadkin early in February. They then returned home, as well to look after their property as to keep alive the fire of patriotism in their own State. Nothing could exhibit more bold- ness than the return of these people at such a time." To conclude, then, we will not attempt to shake the authenticity of Aunt Susie's facts about! the General's haying shot sparrows at a great rate, or nursed her baby for her, or fed that little broken- backed cow with pumpkins. We even stand ready to ailmit that he was in the habit of looking very amicably at little broken-back while munching her pumpkins repast. But, these, we fear, are the most historical parts of her relations, and all the rest must pass for romance, or poetry, or mythology. Dr. J. H. Gibbon's Letter. [National Intelligencer, August 29, 1845.] Our displeased, but still courteous opponent (whom we are sorry to have wounded for such now that he frankly avows himself) ought certainly not to be surprised if, under the travesty of Jo Graham', we could not, without any other indications of his identity, recognize the father of the present highly-respected Governor of North Carolina. The figure he makes in the narrative was a little too strange to beget in ua any suspicion who was meant. We pro- ceed, however, to copy from The Union his reply to our strictures. "AUNT SUSIE." "I read in The National Intelligencer, of the 2nd August, a criti- cism upon two "Sketches of the Revolutionary War in North Caro- lina," originally communicated in The Union of 11th July, a copy of which I enclosed annonymously to the editors of The Intelli- gencer, to which I am a 'subscriber.' "In the neighborhood in which I live, the persons referred to are Tery well known, and the narrative loses its anonymous character. Indeed, we are much better acquainted with the names of Ande Jackson, Jo Graham and Susie Alexander than with those of Clio, Horace and Agamemnon. t b GENERAL JOSEPH GEAHAM. "My surprise was certainly greater to see four lines of Latin verse connected with, the criticism upon these "revolutionary legions" in The Intelligencer, than at any discrepancy in the dates of an aged woman on the verge of the grave. "Notwithstanding the obviously bilious character of the criti- cism!, there are some apparent objections, which I have referred to Mrs. Alexander, to whom I read the observations in The Intelligen- cer. She said to me: "I had an excellent memory in my youth, but it may be somewhat jarred now. Anything that happened then is of more consequence to me than anything that happens now. I am sure that what I was told was put down as I heard it; and all that I stated were limits of the truth. "I don't know how you recollect it all, but what I read in print in The Union was exactly the truth. The only thing 1 would wish to correct was, with respect to Ande's age. As far as I could judge, when he was at our house, I think he was over thirteen. "Mrs. Jackson and her son, Andrew, came to our house in the month of August, and I am sure were there nigh to six weeks. No brother came with And© to our home. Nor do I recollect hearing themJ mention any other brother than the one that was killed. I only recollect about the death of that one brother, and I had it as a perfect belief, that he was killed by the Indians — for they often mourned Mm, and they were inveterate haters of the Indians, on account of their barbarities — both he and his mother. "It exactly affronts me to hear anything against him. He had fallings, like the best of men we have an account of, but he had his virtues, certainly. "He was a preserver — or in the hands of a preserver — upon the frontier against the Indians; and his very soul was grieved when he could not get men to help him. Oh! we all suffered by those horrid Indians; and the remembrance of it has not gone out of me yet. "I am sure the Jacksons were near to six weeks at our house. Depend upon it, they came in August, for the corn was in the roastt- ing ears; and we had only the one crop in the big field; and in September we were taking in fodder in those times, for the corn was getting hard then. On the 25th and 26th of September of that year there cam'e awful frosts, and every bit of new land was ruined. We had taken some fodder before that, and Ande helped to tie it. Wh.at was left was ruined — as white as a sheet and tasteless. It GENERAL JOSEPH GRAHAM. 77 was a great cause of lamentation for it was adding more to our distress. "It was on tlie 24th or 25tli of September that the Jacltsons left these logs (pointing to her house) a day or two^ before Graham was wounded. "The British hireling troops — Hessians, Germans, Norwaymen, and Welch — had done some rude mischief, abusing the young women, so that there was great fear of falling into their brutish hands. "The Tories, too, were bold, forward amd troublesome in expecta- tion, when they heard the British were coming up from Charleston, and the Jaoksons were hurried off in consequence of their taking boys and holding them to wait on them like. So that Mrs. Jackson was induced to come away on account of her son — her all, as she often called him'. That's the story they told us! The time the British were occupied in marching from Charleston to Camden was quite sufficient to alarm the whole of the upper country. People were alarmed and making preparations to scratch out of the way before the battle of Camden; but much more so afterwards. There was a desperate talk about the battle of Camden while the Jack- sons were with us. The riders who carried the news were the whole lookout of the country, and reports came rapidly by us. "There were watermelons and peaches when the Jacksons came, but they gave out before they left us. Watermelons, in new land, come forward in July generally, and continue through August. August was the main time for our peaches. They are an early kind called Coneojig peaches from the neighborhood of that stream in Pennsylvania. About the 4th or 5th of August we had plenty, and the Jacksons had peaches, for, she said, 'she feared she would never eat peaches ast home again.' But the peaches were finished while ■the Jacksons were here. They used of them, I mind. In the be- ginning of September we had few except late ones. "When the Jacksons came roasting ears were in prime case, and we did make them fly, too! We did not know whether we should enjoy that corn long, and we were not saving of it, for when Com- wallis came it was a very dark day about to open! "Ande and I often selected the pumpkins and beans, which were the only sauce we had with our meat. Flour was scarce, but we ■were all well people then; we did not want delicacies. "Every now and then some one would call to stay a night at our 78 GENEEAL JOSEPH GEAHAM. house; for it was a great thoroughfare bet-ween two big roads, and people were flying in all directions from the enemy. Almost all the roads were only cow paths then, except to mill and meeting. "I recollect th© morning the Jacksons started, for they were very anxious and desired to get home with all intenseness, and I be- lieved well they went home, for she feared everything they had would be destroyed. But I think they had hid many of their tihings in the woods, as many bodies did. "I never heard about them much after they left us, except that Ande was going to school in Charlotte; for every one was in such wonderful confusion they had enough of their own affairs to at- tend to. "If they staid away so long as it is said, it was not what they intended to do when they left us. But I will not be sure they got back home. From everything I can remember they had determined to go home, but they nJa,j have found it would not do. They might have altered their intention after they left us, and it may be she went to Guilford instead of home, as they might soon change their notion In such_,times. They might hajv© taken the turn along with other company they met with going to Guilford, if they considered it unsafe to gO' home. A power of people went to Guilford, where our army was to be stationed and where the whole country crowded to. "In all their company the Jacksons had five horses. Ande and his mother rode each their own horse, with packs of clothing and food with them. About money, I don't know how taey were off; for, indeed, there was very little among us. "They all carried packs, and they took a course from our house to lead theml home; but it would also lead them toward Guilford, if they went there. If Ande was in the fight with Davie, he got in after he left our house, which was' only a day or two before the British reached Charlotte. "I do wish I had committed better to my memory about matters. If it could have been started earlier they might have had more to compare by. But I can stand over anything I say. But I can't pre- tend to be certain of what I can not be certain of. There is prob- ably not a living soul but myself that can ratify it exactly. It is no mystery to me — my recollection of the facts. As far as I go I went for the truth. But the confusion and distress was so great at the time it was very difficult to know how things were mixed up." GENERAL JOSEPH GRAHAM. 79 It is the opinion of Aunt Susie, then, that Mrs. Jackson fled from the Waxhaws early in the n^'onth of August, and before the hattle of Camden, in consequence of the reckless behavior of the Tories in her neighborhood, excited by the assurance of the approach of the British troops from Charleston towards the upper country; that. Instead of passing through Charlotte on the 25th of Septem- ber, Mrs. Jackson, on that day, or the day before, left the vicinity, where she had found refuge atl James Alexander's, lafter her first flight, with the intention to: return home by McKamie on Rocky River — the same route she had form'erly passed over; that, most probably, prevented by reports of the condition of the country at the Waxhaws, over which the British had passed, they had kept the mala road northeasterly, and reached a second shelter in Guilford, where she remained till the middle of winter. In the confusion and constant incidents of travel, the first stop- ping place had been overlooked; but the events which are narrated in the recollections of Aunt Susie, have been frequently related by her, and are undoubtedly entitled to respect. Mrs. Alexander has herein described persons and dates, the crops and the season, as the best natural evidence to impress the accuracy of her recollections and opinions upon those who are prepared to understand the testimony she offers'. The desultory style of her narrative was caused by an occasional question interrupting her conversation. I know no one whose evi- dence would be more generally received among her neighbors as correct and true than that of Mrs. Susanna Alexander. With regard to the account Mrs. Alexander gives of "One Jo. Gra- ham'" (as the father of the present Gtovernor of North Carolina is characterized in The Intelligencer) she says: "It may be a romance, but it is a romantic truth." "There never was a truer story — that I can vindicate, for it hap- pened into my 'own hand, and I can tell it better than heresay! " I trust to the ordinary courtesy of the editors of The National Intelligencer to have Mrs. Alexander's explanation inserted In that paper. J. H. Gibbon, U. S. Branch Mint, Charlotte, N. C. August 9, 1845. 80 GENERAL JOSEPH GEAHAM. GOVERNOR GRAHAM'S LETTER TO THE UNION. THE INTBIilGENCEK AND EEVOLUTIONAKT LEGENDS. To the ECitor of the Union: The National Intelligencer of August 1st, under the head of "Rer- olutionary Legends" contains an editorial critique upon an article in The Union of July lltih, entitled "Sketches of the Revolutionary War in North Carolina," which I must request a brief space in your paper to notice. The individual now addressing you had no agency in the preparation of these sketches nor any knowledge that such publication was intended or had been made until within a day or two of the appearance of The Intelligencer's remarks upon it. It may be proper further to add that although ai subscriber and con- stant reader of The National Intelligencer he is not that subscriber who desired a publication of these sketches in its columns, nor does he take any exception to its declaration that they are devoid of in- terest. But feeling a natural concern in the fame of the person who is the principal subject of the first of these sketches, and with whose services and suffering at the darkest period of the war in the South, The Intelligencer is pleased to trifle veir much to the amuse- ment of at lea;St the editors, he is constrained to interpose for the vindication of his memory against such causeless injustice. These sketches purport to be narratives derived from' a matron eighty-five years of age now living in the vicinity of Charlotte, Mecklenburg County, who is denominated by the writer "Aunt Susie" and whose family name is Alexander. And it may be remembered by your readers that one of them refers to the refuge (as it is alleged), of General Jackson in his boyhood at the house of this old lady's father about the time of the British invasion in North Carolina about 1780; and the other to the succor and relief afforded by her and her mother to Joseph Graham, an officer who had fought under General Davie in the defense of Charlotte; who had been badly wounded on the retreat and left for dead by the enemy; who is described in the remarks prefixed to the sketches as the father of the present Gov- ernor of the State, and to whom every one In the least familiar with the traditions in the section of country where these events happened recognizes the late General Joseph Graham, then of Meck- lenburg, but for the last forty years preceding his death in 1836 an inhabitant of the adjoining county of Lincoln. The Intelli- gencer pronounces these stories as entirely fabulous as far as they concern Jaiokson because contradicted by history; and if not impos- GENERAL JOSEPH GRAHAM. 81 sible as they relate to Graham, altogether incapable of haying their truth ascertained since history had not deigned to mention him at all. The editors then proceed in a vein of very great merriment! to consign him to ohlivion loaded with such a weight of ridicule as practiced pens are enabled to educe from the familiar contraction of his name in which the old matron Indulges herself, her descrip- tion of his dress, and his supposed puissance in encountering the enemy, and being classics they conclude the strain with a derisive application of the hackneyed verse of Horace: Vixere fortes ante Agamemnona Multi, etc.. Perhaps it may turn out that the brave men who lived before Agamemnon had this advantage over their successors in 1780-81 that if they have been doom'ed to sleep unknown in the long night of ages for want of the sacer vates (the truthful author), to embalm their deeds, they have been at least exempted from the persecutions of the buffoons of literature; who beyond the narrow circle in which they chose to minister as the dispensers of fame will not suffer a violet to spring from the grave of a hero without plucking it up and casting it away. All this is done as the critique declares according tO' the most ap- proved "rules of historical criticism, with great zeal for truth" and after a professed examination of the history of that period. In- deed it was to have been presumed in common charity that such a course of derision and insult would hairdly have been indulged by those professing to give information to the public without having had recourse to the best sources of intelligence and finding them to Justify them. "Its truth (say the editors), there was no ascertain- ing but at least we thought we might be able to satisfy ourselves of the possibility though not the reality of the facts; so we consid- ered. But could find no trace of such character in history con- sulted and remembered." Now after all this those who have read the article of Tfie Intelli- gencer will readily agree that if any such person as "Jo. Graham" did in fact exist he was never in greater danger of annihilation from the sabers of Tarleton's dragoons than Is his memory from the sneers of these critics of The National Intelligencer. How much they "considered and remembered" there is no "ascertaining." Nor is It very apparent how either process would have helped them to facts which it is very evident were never within their knowledge; 6 82 GENERAL JOSEPH GRAHAM. though -with their pretensions on the subject they should have been. But they also "consulted." With whom? Certainly with no one having the slightest acquaintance with the traditions of the Revo- lution in western North Carolina. The gallant defense of Charlotte by Davie with but little more than two hundred men against the approach of the whole British army, his driving back the column of horse in the three several charges which they made and keeping them at bay until Comwallis advanced in person to his cavalry, re- proached them with cowardice and by re-enforcements of superior numbers compelled our troops at last to recede from the unequal contest, are remembered by the people of that region with a pride bordering on enthusiasm. And the part borne by Graham in that action at the head of the volunteers in Mecklenburg; his command of the reserve on the retreat, his being wounded and left for dead about four miles from the village on the Salisbury road, are as familiarly known to the people of the western section of the State as the defeat of Ferguson at King's Mountain, of the fall of David- son at the passage of the Catawba. It m'ay be safely said that it is more generally known. The events occurred in his own home in defense of that village in which five years before while quite a youth he had witnessed the Declaration of Independence Dy the people of Mecklenburg, in a county which he afterwards represented in the Legislature of the State and in both of the conventions which de- liberated on the adoption of the Federal Constitution by North Caro- lina; in a region of country where he ever after resided and wore the scars of the wounds received then, and whose military forces he commanded in the capacity of brigadier general in 1814 when they confederated with General Jackson in the subjugation of the Creek Indians. It is to be regretted for the sake of peace to his ashes that some position of his public services had not brought him to the notice of the editors of The Intelligencer. It may be asking too much of those who discoursed so much of muses and poets to consult muster rolls and public records for the evidences of reality of one whom they are determined to consider as mere nom de guerre. But what historian have they "consulted" who furnishes a decent excuse for the mockery with which they have treated his memory? Is there any who professes to give de- tails of the action at Charlotte in which the name of Graham is not mentioned? "Lee's Memoirs of the War in the South," written by an officer of distinction who joined the Southern sei^ce soon after the affair at Charlotte and who becatme well acquainted with the GENERAL JOSEPH GRAHAM. 83 officers engaged in it says that on the approach of Cornwallis to- wards Charlotte General Sumner, who had been encamped at Provi- dence, "retired on the nearest road to Salisbury, leaving Col. Davie, strengthened by a few volunteers under Major Graham, to observe the movements of the enemy. * * * Davie, relying on the firm- ness of the troops, determined to give them (the British) am earnest of the spirit of the country into which they had entered. * * * His infantry also, dismounted with Graham's volunteers were ad- vanced 80 yards in front on each side of the street covered with enclosures of the village. ^ * * Lieutenant Locke and five pri- vates were killed and Major Graham and twelve men wounded." The account is too long to be here copied at length, but will repay perusal by those feeling any interest in the subject. It will show that the "midwife," though professing no familiarity with the muse, is far better sustained by her than The National Intelligencer which affects to speak in her nalme. Her mistake as to the rank held by Graham at that time goes but to corroborate the general evidence of one who had known him in every grade from a sergeant to the head of a battalion. Your correspondent never saw Mrs. Alexander and knows nothing of her habits of life which are detailed with some minuteness in connection with these sketches of the Revolution, though from the earliest recollection he has heard of her kind mln- isterings to the wounded officer on the 26th of September, 1780, and has been taught to cherish for her an hereditary gratitude and affection. He well rem^emibers that in September, 1836, but a month before the death of Gen. Graham on the anniversary of the invasion of Charlotte, it was adverted to in conversation with him and he acknowledged the hospitality and assistance received at the hands of these benevolent females in terms not materially variant from that portion of the narrative of the "Sketches." I have no information respecting the other subjects of the sketches, but am very far from concurring with the opinion of The Intelligencer that the truth of that is impossible. Time is very often not mateiiai in determining the actual occurrence of facts. The Waxhaws are not more than a day's journey and it would have been no difficult undertaking at any period of alarm for Mrs. Jack- son to have fled with her family to the house of Mr. Alexander as these sketches affirm. Besides The Intelligencer seems to be igno- rant of the fact that Lord Cornwallis remained at Charlotte but fifteen or twenty days. When hearing of the defeat of Ferguson he decamped in the night, retreated to Camden (Winnsboro), and did 84 GENERAL JOSEPH GRAHAM. not return to North Carolina until December following; so that there could have been no necessity for Mrs. Jackson's fleeing "fur- ther and faster" into Guilford at that time. And it is no very violent conjecture to suppose that she may have lingered a few weeks in Mecklenburg before going to Guilford. I go not however into that. I have reluctantly asked the indulgence of your columns to expose a great injustice to one whose character is esteemed a richer legacy than any inheritance he has left to his children; that done my end is accomplished. G-. August 15 1845. CHARLOTTE, THE HORNET'S NEST — ORIGIN OF THE NAME. Tradition says that when Cornwallis retreated from Charlotte October 14th, 1780, he and Tarleton camped at the house of Robert Wilson, in the Steele Creek con- gregation, who was then a prisoner in the hands of the British. He and seven sons belonged to a Mecklen- burg command of General Sumter's forces. Lord Corn- wallis endeavored to persuade Mrs. Wilson to influence her husband and sons to join the Royal standard as the way to rank, honor and wealth, promising, if she would pledge herself to do so he would immediately order the discharge of her husband. She replied: "I have seven sons who are now or have been bearing arms ; indeed, my seventh son, Zaccheus, who is only fifteen years old, I yesterday assisted to get ready and go to join his; brothers in Sumter's army. Now, sooner than see one of my family turn back from the glorious enter- prise, I would take these boys (pointing to three or four small sons) and would myself enlist under Sum- ter's standard and show my husband and sons how to fight; and, if necessary, how to die for their country." "Ah, General," interrupted Tarleton, "I think you have got into a hornet's nest. Never mind; when we GENERAL JOSEPH GRAHAM. 85 get to Camden I'll take good care that old Kobin Wilson never gets back." MECKLENBURG AND ROWAN COUNTIES IN THE REVOLUTION. Oornwallis pronounced this the "most rebellious" sec- tion in America. No regular army was quartered in these counties, but every man was a soldier cantonned out with wife or parent, ready to respond at his own expense to a call for service, to prevent the enemy's entrance, to drive him from its borders and to pursue him elsewhere or to suppress local disloyalty. It would be interesting to preserve the deeds of valor of these heroes obtained from historical records and tradition, but the limits of this work does not permit more extended notice than is connected with its subject. In patriotism they were "chief among their Peers." The public sentiment of this section is thus noted in Lieutenant-Colonel B. Tarleton's Campaigns of 1780 and 1781 in the Southern Provinces of North America; London^ 1787. HALT AT CHARLOTTE TOWN. Charlotte town affords some conveniences, blended mth great dis- advantages. The mills in its neighborhood were supposed of sufB,- cient consequence to render It for the present an eligible position, and in future a necessary post when the army advanced. But the aptness of its Intermediate situation between Camden and Salisbury and the quantity of its mills did not counterbalance its defects. The town and environs abounded with inveterate enemies. The plantations in the neighborhood were smaJl and uncultivated; the roads narrow and crossed in every direction; and the whole face of the country covered with close and thick woods. In addition to these disadvantages, no estimation could be made of the sentiments of half the inhabitants of North Carolina whilst the royal army 86 GENERAL JOSEPH GRAHAM. remained at Charlotte town. It waa evident and it had frequently been mentioned to the King's officers that the counties of Mecklen- burg and Rowan were more hostile to England than any others in America. The vigilance and animosity of these surrounding dis- tricts checked the exertions of the well affected and totally de- stroyed all communication between the Kings' troops and the loyal- ists in the other parts of the province. No British commander could obtain any information in that position which would facili- tate his designs, or guide his future conduct- E^fe^y report con- cerning the measures of the governor and assembly would un- doubtedly be ambiguous; accounts of the preparations of the mili- tia could only be vague and uncertain; and all intelligence of the real force and movements of the continentals must be totally unat- tainable. The foraging parties were every day harassed by the inhabitants who did not remain at home to receive payment for the produce of their plantations, but generally fired from covert places to annoy the British detachments. Ineffectual attempts were made upon con- voys coming from Camden and the intermediate post at Blair's mill; but individuals with expresses were frequently murdered. An attack was directed against the picket at Polk's mill, two miles from town. The Americans were gallantly received by Lieutenant Guyon, of the 23rd regiment; and the fire of his party from a loop- holed building adjoining the m'ill repulsed the assailants. Not- withstanding the different checks and losses sustained by the mili- tia of the district, they continued their hostilities with unwearied perseverance; and the British troops were so effectually blockaded In their present position that very few out of a great number of messengers could reach Charlotte town in the beginning of Octo- ber to give Intelligence of "Ferguson's situation." * * * The destruction of Ferguson and his corps (in the battle of King's Mountain, October 7, 1780) marked the period and extent of the first expedition into North Carolina. Added to the depression and fear it communicated to the loyalists upon the borders and to the southward, the effect of such an important event was sensibly felt by Earl Cornwallis at Charlotte town. * * * A farther progress by the route which he had undertaken could not possibly remove, but would undoubtedly increase his difficul- ties; he therefore formed a sudden determination to quit Charlotte town and pass the Catawba river. Accordingly he fell back hurriedly from Charlotte on the night GENERAL JOSEPH GRAHAM. 87 of the 1401 of October, "leaving behind twenty wagons loaded with supplies for the army, a printing press, and other stores belonging to public departments, and the knapsacks of the light infantry and legion." To reach the river they had to cut their way through "the Mecklenburg militia, who, supposing the cavalry still absent, attempted to harass the head of the column." Extracts from letters of Lord Comwallis, giving ac- count of passing the Catawba at Cowan's Ford and march to the Yadkin River : "The Militia of the rebellious counties of Rohan (Rowan) and Mecklenburg under General Davidson." "We met with no further opposition on our march to the Yadkin through one of the most rebellious tracts in America." 2. SUBSEQUENT TO THE REVOLUTIONARY WAR. COMMISSIONER AND SHERIFF. At the close of the Revolutionary War, General Gra- ham was appointed Commissioner for Mecklenburg County to collect and sell government property. He acted as such in 1783-'4. I have obtained from the State Treasurer's office the following return of two of his sales: Capt. James Knox, 66 bushels of wheat 72 Capt. William B. Alexander, 250 lbs. of Flower, 4 L. 10 S. Per C. . . . .■ , '... 11 Arthur Garrison, 250 lbs. of Flower @ 6 S. Per C. . . 15 Hugh Reynolds, 323 @ 6 L. Per C 19 James McNeely, 1 Musqult 3 James Henry, 1 Rifle Gun 23 William Raison, Musquit Thomas Polk, 4 Gun Barrels William Driskill, 4 Gun Barrels David Freeman, Ditto Thomas Polk, Do William Alexander, Do s. D. 12 5 8 6 19 7 15 10 5 10 88 GENEBAL JOSEPH GEAHAM. L. S. D. David Freeman. Do. 10 James Tagert, Do 10 Hugh Pollock, Do 14 William Driskill, Do 14 Hugh. Pollock ,8 Gun Barrels 2 3 Thomas Polk, 4 Do 1 10 David McCrea, 8 Do 2 10 William Wily, Bayonets 2 Charles Patton, Bayonets & Gun locks 8 Robt. Clark, Bayonets 6 Wm. Henry, Gunlocks 3 Tunis Hood, Brass 1 1 Hugh Pollock, Gun Locks 11 Charles Alexander, Gun Mounting & Bayonets 9 Jno. McCrea, Gunlocks 3 Hugh Pollock, Gun mounting 6 William Wily, Gun Mounting X 1 Hugh Pollock, Gunlocks 16 162 07 6 Deduct Commissions 2% Per Cent 4 1 2 158 6 4 ARTICLES SOLD AT PUBLICK VENDUE IN CHARLOTTE MARCH 12, 1784. L. S. D. Wm. Paterson, one Musquit 11 Henry Syren, 1 Do. & Cartridge Box 2 6 Jno. Haris, 1 Musquit & Cartridge Box 8 Jos. Kinon, 1 Do 15 Saml. McCombs, 1 Do , 13 John Harris, Four Wagon Wheels 70 5 Wm. Query, Smith Tools 16 10 Jno. Nelson, Dutch oven 4 12 Henry Syren, Do 2 11 Saml. Wilson, 2 Do 2 2 6 Alexander Johnson, old Wagon 67 8 169 1 6 Deduct Commission 2% Per Cent 4 4 6 164 17 6 GENERAL JOSEPH GRAHAM. 89 Sold at Vendue part of the Smith Tools for Money to Wm. Query 1 5 Paid Jno. McNit for hauling old guns , . . 14 The Cryer 6 and Clerk 5 11 00 State of North Carolina, Dbtr. to Joseph Graham, Commissioner of Mecklenburg County. To himself, horse & Expenses in Collecting, removing the above articles twenty-one Days @ 10 S. per day — L. 10 10 0. Rowan County. Jos-eph Graham, Esq., made Oath that the above is a true Return of the public property which has come into his hands in the County of Mecklenburg as County Commissioner and of his own tim'e in Collecting the same. Sworn March 27, 1784 Before me, Wnx Cathet, Jurat. Memo. Charge Jos. Graham with the Amt. of these sales. Mr. Graham has paid the above to Wm. Lock, District Treasurer. After the Kevolutionary War, under the confedera- tion before the adoption of the United States Consti- tution, forbidding anything but gold and silver coin being made a "legal tender," many persons kept quires of bills of different amounts on hand, and in paying an obligation simply numbered and signed the bill. To abolish this custom was one cause of the "specie pay- ment" provision being placed in the Federal Constitu- tion. The following are copies of some of these bills General Graham had prepared for use. They ran in value from four pence to seven shilling six pence, and perhaps higher. Each bill amounting to one shilling or more in value had a stub attached to it like those on checks or receipts of this time, which the payer could retain as evidence of the debt. 90 GENERAL JOSEPH GRAHAM. Judging from the number of these bills it is probable a large part of them were prepared for making change in settlements as United Statesi Commissioner and Sheriff. NORTH-CAROLINA, No. On demand I promife to pay the bearer hereof, the fum of Four Pence, it being for value received, as witnefs my hand. a -9'»floe^A^^£Ks^'ey.9'&aeg^ L Jo ^^s^oe^xa/.g^aQg'Qy ^ NORTH-CAROLINA, No. On demand I promife to pay to the bearer hereof, the fam of One Shilling, it being for value received, as witnefs my hand. S £^SG^e^S,&&SG^Q.^o&2'3^^S/?/&S^? •'5 ^3/&&2/S^i^&£>SXi,e^^^^&&2&^^Sy^&Z&Q^ W No. 1/- No. § NORTH-CAROLINA, No. U On demand I promife to pay g to the bearer hereof, the fum of § Seven Shillings & Six Pence 7/6 g it being for value received, as witnefs my hand. GENERAL JOSEPH GRAHAM. 91 4. SUBSEQUENT TO THE REVOI.UTION. CIVIL AND POLITICAL SERVICES. He was Sheriff of Mecklenburg Oounty, which then embraced Cabarrus and a portion of what is now Union, in 1784-'5. The Sheriff at that time was recommended annually at the June meeting by the Justices of the Peace of a county, and was commissioned by the Gov- ernor. The State taxes of Mecklenburg in 1786 were £4,830, 12s. lid. In 1803 the act requiring the Gov- ernor to commission the sheriffs was repealed. After election, upon filing an acceptable bond, Graham en- tered upon the duties of his office. CONVENTIONS TO CONSIDER THE FEDERAL CONSTITUTION. 1. He was a member of the first convention of the State to consider the proposed Constitution of the Uni- ted States, which met at Hillsboro, July 21, 1788. This was his first experience in a legislative or deliberative assiembly. He took no part in the debates. It seems to have been from the first assembling of the convention the determination of a large majority of the members to take no action upon the question of adoption or re- jection, but to wait for amendments. A few leaders on each side debated the question. Among those who ad- vocated adoption were General Davie, Judge Iredell, Governor Johnston, Arch. McLean, John Steele, R. D. Speight and others. Those who opposed ratification were Judge Spencer, Dr. Caldwell, Eev. L. Burkitt, Joseph McDowell, Colonel Lenoir, General Eutherford and Mr. Galloway. A motion for ratification had been made, which was the basis of discussion. After several 92 GENERAL JOSEPH GEAHAM. days of debate, Mr. Willie Jones, who was the real leader of the opposition, although he took no part in the de- bate, as a test, moved the "previous question." This prevailed — ayes 183, noes 84. The question on the mo- tion to ratify was not put. Governor Johnston re- marked that simply ordering the previous question de- termined nothing. Mr. Jones replied that "that was the object of the motion to neither ratify nor reject the Constitution. We can get our amendments and then come into the Union when we please." He then offered the following resolution : Resolved, That a Declaration of Rights asserting and securing from encroachment the great principles of religious and civil lib- erty and the unalienahle rights of the people together with amend- ments to the most ambiguous and exceptional parts of the said Con- stitutional Government ought to be laid before Congress and the Convention of the States that shall or may be called for the purpose of amending the said constitution for their consideration previous to the ratification of said constitution on the part of the State of North Carolina- He annexed to this a "Bill of Rights" in twenty sec- tions. Afterwards he offered twenty-six amendments to the Constitution. Judge Iredell offered as a substi- tute for these a motion to ratify the Constitution and a proposal of six amendments. The substitute was re- jected by a vote of 184 to 84. The following resolution was then adopted : Resolved, That it be recommended to the Legislature of this State that ■whenever Congress shall pass a law for collecting an im'post in the States aforesaid, this State enact a law for collecting a simi- lar impost on goods imported into this State and appropriate the money arising therefrom to the use of Congress. The President was directed to notify the other States of the action of this State upon the Constitution. Major GENERAL JOSEPH GRAHAM. 93 Graham supported and voted for all of Mr. Jones' motions. This Convention is generally referred to as rejecting the Constitution, it neither rejected nor ratified it. This Convention authorized and directed the Legis- lature to locate a place for the meetings of the General Assembly and residence for the chief officers of the State. It was composed of five members from each county. It met in the old Church of England house which stood upon the site of the present Presbyterian Church in Hillsborough. 2. The Convention of 1789 which ratified the Consti- tution. He was a member of this Convention also ; which was composed of five members from each county. At the session of the Legislature in 1788 as Senator from Mecklenburg, he had voted for its call. It assembled at Fayetteville November 16, 1789, during the session of the Legislature. He, with many others, had been elected a member of each body. Some amendments were pro- posed to be adopted by Congress before the Constitution was ratified ; but after several days discussion in "com- mittee of the whole" they were rejected by a large ma- jority and the following resolution was adopted: Whekeas, The General Convention whicli met at Philadelphia in pursuance of a recommendation of Congress did recommend to the citizens of the United State, a Constitution or form of government in the following words, viz. (here follows the Constitution). ' Resolved, That this Convention, in behalf of the freemen, citizens and inhabitants of the State of North Carollina, do adopt and ratify the said Constitution and form of government. Ayes 194, Noes 77. Major Graham, like many others who had opposed ratification the year previous, now voted for it. A com- mittee was appointed which proposed eight amendments 94 GENERAL JOSEPH GRAHAM. to the Constitution to be submitted to Congress; they were approved by the Convention. An ordinance was passed allowing the town of Fayetteville a "borough" member of the Legislature. The other borough towns were Edenton, Halifax, Hillsborough, New Bern, Salis- bury and Wilmington. These towns each elected a mem- ber of the House of Commons (Representatives) of the Legislature independent of the counties in which they were located and these elections were legalized by the Convention which adopted the Constitution in 1776. The proceedings of this Convention were filed in the office of the Secretary of State in manuscript. LEGISLATIVE. He was elected a member of the State Senate from Mecklenburg County for the years 1788-'89-'90-'91-'92. These Assemblies had much to do with laying the foun- dation upon which the system of our State Government has been built. He was neither an idle nor an ineffi- cient representative of the people. THE LEGISLATURE OF 1788. It convened at Fayetteville on the 3rd day of Novem- ber. This was the last Senate in which the Senators wore their hats while in session, the President or Speaker being "uncovered" and a member "uncovering" while speaking. There were no standing committees, but Committees on (1) Proposition and Grievances; (2) Claims; (3) What Bills of a Public Nature are necessary to be En- acted; and (4) Public Revenue, were ordered at each session and members of each named. As measures were GENEEAIj JOSEPH GRAHAM. 95 referred to Committees, the motion for a reference named the Committee. The first bill Graham introduced was to confirm title to certain negroes and prevent unjust law suits. It is historical, and is as follows (Chap. 3, Laws of 1788) : Whereas, In the year one thousand seven hundred and eighty- one, sundry of the citizens of this State did enlist in the service of the State of South Carolina, in the brigade commonly called the State troops, comm'anded by brigadier-general Sumter, and several of them agreeable to their enlistment and service did draw negroes, one for each private soldier, and ofllcers in proportion to their rank, which negroes were at that time taken from the disaffected citizens of said State by order of general Sumter, for that purpose; and the general assembly ,of the State of South Carolina did since, to-wit, on the twenty-first day of March, one thousand seven hun- dred and eighty-four, pass an ordinance to indemnify brigadier- general Sumter, and the officers acting under his command during the British invasion, in the second section of which ordinance it is ordained, "that in all cases where any property hath been taken from any person resident in said State, and appropriated to the public use by order of the said brigadier-general Thomas Sumter, such person or persons shall apply for redress to the legislature, and not elsewhere; yet the disaffected citizens of that State, from' whom those negroes were taken, have since instituted sundry suits against the citizens aforesaid of this State, for recovery of said negroes. For remedy whereof, I. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of same, That where any citizen of this State shall have actually served In the aforesaid brigade, and drawn a negro or negroes for said service, if there is or hereafter shall be any suit or suits for said negroes commenced against them, or any of them, or any person or persons claiming by, from or under them, or any of them, on the fact being proved to the satisfaction of the court and jury trying the cause, that such negro or negroes were regularly drawn in consequence of said service, a verdict and judgment shall be given for the defen- dants; any law, usage or custom to the contrary notwithstanding Provided, nevertheless, That nothing herein contained shall be 96 GENERAL JOSEPH GRAHAM. construed to vest the property of any negro or negroes taken by any person or persons of the aforesaid brigade, and not specially delivered to the said troops for their pay in the manner aforesaid for said service. And provided also. That nothing herein contained shall preclude citizens of other States, except those of South Caro- lina, from recovering their negroes, if any may have been taken for the purposes aforesaid, who have not applied to the State of South Carolina agreeable to the directions of the .aforesaid ordi- nance for satisfaction, and received the same." The second bill was to alter the mode of swearing petit jurors in this State — viz. : They had been sworn heretofore on each case they considered. The act pro- vided for swearing them at the beginning for all cases tried at the term. It is in the following words : "Whereas, the present method practised in the courts of law in this State of swearing the petit jury in every cause, in some measure retards the business in said courts and such frequent use of oaths in a great measure destroys their solemnity. "I. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same. That from and after the first day of June next, the clerks of the respective courts of law, shall at the beginning of their courts, swear or cause to affirm such of the petit jury as are of the original panel, well and truly to try all civil causes that shall come before them' according to the evidence given thereon, and if there should not be enough of the original panel, talismen shall take a similar oath or affirmation to try such causes as shall come before them during the day. Provided always, anything herein contained shall not be so construed as to prevent the usual chal- lenges in law to the whole of the jury so sworn, or any of the said jurors, and if by reason of such challenges any juror or jurors shall be withdrawn, his or their place on such jury shall and may be supplied by any of the original venire, or of the by standers; by law qualiiied to serve on any jury within this State, and further, that nothing herein contained shall be construed to alter the present method of swearing petit jurors on State trials, but the same shall continue in the usual form as heretofore practised." GENERAL JOSEPH GKAHAM. 97 He voted for a "new Convention" for the purpose of reconsidering the "new Constitution held out by the Federal Convention as a government for the United States," which was adopted by, Ayes, 30; Noes, 15; seconded Mr. Willie Jones' bill providing the machinery for the election of delegates to the Convention at the State election in August, 1789, and for the assembling of the Convention, but voted against an amendment to hold the election in December, 1788, and to increase the number of delegates for each County from 3 to 5. He opposed the bill establishing the seat of government for the State. Each Legislature fixed the place of meeting for the next, and the Governor and the State officers had no specified place of residence. He favored the bill for cutting a navigable canal from the waters of Pasquotank River, in this State, to Eliza- beth River, in the State of Virginia. This was after- wards done and is now the Chesapeake and Albemarle Canal. He was, during his whole life, an earnest advo- cate of internal improvements by the State. In ceding the territory now embraced in the State of Tennessee, he favored making the Cumberland, instead of the Appa- lachian or Alleghany Mountains the boundary. He favored the amendment "John Sevier excepted"* to the bill granting "pardon and consigning to oblivion the offences and misconduct" of the persons who supported the organization of the State of Franklin, and demanded the ayes and nays upon its passage. The ayes and nays seem to have been taken as the National House of Rep- *Jolm Sevier had organized the State of Franklin In 1785, which emhraced what Is now Tennessee. It continued until 1788. In 1789 the Lesislature granted him amnesty and he was admitted as a mpmber from Washington county. He was afterwards the first Governor of Tennessee. 7 98 GENERAL JOSEPH GRAHAM. resentatives now "divides" with tellers. The name was recorded as the members passed between the tellers without regard to alphabetical or district arrangement. We find among the proceedings: an act for the relief of Sheriffs, allowing them to collect arrears of taxes. This seems to have been re-enacted at every succeeding Legis- lature up to this time and was probably by every pre- ceding Legislature. There was also an act extending the time for registration of deeds. Such acts were passed by every Legislature until 1883, and clouded all titles to real estate in the State. Members who failed to be present at the opening of the Legislature were required to give a satisfactory excuse for their absence or to pay a fine "of five pounds and also twenty shillings for each day absent, the same to be deducted from his compensation." A committee was appointed to report upon the absentees. Claims, when presented to the Legislature, were to be accompanied by an oath that they had not been rejected by the Auditor, Comptroller or any committee of the General Assembly. Every County had a Court of Common Pleas and Quarter Sessions. The Superior Courts were called Dis- trict Courts and were somewhat like the present United States Courts, several counties composing a district and the jurors being distributed by law to the respective counties. Jails, stocks and whipping-posts were at the district court-house and frequently they were the only ones in the district. The Legislature resolved that the United States Government could make no treaties with ^he Indians within its bounds without the consent of the State. The tax on slaves imported, which had been 2^ per cent GENERAL JOSEPH GRAHAM. 99 of value, was, in 1786, raised to 10 per cent. A vessel sailing in October would return from Africa in May with a cargo of slaves. The owners of several v^sels which were absent when the change was made petitioned to be allowed to pay the rate of tax existing when they sailed. The exportation of hides, pieces of hides of black cat- tle, calf skins, beaver, raccoon and fox furs was pro- hibited. There seems to have been usually but one place of elec- tion in a county, and that was located at the court-house. An act was passed to prohibit the importation of slaves into this State from States which emancipated them. In court proceedings prior to this where there were two or more names to a writ or summons the same paper was to be sent to each party without regard to residence. By the act of this session a copy could be sent to each person who was a party in the suit. THE MANUFACTURE OF ARMS IN THE STATE DUR- ING THE REVOLUTION. Mr. Person submitted the following report from the committee on Proposition and Grievances, December 5th: "That the said John Devane and Richard Herring drew from the Treasurer of this State the sum of one thousand pounds to enable them to carry on a gun man- ufactury in the district of Wilmington — that by re- ceipts from proper officers it appears they delivered one hundred muskets with bayonets, three rifles and six smooth guns — that afterwards the said factory with a 100 GENERAL JOSEPH GKAHAM. quantity of gun barrels was destroyed by the Tories and by the accidents of war the vouchers of the applica- tion of the aforesaid money have been lost and the said petitioners prevented from settling for the same. The committee, from these circumstances, are induced to recommend that the said accounts be closed." There were Engrossing but no Enrolling clerks. Seven members were required to form a quorum of any committee unless otherwise specified. At the close of the session all bills approved during its continuance were reported and ratified. JOHN SEVIER AND THE STATE OF FRANKLIN. Section XV of the Declaration of Rights adopted by the Convention which organized the State of North Carolina in December, 1776, named as the western boundary of the State that granted by King Charles II in the charter to the Lords Proprietors, which boundary was the South Sea or Pacific Ocean. The Treaty of Peace with Great Britain in 1783 made the Mississippi River the boundary. The State or Province of North Carolina never exercised any jurisdiction west of the Mississippi River. There was a proviso to section XV, "that it shall not be construed so as to prevent the establishment of one or more governments westward of this State by consent of the Legislature." In June, 1784, the Legislature (Chapter 11, Laws 1784) ceded most of what is now Tennessee to Congress, which was to be with similar grants by other States a common fund for the use and benefit of the confederation or Federal Alliance. GENERAL JOSEPH GRAHAM. 101 Chapter 12, Laws 1784, retained North Carolina's sovereignty and jurisdiction over this territory until Congress should act upon the matter. There were two Legislatures in 1784. One convened at Hillsboro April- June; the other sat at New Bern, October-November. The latter repealed the act of cession of the former (Chapter 16) giving as a reason the conduct of the States of Massachusetts and Connecticut. It is gener- ally stated in histories that Congress declined to accept this territory. This is an error. Section I of the repealing act is as follows : "Whereas, at the last General Assembly began and held at Hills- boro on the nineteenth day of April last an act was passed ceding to the Congress of the United States cer- tain western lands therein described and authorizing the delegates from this State in Congress to execute a deed or deeds for the same, which territory, when ceded, was to be considered as a common fund for the use and benefit of such of the United American States as now are or shall become members of the Confederation or federal alliance; and whereas, the cession so intended was made in full confidence that the whole expense of the Indian expeditions and militia aids to the States of South Carolina and Georgia should pass to account in our quota of the continental expenses incurred in the late war; and also that the other States holding western territory would make similar cessions and that all the States would unanimously grant imposts of five per cent as the common fund for the discharge of the federal debt; and whereas, the States of Massachusetts and Connecticut, after accepting the cession of New 102 GENERAL JOSEPH GRAHAM. York and Virginia, have since put in claims for the whole or a large part of that territory and all the above expected measures for constituting a substantial com- mon fund have been either frustrated or delayed." Section II repeals the act. The people of the territory proposed to be ceded com- plained that the State did not give them protection against the Indians or afford reasonable redress in the courts; as they were in the Morganton district and the courts were held at Morganton. This Legislature (Chapter 28) created the district of Washington, com- posed of the counties embraced in this territory, and or- ganized the militia into a brigade, of which Sevier was placed in command. Expecting Congress to accept the State's offer, a Con- vention was called, which met at Jonesboro, August 23, 1784, which issued an address to the people and ad- jonmed until November; upon meeting then, and learn- ing the action of the Legislature, it adjourned in con- fusion. Another Convention met December 14th, to which, on its assembling, Sevier read a letter from Joseph Martin, who had attended the session of the Legislature, naming the acts passed for their relief; told them that their grievances had been redressed and advised a cessation of all acts to obtain a separation from North Carolina. The Convention, however, formed a constitution, which was to be submitted to a new Convention called to convene November, 1785. In January, 1785, a Legislature met at Greenville, formed a State government, elected Sevier Governor, with a full complement of officers, including judiciary GENERAL JOSEPH GRAHAM. 103 and militia. The State was to be called Franklin, in honor of Dr. Benjamin Franklin. In April Governor Caswell issued a proclamation "against this lawless thirst for power," and threatened punishment if per- sisted in. The Convention which convened on Novem- ber rejected the proposed constitution and adopted that of North Carolina. There were dual governments in all the counties ; courts were held both by the authority of North Carolina and of Franklin and were disturbed or broken up by opposing factions; the militia was en- rolled in the same manner. This state of affairs contin- ued to exist until September, 1787, when the Legislature of Franklin convened for the last time; it authorized the election of two members to the Legislature of North Carolina. The counties in Franklin had elected mem- bers to every session of the North Carolina Legislature. Colonel John Tipton was commander of militia in this territory by virtue of North Carolina authority. He led the opponents of the followers of Sevier and Franklin and had frequent encounters with those acting under their authority. In 1787 Judge Spencer, at Jones- boro, issued a "bench warrant" against Sevier for high treason. In October Cols. Tipton, Love and others ar- rested him and brought him to Morganton. While on parole to secure bail, he, by aid of his sons, escaped from custody. The State had passed acts of amnesty "to pardon and consign to oblivion" all acts in regard to the Franklin movement in 1786 (Chapter 23) and again in 1787 (Chapter 27). By the act of 1788 (Chapter 4) the offenders were required to take the oath of allegiance before the Judge of the Wash- 104 GENERAL JOSEPH GRAHAM. ington district or some county court of that district within three mouths from its ratification. By a pro- viso, amnesty was excluded from acts committed after that time. General Lenoir, when the bill was on its passage in the Senate, offered an amendment exclud- ing Sevier from its benefits in the words "John Sevier excepted" ; this was defeated, ayes 19, noes 24. Wheeler states this amendment was adopted, but he is in error. In 1789 Sevier was elected Senator from the county of Washington and served as such, taking the oath of office November 7th of that year. This Legislature re- pealed the proviso as to "pardon and oblivion," but it had no reference to Sevier. He was elected to Congress from the Tennessee district in 1790. This year North Carolina ceded Tennessee to the United States. It was admitted as a State in 1796. Sevier was its first Gov- ernor, and was re-elected twelve times. He was twice elected a member of the House of Representatives from a Tennessee district. He was a gallant officer of the Revolutionary War, and was one of the heroes of Kings Mountain. He was also very active and efficient in suppressing depredations of the Indians in the moun- tain country. Richardson, in his Messages and Papers of the Presidents, says the proposed State of Franklin embraced what is now fifteen counties in Virginia, six in West Virginia, one-third of Kentucky, one-half of Tennessee, two-thirds of Alabama and one-fourth Of Georgia. North Carolina had no jurisdiction except over the portion proposed to be taken from its territory. GENERAL JOSEPH GRAHAM. 105 LEJGISLATURE OF 1789. Convened at Fayettewlle, November 2, 1789. The "rules" forbade wearing hats while in session, and the last rule was changed to read, "When the House adjourns no member shall walk out before the Speaker." General Graham introduced a bill for processioning lands, which was referred to Special Committee, amend- ed and enacted. On November 16th the Legislature adjourned six days (thrice for two days) to allow the Convention to convene and transact its business. The Convention met at Payetteville and adopted the Constitution of the United States. General Graham introduced a bill to provide a manner of choosing Senators, which was enacted, and was a "teller" of the first election of United States Senators. A Committee of Finance wasi authorized this session. He was assigned to it and placed on the sub-Committee to examine the Treasurer's accounts and the business of revenue ; also on due bills received by the late Treasurer and public debtors. He opposed the bill paying domestic debts at the rate of four shillings per pound, and reducing the outstand- ing paper money, and entered for himself and others the following protest against its enactment — viz. : "Dissentient: 1st. Because this State has or will obtain a credit for the full sum with the United States, for most of the vouchers on which the said certificates werei issued to our own citi- zens, for which by the aforesaid act they are only to receive four shillings in the p,ound. "2nd. Because it is a violation of the public faith, that would prevent us from having the confidence of our citizens, if ever it should again be required for the public welfare, therefore must be as impolitic as it is unjust. 106 GENERAL JOSEPH GRAHAM. "3dly. Because it is expressly contrary to the tenth section of the first article of the Constitution of the United States — viz.. That no State shall pass laws imtiairing the obligations of contracts — and our certificate debt is at least a public contract. It is also contrary to the example held out by the sixth article of the said constitution, viz. That all debts contracted, and engagements en- tered into previous to the adoption of said constitution, should be equally binding as they were under the confederation, and that so unjust a measure is unprecedented by any of the States. "4th. Because the certificate given to the oflBcers and soldiers of the late North Carolina line are included in the act, and make the greater part of the certificates in circulation^ and it may be remembered that it was optional with them at the end of the war, whether they settled with this State or with Congress, who would have paid them, the full sum. "5tb. Because this widows and orphans of many active citizens who furnished supplies; perhaips the greatest part of tlheir proi>erty, and who have died in their country's service, are now deprived of four-fifths of their just rights. "6th. Because it gives the advantage to the disaffected and in- active part of our citizens in the late contest, who neither fur- nished supplies nor performed services to procure certificates and therefore ought to pay their quota of the domestic debt, as they enjoy equai advantages, and vice versa, takes from our active citi- zens what tbey have furnished and served over their proportion in the war. "7th. Because the greater part of the certificates are in the possession of the original holders, anid not in the hands of specu- lators, which Is offered for the specious pretext for adopting this measure; or if they were, let it be remem'bered that the specula- tors, if they are the object, have purchased therm for one shilling and six pence, and two shillings In the pound, whereby they are gainers one hundred per cent, but it is a fact well known that the speculators have disposed of and are realizing their certificates in land, and that the ofBce was shut before a majority of the citizens could embrace the same opportunity, who of consequence retained them, confiding in the honesty and justice of the State. Richard Clinton, J. Graham, Henry Hnx, John Nesbit, J. B. Ashe, Charles McDCwell, James Galloway. Geo. H. Bergee, GENEEAL JOSEPH GRAHAM. 107 General Graham voted against recognizing John Se- vier as Brigadier of Militia of Washington District (Tennessee). The University was established by this Legislature, and he was elected a member of the first Board of Trustees. Hon. Eichard Caswell, who was the first Governor of the State, was a member of the Senate this year and its presiding officer. He died November 9, 1789. .We find that General Graham introduced a bill to equalize the land tax. This question to this day has never been satisfactorily settled. Inspection of tobacco was authorized at Clarksville, Tenn. A bill was enacted allowing additional compensation to the Solicitor for the Mero Distrd'ct "for travelling through the wilderness." Mero included what is now Davidson County, Tennessee. The amendments proposed by the Convention of the State to the United States Constitution were ratified. The usury law was printed among the acts each ses- sion, and the Judges were directed to call attention to it in their charges to the grand jury in every county. The County Courts were authorized to appoint patrols, generally called "patrollers," in the different Captains^ beats in their counties. They patrolled their boundaries and punished or arrested any slaves found absent from their masters' premises without written per- mission. In connection with this organization originated the well-known negro song, "before the war," "Run, nigger, run. The pat-er-roller '11 ketch you." 108 GENERAL JOSEPH GRAHAM. This Legislature elected the first members to the United States Congress from this State. MANUFACTURE OF PAPER IN NORTH CAROLINA. By an act of the Legislature Gotlieb Shober was loaned three hundred pounds without interest for three years to assist him in erecting mills for the manufact- ure of paper. In 1791 the Governor submitted to the Legislature Mr. Shober's petition for an extension of one year to the time of the loan, stating that the mills had been erected at Salem and that the cost had been so great that he could not conveniently pay the loan at the stated time. A ream of paper made at the mills accompanied the petition. The request for extension was granted, and when it became due in 1793 an act was passed permitting Mr. Shober to settle in six annual payments of fifty pounds each. Judge Francis X. Mar- tin published by subscription in 1792 what purported to be a collection of the laws of England still extant in this State. Shober appears as a subscriber for twelve copies, many times the largest on the list. The subscription was doubtless paid in paper and the ma- terial on which the book was printed is a sample of the first paper made in the State. LEGISLATURE OF 1790. Met at Fayetteville, November 1, 1790. General Graham was chairman of the Committees on Finance and Engrossed Bills, and was member of the Committees on Proposition and Grievances, Land Pat- ents, to Amend Court System, and Apportion Congres- sional Districts. He introduced a bill to amend the law GENERAL JOSEPH GEAHAM. 109 (against the passage of which he had protested last ses- sion ) to settle the domestic debt, etc. He favored the bill to include the Senators and mem- bers of United States House of Representatives among those debarred from holding official positions under the State ; also the bill to cut the Albemarle and Chesapeake Canal. This bill was opposed by some upon the ground that it would give Norfolk trade which should be re- served for North Carolina towns. On his motion the Treasurer and Comptroller were re- quired to submit each session during the first week to the General Assembly a list of those persons who were indebted to the State, the same to be referred to the Com- mittee on Privileges and Election. All such persons were debarred from holding seats in the Legislature. He opposed the bill to carry into effect the ordinance of the Convention of 1788 to establish a State Capital. The bill was rejected on second reading by the Speaker's vote — Ayes, 24; nays, 24. He opposed a bill, which was rejected, "to prevent the handing around petitions for the emancipation of slaves." He favored the bill to equalize the land tax, also the bill to have a correct map of the State prepared. On his motion the acts of Congress were ordered printed by the State for the Governor, Judges, Attorney-General, Treas- urer and one copy for each county, to be kept by the Clerk of the Court. Also the following resolutions from the House were, on his motion, referred to a committee and amended: 110 GENERAL JOSEPH GRAHAM. Whereas, Wten tlie General Assembly of the State of N. C. in its session! of the year 1789 did nominate and appoint Samuel Johnston and Benj. Hawkins, Esquires, to represent the saidl State in the Sen- ate of the United States every expectation that had confidence in their integrity: opinion of) their abilities: or certainty of their indus- try in discharging the trust reposed with them was entertained. With regret do we add that our constituents and ourselves too sensibly experience the evils arising from a want of an exertion in them' which if duly made could not have failed of being highly beneficial to this State, and might have rendered a government adopted under many doubts and with some difficulty better adapted to the dispositions of freemen. Resolved 1. That the Senators representing this State In the Congress of the U. S. be, and are, hereby directed to use their con- stant and unremitting exertions until they effect having the doors of the Senate of the XJ. S. kept open, that the public may have ac- cess to hear the debates of the Senate when in its Judicial or Leg- islative capacity. 2. That when in Congress they be directed to correspond regu- larly and constantly with the Legislature, but during the recess thereof with the Executive. 3. That they have such of the journals as are not of a secret nature printed and transmit the same to the Executive at least once a month during each session of Congress. 4. That the Senators of this State use their utmost endeavors to effect economy in; the expenditure of the public moneys, and to decrease the monstrous salaries given the public officers and others, who however much they may be deserving of the public gratitude or liberality for the eminence of present or past services ought only to be compensated agreeable to public economy, not enriched with the bounty ,of regal splendor. 5. That they strenuously oppose every excise and taxation law, should any be attempted in Congress. Amended by deleding the preamble and substituting "Whereas, the secrecy of the Senate of the United States, the alarming measures of the late session of Congress, and the silence observed by the Senators from this State in not corresponding with the Legislaiture or E3xecutive thereof, strongly impress the General Assembly with the necessity of declaring their sentiments thereon." And add an additional resolution for another mail route via Hali- fax, Hillsboro, Salisbury and Charlotte. GENERAL JOSEPH GEAHAM. Ill This mail route was established, but did not go by Charlotte. It turned at Salisbury via Seattle's Ford, Vesuvius and Lincolnton to Spartanburg, S. C. LEGISLATURE OF 1791. The Legislature convened at New Bern, December 5, 1791. General Graham was apiwinted on the Commit- tee on Propositions and Grievances, Finance, Committee to Adjust Unliquidated Claims Against the State, on Engrossed Bills and Bills of a Public Nature. The du- ties of the Committee on Finance are prescribed in a resolution. He introduced the bills to divide this State into Con- gressional Districts agreeable to the Census of 1790; also the bill "fixing compensation or fixing permanent salary of Governor and other officers and appointing the wages of the members of the General Assembly and of their Clerks and door-keepers." He supported the bill to allow Justices of the Peace who held the County Courts compensation ; also the bill to regulate the descent of all real estate, to do away with entails, to make provision for widows and to prevent frauds in the execution of wills. He opposed the bill to pay owners of slaves executed by order of Court, two-thirds value. Prior to 1786 this was law. He was a member of the committee to prepare a bill as to manner of appointing Presidential Electors. He opposed the bill establishing place of meeting of General Assembly and, residence of chief officers of the State, which was adopted — ayes, 27; noes, 24 — and joined in the following protest — viz. : Dissentient : 112 GENERAL JOSEPH GRAHAM. Because permanence can not be insured to a measure carried by so inconsiderable a majority — a measure by wMcIl the interests of our constituents are materially injured — by wliich the public good is sacrificed to local combinations and personal influence — and against which as men, to answer the trust delegated to us, we solemnly protest: Because although it may be inconvenient and inconsistent with the dignity of this State, that its government should continue to be ambulatory, yet in the determination neither economy or policy are consulted — the interest of the most valuable part of the State sacrificed (perhaps from jealousy of its importance) by the tyranny of an accidental and most trifling m'aj,ority. Because the precedent of deciding on carrying into effect measures attended with such infinite expense tO' the country, under the faction of an accidental vote which may be reversed at a day not far distant, is pregnant with the most fatal mischiefs, and will in future as it does on the present occasion, encourage an intrigue in our counsels, and abandon the command of the treasury and the control of the properties of the people to the efljorts of design, and to the machinations of an interested party. Joseph Dickson, Joseph Geaham, J. R. Gautiee, Davh) Caldwell, Joseph "Winston, Joseph McDowell, And Fourteen Others. He supported a bill to permit passage of fish up New River, in Onslow County. He was on the Committee to Apportion the State into Congressional Districts; also on the Committee to Re- port on the Effect of the Operation of the United States Excise Law in this State, and to instruct our Senators as to the same. He opposed the division of Dobbs County into Greene and Lenoir counties, and joined in the following pro- test — ^viz. : Dissentient : 1. Because the extent of territory does not call for or authorize a division. GENERAL JOSEPH GRAHAM. 113 2. Because it increases a representation already complained of, on account of its weigiit and inequality. 3. Because we conceive it unjust to divide any county upon the principles and allegations set forth in this petition, upon v?hich this division was claimed, and are of opinion, that it is the first time that ever a legislature rewarded any set of men for disorderly behavior, disrespect to the laws and the government of the State, outrageous rioting and breach of the peace. b. Because we conceive this division was effected by the undue influence of a junto, to answer local purposes without paying re- spect to those general principles which ought to govern the de- cisions of all legislatures who are appointed to rule a people whose rights are equal, whose objects are justice and the protection of liberty. 5. Because the petitioners for this division, prayed it as the only remedy to get themselves released from the tyrannical juris- diction of a numtier of men, some of which number are said to be in places of power and trust, and to pay no respect to justice, laws, or morality; yet after this division has been obtained, those persons complained against, are reinstated in their commissions without a dissenting voice from the representation of the county, which induces us to believe that the allegations made use of, were only ostentatious pretences to cover motives too unjust and im- politic to be mentioned. J. DlCKSOJT, G. Edwaeds, Thomas Tyson, J. Graham, J. R. Gautiee, T. Wade, J. TuENEB, J. McDowell. He favored the following resolution, which was adopted — ayes, 37 ; noes, 8 : Resolved — That it is the opinion of the General Assembly that the Senar tors from this State in the Senate of the United States are bound by instructions of the Legislature of this State in all cases whatever when such instructions are not repugnant to the Con- stitution of the United States. This doctrine was held by the Democratic party in North Carolina. The Whig party, with which General 114 GENERAL JOSEPH GRAHAM. Graham acted from its formation until his death, held the contrary view — viz. : That when a person was elected to an official position he was supposed to have better facilities for determining his course of action on questions which arose in the discharge of his duties than the people generally who had little opportunity to ex- amine the question, and the representative was not bound to follow the will of the elective power, or instruc- tions from them ; that it was no excuse for wrong-doing that his constituents instructed him to thus cast his vote. The Whigs having a majority in the Legislature of 1838, and desiring the United States Senators, who were Democrats, to vote for the repeal of the resolution expunging the resolution censuring the President ( Gen- eral Jackson) for removing the deposits from the United States Bank, resolved, in substance, that the Senators would by so doing express the will of majority of their constituents. The Senators replied that they recognized the right of the Legislature to instruct them ; that this was not a resolution of instruction, but they would re- sign, to take effect after the election in 1840. The .Whigs carried the Legislature in 1840, and Willie P. Mangum was elected, vice Bedford Brown, and W. A. Graham, vice Judge Eobert Strange. General Graham supported the bill to establish a General Court of Review (Supreme Court), but there were only thirteen votes for the measure to thirty-six against ; also the bill quieting ancient titles and limiting the claims of the State (Statute of Limitations). When elections were held sick members were waited on at their rooms and their ballots taken. GENERAL JOSEPH GRAHAM. 115 This Legislature formulated the new oath for State and County ofiflcers. Buncombe County was formed out of Rutherford and Burke Counties. It comprised all of the State west of the Blue Eidge Mountains. A bill to elect Congressmen on a general ballot, as Presidential Electors are now elected, was defeated. Also one defining sufficient fences. The Governor of Virginia offered assistance from his State if the State would open the Roanoke River to navi- gation. Chapter 9, 1791, to regulate the practice of physic in this State : I. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That every person practising as a physician or surgeon, shall de- liver his account or bill of particulars to all and every patient in plain English words, or as nearly so as the articles will admit; all aud every one of which accounts shall be liable, whenever the patient, his ,or her executors or administrators, shall require, to be taxed by the court and jury of the court of pleas and quarter- sessions of the county where the party com'plaining resides, calling to their aid and assistance such testimony as they may think proper. Chap. 3. District courts had a specified number of jurymen from each county in the district. The courts continued thirteen work days. The judges at the pre- vious court made a calendar of the days of the term of the succeeding court upon which the business from each county would be transacted and the clerks published the calendar. Chapter 11 is the first statute against bigamy. Chapter 12. Stealing a horse is punishable with death, without benefit of clergy. 116 GENERAL JOSEPH GRAHAM. LEGISLATURE OF 1792. Met at New Bern, 15th November. The course of passage of a bill through the Legisla- ture had formerly been that as it passed a reading in one House it was sent to the other, and when it had passed there it was returned, and so on until it had passed three readings in each House. If either House rejected it on any reading, no notice of its action was sent to the other House. A resolution was adopted this session to notify the other House of any measure rejected on any reading. On Graham's motion, a Committee on Finance was ap- pointed to consist of members from each House, and they were directed to inquire into the net amount of the reve- nues of the State ; also into the state of the Treasury and the application of the moneys in the same at the last set- tlement and those since collected ; also that they inquire and report all delinquencies! and how far the different resolutions of the last General Assembly respecting de- linquents have been carried into effect by the Treasurer and what success he had in collecting the arrears due to the State from persons resident in the western ceded ter- ritory. He served on Committees on Claims, Bills of Public Nature, Presidential Electors. The State was entitled to twelve electors — that is (as now ) , one for each member of the House of Representa- tives and one for each Senator. It was divided into twelve districts and an elector was elected for each dis- trict, the voters in each district voting only for their elector. In 1811 the law was changed so that the Legis- lature elected all the electors. This act caused the an- GENERAL JOSEPH GRAHAM. 117 nexed letter of General Graham to Governor Hawkins, in 1812 : Lincoln County, 13 July, 1812. Deab Sm: — A number of citizens of Lincoln County and of ad- joining counties intended to| liave forwarded petitions toi your Excel- lency similar to that sent by our sister county, Mecklenburg, solici- ting you to call tlie Gemeral Assembly before the annual meeting'; time enougih to lay off the State into districts for Electors to YOte for President and Vice-President of the United States and repeal the present law vesting that power in the Legislature. Being informed that you have appointed your council to meet on the four- teenth inst., and supposing if such petitions are forwarded here- after you might think It inexpedient again to call them ; I would beg leave to suggest to your Excellency the policy of submitting to your Council, when convened, the propriety of calling the Legislature for the purpose aforesaid; as it can be no additional expense to the State, for they may continlue their session the usual time and adjourn so much the sooner. After the many able discussions the subject underwent in the public prints, by grand juries and others, it would be unnecessary to use arguments to show the unconstitu- tionality and impropriety of the act aforesaid. It is enough that your Excellency and the honorable Council has sufficient evidence to con- vince you that a majority of the counties are much dissatisfied with the aforesaid act; and that sound policy recommends at the present juncture that every real cause of com,plaint ought to be removed; as the proper method to inspire confidence in the constituted authority at the present eventful crisis. For while I believe the people will be unanimous in support of their government against foreign aggression, they will have but poor consolation if they think their liberties endangered by internal regu- lations and find themselves divested of powers and consequence in the government, which they have been heretofore accustomed to exercise and enjoy, and which they flatter themselves they hold under the Constitution by as secure a tenure as their other rights. It would be desirable that the people should know previous to the election whether it is probable that the Assembly will be called or not; for if they expect the law to be acted upon, no doubt they will require a test of candidate, that they will vote for such Electors as will support a particular interest; on the other hand, if the people are to elect Electors, then no doubt they will select for the 118 GENERAL JOSEPH GEAHAM. Legislature men im whom they liaive coinfidence for their talents and integrity, regardless of their opinions relative to Electors. I am, with due respect. Your Excellency's most obt. and humble servant, To Gov. Havpiqns. Jos. Grattam. In 1815 the law was changed to the present system of electing all the electors for the State on one ballot, and every voter in the State entitled to vote for every elector to which the State is entitled in the Electoral College. The electors for 1792 were elected by the Legislature. The following are some resolutions adopted on national affairs by this General Assembly : Resolved, That the Senators representing this State in the Congress of the United States are hereby instructed to use their unremitted exertions until they effect having the doors of the Senate of the United States kept open that the people may have access to hear the debates of the Senate v/hen in its legislative and judicial capaci- ties. Resolved, That secrecy in legislation is the first step to subvert the liberties and destroy the happiness of the people; that it is not sufliicient that the people should only know measures when effected, but that they should know the men and means whereby they were effected. Resolved, That the right of instructing public ser- vants is inseparable from the right of electing them. Resolved, That the Senators of this State in Congress use their utmost exertions to have that part of the Im- post Law repealed which obliges the article of salt to be landed at a port of entry alone. Resolved, That they endeavor to have the District Courts of the United States organized in such manner agreeable to the resolution of the last General Assembly GENERAL JOSEPH GEAHAM. 119 that each Court may be held separate and distinct from the other at each of the towns of New Bern, Wilmington and Edenton. At this time the Marshals seem to have made writs re- turnable to either Court at their pleasure without refer- ence tO' the residence of the persons affected. Resolved, That the Senators from this State be and they are hereby directed and instructed and the repre- , sentatives from this State in Congress are hereby re- quested to understand it as the sense and to be the opinion of this Assembly that the paper currency of this State should not be drawn out of circulation by permit- ting it to be subscribed into the funds of the United States. The financial question of supplying the people with a sufficient quantity of money or medium of exchange seems to be coeval with the history of the country. The Committee on Public Bills was directed to formu- late instructions necessary to be given Senators in the United States Congress, and to report such encroach- ments and innovations as they conceived the Congress of the United States to have made upon the Federal Consti- tution, and what taxation they find has been laid by the Federal Government and the grievances which the citizens of this State have experienced or are liable to experience in consequence of such a tax. An act was introduced for the inspection of prisons and jails and looking to the comfort of the inmates thereof. One was enacted to give the Trustees of religious so- cieties the right to hold property and providing for its devolution. 120 GENERAL JOSEPH GRAHAM. The German Presbyterian Church on Second Creek, Rowan County was authorized to institute a lottery to raise funds to build a meeting-house to replace one which had been burned. The Quakers petitioned the Legislature for the eman- cipation of all slaves. The following is an extract from Governor Martin's acceptance of election as United States Senator: Witi diffidence I accept the important trust, Icnowing the tender ground on wliich I am to walk, and though I should fail in the pub- lic expectations, yet my conduct shall rest on the candour of the Legislature with this assurance, that while my endeavors shall be exerted in promoting the general good of the nation the indi- viduality and internal sovereignty of the State shall be my prin- cipal care to preserve inviolate. General Graham favored a bill regulating divorces in the State, which was defeated. The bill to divide Mecklenburg County and form Cabarrus passed second reading only by the Speaker's vote, and failed to pass third reading by vote of ayes, 24 ; nays, 29. He opposed this bill on every reading. He favored the establishment of a Supreme Court, but the bill was rejected — ayes, 15 ; nays, 35. He served on a committee "to burn such money as is unfit for circulation." He introduced the bill to appor- tion the jurors to serve in Court at Salisbury to the dif- ferent counties composing the district. On December 28th the bill to divide Mecklenburg County was reconsidered, and the line of division changed. It was enacted, he favoring it. There was a protest against its passage in the House. The motion "to lay on the table the motion to reconsider" seems to GENERAL JOSEPH GRAHAM. 121 have been unknown. The rejection of the bill was con- sidered as finally disposing of it. General Eufus Barringer, of the Confederate army, who was reared in the Dutch portion of Cabarrus County, is authority for the statement that the cause for the move for division of the county was that in the militia musters the Scotch-Irish Avould jeer the Germans on their pronunciation in giving the commands — e. g., "wightweel" for right wheel, etc., etc., which irritated them very much. Those favoring division in 1792 procured the aid of Hon. Stephen Cabarrus, of Chowan, Speaker of the House, and a most influential member. They named the county for him. Up to 1861 all citizens in the State between the ages of 18 and 45 years were enrolled in militia companies by captain's "beats," and were required "to turn out" seve- ral times each year for Company, Battalion and Brigade Muster. When Gen. Graham attended the sessions of the Leg- islature in Fayetteville, he usually carried his tobacco there to market, as it was one of the best markets in the State. The tobacco was packed tightly in a hogshead, which was carefully headed so as to keep dry. Around the hogshead were placed several large poles like fellies to a wagon wheel, shafts were attached to the heads, and a horse being hitched the hogshead rolled on the ground. Streams were forded without injury to the tobacco. When the market was reached, the horse and tobacco were sold. If there was a ship in port awaiting a load, the price was good ; when there was no ship present, the date of the next arrival being uncertain, prices were low. 122 GENERAL JOSEPH GRAHAM. Speculators bought the farmers' tobacco at their own pricing, and sold it at a great profit when a ship came. To prevent this the Legislature authorized County Courts to establish tobacco warehouses in their respective counties. The tobacco was delivered, receipt taken for it and the to- bacco held to await the coming of a ship. These receipts were negotiable and frequently passed in business trans- actions as a receipt for grain in an elevator now does in Chicago and other cities in the West. The law provided severe penalties against frauds in the issuing or hand- ling of these receipts. This law was enacted by the first Legislature of the State and still remains upon the statute books. The taxes of the General Government were payable in specie. There was but little of it at that time in the State. Agents were appointed in specified markets to buy tobacco with State money. This tobacco was ship- ped abroad, sold for specie and the State obtained the funds to settle its taxes with the United States. Nearly all travelling from this section was on horse- back. On arrival at Fayetteville the horse would be put to board with some farmer until the Legislature should adjourn or it was sold and another piurchased when needed for the return journey. Laws were frequently limited in duration, as is still done by the English Parliament, the ratifying clause stating the length of time they should exist. A law was passed prohibiting the bringing of any slave from a State in which slaves were emancipated into this State and requiring the offender to give a bond of |1,000 for the return of the negro to the State whence he came and f500 penalty for each month he GENERAL JOSEPH GRAHAM. 123 delayed his return. This law remained upon our statute books until 1865. A negro over fifty years of age could be liberated for specially meritorious services to his owner and be allowed to remain in the State. The petitioners for the liberation of others were required to give bond for their removal from the State within six months after their liberation. There was no Supreme Court in those days, but there was an appeal from the County to the Superior or Dis- trict Courts. Grist mills were prohibited from being established nearer than two miles of each other. There was no place of residence for the government and State officers. The Governor resided at home, unless hisi presence was spe- cially required elsewhere. He usually attended the ses- sions of the Legislature. The Comptroller and Treas- urer kept their official documents at Hillsborough. They attended the sessions of the General Assembly, carrying such documents asi might be required for inspection and a sufficiency of funds to pay the expenses of the session and such claims as might arise therefrom. Chapter 25, Laws of 1802, enacted that the Governor should reside in Raleigh during his term of office. I annex as part of Graham's legislative record : 1. A plan for a Militaiy Academy for the State, which he submitted to the Legislature in 1802. Congress passed the act to establish a Military Academy at West Point, March 16, 1802, but it had not been organized. 2. A letter he wrote in 1808 to Gen. W. E. Davie, then a member of the United States Congress from South 124 GENEEAL JOSEPH GRAHAM. Carolina, relating to the organization of the United States army. He was a candidate for a seat in the House of Repre- sentatives in the United States Congress in 1813 in op- position to Hon. Peter Forney, and in 1823 against Major Henry W. Connor. He failed of election in each contest. 1. PlAN FOE A MrLITABY ACADEMY IN NOETH CAEOLINA. On the 4th day of Sept., 1802, a respectable number of the Militia Officers from the different Counties in the District of Morgan, to- gether with a number of citizens from different parts of said Dis- trict in the time of the Superior Court met in Committee in Mor- ganton at the house of James Mclntlre for the purpose of inves- tigating what plan should be recommended to the ensuing General Assembly for the better disciplining the Militia of this State: Brigadier-General James Miller was unanimously appointed chairman. On miotlon a digest of a plan to establish a Military Academy was read by Major Graham. On motion of Col. J. Moore, seconded by Capt. L. Henderson, Resolved that it is expedient to establish a Military Academy in the State of N. C. Unanimously agreed to. On motion ,of Col. D. McKisick, seconded by Mr. Davenport, Re- solved that the Plan of a Military Academy proposed by Major Graham be recommended to the attention of the General Assembly. On motion. Resolved that Major Graham be requested to transmit the proposed Plan of a Military Academy enclosed and sealed up, to the Speaker of either House of the next General Assembly. Jas. MiLiiEE, Chairman. To the Honorable the General Assembly ,of the State of North Carolina, the following observations are respectfully submitted by their most obedient, humble Servant, Joseph Graham. Among the writers on government however they may differ on other subjects, in this they agree: that nO' nation is secure with- out an efficient military force to protect it and their opinions on this subject are divided into the following, viz. EHther a Stand- GENERAL JOSEPH GRAHAM. 125 ing Army or a well regulated Militia. This subject underwent an investigation during the time of the American War and since that time a majority of the Federal and State Legislatures have been in favor of the latter proposition viz. a well regulated militia which appears to be best suited to our Republican form' of govern- ment. If convulsion should take place, which history informs us such governments are liable to, that side which regular troops might take would most likely be preponderate and in all probability establish despotism. The late General Washington in his farewell address to the Army; in his speeches at opening each session of Congress while he was President, earnestly recommended some efiBcient plan to be adopted for the disciplining of the Militia of the United States. President Adams was also equally importunate and our present President in his speech at the last opening of Congress urges "that they shall not separate until everything is done for putting the militia in perfect order that can be done were an enemy at our door." Notwithstanding these earnest recommendations, for twenty years past, of those whom we esteem our wisest men and have enjoyed our confidence in the highest degree it may be asked what has been done towards carrying those recommendations into effect? Have the plans adopted effected the purpose? Are the officers generally capable of instructing their men in military duties that are essential to be known in time of service? At the present time are the militia progressing in military knowledge or is it probable under the existing system they will ever acquire such a knowledge of their duty as it would be safe to trust the defense of the country to them against an intelligent enemy? To discharge the duties of a Field Officer in active ser- vice, it is the opinion of the undersigned, requires as much pre- vious study as well as practice, as is usually taken to fit them for any of the learned professions. Were any of us going to take a trip across the Atlantic, would we choose to go in a vessel navigated by landsmen who were un- acquainted with navigation and the art of sailing? Would we consider it safe to trust ourselves, our families, or property, to the power of the wind and the waves, under the direc- tion of such ignorant commanders? If they proposed to give us free passage would we accept it? Or would we not rather pay 126 GENERAL JOSEPH GEAHAM. double to persons skilled in the art of sailing, and in whose judg- ment and knowledge we could place entire Gonfidence? Practically considered, as well might w© expect a person who had never been taught the art of doing it, to form a clock, or other piece of mechanism, as an oflBcer of middle grade to dis- charge bis duty Without being instructed. The military art calls for profound study; its theory is immense, and the details infinite. Those who have been longest in service and most assiduous in their application, acknowledge they hare yet to learn. Is it possible then, that officers of the militia can obtain a competent knowledge of these things, according to the present opportunities of instruction, in the short space of time their usual avocations will permit them to devote to their ac- quisition? A nation that keeps a standing army has the advantage of per- petuating a knowledge of the military art, (and yet in aid of this they deem it necessary to support military schools of instruction for their officers) ; but, in a country like our own, where but a handful of regular troops is kept, and they placed in small de- tachments on an extensive frontier of 2000 miles, and the instruc- tion of the militia so much neglected, whatever knowledge re- mains obtained by the war, will in a short tim'e be lost. Surely, as matters stand, there is the greatest necessity for adopting some plan that would place our militia on a footing nearer equal to the troops of other nations than they are at present. If an enemy should invade our country with an army of regulars, would it be policy; would it be consistent with humanity to face them with an equal number of our militia, as at present trained? Though I know there were not braver troops engaged in the American war, on either side, than the militia of that part of North Carolina where I was acquainted, yet I often had to lament a want of skill in officers and men, which generally gave the superior discipline of the enemy the preponderance, when the num'bers engaged on each side exceeded five hundred, clearly de- monstrating, that blind valour, without acting in concert by some fixed principle, could effect nothing; and as the numbers on each side increased, the advantage of the enemy was the greater, when the chance otherwise was equal. In order that our militia may be qualified to act a proper part in whatever the future destinies of the State might require, I would propose that a suitable number of officers formed of our GENERAL JOSEPH GRAHAM. 127 own native materials, and selected from our own bosoms, who enjoy the confidence of the people, and are equally distributed among them, be instructed as hereinafter proposed: and without attempting to anticipate all the evils that would arise from' our present situation, or giving a detail of the defects in the existing system, and the attempts that have been made to reform them, or their uniform want of success, will respectfully submit the follow- ing Plan of a Military Academy. Plan. 1. That the Governor for the tim'e being, and the General OflBcers of the Militia, be perpetual Trustees of the Academy; that they will visit it from time to time, and assist in directing auch arrange- ments as will best promote the purposes thereby intended, and they be authorized to contract with and employ, either In the United States or Europe, a person suitably qualified to carry into effect the following plan of instruction and superintendence for the Academy; and that that person be allowed such pay and rank as will procure one of respectability in his profession. 2. That the justices of the peace, and commissioned ofiBcers of the militia in each regiment, who may be present at the court that will be held in their county, after the first day of July in each year (due notice thereof being given) proceed to elect, by ballot, a young man, between the age of sixteen and twenty-five years, of a robust constitution, promising genius and good character, who can write a good hand, and com'pose tolerably well, understands arithmetic and geography, and who resides and will probably con- tinue to reside, within the bounds of said regiment. 3. That on a return being made of the persons elected in each regiment, the first time, to the General of Division, they shall divide them by lot into four classes, as nearly as may be. The first class to commence on the first day of January following the election; the second class on the first day of April, and the others in rotation, to commence quarterly. Each class to attend one year, from the time of their commencem'ent, except such time as may be appointed for vacation. 4. That such provision be made by law for their support and emolument, as will indemnify them while in service, and such as "Will, together with the prospect of future promotion, induce young men of the first respectability to offer at the election. 5. That every young man who shall serve with reputation one 128 GENERAL JOSEPH GRAHAM. year, and have teen instructed in the different branches taught in said Academy, shall have a certificate thereof, signed by the Presi- dent or Instructor, and receive a Brevet from the Governor, and a Sword and full suit of Regimentals, at the expense of the State; and on returning hom'e to his regiment, he shall be considered as Adjutant thereof, until he receives a commission, of higher grade. And when more than one such person is educated for each bat- talion, on the days of regimental or battalion musters, the Field Officers will appoint them such duties as will render the most assistance in exercising and manoeuvring the regiment or bat- talion; and in two years after the commencement of the institu- tion, it shall be understood that the General Officers are limited to persons thus instructed, in the appiointment of their Aids, Brigade- Majors or Inspectors, and generally, all appointments in the Staff Department. 6. It is proposed, before every regimental or battalion muster, that the officers, non-commissioned officers and musicians, be com- pelled to attend and be instructed by the Adjutant, such time as will be thought proper. There are in North Carolina sixty counties, in each of which is one regiment; and about twenty counties have two, making in the whole about eighty regiments, which divided into four classes, will make twenty to each class, or thereabouts. Plan of Instruction, first class. It is proposed to teach this Class the Manual Exercise (for which purpose, muskets and bayonets ought to be provided),' the keeping of their arms and accoutrements in proper order, the firings, facing, marching, wheeling, and whatever may be performed by a single platoon; the duty of sentinels on guard, the duty of guards in mode of relieving, the manner of going and receiving the rounds, the duty of patrols, and generally, whatever may relate to the duties lOf the private soldier, non-commissioned officers and musicians, forms of company returns when in service, whether for provisions, arms, clothing, pay, or descriptive lists. As so much depends on accurate knowledge of the Platoon Exer- cise, and the duty of n,on-commissioned officers and soldiers, it is thought the first three months will be tim'e short enough to learn these duties. And let it also be remembered, that in an army of 20,000 men, the accuracy with which they change their positions, depends on the precision of the movement of each single platoon. GENERAL JOSEPH GRAHAM. 129 and to have experienced and active non-commissioned officers, is esteemed the soul of an army. It is unnecessary to use arguments to show that an officer whatever his grade may be, ought to know the duty of each subordinate officer, and of the common soldier. SECOND CLASS. When this class assemibles, the first class will, in addition to the duties, of alternately instructing them what they have been taught learn majiceuvring by Regiment or Battalion, not only the evolu- tions in Stueben's Military Guide, but also some of those in the British System which were not wisely laid aside*. And explana- tions given how they are applied when in actual service: forms of encampment and all such other duties as are performed by a single regiment, either in camp, in garrison, or in the field: forms of Court Martials, and their proceedings; style and manner of dis- tributing the orders; likewise forms of returns made by the Ad- jutant, and returns and accounts which m'ay be in the Pay Master, Quartermaster, Commissary or Hospital Department.f And while in this class each person should be provided with a well-bound book, in order to take down in form, all such returns and accounts and such other matter as are hereinafter mentioned. THBRD CLASS. This class is to assist in instructing the first and second, and themselves to learn a system of Cavalry Discipline, such as that *Thie refers to when a line is advancing and a thick wood presents Itself in front through which you can not well pass In the line ; " By the right of platoons or divisions advancing by file" you can pass it with more facility and when through by facing to the left and wheeling to the right can again form the line. After facing about, the retreat is performed In the same manner. The only objection to this manoeuvre is, when filed off, you are exposed to the attacli of calvary ; but it is performed in service only in such places as where cavalry cannot act. Barnn Btueben published his Military Guide shortly after his arrival in America before he had a personal knowledge of the country. It is probable had he revised or published a second edition of his work, he would have inserted this with other evolutions. tit cannot be forgotten that the State of N orth Carolina In the settlement of her accounts with the tjnited States, for want of preserving suitable vouchers, and a proper system of keeping accounts in the different departments lost more than would defray the expense of the proposed Institution for twenty years. t General Davie's system is certainly calculated to give the greatest possible- effect to cavalry in an open country where there are large plains and no woods. But In this country, the face of whicli is covered with underbrush and woods, and often confined by swamps, fences, hills, rivers, etc., it would sometimes be difli- cult to find ground in some distance where some of the evolutions could be per- formed : his flank marches and changing front by threes inst«ad of fours (as formerly practiced), renders it more inconvenient, increasing or reducing the front according to local difficulties, or taking up the line of march from parade without first forming the single line and telling off a-new, which in service, on spur of the occasion. It would often happen that time would not admit. 130 GENERAL JOSEPH GRAHAM. published by General Davie* and sanctioned by the Legislature, or that practiced by Colonels Washington and Lee, as less com'plex and better adapted to real service in a country which abounds in woods; or perhaps some plaji might be devised from them both: the duties of a Partisan who commands legionary corps composed of cavalry and infantry; of ambuscades and secret marches and stratagems usually practiced to surprise an enemy; of reconnoit- ring and drawing plans of a country supposed to be the seat of war, and inferences drawn showing the advantage you can have by having such plans in anticipating the enemies movements and regulating your own; of retreating] in order in the presence of a ■superior enemy; drawing plans of the smaller kinds of intrench- ments in the field and the manner of fortifying Churches, mills, farms, fords and diflacult passes, with the way of defending them. And after these demonstrations are gone through facing about and finding the most practical and best method of attacking and carrying them if in possession of an enemy. rOtTRTH CLASS. This class is to learn the Artillery Exercise, the use of cannon, carronades, howitz, mortars, etc. and generally (as far as time will permit) the duty of Engineers, and everything learned by the second and third Classes, on a larger scale: such as fortifying and defending: villages, cities, encampments of large armies, and the manner of conducting sieges, choice of positions and science of posts. And at this stage of the Institution once in three months when the weather suits, for the purpose of instructing them in the duties of the field; the students ought to march out about a fort- night or three weeks through the country, thirty or forty miles distant; which would afford an opportunity of pointing out every advantageous position and what disposition ought to be made were am, enemy met in any situation; or if they were found at a ford or other strong position waiting for you by what method you could most easily pass or dislodge them. The use of this kind of exer- cise will appear obvious. When afterwards traveling by himself, a student can not pass an advantageous position without examining it minutely; and at any place by a glance of the eye, or coup d'oeil (as the French call it) is enabled to judge of the best disposition that could be made of his party in every possible situation. That a suitable number of Military Books be provided at the expense of the State and that such arrangem'ents be made of the GENEEAI. JOSEPH GRAHAM. 131 time of the students so that a paxt be taken up in reading, -writing and drawing and the other in exercise and recreation. When the Institution is fully in operation it is proposed that the students be divided into small companies and that those in the fourth class act as officers in rotation; which will not only habituate them to teach but save the expense of employing other instructors. The most exact subordination to be lObserved and good morals be in- culcated and enforced. All kinds of gaming to be prohibited ex- cept such athletic exercises as tend to invigorate the constitution and for obvious reasons the game of chess; but even these to be admitted as pastime and not with a view of gain. That such regulations be established as will prevent Duelling and render the proposers, aiders and abettors thereof disgraceful; and that a Court of Honor be composed out of the third and fourth classes for the adjustment of all differences, such as proposed by Mr. Paley for the Army. In order to pay a due regard to economy and prevent the students from acquiring habits of luxury and effem'inancy so destructive to the military character, it is proposed that rations be provided and regularly issued; that for the first and second classes a cook be allowed for every four; and that the third and fourth classes be allowed subalterns rations and a cook be allowed for every two. No slave or person of color to be admitted as cook or waiter in the Institution*; but free men enlisted for the purpose, which by in- creasing the number when manoeuvring will enable the instructor with more ease to demonstrate the more extended operations of an army. Also if the proposed Penitentiary Law should pass would it not be policy to have them in the vicinity of it in order to do such actual military duty as might be needed? That no student be permitted to board in the neighborhood or fare otherwise than according to the rules of the Institution, while in health. As the persons instructed are expected to command free citizens, who have not been habituated to subordination (so essentially necessary to give energy and effect to military operations) that they be instructed on first being invested with command of new troops to precede with the greatest delicacy and prudence, giving no orders but what every intelligent soldier will see the necessity of and when they give them, to do it In a firm, decided yet unos- *Lest you educate a Touasaint L'Overture. 132 GENERAL JOSEPH GRAHAM. tentatious manner and see that they are promptly executed; and in case of disobedience to punish the delinquent In such way as prudence will suggest and authority justify; whatever complaints may be made on such occasions such conduct tends to promote the service and will meet the support and approbation, of a large ma- jority who are well disposed and attached to order. That they be instructed to pay the most profound respect and exact obedience to the Civil authorities and that to he orderly members of civil society and humane to a vanquished enemy are reputed the concomitants of true honor and genuine bravery. That if ever they are engaged in war they endeavor to carry it on with as much lenity as is consistent with the state of hostility and agreeable to the rules which humanity formed and the example the most civilized nations recommend: that all kinds of cruelty or ill treatment of prisoners, or citizens or waste of property that has no tendency to weaken the resisting force is to be avoided as ungentlemanly and fix an indelible stain on the arms of the troops guilty of such conduct. Some Objections Anticipated. It may be observed that since the peace in 1783 our political horizon has been so clear, not the least prospect of war in any quarter with the United States; why then should we be at the trouble and expense of establishing such an Institution; however advantageous it might be at another tim'e at present our circum- stances do not appear to require it. It is admitted that at no period since the Revolution were our prospects ,of peace so bright, but the greatest man our country has produced has told us: "that a time of peace is the time to prepare for war"; then surely it is more necessary to qualify a suitable number of scientific officers to command us than to store up naval materials, fix arsenals and provide other military stores. If this plan should be adopted the benefits resulting from it would not place us in a position to encounter difficulties sooner than eight or ten years from the time of its commencement and until a respect- able number of those instructed should be promoted to the grade of field officers and some generals; as it is presumed they will be after they leave the Academy. If their conduct appears to merit it they will generally be appointed in case of vacancy, and when there are six or eight to a regiment of persons so instructed, if called into service, of a few weeks, they will transform the whole GENERAL JOSEPH GRAHAM. 133 militia into a formidable and tolerably regular army, when com- manded by such, officers; and notwithstanding the fair prospects at "present, before ten years hence we may be involved In the most perilous situation. War is often produced by the most trifling incidents and arises from causes which no political sagacity can foresee. Of this his- tory furnishes many examples. We have now enjoyed peace for twenty years; that it should continue so long again we can scarcely expect. I believe that for the last century no nation in Europe has enjoyed peace for forty years at one time. What reason have we then to flatter ourselves that we shall always con- tinue in our present happy condition and make no preparation to meet adverse fortune? On the article of expense let us compare the advantages resulting from the measure with the danger of neglect- ing it. I should not be charged with exaggerating to suppose that before twenty years hence the lives of ourselves, of ,our children, the security of our property, nay perhaps even our political exis- tence as a free people might depend upon the military knowledge of those who would command us in the field. Shall we then toll to acquire property? Shall we expend considerable sums every year in forming salutary laws to regulate this property and protect our persons? Shall we be so anxious to preserve our excellent consti- tutions and the greatest privileges ever enjoyed by a nation; and are we to hold this and everything dear to us on so^ precarious a tenure as the protection afforded by our militia as at present trained? Surely any reasonable expense would bear no proportion to the probable advantage in case of war. In private life we find It is necessary to expend part of our property to render the other part valuable to us. What „ would we think of a farmer who would manure his land, work it well In the proper season and pay no attention to his fences, but suffer them to rot and his crop to be destroyed because it w.ould take some money to employ some per- son to make rails enough to make a good fence? Would we say he acted prudently or wisely In saving his money or that he was a good economist? In a national view, the parallel will apply with equal force. Whatever may be your decision on these propositions the under- signed Is not a cent gainer or loser mtore than the rest of his fellow- ' citizens; but finding those, whose business it Is, neglecting to bring 134 GENERAL JOSEPH GRAHAM. forward anything that will remedy our defects in discipline; and being impressed with the necessity of som.ething being done, and solicitous that our government be preserved to the latest ages in its present happy form; and anxious that if ever his country should be engaged in war, the lives of his fellow citizens and the cause of his country should not fall a sacrifice to the ignorance of those who should command them, he has deemed it a duty respectfully to offer his thoughts on this subject. I am. Gentlemen, "With the highest respect and esteem. Your most obedient, humble Servant, Joseph Gbaham. Vesuvius Furnace, August 25, 1802. The Legislature took the following action on the me- morial : Resolved That the thanks of this General Assembly be presented to Joseph Graham, Esq., of Lincoln County for his plan of a Mili- tary Academy submitted to the consideration of this Legislature, and that the address be printed, ten copies for each County in the State to be delivered with the Laws and Journals to the Clerks of the several County Courts and by him' to the commandants of the several regiments, to be at their disposal. 2. To Generai, W. R. Davie, M. C. Vesuvius B^irnace, Dec. 19, 1808. Dear Genl: — ' On taking a review of the organization of our regular army I apprehend it is on. a plan more expensive than needful. I observe there is one regiment of Riflemen and one ditto of Cavalry. I know of nothing that can justify such an appointment and expense except it is expected by the administration to send them to such distant points westwardly or southwardly as it would be too far for the Militia. If any actual service is expected the number of Regulars is so small there is no doubt the Militia would be called on; then sir put the question to yourself what kind of troops do you get You know you have as many Cavalry already equpt at their ovTn expense as would be a sufBcient proportion to any army of Infantry you would want and when you call for footmen from the Militia take the Southern States throughout I think you will GENERAL JOSEPH GRAHAM. 135 find the arms half rifles, and men who have been habituated to use them since their infancy and furthermore the Militia generally prefer service in the Cavalry or Rifles to that of the Line. I know it is a matter certain whenever either are wanted for actual service in the old United States enough can he had from volunteers from the Militia. After the war commenced in the south-land we had no Riflemen who were Regulars and I appeiil to your knowledge of those times if we had not always a sufficient proportion of them yea the misfortune was we frequently had scarcely any other and as to Cavalry when the Militia was properly equipt, mounted and officered I could point out places where they acquitted themselves equal to Regulars. I have been with them when equal numbers of Tarleton's men fled before them. The discipline actually necessary to be known in service for Cavalry or Riflemem is so simple it may be acquired in a short time. That the United States should have somie intelligent officers for each I grant may be proper; but to keep on the establishment a whole regiment of each I think inconsistent with true economy. Regiments of Musquet and Bayonette men and a suitable propor- tion ,of Artillery are the kind of troops we want; it is a work of time to form these from the Militia even if you had arms enough to put into their hands; until they were some tim'e in service under regular officers they never did acquit themselves well on a large scale with those tools to the southward but generally acted well as Cavalry and Riflemen. After I was wounded in the Par- thian fight opposing Lord Comwallis entering Charlotte in Sep- tember 1780 I was moved by a wagon out of the way of the enemy into Guilford County. I stopped aJl night near Mocks Tavern with the late Genl. Morgan on the eve of his going to the southward with about 300 regulars; interrogating me as to the position of Charlotte, the roads leading from it, the principal farms, mills, etc. etc. he inquired if we had many good Riflemen; mentioned his name was Morgan and supposed I had heard of his commanding Riflem'en in the northern army which had been very troublesome to the enemy; but says he "my Riflemen would have been of little service if we had not always had a line of Musquet and Bayonette men to supjKvrt us, it is this that gives them confidence. They know if the enemy charges them they have a place to retreat to and are not beat clear off." How well this doctrine of the General was verified you who were present are the best judge. Though the General might not be as scientific an officer as others he certainly 136 GENERAL JOSEPH GRAHAM. understood the duties of the field (fighting I mean) nearly as well as any of them. In the disposition General Greene made of his army at the actions of Guilford, Eutaw and other places, where he had a large proportion of Militia Riflemen he adopted the same principle that Genl. Morgan communicated to me and you observe thereby he escaped the errors and disasters of his predecessor to the southward who had formed his calculations on the Militia act- ing equal to Regulars when they were equipt in the same manner. I assure you sir I have not made these remarks out of an itch for scribbling but from a solemn conviction that they are well founded. If any additions should be attempted to our standing army and you coincide with me in opinion you are at liberty to make what use you please of this letter. As a looker on I may sometimes discover things which m'ight escape the attention of those who are con- stantly employed in the public service; in which case I will con- sider it a duty and take the liberty to communicate it at any time you have leisure. A line on the times will be acceptable to. Your sincere friend, J. Geaham. 5. MANUFACTURE OF IRON IN LINCOLN COUNTY. AS MANUFACTURER OP IRON IN LINCOLN COUNTY. In 1789 what is now known as the Big Ore Bank was "granted" by the State to Peter Forney, Abram Forney, Abram Earhardt and Turner Abernathy. Peter Forney purchased the interest of the others in the property. In 1791 Alexander Brevard, John Davidson and Joseph Graham purchased from Forney an interest in this prop- erty. Brevard and Graham were sons-in-law of David- son. Captain Brevard was the son of John Brevard, a prominent Whig, who lived near Centre Presbyterian church, now Iredell County, N. C. He and his seven brothers, viz : Doctor Ephraim, John, Hugh, Adam, Robert, Benjamin and Joseph, were sol- 'i ^'J' 1^ •k:] «fe GENERAL JOSEPH GRAHAM. 137 diers in the American Army. On account of this the British burned his dwelling and all other buildings on his premises February 1, 1781. He entered the army as cadet and was promoted to lieutenant and captain; served in the North Carolina line during the entire war, participated in the battles of White Plains, Trenton, Princeton, Brandywine, Stony Point, Monmouth and Germantown in the North with Washington, and was en- gaged at Stono, Camden, Eutaw, Ninety-Six, and other ■engagements in the South under General Greene. Cap- tain Brevard's descendants have been prominent in all sections of the Union in which they have resided, espec- ially in North and South Carolina, Georgia, Florida and Alabama. His brother. Dr. Ephraim Brevard, prepared the Mecklenburg Declaration which was adopted at Charlotte May 20, 1775. He was one of the most learned men in his section, and served in the American army as surgeon. The Iron Company built Vesuvius Furnace and after- wards Mt. Tirzah Forge. General Graham built a resi- dence at Vesuvius and moved his family from Mecklen- burg to Lincoln County. Captain Brevard built at Mt. Tirzah and brought his family from Iredell County. January 1st, 1795, Brevard, Davidson and Graham, under the style of Joseph Graham & Co., purchased Forney's interest in the Vesuvius and Mt. Tirzah prop- erties. General Forney erected a forge near his resi- dence, Mt. Welcome, and bought other lands, and about 1809 erected Madison (Derr) Furnace on Leeper's Creek about five miles from Lincolnton. He retained a half interest in the iron beds. In 1804 Davidson retired from the copartnership and its name was changed to 138 GENERAL JOSEPH GRAHAM. Alexander Brevard & Co. In 1788 the State enacted a law granting three thousand acres of land as a bounty to encourage the manufacture of iron. The law pro- vided that upon application to the County Court by any one desiring to enter such land a jury should be ap- pointed to view the lands proposed to be appropriated and report that they were not fit for cultivation and if the applicant produced to the Court in three years evi- dence that he had made five thousand pounds of iron the surveyor was ordered to survey the same and issue a grant to the applicant. These "bounty lands" were exempted from taxation for ten years. Under this act, in 1795, they entered three thousand acres extending from where Machpelah Church now stands beyond Alexis, on the Seaboard Air Line Railroad. Captain Brevard and General Graham continued their copartner- ship until 1814, when they dissolved. Brevard built Rehoboth (Reinhardt) Furnace and Forge; Graham built Spring Hill Forge which was located on Leeper's Creek, where the Camps now reside, six miles from Lin- colnton. The iron manufacture was very remunerative, and he accumulated a good estate from it. Nearly every ob- ligation incurred in connection with it was made pay- able in some product of the forge or furnace — so many pounds for cutting a cord of wood or burning a load of charcoal, hauling wood into the pit, for labor in the works, or in any way connected therewith, hauling pro- duct to market, etc., etc. This condition of things made iron the basis of agreement between persons not con- nected with the iron works in many of their transac- tions, as almost any article could be turned into iron by" GENERAL JOSEPH GRAHAM. 139 trading with the proprietors or laborers at the works. These works supplied the country to the west with cook- ing utensils and all other iron goods, also to the east as far as Hillsborough and divided the trade to Fayette- ville with the Pennsylvania product brought by water. With the South Carolina manufacturers it supplied Camden, Cheraw, etc., until met by northern goods im- ported through Charleston. When crops were "laid by" and between gathering and planting time, teams would haul the goods to different points, as Salisbury, Hills- borough, Greensboro, Wadesboro, Camden, Cheraw, etc., where they were deposited with agents (generally merchants) , who would sell them and account for sales when called upon. Greneral Graham's son, John D., haided castings to Fayetteville and exchanged them for cypress shingles to cover his dwelling. The western merchant generally came to the works with his wagons laden with the products of his section, such as cloth, woolen or flax or tow, leather, hides, dried beef hams, cheese, etc., etc., which he exchanged for iron goods. Sometimes these wagons would have to wait several days for their load, as there would be some ahead of them and each would be served in turn. A large pas- ture was usually reserved to accommodate the teams of those who were thus detained. These works supplied the United States Government with cannon balls and perhaps other products during the war of 1812-'14:. These were hauled to the Catawba River and shipped by flat-boat to Charleston. The product of the furnace was usually cast into some vessel or article. Each day before sunset the "blast" was stopped and the molten metal dipped by ladles and poured into the moulds 140 GENERAL JOSEPH GEAHAM. which had been prepared. The mould of the pot was the most difficult to prepare. An efficient moulder was generally denominated a potter. On Sunday, and some- times during the week if the ore melted faster than was needed for castings, the contents were put into pig-iron, so-called because in the bed of sand which was prepared for it there was formed a long piece (the sow) to which many perpendicular pieces (the pigs), two and a half feet long, were attached. When sufficiently cold the pigs were broken from the sow and the sow into pieces about the same length as a pig. The forge made wrought-iron as distinguished from the pigs and cast- ings of the furnace, such as wagon-tire, crow-bars, horse shoes, plows, chain-iron, mattocks, etc. The blacksmith took the plow mould and made the plows called bull- tongues, straight shovels, and twisters or turning shovels. In the early years the forge manufactured the pig into wrought-iron, but about 1840 a process was introduced to make the wrought-iron direct from the ore. The forge required no Sunday work, the fire could be made and extinguished each day. The furnace, when fire was once lighted, usually continued in "blast" at least six months ; stopping for any length of time caused a "chill" which it was impossible to reduce to a molten state and rendered a complete cleaning out and new hearth necessary. It had to be fed "Sunday as well as Monday." The "cupola" was really a small furnace in which pig metal was molted to be cast into utensils, ma- chinery, etc. The fire and contents could be removed and replenished daily. It, as well as the forge, was fre- quently in "blast" when the furnace was "out." Lime GENERAL JOSEPH GRAHAM. 141 was required as a "flux" to assist in smelting the iron- ore. In General Graham's time this was hauled from King's Mountain, nearly forty miles. Two years after his death lime was discovered about one mile west of the iron bed and four from the works. It is remarkable that as the Lincoln County iron beds were a continua- tion of those of King's Mountain, it never occurred to the owners to examine for limestone in their vicinity. Between the iron and the limestone there is a vein of "hearth" rock, so called from its being used for hearths in the furnaces and forges. It is a sand rock containing much micaceous slate. This rock can be easily ground and with an admixture of clay would make a fire-brick of superior quality. General Graham continued the manufacture of iron until 1834, when he transferred the business to his sons, John Davidson and Alfred. Alfred had removed to Tennessee near his brothers, Joseph and Dr. George Franklin, who resided in the vicinity of Memphis. He contracted cold on his return trip to North Carolina, and died soon after reaching Vesuvius. John declined to accept the property, as it was of much greater value than one child's share of his father's estate, unless the other children would receive the excess due them in the products of the furnace and forge. He applied to the family arrangement the method by which the business had been conducted with the public. This being settled, General. Graham removed to a new house he had built about a mile down the creek from Vesuvius on what was then known as the Earhardt place, where the writer now resides. The house was burned in 1894, but a new 142 GENERAL JOSEPH GRAHAM. building was erected on the site. John D. Graham, in 1842, transferred Spring Hill Forge to his son, Charlea C, who operated it until 1848, when he sold to Hammerschold, from Sweden, whose family conducted the business until 1862, when they sold it to Staton, then a refugee from Edgecombe County. The forge was washed away in 1868 and the land is now owned by the children of the late L. S. Camp. He transferred Vesuvius Furnace, in 1846, to his sons, Joseph Montrose and James Franklin. They conveyed it, in 1849, to Charles C. Graham and Bphraim Bre- vard. Brevard purchased Graham's interest. He died in 1854, and bequeathed the property to his nephews, Alexander F. and Ephraim J. Brevard. In 1861 they sold it to the late J. Madison Smith, whose son, Frank- lin, now owns the property and resides upon it. THE LINCOLN COUNTY IRON V70RKS APART FROM GENERAL GRAHAM. Captain Brevard operated Mount Tirzah Forge and Rehoboth Furnace until his death in 1829. He be- queathed Mount Tirzah to his son, Eobert A., who oper- ated it until about 1870, being assisted sometimes by his sons, Alexander F. and Ephraim J. It was washed away in 1880, and a flouring and saw mill occupied its site until 1902, when the dam was torn out. Rehoboth was bequeathed to his son, Ephraim, who operated it until 1852, when he purchased Vesuvius and moved there. He sold Rehoboth to parties who sold to F. M. Eeinhardt and Bartlett Shipp, and it is generally known as the Reinhardt Furnace. About 1873 it was purchased by John Leonard & Co., of New York, who GENERAL JOSEPH GRAHAM. 143 operated it for several years. It is now owned by J. E. Reinhardt. General Forney bequeathed Mount Welcome Forge and Madison Furnace to his son-in-law, Dr. William Johnston, who, together with his children, conducted them until 1860, when Jonas Derr purchased the fur- nace and operated it until 1878. His estate now owns it. The forge was sold to J. D. M. Bolinger. It was washed away about 1868, and the Mariposa Cotton Mills, Captain Joseph Graham Morrison, proprietor, now occupy its site. About 1804 the Fullenwiders "entered" the land now known as the Fullenwider, or Brevard, bank, just north of the Big Ore Bank, and erected a forge on Maiden Creek, about one mile from the present town of Maiden. They conveyed the property to Mr. John A. Hayes. Col- onel Ephraim Brevard purchased from him and at his death, in 1854, bequeathed it to his nephews, Alexander F. and Ephraim J. The forge was operated by proprie- tor or lessee until 1880. The Providence Cotton Mill now (1902) occupies its site. Turner Abernathy received a grant for the most northern iron bed of the Lincoln system, now known as the Abernathy bank. He built Mount Carmel Forge on Mountain Creek in Catawba County. He sold the property to Isaac E. Paine. The forge was operated until 1868, when it was washed away. In 1849, Colonel Ephraim Brevard built "Rough and Ready" Forge on Mountain Creek. He sold it to J. Madison Smith. It was operated until 1868, when it was washed away in the great freshet in April. 144 GENERAL JOSEPH GRAHAM. During tlie Confederate War, J. Madison Smith erected Stonewall Furnace on Anderson's Creek. It was operated until 1876, and the property now belongs to his estate. During the Confederate War Alexander Goodson, in copartnership with some of his neighbors, built a forge on Leeper's Creek. They bought ore from the owners of the iron beds. The forge was operated until about 1867, but has long since gone to decay. This account has no direct connection with Joseph Graham. It will preserve, however, the history of the Lincoln County Iron Works during an important period of the State's history. 6. WAR OF i8i2-'r4. JOSEPH GRAHAM. He served several terms as Brigadier General and also as Major General of the State Militia, and main- tained his connection with the military department of the State for a long time. In those days the Major and Brigadier Generals and the field officers of the regi- ments (Colonel, Lieutenant Colonel and Major) of the militia of the State were elected by the Legislature, the term of ofl&ce being three years. This was afterwards changed and the field officers were elected by the com- pany officers and the generals by the regimental and company officers. Afterwards the election of all officers was given to the rank and file. The Captain's "beat" or district included the territory in which the men of his company resided. Its boundaries were determined GENEEAL JOSEPH GEAHAM. 145 by a court-martial selected from the commissioned of- ficers of the regiment to which the company belonged. The regimental boundaries generally comprised a county, but where there was more than one regiment in a county the boundaries were determined by a majority of the commissioned officers composing the regiments in said county. The boundaries of brigades and divisions were determined by the Legislature. All persons liable to duty (from 18 to 45 years of age) residing in the Cap- tain's beat were enrolled by him. They were required to "turn out" for muster at least twice each year. Each regiment or battalion at least once each year. Each brigade once in two years. Each division once in three years. All violations of military rules and regula- tions were adjudicated by a court-martial composed of officers selected from the command then on muster — whether company or regiment. Its findings had all the force of law attending a decision of a Justice of the Peace or a Judge, and were executed by Constable or Sheriii with the same faithfulness. The Captain's -'beat" or district was the unit of organization in the State, as the township has been since 1868. In January, 1814, President Madison called upon the Governors of North and South Carolina each for a regi- ment of troops to sierve six months to reinforce General Andrew Jackson in his war with the Creek Indians in Alabama Territory, also upon the Governor of North Carolina to suggest a General for appointment to com- mand the brigade formed of these two regiments. The North Carolina regiment was taken from the counties 10 146 GENERAL JOSEPH GRAHAM. of Iredell, Captain George Lee Davidson; Iredell, Cap- tain Thomas Crawford; Mecklenburg, Captain Eobert Hood; ;l]Mecklenburg, Captain John Garretson; Ran- dolph, Captain Joshua Craven; Lincoln, Captain Ed- ward Lee Gingles; Lincoln, Captain John McLane; Rowan, Captain John Frost; Rowan, Captain Jacob Krider; Wilkes, Captain James Martin; Surry, Captain William P. Waugh, cavalry. It was known as the "Seventh Regiment of North Carolina Militia in service of United States." A company was drafted from each reg- iment, ten men being taken from each company. Pieces of paper were placed in a hat or box, all being blank except the number of papers corresponding to the num- ber of men required. These papers were marked in some way. The men, as their names were called, drew the papers ; those who drew the marked slips were required to go into service. The company officers required were assigned or detailed by the colonels of the different regi- ments. The field officers were selected by the Governor. Most of the troops were from the command of Brigadier i t>> >iQo .-O f^ ^ *-< t3 d ri lU 00 ■Sals' 2 a; c3 as o. £ S °' «s 2 > sag a BO .'-' O ^ ^ ^ o .°.2 o* ■ ^aft» " a s s mvh as ot>2 150 GENERAL JOSEPH GKAHAM. The command did not reach the seat of war until after the battle of Horse Shoe, which victory compelled the submission of the Indians. It was detained at Salis- bury after organization more than a month by the failure of the United States War Department to earlier provide funds for its equipment and support. It re- ceived the surrender of several hundred Indians, and was used to garrison forts thought necessary to keep the Indians in subjection. Some detachment of this com- mand were in skiiMiishes, but there was no engagement in which the whole participated. General Graham had frequent "talks" with some of the Indian chiefs looking to their submission and peace. It not being certain that troops would not be needed when the six months of these expired, in September, in July a draft was made for men to supply their places. General Graham's son, James, who had the month be- fore graduated at Chapel Hill, was among the number "taken" from the Vesuvius company of militia. These, however, were not sent to the front. The regiment re- turned to North Carolina and was "mustered out" the latter part of August. Many valuable papers referring to this expedition were burned in my house in 1894, the loss of which forces me to abbreviate an account of it. It will be noted that this command is placed under the command of Col- onel John Graham by Mrs. Spencer in her First Steps of North Carolina History, also that Major Moore, in his School History, has Joseph Graham's name correct, but is in error as to his rank and command, assigning him as Colonel only of the North Carolina regiment. I have obtained from the archives of the office of the- N'X <^'^ n? \ i I'^m:- \' "' ' " -^ ^ ^. TNI' „. T. J.:^ ■NT*; ,>- '?'■. ■•- n - !«/•■■- 1 \ IL-#^D 1^1 ^x ■ -%|i fc^' ^^ / y \'i^ % K^ ^^ ^^ J? J^^Jl A , I <#, l<^X > ?^ i/^' >,. -* °% '■■■ > ^ /■ /- / r > ^^ GENERAL JOSEPH GRAHAM. 151 Governor at Raleigh, N. C, the following papers re- lating to this campaign : 1. Acceptance of the office of Brigadier General of the militia. Lincoln County, N. C, 6 Feby., 1814. Sns: — The last General AssemiMy having appointed me to com- mand tlie Militia of the tenth Brigade in this State in pursuance of the act of the Assemibly in such cases, I notify your Excellency that I accept of the said appointment. If any additional requisition besides the regiment now ordered to Georgia or in any other service the militia from the western part ,of the State may be called out so as to require an officer of higher grade than comtaanding the present detachment I shall be highly gratified to be sent there. I suppose your Excellency is acquainted that the Militia have always been tenacious of being under the command of the officer of their own regiment, brigade or division. During the Revolutionary War it was deemed policy to indulge them in their choice as far as practicable and I suppose will be found so again. As I have not the honor of a personal acquaintance with you, if an occasion offers requiring a brigade from the West, I would refer you to Col. Wm. Polk or any other gentleman who has been in the army with me relative to the propriety of my being called into ser- vice in such case. I am &c with due respects Your Excellency's most obedient servant To Gov. Hawkins. J. Geaham. This letter from General Graham passed "en route" the following one from the Governor to him. The Gov- ernor, after asking Mr. Henderson to write to General Graham, as stated elsewhere wrote him from his home in Granville County as follows: GBANvniE, 10th Feb., 1814. Sie: — I am requested by Maj.-Genl. Thos. Pinckney to furnish the Brigadier General to command the troops of the Carolinas recently 152 GENERAL JOSEPH GRAHAM. ordered against the hostile Oreek Indians. As Brigadier General Davidson is of the Detachment he of course has been designated to command. I have in my instructions requested the General in the event of his being unable from indisposition or ajny other cause to take command to inform me of it by express to Raleigh as soon as practicable to the end that another selection may be made. Having resolved to offer the command to you in case Genl. David- son declines serving I have deemed it proper to apprise you of it this early in order that you may have sufficient time to determine whether you v?ill accept or not. I am; very respectfully Sir Your Obedient servant To Genl. Graham. William Havtkins. 2. General Davidson having declined, the Governor sent a commission to General Graham by "express," which in those days meant by a special messenger. In accepting the commission, General Graham sent the fol- lowing letter: Lincoln County, 27th Feby., 1814. Sir: — Last evening your favor by express was received with the enclosures tendering the command to me of the detached Militia of the Carolinas. I will inform your Excellency that I cheerfully accept it not without some diffidence. I did expect the brigade would only compose a part of the force destined against the Indians, and that Genl. Pinckney or some other would have commanded the whole but find it intimated in his letter that the command will probably be vested in the officer from this State. My best exertions will be used to meet the expectations of your Excellency and my country; but it may be that what is called "the fate of war" or other causes might produce disappointments; yet you may be assured that whatever the fate may be I shall act with upright intentions and am in hopes that the high honor your Excellency has done me may be found not to be misplaced. I have my uniform on the way making it of such material as can be pro- cured in this part of the State. I am sorry to say I can not have it agreeable to the standard required. It will be a week or ten days from this date before I can start to Fort Hawkins. I learn GENERAL JOSEPH GRAHAM. 153 Col. Pearson will probably march torn'orrow and think I can be In Georgia about the same time of his arrival. The notice being so short and everything to provide, it is really out of my power to go at an earlier day. Not having any person in view really qualified to discharge the duties of Brigade Major from your Bixcellency's and General Cam- eron's recommendations of Capt. William McCauley I have written to him on the subject and I presum'e from the expectations he has had of appointment that he is ready at any time to come on. I am with sentiment of respect Your Excellency's most obedient and humble servant, To Gov. Hawkins. J. Graham. 3. Governor Hawkins sent the following letter in re- ply to this communication: Executive Office, N. C, Raleigh, 8 March, 1814. Snt: — Yours of the 27th ult. I have had the pleasure to receive. The acceptance on your part of the command of the Brigade of the two Carolinas ordered against the hostile Creek Indians is a circum- stance I do assure you to me as is highly gratifying as it was to learn from gentlemen direct from Salisbury that the troops from this State were not only pleased but considered themselves as for- tunate in having you as their commander. Capt. William McCauley in conformity with your appointment has been commissioned your Brigade Major. I deem it unnecessary to swell this letter with instructions. So soon as your staff and yourself are in readiness to do so; you will repair to your Brigade at Port Hawkins, Ga. I must ask you to communicate to me the important occurrences of the campaign and beg you to accept an assurance of the great confidence and esteem with which I have the honor to be Sir, Yours obediently. To Gen. J. Graham. William Hawkins. 154 GENERAL JOSEPH GRAHAM. Papers relating to War of 1812-'14 : 1. To Maj. Genl. Pinckney. Port Lawbence, April 6tli, 1814. Dear Genl.: — On the 2nd Inst, we passed the Oomulgee, marched 9 miles to a creek, the wagons furnished by the Qr. Mas- ter are several of them Incompetent, stalled, &c. the men were with out provisions until after 9 o'clock on the 3d when the wagons arrived. Marched about 12 o'clock, appearance of rain in the evening, en- camped about 12 miles from this place, a number of men newly taken with the measles. On the 4th it rained incessantly great part of the day; consider- ing the state of health of the detachment, did not march. On the 5th marched at 8 o'clock, arrived at the agency at one. Flint River high with rains of preceeding day, had to wait for fixing .oars to flat; the troops passed and wagons, (all but 4; this m'orning), at a late hour in the night. Am about to march now 8 o'clock. I & Lieut, leave the detach- ment for the frontier, expect to arrive at Fort Perry to night & each day following from post to post, expect Col. Pearson, if the weather be favorable, will proceed faster, as the Teams are lighter & no water courses In the way. In pursuance of the ,order of the day: I have ordertd 1 Lieut. 1 Sergt. 1 Corpl. & 30 men to relieve Lieut. Cohen; men chiefly bad with the measles & suppose the detachment will be obliged to leave some more who are unable to proceed. I have the honor to be With the Greatest Respect Your Excellency's most Obdt. Humble Servt., Joseph Geaham, His ESxcellency Genl. Pinckney. Brigadier Oenl. 2. General Graham sent Governor Hawkins the fol- lowing account of occurrences: April 26, 1814. Camp near confluence of Coosa and Talapoosa, head of Alabam'a; 170 miles nearly north of Pensacola, same distance east of Fort Stoddard, 260 miles nearly west of Natchez, 280 miles fjr*«»i ^^'.r. :^^ r ■*• ^ ^ x^ ^ ^-^ }.. Ni ,' Vj l4 ~>;i >+,i '\ -^ GENERAL JOSEPH GRAHAM. 155 nearly south of Nashville, Tenn., 179 miles from Milledge- ville, Ga., in the center of the Creek Nation. A circle of 160 miles taking this as the center would include hut few white inhabitants. Sib: — Owing to the measles and other sickness among the troops together with the wet weather and high waters the rear detach- ment from North Carolina did not arrive on the frontier until the 15th Inst. On the 16th the army of the center corps crossed the Talapoosa and in the evening formed a junction with the right under Genl. Jackson; on the 18th arrived at this place; by intelli- gence since received the enemy dispersed in various directions on the night of the 19th. A number of chiefs and others have com"e in and given up. There has been no fighting since the 17th ult. with Genl. Jackson at Horse Shoe; the official account of which you have seen nor is it probable there will be any more this cam- paign. We detached 700 men on 20th Inst, down west side of Alabama; were gone two days, saw nor effected anything but burnt about a dozen Indian towns. On the 26th we sent out a detachment of 200 men with five days provisions over the Talapoosa on a trail leading towards Escumbla and Pensacola; horses, etc., conveying the party have not yet returned. One .other detachment is expected to be sent out about fifty miles to the west after some gone to the waters of Cahaba. Genl. Jackson began his return march from this place for Tennessee on the 20th inst. His men's term of service from west Tenn., which are the greatest part, expires ,on the 28th inst., when they leave we will not have mtore than to garrison the chain of forts from this to Tenn. and make excursions on head of Cahaba and Black Warrior Rivers, etc. Our present force here is Brigade from Carolinas, two companies of artillery, a troop of dragoons, 39th Regiment of Regulars and some of the detached companies of same under Col. Milton. The army of the left under Col. Russell ascending the Alabama has not yet joined, expected in a day or two. Genl. Pinckney and his staff arrived here the day previous to Genl. Jackson's march. This day we began a regular fortifica- tion with five salient angles a quarter of a mile from here on the old French fort Thoulouse at which lies iron cannon with the trunion broken off said to be evacuated in the year 1755. I hope your Excellency will excuse my not writing sooner as I had nothing worthy of comanunication and time was not to be spared. You will accept thanks together with Col. Polk for the in- 156 GENERAL JOSEPH GRAHAM. terest taken in my outfit. Everything was duly received by Major McCauley; as I have not time to write to Col. Polk 1 hope you will let him see this hasty scrap. Our troops are lately more healthy; are chagrined thinking it will be an inglorious campaign not hav- ing an opportunity to discharge a single musket at an enemy. I have the honor to be, with great respect, Your Excellency's most obdt. servt., To Gov. Hawkins. J. Graham. 3. The following is of the nature of an "order" : Camp near Fort Jackson, Fort Coosa & Tallapoosa, April 28th, 1814. Lieutenant Kenedy: — On the receipt of this, you will take of the Garrison at Fort Bainbridge 1 Sergt. 1 CoTpl. & 12 privates, the Condg. Officer at said Fort, is hereby directed to detail that number for you, with them you are directed without delay to proceed to FoTt Mitchell & relieve Lieutenant Thompson & take command of the Fort, together with the detachm'ent he has under his command, taking instruction from him & such orders as may transmitted to you from time to time. Lieutenant Thompson will repair to Head Quarters & report himself to Col. Nash. Your most Obt., Lieut. Kenedt. Joseph Gkaham, B. G. Colonel Pearson, commanding the North Carolina regiment, made the following report to General Graham of operations under his command : Camp near the confluence of Coosa and Talapoosa, June 13, 1814. Sib: — In the communication I had the honor to make to you on the 1st inst. I informed you that previous to leaving Hotawa I had made arrangem'ents to have some other tribes of the Alabama hos- tiles brought in and two of their prophets; in the success of which I was not a little sanguine. I have now Sir the satisfaction to inform you that I have not been entirely disappointed. At Camp near the Tewala Town where I had previously sent Capt. Crawford with a strong guard we re- ceived the surrender of fourteen warriors of the Calauda Town and fifty-four women and children. Among the number of men is GENERAL JOSEPH GEAHAM. 157 Naututgee a prophet of (I presume) considerable note as lie ab- jures his former doctrines and says he was led astray by the "bad talks of the Otter men." His surrender is unconditional. I have not thought it necessary to confine him otherwise than keeping a guard over him in connection with the other prisoners where he will remain subject to your orders. On the same day forty-seven warriors and one hundred and seventeen women and children of the Tewasa Town surrendered and fourteen warriors and forty- seven women and children of the Oakcheia Town making a total in this surrender of 283 and in the whole number of prisoners as the result of this expedition 622. The prophet Paddy is not yet in but I have Intelligence upon which I think I can rely that he is on the way. He has sent me a talk that he will come without being forced and that "he has been a fool." He has no following which I presume has been the case with most of them. I have not trusted to his word but have sent a few Indians upon whom I can rely (I think) to accompany him in and shall look for them in a few days. I can not close this communication without tendering you my acknowledgments of the solicitude manifested by you and the exertions you have caused to be made to forward an additional sup- ply of provisions as soon as it was discovered that the objects of the expedition had so greatly enlarged as to render a supply indispen- sable. With sentiments of my higih respect, I have the honor to be your obedient servant, J. A. Peaeson, Col. N. 0. State troops in V. S. Service. To Brig. Gen. Joseph Graham, Oomdg. the Army of the centre at Fort Jackson. After General Graham returned home he wrote the following letter to Governor Hawkins, informing him that a portion of the North Carolina regiment had vol- untarily remained in service after their term had ex- pired until others to take their places arrived : Vesuvius I^bnace, 24th Aug., 1814. Bear Sib: — Knowing the solicitude manifested by you and the interest you felt in mattiers relating to the detached militia from. 158 GENERAL JOSEPH GEAHAM. this State on the expedition to the Creek Nation; I take the liberty of informing your Excellency that several of the soldiers passed the 20th inst. who had been left in the garrison at Fort Decatur. They left the Talapoosa on the 1st day of August; the day their term of service expired. The troops were in good health but few complaints of indigestion and no deaths siince the Brigade left there. They stated that a number of the chiefs had passed that place on their way to Fort Jackson; the place of holding the treaty; that (Lt.) Col. Atkinson proposed to the garrison to remain ten days after the expiration of their term of service; being informed by Genl. Jack- son that the Tennessee Militia could not be there earlier. Notwith- standing their term of service had expired and they were five hun- dred miles from their homes; three hundred and fifty volunteered to remain with the Col. until relieved; the balance were ofl5cered and sent on. This Sir is practical patriotism; that such a number of men so far distant from home, having served their six months; their clothing nearly worn out; should when their services were wanted, although every legal claim thedr country had on them was discharged, volunteer under such circumstances is highly honorable to the troops and I think new in the annals of Militia service. Those who came on were placed under command of Capt Hood; when they reached Fort Hawkins they found three companies of detached Geor- gia Militia drawing arms and designated to garrison the Ports Lawrence, Perry and Mitchell which had been committed to the charge of the South Carolina Regiment. I have the honor to be with great respect, Your Excellency's m'ost obdt. servant, Jos. Geaham. To his Excellency Wm. Hawkins. 4. In tlie following letter General Graham offers his services to the Governor for another campaign : Salisbuby, N. C, Sept. 8, 1814. Deae Sie: — Since the arrival of the last mail finding it probable that the War will assume a new aspect (if it) continues) I am in- duced again to place my name among those oflicers out of whom a choice is to be made to command the detached Militia. Having become accustomed in some measure to the details of duty and the intercourse between the different departments attached to the army .agreeable to present usage; which I found to differ from what it was "'2-- '^'^^^iJ GENERAL JOSEPH GRAHAM. 159 formerly, and having most of ttie outfit ready for a camipaign, I can go with much less inconvenience than formerly; therefore if your Excellency thinks proper, you are at liberty to appoint me to the com- mand of the 3rd Brigade of this State. However as I have already been honored by appointment to service for one tour if any others have offered their services that meet your Excellency's approba- tion I submit that to serve the tour will be theirs to come. I shall cheerfully acquiesce in your decision. I have the honor to be with the greatest respect, Your Excellency's most obedient servant, Jos. Geaham, B. G. To his Excellency Gov. Wm. Hawkins. 7. Civil, AND PERSONAIv HISTORY IN WNCOLN COUNTY. About 1784 or '85 General Graham purchased a farm on Catawba River, in Mecklenburg County, just below Tuckasegee Ford, and another tract of land at the forks of the road about a mile from the ford as you go to Char- lotte, generally known as the Red House. After his marriage he lived at the latter place until he moved to Lincoln County, in 1792. His comrade in arms and legislation, General Joseph Dickson, resided about three miles distant, across the river in Lincoln County, where Mr. U. M. Johnston now lives, and where General Rutherford halted the night before the battle of Ramsour's Mill, awaiting tidings from Captain Palls' command. They opened a view be- tween their residences and by means of flags communi- cated with each other. VESUVIUS FURNACE. Soon after his removal to Lincoln County, the mail route mentioned in the legislative proceedings of 1790 160 GENERAL JOSEPH GKAHAM. was established. It did not go to Charlotte, but at Salisbury turned off via. Lincolnton, Rutherford, etc. This was at first a horseback route, and so continued until 1820. The service from Raleigh to Salisbury was once a week and from Salisbury via Lincolnton and Rutherfordton to Spartanburg, S. C, once in two weeks. In 1831 the letting of mail contracts provides for four-horse coaches twice a week from Raleigh to Lincolnton, and two-horse stage once a week from Lincolnton via. Rutherfordton to Asheville. This was soon afterwards changed to four-horse coaches and daily mail over the entire route from Washington city, and so continued until the railway and steam engine sup- planted the horse and stage coach. The stage coach driver, as he handled his team of four, like the conduc- tor on the cars in later years, was the admiration of the country youth. The driver carried a tin bugle from four to six feet long and when within a mile or so of the post-office to announce his coming "blew a blast," which reverberated over hUl and dale, and which, when well done, was long remembered by those who heard it. The driver prided himself much in the execution of this blast, how he could make it roll over the country, and in turning corners with his team. About twenty-five miles apart stables were kept with fresh horses; these were harnessed before the arrival of the stage and the stop was but for a few moments. Among the first offices established when the route was by horseback were Beattie's Ford and Vesuvius Fur- nace. Beattie's is perhaps the finest ford on the Ca- tawba River. Nearly all roads from contiguous terri- tory pointed to and were "sign-boarded" to it. Vesu- GENERAL JOSEPH GRAHAM. 161 vius Furnace being on the main line of travel, General Graham's acquaintances frequently visited him in pass- ing. The furnace and accompanying buildings were im- mediately on the road, the family residence was about two hundred yards distant, approached over three ter- races, through an avenue of cedars. The United States records giving date of establishment of this route have been burned, so the date can not be ascertained. He became a Justice of the Peace soon after his re- moval to Lincoln County, and served as such until his death, in 1836. At that time the Legislature appointed these officers, who continued in office for "life or good behavior." The Justices of the Peace in each county annually elected five of their number to preside over the Court of "Common Pleas and Quarterly Sessions," gen- erally called County Courts, to distinguish them from Superior Courts. This Court had jurisdiction of petty crimes and civil actions for limited amounts. He was frequently elected a member of this board. The Magis- trate's office was of much greater importance then than now. To aid him in the discharge of his duties, he pur- chased Blackstone's Commentaries (four volumes) and some volumes of reports of decisions of cases by Courts of Review. He was frequently appointed commissioner to divide estates, lay off public roads and perform other duties for the public good. He could formulate any in- strument desired by his neighbors and was of much ser- vice to them. I think he could have easily passed an examination for license to practice law. He frequently had a good deal of merriment on wedding occasions; was an expert civil engineer and surveyor, and did most 11 162 GENERAL JOSEPH GRAHAM. of the work in that line in this section for many years, as the records show. On one occasion he sold Rev. Henry Asbury and another young man tracts of land. The day appointed for them to come for the plats and pa- pers was very raw and cold, with a heavy fall of snow ; but the young men were on hand bright and early. After complimenting them very much on their punctuality, he remarked how much trouble was occasioned by tardi- ness or neglect to meet appointments and what a desira- ble trait promptness was in a young man. As they were leaving he remarked, "Now, young gentlemen, just be as punctual on pay day." He was a man of nerve and some surgical knowledge. Occasionally he would ac- commodate his neighbors in emergencies by setting frac- tured limbs, sewing bad cuts, and on one or two occasions by releasing jaws that had been unhinged by yawning. He was an expert swordsman, and at log rollings, house raisings, harvest time or other occasions which gathered the neighbors together, would challenge some of the young men for combat with hickory canes instead of swords. He would give them permission to strike him if they could. His antagonist would endeavor in good earnest to do so, but soon found his cane knocked out of his hand and received a sound tap on the head. INTERNAL IMPROVEMENTS. From about 1825 there was an organization in the State advocating State aid to internal improvements. It held meetings annually or bi-ennially in Raleigh and appointed in each judicial district a commission to pro- mote the cause. The members were expected to call meet- ings or "convocations" and to have addresses delivered to GENEEAL JOSEPH GRAHAM. 163 the people on this subject at the different court-houses during court week, generally on Tuesday. General Gra- ham delivered one in Lincolnton at the spring term of Court in 1829. He advocated cleaning out the rivers for navigation to the highest available point and then con- structing turnpikes across the country from the "land- ings" on the principal rivers. This was before the days of railroads. This organization probably did much to edu- cate the people up tO' State aid to internal improve- ment, which policy afterwards prevailed. While a member of the Legislature he voted for the measure to render the Catawba River navigable and granting ap- priation for that purpose. Up to the time of his death there was boating on the Catawba River from Aber- nathy's (Rozzell's) Ferry to Charleston, S. C. These boats passed by canal at Columbia from the Pee Dee to the Congaree. The shoals or ledges of rock in the river where very extensive were avoided by cutting a canal around them. At Mountain Island, in Gaston County, one of these canals still exists, and is used by the pro- prietors of the mill in conducting the water to the machinery. At Land's Ford, in South Carolina, there were exten- sive works, somewhat similar to "locks." The place was a "seaport" town on a small scale. This accounts for the "sign-boards" at forks of roads fifty or sixty miles distant naming Land's Ford among the points to which the road led. Some of these "sign-boards" were stand- ing a few years ago. With the advent of railroads boating ceased on the Catawba. The act of 1788 incorporated a company to open the 164 GENERAL JOSEPH GRAHAM. Catawba River for navigation in Nortli Carolina one hundred miles, and the South Pork fifty miles. Exclu- sive navigation of the stream was granted. The com- pany did not comply with the charter and upon petition of the people, in 1796, the charter was repealed ; the navi- gation of the river made free and men liable to road duty residing within five miles of the stream were re- quired to remove obstructions and keep the channel open for the passage of boats. EDUCATION. He was much interested in education, and doubtless supported Judge Murphy in his endeavor for public schools. He was a member of the first Board of Trustees of the University, for the establishment of which insti- tution he had voted as a member of the Legislature. When Pleasant Retreat Academy, in Lincolnton, N. C, was established, in 1813, he took great interest in the en- terprise, and was placed upon the first Board of Trus- tees, and so continued until his death. He was fond of reading, especially history, and when so doing always had a dictionary and geography at command — said "the reader should always know what the writer said and where he was." He valued the advantage of a profes- sional education at |3,000, and made this difference in the division of his estate among his children, crediting the other sons with this amount against their profes- sional brothers. James, George Franklin and William A. were all graduates of the University. James and William A. were lawyers and George F. a physician. The other boys attended school in the vicinity and neigh- boring towns and assisted their father in his business. GENERAL JOSEPH GRAHAM. 165 The college term of four years, the study for profession of two and the s.upport before the profession proved self- sustaining, show this not to have been an unreasonable amount of difference; He was ever ready to aid the boy of limited means in his neighborhood who exhibited a desire to obtain an education. PERSONAL. He was fond of the Scotch-Irish dish of mush and milk for supper and it was never omitted from the fam- ily table— the mush in a white china bowl and the milk in a small pitcher. On one occasion the Governor of the State and another friend stopped for the night. The General's older children were just about grown, the son having graduated from Chapel Hill and the daughter from Salem. They did not like to set the mush and milk before the Governor. The son was sent to see if permis- sion could not be obtained for its omission. His reply was : "James, tell your sister she can make as many kinds of cake as she pleases, and put as many kinds of preserves on the table as she wishes, but I am as good as the Governor or anybody else, and I intend to have my mush and milk." "VSTien supper was served, to the sur- prise of the young people the Governor joined the Gene- ral in his mush and milk with a relish and consumed fully as much as he did. During the pastorate of Rev. Fred Nash at Unity there was considerable interest in the temperance move- ment and the formation of societies of Sons of Temper- ance. At a meeting held at Unity there was speaking in the morning, then recess for dinner and the organiza- tion of a society in the afternoon. During intermission 166 GENERAL JOSEPH GRAHAM. names were solicited for membership. The General was active in urging persons to join. One of the young men on examining the list of names, remarked, "General, I do not see your name." He replied, "Oh, this is for the young men." MRS. JOSEPH GRAHAM'S FATHER'S PAMH.Y — UNITY AND MACHPBLAH CHURCHES. The General was for many years a member of the Presbyterian Church and for more than ten years prior to his death a Ruling Elder of Unity and was active and faithful in the discharge of his duties. In 1787 he married Isabella, second daughter of Major John Davidson, who came from Pennsylvania via. Rowan County (1740) to Mecklenburg County (1760) and located in the Hopewell congregation on the premises now owned by Joseph Graham Davidson, a descend- ant in the fourth generation. Davidson married Violet Wilson, a daughter of Samuel Wilson, who came to North Carolina in 1740. He was prominent in the affairs of his section. He was a Delegate to the Pro- vincial Legislature from Mecklenburg County in 1773. He held the positions of Major of Militia and Justice of the Peace, both under the Provincial and State Gov- ernment. He was a delegate to the convention, May 20, 1775, at Charlotte, and as such signed the celebrated Declaration of Independence promulgated on that oc- casion. He was Major of Colonel Polk's regiment in the cam- paign against the Scovillite Tories in 1775 ; also in that of Colonel Alexander in General Rutherford's campaign against the Cherokee Indians, in 1776. With his sons- GENERAL JOSEPH GRAHAM. 167 in-law, Alexander Brevard and Josepli Graham, he was a pioneer in the manufacture of iron in Lincoln County, N. C. He died in 1832 in the ninety-seventh year of his age, ajid is buried with many of his descendants in the family cemetery on the farm where he first located. Major Davidson's other daughters married as fol- lows: 1. Sallie, Rev. Alexander Caldwell, pastor of Sugar Creek churchy a noted minister in his day. He was a son of the celebrated Rev. David Caldwell, D. D., of Guil- ford County. 2. Rebecca, Captain Alexander Brevard, a noted of- ficer of the Revolutionary War, of whom mention has been made elsewhere in this book. 3. Mary, usually called Polly, Dr. William McLean, of Lincoln, now Gaston, County, N. C, the most eminent physician of his time and section. He served as assis- tant surgeon in the Revolutionary War and also repre- sented his county in the two conventions which consid- ered the Constitution of the United States, and as mem- ber of the Legislature, 1788-1792. 4. Betsey, married William Lee Davidson, son of the General, who fell at Cowan's Ford, February 1, 1780. Mr. Davidson was employed by General Graham as clerk in connection with the iron works before his sons were of sufficient age to assist him. Mrs. Graham was exceedingly kind and attentive to the orphan boy. He appreciated it and in after life it seemed a pleasure to him to speak of it to her children and grandchildren. Among other things he said that when the young people would propose to have a "pay" entertainment he fre- quently had nothing to contribute and would make some 168 GENERAL JOSEPH GRAHAM. excuse for his proposed non-attendance. She seemed to know his trouble and would contrive to have a private interview, and handing him the necessary money would say, without any explanation, "Now, Billy, you go." 5. Violet, married William Bain Alexander, who was for many yearsi Register of Deeds for Mecklenburg County. 6. Margaret, married I^Iaj. James Harris and moved to Alabama. He also left three sons. 1. Eobert, usually called Robin, who married Peggy Osborne. They left no chil- dren. 2. John, commonly called Jackey, who married Sallie Brevard, of Iredell County. They left four sons and two daughters. 3. Benjamin Wilson, born May 20, 1787, and called by his father on account of the date of his birth, "Inde- pendence Ben." He married Betsy Latta. They raised six sons. The three sons all lived within the bounds of the Hopewell congregation. UNITY PRESBYTERIAN CHURCH, LINCOLN COUNTY, N. C. John Beatty, a Scotch-Irish Presbyterian, was among the first settlers in Lincoln County. In 1749 he located on the western side of the Catawba River near the mag- nificent ford which perpetuated his name — Seattle's Ford. About a mile from the ford he built a log house which was known as Beattie's Meeting-House, where religious services were held from the first occupation of the country by white people. The ajdherents of the Es- tablished Church designated the buildings of the other denominations as "meeting houses," prefixing the name GENEEAti JOSEPH GRAHAM. 169 of the denomination. This custom continued in use until the middle of the last century. Unity church was constituted in this house in 1801. In 1808 a larger building was erected. In a deed conveying additional land by James Lytle; James Connor, Alexander Bre- vard, John Reid and Joseph Graham are named as trustees and the "kirk" as Unity. The building was of logs, the floor gradually descending from the door to the pulpit, thus making the pews in tiers rising one above the other from the pulpit to the door. The pulpit was very high with a "hood" over it. There was a hooded pew on each side of it; one of these was occu- pied by the family of Captain John Reid, the other by that of Capt. Alexander Brevard. It is not known who were the pioneer preachers at this place. Rev. Hum- phrey Hunter came in 1796 and remained until 1801. Then came in the order named, Revs. Henry N. Pharr, Patrick Sparrow, James Adams, Frederick Nash, and R. H. Morrison, D. D., son-in-law of General Graham, whose services continued until "after the war." During Mr. Sparrows' pastorate camp meetings were estab- lished and continued several years. Some tents were erected by tHe members and occupied during the con- tinuance of the services. These tents were usually log cabins. This was one of the earliest "camp meetings" of this section. The Methodist established Eobey's Camp Ground in 1816; removed it to Rock Spring in 1834, where services have been annually held up to this time (1902). The camp meetings at Unity were discontinued dur- ing the pastorate of Dr. Morrison. Captain Brevard and General Graham were members of Unity at its con- 170 GENERAL JOSEPH GRAHAM. stitution, and trustees. Captain Brevard was a Ruling Elder from this time until his death, in 1829. General Graham for ten or twelve years prior to his death, in 1836. Most of the prominent citzens of the surrounding coun- try were members of Unity. Its greatest period of pros- perity was from 1830 to 1850 ; more than forty carriages brought worshippers regularly to its services, besides those who came in smaller vehicles or on foot. In cele- brating the Lord's Supper the church still preserves the old custom of using for tables two high benches made for the purpose; on lower benches the communicants ar- range themselves around the tables, the bread and wine are passed by the participants from one to another until the circuit is completed. A commodious, painted build- ing erected in 1833 now occupies the position.* MACHPELAH CHURCH AND CEMETERY. In 1801, upon the death of Polly, the eldest child of General Graham, he and Capt. Brevard selected a spot as a "burying ground" about midway between Mt. Tirzah Forge and Vesuvius Furnace and enclosed it with a rock wall. It was near the public road, leading from Lin- colnton to Beattie's Ford and also near the location afterwards of the plank road from Charlotte to Lincoln- ton and ten miles from Lincolnton. Captain Brevard, at his death in 1829, bequeathed sev- eral hundred dollars for a church building at the bury- ing ground. Several years afterwards the matter re- ceived attention, other subscriptions were made and a ♦NOTE— I am indebted to Broad Ax and Forg:e, by Hon. F. Brevard McDowell, Charlotte, N. 0., and to a sketch of Unity by Judge Nixon, O. S. C, Lincolnton, /or much of this article. :Ti: X > ,i%''^t^:^it^:.. GENERAL JOSEPH GRAHAM. 171 neat brick building was erected. In 1848 Concord Presbytery constituted a churcli there, which was named itachpelah from its proximity to the cemetery. Eev. R. H. Morrison, D.D., was chosen pastor and served as such until services were abandoned in 1865. Dr. Morrison was a native of Cabarrus County, graduated at the Uni- versity of North Carolina in 1818 in a class of which President Polk, Bishops Greene and Otey, Hons. Hugh Waddell and B. F. Moore and others who became noted were members. He served Providence and Sugar Creek in Mecklenburg County, Fayetteville, and Charlotte churches as pastor. He was the first president of Da- vidson College; procured the charter from the Legisla- ture in 1838, and superintended the establishment of the institution. On account of feeble health he resigned in 1840 and removed to his farm at Cottage Home, Lincoln County. He was pastor of Unity, and afterwards also of Castanea Grove until 1876 when he, on account of age, resigned the pastorate but preached at Machpelah when the weather was favorable, for several years. He was one of the ablest preachers of his church and no one was more regarded as a leader or respected for his integrity and purity of character. He died in 1889, aged ninety- one years. The landsi adjacent to Machpelah were owned by two or three persons to the extent of ten thousand acres or more. There were few white families within two miles of the church. Dr. C. L. Hunter, Messrs. D. A. Sum- merow, David Dellinger and Lewis Dellinger were elders of the church. By death ahd removal from the State the membership was much reduced. Most of those on the roll united with Castanea Grove at its constitution 172 GENERAL JOSEPH GRAHAM. in 1865. Those remaining joined the church at Iron Station when it was organized. About 1892 the pastor of neighboring Presbyterian churches began to hold ser- vices at Machpelah as a mission point. In 1901, by the labors of Rev. W. H. Wilson a church was constituted which now (1903) numbers over thirty members and seems to be in good condition. Mr. Wilson is highly re- garded by the community as a Christian gentleman and an active worker. Capt. Jos. G. Morrison is an elder in the church. The vicinity of the church is now (1903) thickly settled. In 1859 Mrs. Violet Alexander, a daugh- ter of General Graham, conveyed to Dr. C. L. Hunter, David A. Summerow, David Dellinger and James F. Johnston, as trustees of the church property, twenty- seven acres of land. After the constitution of the church in 1848 other families used the cemetery. Dr. Hunter and Mr. Sum- merow, with members of their families. Dr. Wm. John- ston, father of Gen. Eobt. D. and Gov. Joseph F. John- ston, of Alabama, among others, rest here. Captain Brevard, three sons — Ephraim, Robt. A. and Theodore W., one daughter — Mrs. Eloisie Hayne, and some other of his descendents to the third generation are buried there. With General Graham are his wife, sons — James, Al- fred and Robert Montrose; daughters — Polly, Isabella and Mrs. Mary Morrison ; his son-in-law, Dr. Morrison, grand- and great-grandchildren. The following inscription is upon his tomb : GENERAL JOSEPH GRAHAJI. 173 SACRED TO THE MEMORY OF MAJOR GENERAL JOSEPH GRAHAM WHO DIED Nov. 12th, 1836; aged 77 years. He was a brave, intelligent and distinguished officer in the Revo- lutionary War. In various campaigns from' May, 1778, to Nov., 1781. Commanded in fifteen engagements with signal wisdom, courage and success. On the 26th Sept., 1780, aften a gallant defense of the ground first consecrated by the Declaration of American Independence he was wounded near Charlotte. In 1814 he commanded the troops of N. C. in the expedition against the Creek Indians. His life was ai brightl and illustrious pattern of domestic, social and public virtues. Modest, amiiable, upright and pious, he lived a noble ornament to his country, a faithful friend to the church and a rich blessing to his family and died with the hope of a glorious immortality. General Graham having, according to the custom of the country attended "Tuesday of Court" (Nov. 10th), returned home from Lincolnton that afternoon. He was stricken with apoplexy the next day and died Thurs- day, November 12, 1836. Mrs. Isabella Davidson Graham died January 15, 1 808 ; aged 47 years. She was the most beautiful of Major Davidson's hand- some daughters. Her character corresponded in loveli- ness and goodness to her personal appearance; she was much beloved by all her acquaintance, and discharged well the duties of a Christian wife, mother, mistress, neighbor and friend; impressing her personality upon all with whom she associated. "Her children arise up and call her blessed Her husband also, and he pradseth her." 174 GENERAL JOSEPH GRAHAM. 8. CHII.DREN AND GRAND-CHII.DREN OF JOSEPH AND ISABELIvA GRAHAM. I. Polly, who died in 1801, at the age of thirteen years. II. John Davidson, who succeeded him in the manu- facture of iron at Vesuvius Furnace. Married (1) Betsy Connor. Children: 1. Mary Ann, married Harvey Orr, Charlotte, N. C. 2. Charles Connor, married Mary Mebane, Greens- boro, N. C. Arkansas 1854. Memphis 1866. 3. Eliza, married Col. John Sloan, Greensboro, N. 0. Texas 1870. 4. Malvina, married Col. John A. Young, Charlotte, N. C. 5. Maj. Joseph Montrose, married Mary Washington, New Bern, N. C. Arkansas 1849. Died 1872. 6. Dr. Wm. Henry, died unmarried in Arkansas, 1854. 7. Martha, married P. K. Rounsaville, Lexington, N. C. Indiana 1853. 8. James Franklin, died unmarried in California, 1851. 9. Isabella, died in childhood. 10. Dr. Alexander Hamilton, surgeon Texas troops, married Mary Mason, York County, S. C. Texas, 1857. 11. Julia. Married (2) Jane Johnston, Lincoln County, N. C. 12. John, died in infancy. 13. Robert Clay, married Sally Prim. Died 1846. Buried at Unity. ^-C^. Whs. SdpHiA G. Wjtherspoo>'. GENERAL JOSEPH GRAHAM. 175 III. Sophia, married Dr. Jno. Witherspoon, of South Carolina. Moved to Lexington, Ky.; afterwards to Greensboro, Ala. Children : 1. Eliza, married Judge Henry Goldthwaite, of Mo- bile, Ala. 2. John J., who died unmarried. 3. Jos. Graham, who died unmarried. 4. Dr. K. Sidney, who married Mrs. Mary (nee Tor- rance) Bratton, Mecklenburg, N. C. 5. Thomas F., who married Kate Hatch, Alabama. Louisville, Ky. 6. Wm. Alfred, who married Tarriffa Cocke, Vir- ginia. Greensboro, Ala. 7. Mary S., who married Chas. Dickey, of Brown Bros. & Co., New York. 8. Ann Louisa, who married Dr. Wm. Anderson, Mo- bile, Ala. Being the oldest daughter, she, at the death of her mother, had, when she was only seventeen years of age, to assume the cares of the family and the rearing of the younger children. She performed the duties with faith- fulness, consideration and affection. She was regarded as a typical older sister and daughter and remembered with great love and pleasure by those to whom she had given her attention and affection. Died 1866. Buried in Charlotte. 176 GENERAL JOSEI^H GRAHAM. IV. James Graham.^Bom 1793. He graduated at the University in 1814, read law with Chief Justice Ruf- fin and was admitted to practice in the County Courts in 1815, and to the Superior Courts in 1816. He represented Rutherford County in the House of Commons 1823-4-8-9. He represented the Mountain District in the United States Congress from 1833 to 1843 and from 1845 to '47. The following is an extract from his address to the voters in his district when he was a candidate for elec- tion in 1841. This was after President Tyler had forsaken the Whig party which had elected him and to which Mr. Graham belonged. The conduct of President Tyler was obstinate and arbitrary. He would not agree with Congress, and he could not agree with himself. He opposed but would not propose. He opposed the action of Con- gress, and still he haid no plan himself; he wanted time to concoct some scheme that would be acceptable to himself; im that situation Congress adjourned at the extra session, leaving the President sus- pended in absurd abstractions. T^e abstraction school is a clever class of men who seem to imagine that a special providence has committed the Constitution to their peculiar keeping and construc- tion. They are political Pharisees; they thank God they are not like other men, and I thank God that other men are not like them; for they can calmly see and look with indifference upon seventeen mil- lions of people in deep distress by the mal-adminlstration of the government and make not one single effort to relieve or comfort them, but sit still add survey the scene of suffering aind disappoint- ment while hundreds and thousands are dispirited and sick with hope deferred and broken promises until they are ready to exclaim: Despair is poison to the heart. It rankles in a tender part; 'Tis formed to flourish in decay. And chase the hope of life away. GENERAL JOSEPH GRAHAM. 177 The people of North. Carolina are suffering severely, and pay double taxes for the want of a uniform currency. We pay one tax to the government and another to brokers and shavers, because our currency is below par in New York, the place where our merchajits purchase their goods. I believe the tax to the broker equals that to the government. The following obituary appeared in the National In- telligencer ^ October 6, 1851: DEA.THS. At his residence in Lincoln County, N. C, on the 25th ult., the Honorable James Graiiam, in the fifty-seventh year of his age. Mr. Graham was the second son of the late Joseph Graham, and the last surviving brother of the present Secretary of the Navy. He was educated at the University of his native State, and bred to the profession of the law, which he practiced successfully for serveral years. He was frequently a member of the Legislature of North Carolina, and was widely known to the country as one of her most faithful and devoted members in Congress for a period of twelve years. His social nature and courteous, frank and manly character attracted to him a large circle of friends among his associates in public life, and the visitors and residents of this metropolis; while his kindly sympathies and affections endeared him to those with whomi he wais more nearly connected. He never married. Died 1851. Buried at Machpelah. VII. Robert Montrose. — Died unmarried in 1822. Buried at Machpelah. VIII. Alfred. — Emigrated to Tennessee to join his brothers, Joseph and George Franklin, but returned to North Carolina in 1834 to become partner with his brother, John D., in the iron works. Died, unmarried, in 1834. Buried at Machpelah. 12 178 GENERAL JOSEPH GRAHAM. V. Joseph moved to Memphis, Tennessee, in 1828, was the first Sheriff of Shelby County, married Sarah Kimbrough, of Tennessee. Children : 1. George C, married (1) Mrs. Record, of Mississippi. (2) Miss Perkins, of Tennessee. (3) Miss Daniel, of Mississippi. Died 1899. 2. Lydia, married W. C. Rutland, Little Rock, Ark. He was a member of Henderson's Scouts, Army of Ten- nessee, Confederate Statesi Troops. Dead. 3. Albert K., married Miss Evalina Marshall, daugh- ter of Dr. James Marshall, was a member of 1st Tennes- see Cavalry, W. H. Jackson's Brigade of Forrest's Com- mand from 1861 to the Surrender, and surrendered with General Forrest at Gainesville, Ala. 4. Joseph, married Mrs. Alston, of Tennessee; was a member of 1st Tennessee Cavalry ; afterwards a Lieu- tenant in Fagan's , Arkansas Cavalry, Gen. Sterling Price's command ; was in Confederate Army from 1861 to 1865; was a prisoner and paroled at the surrender. 5. Sophia, died in early womanhood. Died in 1837. Buried in Memphis, Tenn. GENERAL JOSEPH GRAHAM. 179 VI. George Franklin. — Graduated at the University of North Carolina in 1815, and a few years afterwards at the University of Pennsylvania in Philadelphia in medicine. In 1825 he married Martha A. Harris at Beattie's Ford, Mecklenburg County, N. C. He had settled prior to this at Memphis, Tennessee, and enjoyed a large practice in the city and in the adjacent country for thirty miles. Doctor Graham died in 1827 of yellow fever, con- tracted from a professional visit to a sick person on a steamboat en route from New Orleans to St. Louis. This is believed to be the first case of yellow fever re- ported at Memphis. He is buried at Memphis, Tenn. A few years afterwards Hon. James Graham went to Tennessee and brought Mrs. Graham and her child to Vesuvius Furnace, where they resided with General Graham until Mrs. Graham's second marriage. The party with a negro man as attendant made the trip on horse-back, each carrying the child "in turn." Mrs. Graham was the only child of Charles Harris and Martha A. Eppes, formerly widow of Charles Con- ner. She afterwards married Dr. StanhQpe Harris, of Cabarrus County, N. C. James Graham was the guardian of Ann Eliza. Children : Ann Eliza, who married Col. William Johnston, a grandson of James Johnston of Revolutionary note. He was a lawyer and prominent in the political history of the State for many years, and in Internal Improvements in their incipiency. He was president of the road from Columbia to Charlotte ; the first that was built to Char- lotte. The road from Columbia to Augusta was con- structed under his administration. Member of Seces- sion Convention, 1861. 180 GENERAL JOSEPH GRAHAM. IX. Violet Wilson married Dr. Moses Winslow Alex- ander, a prominent physician of Mecklenburg County. He was a son of J. McKnitt Alexander. Children: 1. Dovey Adelaide Wdnslow, married Rev. H. B. Cun- ningham. 2. James Graham, died in youth. 3. Junius Montrose, died unmarried, 1855. 4. Isabella Louisa, married Dr. W. J. Hayes, Char- lotte, N. C. 5. Hamilton LaF., 63d Regt. N. C. T., died unmar- ried. 6. Mary Sophia. 7. Emily Eugenia, died in youth. 8. Eliza Rocinda, died 1855. 9. Julia Susan, married Maj. T. McGehee Smith, Mil- ton N. C, 45th Regt. N. C. T., who was killed near Richmond, May, 1864. 10. Wistar Winslow, died unmarried. 11. Capt. Sydenham B.; 42d Regt. N. C. T.; State Senator 1879, '83, '85, '87 and 1901. First advocate for road improvement in North Carolina. Member 52nd and 53pd Congresses ( 1891 to 1895 ) . President of State Grange and of North Carolina Farmers' Alliance and Industrial Union; a prominent advocate of advance- ment and improvement in agriculture. Married (1) Emma Nicholson, Halifax, N. C. ; ( 2 ) Louise Perry, Louisburg, N. C. 12. Alice Leonora, married Dr. George W. Graham, Charlotte, N. C. Mrs. Alexander died 1868. Buried at Hopewell, Mecklenburg County, N. C. ili:^. T,'i()7.i:t Ct. Ai i:x \ xhkii. ill;;.. ilAKY G. MdERlSOX. GENERAL JOSEPH GRAHAM. 181 X. Mary, married Rev. Robert H. Morrison, D.D., of Cabarrus County, one of the most distinguished Presby- terian ministers of his time and section. Children : 1. Isabella, married Lieut. Gen. D. H. Hill. 2. Harriet, married Jas. P. Irwin, Charlotte, N. C. 3. Maj. Wm. W., Commissary; died unmarried, 1865. 4. Sarah, died in childhood. 5. Elizabeth, died in childhood. 6. Mary Anna, married Lieut. Gen. T. J. ("Stone- wall" ) Jackson. 7. Eugenia, married Brig. Gen. Rufus Barringer. 8. Susan W., married Major A. C. Avery, Judge of the Superior Court and Justice of the North Carolina Sujpreme Court. 9. Laura P., married Col. Jno. E. Brown, 42nd N. C. T. ; Legislature 1872. Charlotte, N. C. 10. Capt. Joseph Graham, A. D. C. Stonewall Jack- son ; Captain 57th N. C. T. ; wounded at Drury's BluflE and Petersburg, 1864 ;Legislator 1884; married Jennie Davis, Salisbury, N. C. ; Lincoln County, N. C. 11. Dr. Robert H., Captain, A. D. C. General Barrin- ger and General Hill ; married Lucy Reid, Mt. Mourne, N. C. Shelby, N. C. 12. Rev. Alfred James, Selma, Ala. Married Portia Atkinson, Virginia. Died 1876. Buried at Machpelah. Mrs. Morrison died 1864. Buried at Machpelah. 182 GENERAL JOSEPH GRAHAM. XI. William Alexander. — Born September 5, 1804. Graduated at the University 1824. Lawyer, member of the House of Commons for the "Borough" of Hills- borough 1833-4-5 ; for the county of Orange 1836-38-40 ; Speaker '38-40. United States Senator 1840-43. Gov- ernor 1845-49. Secretary of the Navy 1850-52; while Secretary suggested and organized the expedition to Japan under Commodore Perry, also the one under Lt. Herndon to explore the Amazon; two events whose re- sults have been among the most important of the nine- teenth century. Candidate of the Whig party for Vice- President 1852. State Senator 1854. In 1860 was sup- ported for the nomination for President by the North Carolina and Georgia delegations and other delegates. Member North Carolina Convention 1861. State Sena- tor 1862-3. Confederate States Senator 1863-5. State Senator 1866 ; unanimously elected from Orange County but not admitted. Elected United States Senator by an almost unanimous vote of the Legislature in 1866, but was denied admission. Trustee of the University for nearly forty years. Honorary member of the Historical Society of Wisconsin. Member of the Board of Trustees of the Peabody Fund. Selected by the State of Virginia as Arbitrator on disputed boundary line between Mary- land and Virginia. Elected delegate to the Constitu- tional Convention 1875, but died before the Convention assembled. He was strikingly handsome in his personal appearance, diligent, thorough and faithful in the per- formance of every duty incident to the many positions which he filled; pure and spotless in his private life, a learned lawyer, a ripe scholar, a statesman of great abil- ity and clear judgment. He is esteemed by many as the GENERAL JOSEPH GRAHAM. 183 greatest man produced by Nortli Carolina. Died August 11, 1875, at Saratoga, N. Y., while attending a meeting of Maryland and Virginia Boundary Line Arbitrators. Buried at Hillsborough, N. C. On June 8, 1836, he married Susannah Sarah, daugh- ter of John Washington, New Bern, N. C. Children : 1. Dr. Jos(^ph, Captain Battery O, 10th Regt. N. C. T. Married Elizabeth Hill, Hillsboro, N. C. Charlotte, N. C. 2. Maj. John Washington, 56th Regt. N. C. T. Wounded June, 1864, at Petersburg, and March, '65, at Hare's Hill. Lawyer, State Senator 1868-72, Constitu- tional Convention 1868, Trustee of the University. Mar- ried (1) Rebecca {nee Cameron) Anderson, Hillsboro; (2) Margaret Bailey, Tallahassee, Fla. Hillsborough, N. C. 3. Maj. William Alexander, Captain Co. K, 19th Regt. (2nd Cavalry). Wounded at Gettysburg, July 3, 1863. Major and Assistant Adjutant General of North Caro- lina 1863-5. Farmer. State Senator 1874 and '79; elected each time unanimously from his district, Lin- coln and Catawba counties. Author. Historian. Mar- ried Julia Lane, Amelia, Va. Lincoln County, N. C. 4. Oapt. James Augustus, Co. G, 27th Regt. N. C. T. Wounded at Bristow Station 1863, Spottsylvania C. H. 1864. Lawyer, State Senator, Trustee of the Univer- sity, Pension Examiner. Married Elizabeth Webb, Hillsborough, N. C. Washington, D. C. 5. Capt. Robert Davidson, Co. D, 56th Regt. N. C. T. Wounded at Hare's Hill. Lawyer, Secretary of Civil Service Commission, Commissioner in Land Office in Department of Interior. Washington, D. C. 184 GENERAL JOSEPH GRAHAM. 6. Dr. George Washington. Author. Married (1) Sallie Shaver, Atlanta, Ga. ; (2) Alice L. Alexander, Charlotte, N. 0. Charlotte, N. C. 7. Augustus Washington. Lawyer, State Senator, Judge of Superior Court, member of House of Repre- sentatives, Trustee of University, Secretary of Board of Arbitrators of Maryland and Virginia boundary line. Married Lucy A. Horner, Oxford, N. C. Oxford, N. C. 8. Susan Washington, married Walter Clark, Lt. CoL TOth Eegt. (2nd Junior Reserves) N. C. T. Lawyer, Judge of the Superior Court, Justice and Chief Justice of Supreme Court, author, historian. Raleigh, N. C. 9. Alfred Octavius, died in infancy. 10. Eugene Berrien died when four years old, 1863. XII. Isabella, who died in infancy CONCLUSION OP PART I. For the information of those who are harvesting the benefits of his services and for the admiration and emu- lation of his descendants, I have endeavored to compile the items of history of one who was among the most ac- tive characters in his State and country in winning the independence of America and in laying the foundation and shaping the policies upon which the government of his State has been erected. Having presented as far as able an account of his services, I have collected in Part II of this book his accounts of events during the Revolutionary War as he performed or witnessed them or heard accounts of them from participants. I conclude with the following extract taken from an GENERAL JOSEPH GEAHAM. 185 obituary prepared by Rev. R. H. Morrison, D.D., and published in the Charlotte Whig in December, 1836 : His intercourse with others was marked by great dignity of deportment, delicacy of feeling, cheerfulness of spirit and equability of temper. Men of learning and high standing have often expressed much gratification by his company, and surprise ait the extent and accuracy of his knowledge. In the circle of private friendship his excellencies were strikingly displayed. He was far — very far — re- moved from all those feelings of selfishness, vanity, suspicion or envy which unfit men for the duties and joys of social life. His eye was always open to the virtues of his friends; his heart was always ready to reciprocate their kindness, to symipathize with their sor- rows and overlook their infirmities. His hand, his time, his coun- sel and his infiuence were all at the command of those who shared his confidence and deserved his affection. "A friend is worth all hazard w© oam run; Poor is the friendless master of a world; A world in purchase for a friend is gain." But there was another circle near to his heart in which he was still better prepared to shine, and in which true excellency displayed is a brighter and surer evidence of worth. Justice could not be done to his character without being known ini the family circle. As a husband, a father and a master those alone who were the objects of his attachment, forbearance and tenderness could duly aippreciate his conduct and demeanor. His life was a bright pattern of those virtues which are essential to the purity and peace of society. He possessed a lofty and deli- cate sense of personal honor and virtuous feeling. His presence was always a rebuke to the arts and abominations of evil speaking, pro- fanity and defamation. If he could notl speaJi well of his fellow men, he was wise and firm enough to say nothing. He regarded the reputation of others as a sacred treasure, and would never stoop to meddle with the private history or detract from the good name of those around himi. He felt that the sources of his enjoyment and the causes of his elevaitl'on were notl tO' be found in the calamities of his fellow men, and hence his lips were closed to the tales of slander and his bosom a stranger to the wiles of calumny. Did all men act on the principle which governed him in this respect a 186 GENERAL JOSEPH GKAHAM. Mdeous train of evils which mar the purity and disturb the peace of society would cease to exist. But Gen. Graham did not helieve when he had served his country, his family and his friends his work on earth was finished. With an unwavering conviction of the truth and importance of religion, he professed to serve God and to seek for salvation by faith in Christ For a long period of time he was a member of the Presby- terian church, and for ten or twelve years previous to his death was a Ruling Elder of Unity under the pastoral care of Rev. Mr. Adams. He cherished a most profound respect for the ordinances and duties of Christianity, and attended with deep Interest and uni- form punctuality upon the m'eans of grace. He delighted much In reading the Word of God and In hearkening to the instructions of the ministers of the Gospel, for whom he always manifested the greatest regard. In selecting his library he proved how high an estimate he placed upon Christian instruction, and In his most unre- served Intercourse with pious friends his deep and pervading concern for true and undefiled religion was apparent. No circumstances would deter him from manifesting the most decided contempt for the grovelling spirit of Infidelity and irrellgion. By a life of temperance and regular exercise, with the blessing of God, he enjoyed remarkable health and vigor of constitution. On the 13th of October, 1838, he made the following minute in his day book : "This day I am seventy-seven years of ago and in good health, Dei Gratia." As the disease which terminated his life was ajpoplexy, its para- lizing stroke was sudden and unexpected. He rode from Lincoln- ton on the 10th of November, and on the evening of the 12th closed his eyes upon the cares and trials of a long, useful and honorable life. "Hope looks beyond the bounds of time. When what we now deplore Shall rise In full immortal prime And bloom to fade no more." PART II. PAPERS CONCERNING NORTH CAROLINA REVOLUTIONARY HISTORY. Ac.X MSKv*4icV yOVv/AN COUNTy LP flip \ aftKHyn.i.E U '-"^E^^ '-"!"J^.;^;^ ^'«> '•Vo, "^,^ N.° es> E.37OTiVc«l ^^^^ '-^ l-rU\,fi«a' / \^ f^ vr i.;«(i«Wou cv.HoJ si«^i ^ tn*vJo. Kou. mand of cavalry or portions of it, crossed the river at different fords; and it was not flusher of water than is usual at that season of the year, until the rain, which fell, on thei evening of the first of February.t This did occasion a rise in the Yadkin, wbichi inter- cepted the British after Greene's army had passed, on the third of February. 3. Much is stated, and contradictory accounts are given, as to the part Gen. Pickens of South Carolina acted, in the campaign. The facts are these: After the retreat from Cowan's Ford, on the 1st of February, Gen. Pickens, with five or six South Carolina refugees, was in the route of our troops (North Carolina Militia) on the same day, by Tarleton's Cavalry at Torrence Tavern, six miles eastward of the river. Gen. Davidson, the commander of this force had fallen, and there were doubts and disputes among the field officers, as to who should succeed him. In this condition of affairs, while my cavalry were beyond the Shallow Ford of the Yadkin, hanging on the rear of the enemy, it was mnitually agreed by the field oflacers to invest Gen. Pickens withi the command of Davidson's troops,t amounting to six or seveni hundred men. This was about the 11th of February, and the South Carolina refugees might then amount to twently or thirty men. James Jackson, of the Georgia line, a Lieutenant, was appointed Brigade Major. He has since been a member of Congress and Governor of that State. After this organi- zation, the Brigade proceeded, crossing the Shallow Ford of the Yadkin, through Salem, to Guilford Court House. Here intelli- gence was received of the movements of the enemy to Hlllsboro and we took that direction, more condensed and cautious than before. Hitherto, the march had been regulated by detachments for the coiDlvenience of procuring subsistence. Arrived at a mill, on Back or Stony Creek, some twelve or fifteen miles from Hlllsboro, in the evening of the 17th of Feb., shortly after we had encamped the Brigade Major gave orders that Capt. Graham should furnish twenty dragoons, and Capt. Simmons, of Eowan, a like number of riflemen. As soon as these ofiicers re- ported their quotas in readiness, Genl. Pickens himself came and t Revolutionary History North Carolina 162. See also, Lee's Mem. and Loss- iDg for the error, here corrected. t Revolutionary History North Carolina 188, 189. 204 GENERAL JOSEPH GRAHAM. gave these two officers orders, as follows, viz.: "YOU will pro' ceed down, tlie road towards Hillsboro with the greatest caution and circumspection. If you find any detachment of the enemy out, -inferior to your oTvn, attack them. If you discover a larger party beyond supporting distance from their main army, and you can keep yourself concealed, give me notice, and I will come or send an additional force *o assist you. But if you ascertain you are dis- covered by a larger party of the enemy return immediately. In any event, return early in the morning; for they will then hear of you from thie inhabitants of the country. If I move fromi this place you will find my trail up the west side of itlhis creek and may join me by ten, o'clock to-morrow." There were four or five volun- teers who went with the party besides those ordered; but none of them were present when the orders were given. Among others I recollect Maj. Micajah Lewis, (a continental officer who was killed a few days afterwards at Dickey's,) and his brother Joel. But though of superior rank, neither Maj. Lewis nor any other, as- sumed any command over the detachment, or the lofficers who had re- ceived the General's orders. The party set out between) sunset and dark. Aften proceeding several miles on the Hillsboro road, and when it was fully dark, met Robert FawcettI (usually called, as I understood, mad Bob), and another person, whose name is not re- membered. They were direct from Hillsboro, and gave us the first information of a picket at Hart's mill, supposed to be about thirty in number. We determined to attack them at light in the morn- ing. Gen. Pickens certainly knew nothing of this picket being at the mill when he detached us, although it is otherwise stated by Johnson. Fawcett at first thought we were a partly of the enemy. We compelled him to be our pilot. If he is yet living, I would beg leave to refer you to him for subsequent events. In the morn- ing, when we approached the picket, their sentry fired; and a sergeant and file of men cam'e immediately to his support. Sim^ mona and his riflemen dismoanting and tieing their horses, the sergeant and party fired in the direction of the noise, for they could not see us. Maj. Lewis, myself and six others crossed into the road leading towards Mebane's and charged down this road after the sergeant and party, who ran, until we came within, sight of the picket. Maj. Lewis then suggested to me the advantage the riflemen might have, by passing to the right, under cover of the hill, until they should be masked by some out buildings (I think a stable and smithshop). We instantly returned and gave Capt. MISTAKES OF HISTORIANS. 205 Simmons hia instniotlomB, and the cavalry moved off to the left, through an old field, ahove where buildings have since been erected, in order to attract the attention and fire of the enemy, until the riflem'en should gain ith«dr destined position. The plan succeeded as we expected. Owing to the great distance, the cavalry sustained no damage from the enemy's fire; and as soon as the riflemen, at the distance of only fifty or sixty yards, in their concealed posi- tion, had discharged their pieces] at the picket, the cavalry charged, and the whole, consisting of twenty-seven men, were instantly killed or taken. Now, Johnson states, that this party was under the command of Col. Hugh M'CaOl, of South Carolina, and was of those who had been' with him at the Cowpens. Some two or three volunteers were along besides the Lewises as above mentioned. If Obi. M'Call was one of them, it is not remembered by me and others who were present, and of whom' I have made inquiry, since the appearance of this statement But if he was present, cert^iin I am he had no part, either in planning, or in the execution of the capture of the picket referred to. Nor did we consult respecting it with any other person, except! Maj. Lewis* (who was a real soldier). His counsels were deferred to by us, knowing, as we did, his past ser- vice and experience. But Capt. Simmons and myself gave the orders, and felt the whole responsibility. If M'Call was along, he was no more than a spectator. Several, yet living, can vouch for this. When the Brigade was organized west of the Yadkin, no offi- cers from the south were recognized but Gen. Pickens and Maj. Jackson. For we had over our proportion of field officers from North Carolina, and did not need them. When our party and prisoners arrived in camp, the brigade immediately moved nearly a North course ten or twelve ^milesl, and halted for forage, about mid-afternoon, at a farm with high fences, having left a strong guard in the rear. In half an hour, there was an alarm' by a man from the gluard, who reported "Tarletion was coming." It being too late to retreat, a disposition was made for battle by lining the fences with men, and making gaps at suitable places for cavalry to move as circumstances might require. By the time these ar- rangements were made a part of the rear guard and Col. Lee's legion moved in sight. Lee had come upon our trail a few miles *Mn J. Lewis was of Surry Ooiinty, and a near connexion of the late Governor Jes.se Franklin, wlio "was a captain in this campai^^n. His grave, though neglect- ed, is still recognized on Dlcliey's plantation in Alamance. " 206 GENERAL JOSEPH GRAHAM. back, and we were most agreeably disappointed in greeting him Instead of Tarleton. I am' confident that tMs was the first interriew between Lee and Pickens, during the campaign, and my impression always has been, that previous to this tlime neither Gen. Greene nor Col. Lee knew anything about where Pickens was, or what was his force; nor did Gen. Pickens know that any part of Greene's command bad re-crossed the Dan. 4. As I anticipated in the introduction to the sketches I fur- nished you, the historians of that War have greatly failed to do justice to the troops of North Carolina. For example, everything that was done by Gen. Sumter's force at Hanging Rock, Rocky Mount, &c., while he commanded North Carolinians in 1780, and by that of Pickens, while he coe judged with what aston- ishment and surprise the news of his defeat was re- ceived. Aboiut 11 o'clock at night, 16th August (the same day of the battle) , he arrived in Charlotte, seventy- two miles from the battle-ground. He did not dismount, but stopped two or three minutes, while one of his aides* called on Col. Thos. Polk to inform him of the disaster they had met with, and immediately passed on to Salis- bury. The news spread rapidly, and by noon the next day between three and four hundred militia were col- lected. In the evening, the village was crowded with troops in retreat from the battle and with the assembling militia. The confusion was -such that the militia could not be organized until the afternoon of the 18th. Neither officers nor soldiers of Gates' army staid any time in Charlotte, but kept moving on the Salisbury road. Gen- eral Smallwood, of Maryland, whoi commanded the re- serve in the action, was last engaged, and being pressed by the enemy in pursuit, convpelled to turn towards the *At half past eight o'clock, Col. Senf, engineer, dismounted at Col. Polk's gate, as he was preparing to step in bed, and gave the Information of the defeat, and that Gen. Gates was at the gate and wished to speak with him. On his going out the General was gone. Note by Col. Wm. Polk, to whom these manuscripts were submitted by Judge Murphey. — Ed. 244 GENERAL JOSEPH GRAHAM. Catawba. It was generally believed he was killed or taken, but on the third day after the battle, he arrived in Charlotte, to the great joy of the troops he had com- manded. His conduct in the action for skill and bravery gained him the confidence of his regulars, which in a great measure was transferred to the militia, whose officers consulted him and other regular officers as to what course they should pursue at the present crisis. They were encouraged to keep embodied and make what resistance they could, if the enemy advanced; that as soon as Congress was advised of the defeat, another army would be ordered to join them; that the enemy must have suffered much, and could not advance for some time. On the 20th, General Smallwood and the rest of the officers and privates who had been in the action set out for Hillsboro, all except Major Anderson, of the Third Maryland Eegiment, who was left behind with orders to stay ten or twelve days to collect what stragglers he could, and then follow. In that time he collected about sixty and went on. On the same day that Greneral Smallwood and the officers and men in ser- vice left Charlotte, the news was received of Sumter's defeat on the 18th. The officers commanding the Meck- lenburg militia, and some of the most influential citi- zens, convened to consult what should be done. Theirs being a frontier county, the Regulars and militia who had been in service all passing on, a numerous and vic- torious enemy shortly expected to invade them, and no expectation of assistance from Rowan County, they had to rely on their own strength and resources. Though the regular officers encouraged them toi expect assist- ance, yet from the manner in which they did it, they did GENERAL WILLIAM DAVIDSON. 245 not expect it. Several aged and respectable citizens in- sinuated that further resistance would, under such cir- cumstances, be temerity, and only produce more certain destruction to themselves and families, which by some other course might be averted. But this was indignantly repelled by a great majority, and especially those who had' been in action at Hanging Eock. Several of them stated that they then had seen the British soldiers run like sheep, and many of them bite the dust; that they were by no means invincible; that under suitable com- manders and proper arrangements, they would at any time risk a conflict with them, man to man; that their cause was just, and they confided that Providence would ultimately give them success, notwithstanding the pres- ent unfavorable appearances. As to endeavoring to obtain terms of the enemy, that was out of the question ; that their sister State, South Carolina, had tried the experiment, and found that no faith was to be placed in British promises, justice, generosity, or honor. Several of them declared that while there was any part of the North American continent to which the British author- ity did not extend, they would endeavor to occupy that. This was one of the times which emphatically "tried men's souls," rather than when, with the enemy at a distance, sitting in deliberative bodies and passing ab- stract resolves, to which it is generally applied. The result of the meeting was, that it was recom- mended to the commanding oflQcer, Colonel Irwin, to camp somewhere to the south of Charlotte, retain half the men liable to military duty, and the other half to attend to their farms, but hold themselves in readiness to join, if the enemy should advance; and that Major 246 GENERAL JOSEPH GRAHAM. Davie's cavalry ( the only corps in service yet unbroken ) patrol the country next to Camden. Colonel Irwin selected a position seven or eight miles southeast of Charlotte, between the two roads that lead to Camden from that place, and encamped behind McAlpin's Creek. In a few days he was joined by Colonel Locke with a force from Rowan. As General Rutherford had been taken prisoner at Gates' defeat, the colonels had no superior officer, and being equal in rank, a collision took place as to who should have the chief command. At that time there was no law or regulation existing to settle disputes of this kind, and unhappily the "esprit de corps" began to be manifested by those they com- manded. In about a week, the dispute was fortunately settled. The Governor of North Carolina, shortly after General Gates arrived in Hillsboro, on learning that General Rutherford was a prisoner, forwarded a com- mission of Brigadier-General to Col. Wm. L. Davidson, who had just recovered of a wound he received in the skirmish at Colson's early in July, and by the same mes- senger a commission to Major Davie as colonel of cavalry. These appointments accorded with public opinion, and settled the difficulty referred to. The General ar- rived in camp the next day after he received his com- mission, and assumed the command, to the great satis- faction of all parties. He used every exertion to in- crease his numbers and improve them in military discip- line, and Colonel Davie kept increasing his corps of cavalry as fast as the limited means of the country would admit. Several of the more ingenious blacksmiths were AID TO SOUTH OAEOLINA. 247 employed in making swords; scabbards and hangings for them were made by country shoemakers. Both were but coarsely manufactured, but found to answer the purpose. About the middle of September, General Sumner, of the North Carolina Line, arrived (the State having no Regulars in the field after the fall of Charleston). He now took command of the militia, having with him about eight hundred infantry from the counties of Guilford, Granville, Orange, etc., and several troops of cavalry which were placed under the command of Col- onel Davie. The generous efforts which North Carolina had made , against the common enemy in other States, had much impaired her powers of resistance, when the enemy in- vaded her own territory, and she found herself deserted and abandoned tO' his depredations — save by her own gallant and loyal sons in all the country west of Hills- boro. 1. Her two Continental Regiments, or battalions, which, when full, comprised fifteen hundred men each, after having served on the Hudson and in New Jersey and Pennsylvania, under the Commander-in-Chief, for three successive campaigns, were, in December, 1779, dispatched by General .Washington for the defence of South Carolina, and captured in the fall of Charleston, 12th May, 1780. ( See his letters to Major-General Lin- coln, 6 Washington's writings, by Sparks, 415; and to LaFayette, Ibid, 487.) 2. In the same disaster, 1,000 of her militia were sur- rendered to the enemy as prisoners of war. (1 Mar- shall's Life of Washington, .SS3.) 248 GENERAL JOSEPH GRAHAM. 3. At the defeat of General Gates oii the 16th of Au- gust, she had a full division of militia in the field under Major-General Caswell, and lost, in prisoners, five hun- dred men, including Brigadier-General Rutherford, and other effective and popular officers, with many trans- ports and other supplies of war. These were recent efforts, and attended with fearful losses. To go further back, her continental brigades, under Generals MJoore and Howe, had co-operated in the first defence of Charleston in 1776. At the second in- vasion of South Carolina in 1778-9, she sent to that State a full division of militia under General Ashe, besides a brigade of five-months militia under General Ruther- ford, and one of her regiments in the continental line, in which last, on this expedition, the writer served. The statute book and legislative journals of that period show repeated appeals to her for aid by South Carolina, when threatened or invaded by the enemy, and that these ap- peals were never made in vain. After the defeats of Gates and Sumter, Lord Oom- wallis' attention was occupied with the disposition of the prisoners and wounded, in arranging the civil gov- ernment in South Carolina, in making a suitable dispo- sition of garrisons in the several forts (which dimin- ished his movable forces), and in making his arrange- ments for further operations. He set out for Camden with the British army, and by slow marches arrived at Hanging Rock on the 18th of September. On the 20th, camped at Waxhaw Creek, giving time for the disaffec- ted to join him; they had hitherto been kept under by Colonel Davie's cavalry, who were at this time patrol- ling the country, and gave prompt intelligence of every CHARLOTTE. 249 movement of the British army. Davie retired before them until near General Davidson's quarters at McAl- pin's Creek, and obtained a detachment of infantry, with which he set out at noon on the 19th, marched in the night, and early next morning attacked a Tory detach- ment at Wahab's plantation, a short distance from the British camp. The particulars of this affair are well described by Lee (who, I understand, got the account of that and other affairs from General Davie himself). On the 24th September, Cornwallis marched from Waxhaw, and on the 25th encamped between McAlpin's and Sugar Creeks, ten miles south of Charlotte. He immediately detached Colonel Tarleton to strike Gen- eral Sumter, who lay about eight miles on his left, near Bigger's Ferry (now Mason's), who had collected about sixty South Carolina militia after his defeat on the 18th of August. Being in a friendly neighborhood, he had information lof Tarleton's approach, and instantly crossed to the west side of the river, and passed the South Branch up into the forks. Tarleton came to the east bank an hour after Sumter left it. When the patrols gave information of the approach of the British army, on the 25th, Generals Sumner and Davidslon broke up their camp on McAlpin's Creek and marched directly towards Salisbury, leaving Charlotte four miles on their left. General Sumner kept on until he crossed the Yadkin at Trading Ford. General Da- vidson halted behind Mallard's Creek, where the Salis- bury road crosses eight miles northeast of Charlotte. Colonel Davie and his cavalry occupied the village. General Davidson ordered Joseph Graham (who had acted as adjutant to the Mecklenburg militia since the ii50 GENERAL JOSEPH GRAHAM. fall of Charleston, and had been for some time before in the regular army under General Lincoln) to Charlotte, to take command of the militia assembling there in con- sequence of the alarm of the enemy advancing. He (Graham) was requested by Colonel Davie, as his men were best acquainted with the country and by-roads, to go down to the enemy's lines and relieve a party who had been out two days. He relieved Colonel Davie's party in the afternoon, and in the evening took four men, stragglers, at a farm adjacent to the encampment, whoi had gone out in search of milk, and sent them on to Colonel Davie. Before sunrise on the 26th, Graham's party discovered the front of the enemy advancing; and two of his men who had been sent down their left flank, reported that the whole army was in motion — that they had seen their artillery, baggage, etc., coming on. They were immediately sent to give Colonel Davie notice, and Graham's troop receded slowly before them. After go- ing a short distance the party were covered from the view of the British by a swell in the ground. They halted and fired on their front as they approached, which the enemy returned briskly, and began to deploy. Gra- ham's party moved on, expecting the British cavalry to pursue, but could see none (it turned out that they were gone with Tarleton after General Sumter). Within two miles of Charlotte, where the road from the ferry comes in, Tarleton joined them. In five min- utes after he arrived, being indisposed by his night's march. Major Hanger took command of the cavalry, and, coming in front, compelled Graham to keep at a more respectful distance. He was pursued by the front I- z ^ :j a. CHARLOTTE. 251 troop in a brisk canter for a mile ; after that they went at a common travel, until they came in sight of the vil- lage, when they halted that the rear might close up, and some of their officers endeavored to reconnoiter. Colonel Davie had nearly completed his disposition, and during the night and morning had the hospital and military stores removed. Charlotte stands on an emi- nence of small elevation above the adjacent ground, two wide streets crossing each other at right angles; the court-house was in the centre, a frame building raised on eight brick pillars ten feet from the ground, which was the most elevated in the place. Between the pillars was erected a wall of rock three and a half feet high, and the open basement answered as a market-house for the town. Suitable gaps were made in the lots and other enclosures on the east side of the village for the troops to retire with facility, when compelled. The main body was drawn up in three lines across the street leading to Salisbury, about fifty yards apart — thei front line twenty steps from the court-house. Owing to the swell in the gTound and the stone wall aforesaid, the whole was nearly masked from the view of the advancing foe, until he came near. One troop was drawn up on each side of the court-house in the cross street, at the distance of eighty yards from it. That on the left was masked by a brick house, that lom the right by a log house. Major Dickson, of Lincoln (since General Dickson), with a party of twenty men, was placed behind McComb's house, about twenty-nine poles in advance of the court- house on the left of the street. Graham's company (just arrived before the enemy), with Capt. John Brandon's troop from Eowan, were placed as a reserve in one line 252 GENERAL JOSEPH GRAHAM. at right angles with the street where the jail now stands. In about thirty minutes after the enemy made his ap- pearance; he had condensed his forces from the loose order of march, by sections, and increased the front of his columns, his cavalry arranged in sub-division, his infantry in platoons (except the Legion, which followed the cavalry). There appeared an interval of about one hundred yards between the columns; the cavalry ad- vanced at a slow pace, until iired on by Major Dicksion's party; they then came on at a brisk trot, until within fifty yards of the court-honse, when our first line moved up to the stone wall and fire^1 king's mountain. 273 CHAPTER V. BATTI^E OF KING'S MOUNTAIN. The writer of these sketches being in the hospital at the time of the battle of King's Mountain, did not parti- cipate in that action, and in his memoranda for Judge Murphey, in 1820-1-2, he furnished only the brief notices of some of its incidents. But being intimately ac- quainted with many intelligent actors in the engage- ment, he afterwards made himself familiar with all the details of the expedition; visited the battle-ground in company with some of the actors, made a difigram, illus- trative of the battle from personal survey, and prepared an account of it, which, after his death, was published in the Southern Literary Messenger. The diagram is copied, with an acknowledgment of the authorship, in Eamsey's History of Tennessee, and the account is be- lieved to have given much the most full and satisfactory narrative of the affair that had' appeared at the period of its publication. It is copied by Dr. Foote as a chap- ter in his sketches of North Carolina; and our design being to present in a connected series, according to chronology, the writer's contributions to the Revolution- ary history of the State, we here insert it with the dia- gram, and then resume the Murphey memoranda. — Ed. After the defeat of General Gates and the army under his command, on the 16th of August, 1780, and the defeat of General Sumter two days afterwards, near Rocky 18 274 GENERAL JOSEPH GRAHAM. Mount, by Colonel Tarleton, tlie South was almost en- tirely abandoned to the enemy. Most of the troops, both officers and men, who had escaped from Gates' defeat, passed through Charlotte, N. C, where most of the mili- tia of Mecklenburg County were assembled, in conse- quence of the alarm. The regular troopis chiefly passed on to Hillsboro, where Greneral Gates finally established his headquarters. William L. Davidson, who had served as Lieutenant-Colonel of the Regulars in the Northern Army, was appointed Brigadier-General of the militia in the Salisbury district, in the place of General Ruth- erford, who had been taken prisoner at Gates' defeat. He formed a brigade and encamped on McAlpin's Creek, about eight miles below Charlotte, and in the course of two or three weeks was reinforced by General Sumner (a Continental officer), but having no Regulars to com- mand, he took command of the militia from the counties of Guilford, Caswell, Orange, etc. After Gates' defeat, the attention of Lord Cornwallis was chiefly occupied with burying the dead, taking care of the wounded, and forwarding, under suitable guards, the great number of prisoners he had taken to the city of Charleston, and regulating the civil government he was ■establishing in South Carolina, and examining the state of the posts occupied by his troops on the Congaree, Ninety- Six and Augusta. By the 1st of September, he had his arrangements made, and detached Colonel Fer- gerson over the Wateree with only one hundred and ten regulars, under the command of Captain Depeyster, and about the same number of Tories, but with an ample supply of arms and other military stores. His move- king's mountain. 275 ments were at first rapid, endeavoring to intercept the retreat of a party of mountain men, who were harassing the upper settlements of Tories in South Carolina. Failing in this, he afterwards moved slowly, and fre- quently halted to collect all the Tories he could persuade to join him. He passed Broad Eiver, and before the last of September encamped at a place called Gilberts- town, within a short distance of where the thriving vil- lage of Rutherfordton now stands. His forces had increased to upwards of one thousand men. On his march to this place, he had furnished arms to such of his new recruits as were without them. The greater number of them had rifles, but a part of them had to fix a large knife they usually carried, made small enough at the butt-end for two inches or more of the handle to slip into the muzzle of the rifle, so that it might occasionally be used as a bayonet. Although Colonel Ferguson failed to overtake the detachment of mountain men alluded to, he took two of them prisoners, whoi had become separated from their comrades. In a day or two he paroled them, and en- joined them to inform the officers on the western waters that ^f they did not desist from their opposition to the British arms, and take protection under his standard, that he would march his army over the mountains, hang their leaders, and lay the country waste with fire and sword. Col. Charles McDowell, of Burke County, on the ap- proach of Ferguson with so large a force, had gone over the mountains to obtain assistance, and was in consulta- tion with Col. John Sevier and Col. Isaac Shelby as to what plan should be pursued, when the two paroled men 276 GENERAL JOSEPH GRAHAM. spoken of arrived and delivered their message from Colonel Ferguson. It was decided that each of them should use his best efforts to raise all the men that could be enlisted; and that their forces, when collected, should meet on the Wa- tauga, on the 2.5th of September. It was also agreed that Colonel Shelby should give intelligence of their movements to Col. William Campbell, of the adjoining county of Washington, in Virginia, with the hope that he would raise what force he could and co-operate with them. They met at Watauga the day appointed, and passed the mountain on the 30th of September, where they were joined by Col. Benjamin Cleveland and Maj, Joseph Winston, from Wilkes and Surry counties. On examining their forces, they were found to num- ber as follows : From Washington county, Va., under Col. Wil. Campbell 400 From Sullivan county, N. C. . under Col. Isaac Shelby _ . 240 From Washington, N, C, under Col. John Sevier. 240 From Burke and Rutherford counties, N. C, under Col. Charles McDowell ^ J60 From Wilkes and Surry counties, N. C, under Col. Benj. Cleve- land and Maj. James Winston __ 350 Total.- 1,390 Colonel Ferguson having accurate intelligence of the force collecting against him, early on the 4th of October, ordered his men to march, and remained half an hour after they had started, writing a dispatch to Lord Corn- wallis, no doubt informing him of his situation, and soliciting aid. The letter was committed to the care of the noted Abraham Collins (since of counterfeit mem- ory), and another person by the name of Quinn, with king's mountain. 277 injunctions to deliver it as soon as possible. They set out and attempted to pass the direct road to Charlotte, but having to passi through some Whig settlements, they were suspected and pursued, and being compelled to secrete themselves by day and travel by night, they did not reach Charlotte untd the morning of the 7th of Octo- ber (the day of the battle). Colonel Ferguson en- camped the first night at the noted place called the Cow- pens, about twenty miles from Gilbertstown. On the 5th of October, he crossed Broad River, at what is now called Deer's Fierry, sixteen miles. On the 6th, he marched up the Eidge Road, between the waters of the King's and Buffalo creeks, until he came to the fork turning to the right across King's Creek, and through a gap of the mountain towards Yorkville, about fourteen miles. Then he encamped on the summit of that part of the mountain to the right of the road', where he re- mained until he was attacked on the 7th. When the troops from the different counties met at the head of the Catawba River, the commanding officers met, and finding that they were all of equal grade, and no general officer to command, it was decided that Col. Charles McDowell should go to headquarters, supposed to be between Charlotte and Salisbury, to obtain Gen- eral Sumner or General Davidson to' take the command. In the meantime, it was agreed that Col. William Camp- bell, who had the largest regiment, should take the com- mand until the arrival of a general officer, who was to act according to the advice of the colonels commanding, and that Maj. Joseph McDowell should takle the com- mand of the Burke and Rutherford regiment until the return of Colonel McDowell. 278 GENERAL JOSEPH GRAHAM. Shortly after these measures were adopted, intelli- gence was received that Colonel Ferguson had left Gil- bertstown, and it was decided that they would march after him, by that place, and on their way received evi- dence that it was his design to evade an engagement with them. On the evening of the 4th of October, the colonels in council unanimously resolved that they would select all the men and horses fit for service and immediately pursue Ferguson until they should over- take him, leaving such as were not able to go, to come after as they could. The next evening the selection was made, and nine hundred and ten men, including officers, were marched before, leaving the others to fol- low. They canue to the Oowpens, where Ferguson had encamped on the night of the 5th, and there met Colonel Williams, of South Carolina, with near four hundred men, and about sixty from Lincoln County, who had joined them on their march, under Colonel Hambright and Major Chronicle. After drawing rationsi of beef, the whole proceeded on, a little before sunset, taking Ferguson's trad towards Deer's Ferry, on Broad Eiver. Night coming on, and being very dark, their pilot got out of the right way, and for some time they were lost ; but before daylight they reached near the ferry, and by direction of the officers, the pilot led them to the Chero- kee Ford, about a mile and a half below, as it was not known but the enemy might be in possession of the east- ern bank of the river. It was on the morning of the 7th, before sunrise, when they crossed the river, and marched about two miles to the place where Ferguson had en- camped on the night of the 5th. king's mountain. 279 There they halted a short time, and took such break- fast as their wallets and saddlebags could afford. The day was showery, and they were obliged to use their blankets and greatcoats to protect their arms from wet. They passed on a dozen of miles without seeing any per- son; at length, they met a lad, in an old field, by the name of Fonderin, about twelve or fourteen years of age, who had a brother and other relations in Ferguson's camp, and who was directly from it, Avithin less than three mUes. A halt was ordered, and the colonels met in consultation. Several persons knew the ground well on which the enemy was encamped, agreeably to the in- formation given by the boy of their position. The plan of battle was immediately settled, that the force should be nearly equally divided, and one-half should take to the right, cross over and occupy the southeast side of the mountain, and the other should advance to the north- west side, and that each division would move forward until they formed a junction, when all should face to the front and press upon the enemy up the sides of the mountain. Orders were given to prepare for battle by laying aside every incumbrance, examining well their arms, and guarding against alarm. The orders were speedily obeyed, and they moved forward over King's Creek, and up a branch and ravine, and between two rocky knobs, which, when they had passed, the top of the mountain and the enemy's camp upon it, were in full view, about one hundred poles in front. Here they halted and tied their horses, leaving the necessary guard with them. It was now three o'clock in the afternoon. The enemy's camp was to the right of the road, seventy or eighty poles in length, and on the siummit of the 280 GENERAL JOSEPH GRAHAM. mountain, which at this place runs nearly northeast and' southwest (the shadow of the timber at half-past one p. m. ranges with it). The troops were led on in the following order: To the right, Major Winston, Colonel Sevier, Colonel Campbell, Colonel Shelby and Major McDowell; to the left, Colonel Hambright, Colonel Cleveland, and Colonel Williams, of South Carolina. Each division moved on steadily to the place assigned to them in the order of battle. Some of the regiments suffered much under galling fire of the enemy before they were in a position to engage in the action. Some complaints began to be uttered that it would never do to be shot down without returning the fire. Colonel Shel- by replied, "Press on to your places, and then your fire will not be lost." The men led by Shelby and McDowell were soon closely engaged, and the contest from the first was very severe. Williams and Cleveland were soon in their places, and with the utmost energy engaged the foe. Ferguson, finding that the end of his line was giving way, ordered forward his regulars and riflemen, with bayonets, and made a furious charge upon Shelby and McDowell, charging down the mountain some two hun- dred yards. A united and destructive fire soon com- pelled him to order his party back to the top of the mountain. To ward off the deadly attack from Colonel Williams, Ferguson again charged with fury down the mountain. When Shelby's men saw this, they raised the cry, "Come on men, the enemy is retreating." They rallied by the time Ferguson returned from the charge against the South Carolinians, renewed their fire with great resolu- king's mountain. 281 tion. Ferguson again charged upon Shelby, but not so far as befora Colonel Williams' men, in turn, called out, "The enemy is retreating; come on, men." At this stage of the action, Hambright and Winston had met, and a brisk fire was poured upon Ferguson's men all around the mountain. As he would advance towards Campbell, Sevier, Winston and Hambright, he was pursued by Shelby, McDowell, Williams and Cleve- land. When he would turn his forces against the lat- ter, the former would press on in pursuit. Thus he struggled on, making charges and retreats, but his left was rapidly loosing ground. His men were rapidly fall- ing before the skillful aim and unbending courage of the Whigs. Even after being wounded, he fought on with courage. He made every effort that could be done by a brave and skillful officer, according to his position. At length he was shot dead, and his whole command driven up into a group of sixty yards in length and not forty in width. The British officer. Captain Depeyster, who took the command, ordered a white flag to be raised in token of surrender, but the bearer was instantly shot down. He soon had another raised, and called out for quarter. Colonel Shelby demanded, if they surrendered, why they did not lay down their arms. It was instantly done. But still the firing was continued, until Shelby and Sevier went inside the lines and ordered the men to cease. Some who kept it up, would call out, "Give them Buford's play." Alluding to Colonel Buford's defeat by Tarleton, where no quarters were given. A guard was placed over the prisoners, and all remained on the moun- tain during the night. 282 GENERAL JOSEPH GRAHAM. The party which led the left wing under Colonel Ham- bright suffered very much, having to pass very difficult ground to reach their place of destination, and within eighty yards of the enemy's marksmen. Colonel Ham- bright was wounded, and Major Chronicle was killed. Colonel Williams, of South Carolina, a brave and effi- cient ollEicer, was also killed. The loss of the Whigs was not exactly ascertained, but believed to be about thirty killed and fifty wounded. The enemy had about one hundred and fifty killed, and all the rest taken prisoners. On the morning of the 8th, a court-martial was held. Several of the prisoners who were found guilty of mur- der and other high crimes, were sentenced to be hanged. About twenty were executed. At the forks of the branch where Major Chronicle and Captain Mattocks were! buried, a monument was erected. On the east side is the following inscription : "Sacred to the memory of Maj. William Chronicle and Capt. John Mattocks, William Eabb and John Boyd, who were killed at this place on the 7th of October, 1780, fighting in defence of America." Inscribed on the western side of said monument, fac- ing the battle-ground : "Colonel Ferguson, an officer of His British Majesty, was defeated and killed at this place on the 7th of Octo- ber, 1780." COtN. JOHN WILLIAMS' TKOOPS. Col. Williams force was recruited by funds furnished by the State of North Caro- lina. In the North Carolina Legislature (Senate) on November 7th, 1788, there was introduced the Memorial and petition of Jno. Williams setting forth that his father James Williams, late of South Carolina was, in the year 1780, intrusted with a considerable sum of money to be applied to the use of this State and that by reason of death and other unavoidable accidents he cannot account for disburse- ment and application and praying direction of the Legislature. Mr. Thomas Person, Chairman of the Committee on Propositions and Grievances in the House of Commons, November 20th, submitting the following report : The committee to whom the petition of John Williams, eldest surviving son of king's mountain. 283 James Williams, of S. C, deceased, was referred, report that by a resolution of the General Assembly passed at HlUsboro in 1780 the said petitioner's father James Williams was authorized to draw the sum of $2S,000 from the Treasury of the State conditioned that the money should be applied in raising troops for the defense of this State then invaded by the British Army, that your committee are Induced to believe that the money was applied to that particular business as he was soon after the reception thereof, seen in action at the Battle of King's Moun- tain at the head of three or four hundred men where he gloriously fell. Your com- mittee therefore beg leave that a resolution be passed releasing and acquitting the said James Williams, his heirs, executors or administrators from the aforesaid draft. The following was adopted by the Legislature : Resolved, That the estate of James Williams, deceased, late of the State of S. C. be released and acquitted from the payment of $25,000 advanced to the said de- ceased in his life-time by this State for the purpose of raising men for the defense of this and the United States, it having been manifested to this Assembly that he was in action at the Battle of King's Mountain where he headed three or four hundred men and In which action he gloriously fell, a sacrifice to liberty. Col. Williams was a citizen of Granville county and afterwards moved to South Carolina. Gov. Nash gave him authority to raise a force not exceeding one hun- dred men in North Carolina. Draper, in his Heroes of King's Mountain, states that all of Williams' original force was recruited in Rowan County, North Caro- lina. He Joined Campbells troops at the Catawba river ; he had with him Chron- icle, Hambright and their troops from Lincoln county who probably united with him as he passed through their section as he would have done in marching from Charlotte to Cowpens.— Ed. 284 GENERAL JOSEPH GHAHAM. CHAPTER VI. 1. RBORGA.NIZATI0N OP GaTES' ARMY. 2. Genbrai, Greene Assumes Command. 3. Battle of Cowan's Ford (with map) Route to Salisbury and Trading Ford. I. REORGANIZATION OF GATES' ARMY. When the shattered remains of Gates' army arrived at Hillsboro, it was re-organized, and a corps of light in- fantry formed and placed under the command of Gen- eral Morgan, who had just arrived from the North. This corps and the cavalry under Colonel Washington were despatched westward, and reached Salisbury about the time the British army left Charlotte. They came and formed a junction with General Davidson, and moved in advance of Charlotte twelve miles, and encamped on Six-mile Creek, where they remained for some time. General Smallwood afterwards arrived and took the command.* The cavalry under Colonel Davie, and in- fantry under General Davidson, whose term of service expired in November, returned home. Towards the end of November, General Gates arrived with the remains of his army, at Charlotte, and recalled the commands of Smallwool and Morgan to that place. Nothing of con- sequence now occurred in this quarter, except the cap- *The Journal of the Board of War of North Carolina, established about this time, and holding its sessions at Hillsboro, affords much information respecting events of this period. It there appears, that Brig. Gen. Smallwood of the Mary- land line, was by the Legislature, then sitting at the same place, created a MaJ. Gen. and requested to take command of our State Militia a t that time in service, a proceeding which offended the sensibilities of various officers and caused Gen. Sumuer, to retire temporarily from the service. GBNBEAL GREENE. 285 ture of Colonel Rugely's party by Colonel Washington, with the pine log, so well related by all the historians. 2. GKNERAI, GREENE ASSUMES COMMAND. General Greene arrived at Charlotte early in Decem- ber and took command of the Southern army. He dis- covered that the country where the army now lay, though fertile and well cultivated, was much exhausted by being so long occupied by both armies, and decided on making a new: disposition of his forces. He ordered General Morgan, with the light infantry under Colonel Howard, and the cavalry under Colonel Washington, together with what volunteer militia could be collected, to cross the Catawba and Broad Rivers and occupy a position nearly equidistant from the British headquar- ters and their post of Ninety- Six. General Greene, with the main army, set out and took up a position beyond Pee Dee, seventy miles to^ the east; it being convenient for raising supplies of provisions and forage; calcula- ting that if the enemy should advance again, the the peo- ple of Mecklenburg and Rowan, between the Catawba and Yadkin, acting as heretofore, Avould answer the pur- pose of a central army. Lord Comwallis continued at Winnsboro waiting for reinforcements under General Leslie, and stores from Charleston. Ascertaining the security of the posts oc- cupied by his detachments, and getting accurate infor- mation of the disposition made of his troops, by his ad- versary, he broke up his encampment at Winnsboro early in January, 1781, and sent a strong detachment 286 GENERAL JOSEPH GRAHAM. under Colonel Tarleton against General Morgan, and at the same time, with his main army, advanced by slow movements between the Catawba and Broad Elvers. The movement before the battle of the Cowpens and the action itself are well described by the historians. As soon as General Davidson was advised of the Brit- ish army again advancing, he ordered out the next de- tachment which was detailed for duty from the coun- ties (the counties then composing one brigade, com- manded first by Rutherford and then by Davidson, were the old Superior Court Districts of Salisbury and Mor- gan, now composing the fourth and fifth divisions of North Carolina militia, whose returns of effective men at this time (1821) exceed twenty thousand) under his command to rendezvous between Charlotte and the Ca- tawba River. On the 19th of January, he received in- formation of Tarleton's defeat at Cowpens. On the 21st, a party of twenty Whigs who lived in the country southeast of the Cowpens (but had not been in the fight) brought into our camp twenty-eight prisoners, British stragglers, whom they had taken, most of whom were wounded; they were sent on eastwardly the same day. General Davidson being advised of the rapid advance of the British army, and the troops joining him being all infantry, and General Greene having appointed Colonel Davie to superintend the commissariat department, di- rected Adjutant Graham, who had now recovered of his wounds received in advance of Charlotte on the 26th September, to raise a company of cavalry, promising that those who furnished their own horses and equip- ments and served six weeks, should be considered as having served a tour of three months, the term of duty GENERAL GREENE. 287 •required by law. In a few days he succeeded in raising a company of fifty-six, mostly enterprising young men who had seen service, but found it difficult to pro- cure arms. Only forty-five swords could be produced, and one-half of them were made by the country black- smiths. Only fifteen had pistols, but they all had rifles. They carried the muzzle in a small boot, fastened beside the right stirrup-leather, and the butt ran through the shot-bag belt, so that the lock came directly under the right arm. Those who had a pistol, carried it swung by a strap about the size of a bridle rein on the left side, over the sword, which was belted higher than the modern mode of wearing them, so as not to entangle the legs when acting on foot. They had at all times all their arms with them, whether on foot or on horseback, and could act as infantry or cavalry, and move individually or collectively, as emergencies might require. With those arms, and mounted generally on strong and dura- ble horses, with a pair of saddle-bags for the conven- ience of the rider, and a waUet of provender for his horse, they were ready for service, without commissary, quartermaster, or other staff. After the battle of Oowpens, Lord Cornwallis was nearer the crossings on the Catawba than General Mor- gan, and continuing to move up the country, compelled Morgan to take a circuit around him. From the 24th of January until the 3d of February, Cornwallis was seldom more than twenty miles from Morgan, and some- times not half SO' far, and kept moving parallel to him ; but never came into his trail until within sixteen miles of Salisbury on the 3d of February.* *Gen. Morgan, as soon as his pursuers and prisoners were collected, marched over the Island Ford on Broad River, and up past Gilbertstown. Here he de- 288 GENERAL JOSEPH GRAHAM. On the 24t]i of January, Cornwallis reached Ram- sour's, and encamped on the hill where the battle had been fought with the Tories on the 20th June preceding. Here he remained one day, either to ascertain in what direction to search for Greneral Morgan, or to afford his numerous friends an opportunity to join him. 3. THE BATTI^E OF COWAN'S FORD. General Davidson, finding the enemy approaching so near, divided those under his command in order to guard the different fords on the Catawba. At Tuckasege Ford, on the road leadiug from Eamsour's to Charlotte, he placed two hundred men under Col. John Williams, of Surry, at Tool's Ford, seventy men under Captain Potts, of Mecklenburg, at Cowan's Ford, twenty-five men under Lieut. Thos. Davidson, of Mecklenburg. At Tuckasege and Tool's fords, trees were felled in the road, and a ditch dug and parapet made. There were no such defences at the other fords. With his great- est force, and Graham's cavalry, he took post at Beattie's Ford, on the road from Eamsour's to Salisbury, being twenty miles above Colonel Williams. On the 30th, the cavalry were despatched over the river, and ascer- tained that the enemy were encamped within four miles. Within two miles they discovered one hundred of their tached the greater part of his Militia and a part of Washingtou'.s Calvary with the prisoners. The detachment tools the Cane Creek roa A through the ledge of moun- tains, which divide the heads of the South Fork from the main Catawba, and down that river past where Moreanton now stands and crossed the Cat^,wba at the Island Ford. At the Ford Washington's Cavalry left the prisoners with the Militia and joined Morgan on his march to the east. The above note, by the writer, solves a question, on which there has been some confusion, and contradictory sta^tements, to-wit: whether Morgan crossed the Catawba at the Island Ford or Sherrill's Ford. It is here shown, that the detach- ment of his force, with the prisoners crossed, at the former but It will presently appear in the next text, that he himself, with his immediate command passed at Sherrill's Ford. j g On ike Cafau/ioL Riuer ^ and Poiition. of 1^ ike. American an4 Mr itC^ perce% gttke ■liiwe tAtftV £uqle rouMW-^cA-e Chjirce ai of Feisrufuy^ HSi, cowan's ford. 289) cavalry, who followed them to the river, but kept at a respectful distance. The dispositions that were being made caused them to fear an ambuscade. The same evening (30th), General Morgan crossed the river at Sherrill's Ford, ten miles higher up, and the next morn- ing sent on the troops under his command with Colonel Howard directly towards Salisbury. He himself and Col- onel Washington came down to Beattie's Ford about two o'clock, and in ten minutes. General Greene and his aide, Major Pierce, arrived. He had been early informed of the movements of the British army, and had first put his troops in motion, then leaving them under command of General Huger on their march towards Salisbury, he had come on to ascertain the situation of affairs, and gave orders to the officers in this quarter. General Morgan and Colonel Washington met him at this place by appointment. They and General Davidson retired with him out of camp, and seating themselves on a log, had a conversation of about twenty minutes; they then mounted their horses. General Greene and aide took the road' to Salisbury, Morgan and Washington a way that led to the troops marching under Howard. About the time General Greene had arrived, the British vanguard, of about four or five hundred men, appeared on the opposite hill beyond the river. Shortly after their arri- val, some principal officer, with a numerous staff, thought to be Lord Comwallis, passed in front of them at different stations, halting and apparently viewing us with spy-glasses. In about one hour after General Greene's departure, General Davidson gave orders to the cavalry and about two hundred and fifty infantry to march down the river to Cowan's Ford, four miles be- 19 290 GENERAL JOSEPH GRAHAM. low Beattie's, leaving nearly the same number at tliat place under the command of Colonel Farmer, of Orange. On the march he stated to the commanding ofEicer of the cavalry "That though General Greene had never seen the Catawba before, he appeared to know more about it than those who were raised on it,'' and it was the Gen- eral's opinion that the enemy were determined to cross the river; and he thought it probable their cavalry would pass over some private ford in the night; and in the morning when the infantry attempted to force a pass- age, would attack those who resisted it in the rear; and as there was no other cavalry between Beattie's and Tuckasege, he ordered that patrols who were best ac- quainted Tfith the country, should keep passing up and down all night, and on discovering any party of the enemy to have gotten over, to give immediate informa- tion to him. These orders were carried into effect. The party arrived at the ford about dusk in the evening, and after encamping, it was too dark to examine our posi- tion. At Cowan's Ford, the river is supposed to be about four hundred yards wide, of different depths, and rocky bottom. That called the wagon ford goes directly across the river; on coming out, on the eastern shore, the road turns down, and winds up the point of a ridge, in order to graduate the ascent until it comes to its proper direction. Above the coming-out place, a flat piece of ground, not much higher than the water, grown over with haw and persimmon bushes and bamboo briars, five and six yards wide, extends up the river about thir- ty-one poles to the south of a small branch and deep ravine. Outside of this, the bank rises thirty or forty cowan's ford. 291 feet at an angle of thirty degrees elevation ; then the rise is more gradual. That called the horse ford (at the present time much the most used) comes in on the west at the same place with the wagon ford, goes obliquely- down the river about two-thirds of the way across, to the point of a large island, thence through the island and across the other one-third to the point of a rocky hill. Though longer, this way is much shallower and smoother than the wagon ford, and comes out about a quarter of a mile below it. From the information received, General Davidson sup- posed that if the enemy attempted to cross here, they would take the horse ford ; accordingly he encamped on the hill which overlooks it. Lieut. Thos. Davidson's picket of twenty-five men remained at their station, about fifty steps above the wagon ford, on the flat piece of ground before described, near the water's edge. On the same day, as Cornwallis was marching to Beat- tie's Ford, about two miles from it, at Colonel Black's farm he left behind him under the command of Briga- dier-General O'Hara, twelve hundred infantry and Tar- leton's cavalry, which, in the night, moved secretly down to Cowan's Ford, only three miles below. The next day at dawn, 1st February, 1781, he had his col- umns formed', the infantry in front with fixed bayonets, muskets empty, carried on the left shoulder at a slope, cartridge-box on the same shoulder, and each man had a stick about the size of a hoop pole eight feet long, which he kept setting on the bottom below him, to sup- port him against the rapidity of the current, which was generally waist deep, and in some places more. It is stated by the historians that the river was swollen so as 292 GENERAL JOSEPH GRAHAM. to impede the passage of the British. The fact is, it was fordable from a week before until two days after this time, though a little deeper than usual. The cause of the enemy's delay must have been the disposition by General Davidson to guard the fords. The command of the front was committed to Colonel Hall, of the Guards, who had for a guide Frederick Hager, who lived within two miles of the place. They entered the river by sections of four, and took the wagon ford. The morning was cloudy, and a fog hung over the water, so that Lieut. Davidson's sentinel could not see them until they were near one hundred yards in the river. He instantly fired on them, which roused the guard, who kept up the fire, but the enemy continued to advance. At the first alarm, those under General Dav- idson paraded at the horse ford, and Graham's cavalry was ordered to move up briskly, to assist the picket, but by the time they got there, and tied their horses, and came up in line to the high bank above the ford, in front of the column, it was within fifty yards of the eastern shore. They took steady and deliberate aim and fired. The effect was visible. The three first ranks looked thinned, and they halted. Colonel Hall was the first man who appeared on horseback, behind about one hun- dred yards. He came pressing upi their right flank on the lower side, and was distinctly heard giving orders, but we could not hear what they were. The column again got in motion, and kept on. One of the cavalry riflemen* reloaded, aimed at Colonel Hall ; at the flash of (he gun, both rider and horse went under the water, and rose down the stream. It appeared that the horse had » Thomas Barnett, yet living. cowan's ford. 293 gone over the man. Two or three soldiers caught him and raised him on the upper side. Tlie enemy Itept steadily on, notwithstanding our fire was well main- tained. As each section reached the shore, they dropped their poles and brought their muskets and cartridge- boxes to their proper places, faced to the left, and moved up the narrow strip of low ground, to make room for the succeeding section, which moved on in the same manner. By the time the front rank got twenty or thirty steps up the river, they had loaded their pieces and began to fire up the bank. The Americans receded a few steps back, and when ready to fire would advance to the summit of the hill, twenty-five or thirty steps from the enemy, as they devolved up the river bank. They had gained the ford and just commenced firing when General Davidson arrived from the horse ford with the infantry, and finding his cavalry on the ground he chose to occupy, and impressed with the opinion given by General Greene, that the enemy's cavalry would attack them in the rear, he ordered Graham's men to mount and go up the ridge and form two hundred yards be- hind. As they moved off, the infantry took their places, and the firing became brisk on both sides. The enemy moved steadily forward, their fire increasing, until their left reached the mouth of the branch, upwards of thirty poles from the ford. The ravine was too steep to pass. The rear of their infantry and front of their cavalry was about the middle of the river when the bugle sounded on their left, on which their fire slackened and nearly ceased (they were loading their pieces). In about a minute it sounded again, when their whole line from the ford branch advanced up the bank, with their 294 GENERAL JOSEPH GEAHAM. arms at a trail. The hill was in many places so steep that they had to pull up by the bushes. General Davidson, finding them advancing with loaded arms, ordered a retreat for one hundred yards. On gaining the point of the ridge, their fire was so heavy that he had to recede fifty steps beyond the ground assigned for formation ; he then ordered his men to take trees, and had them arranged to renew the battle. The enemy was advancing slowly in line, and only firing scat- teringly, when General Davidson was pierced by a ball and fell dead from his horse. His infantry retreated in disorder from the unequal contest. They dispersed in small squads, and took through the thickets in order to evade the enemy's ca- valry. Graham's cavalry, which was formed about one hundred yards in the rear of where Davidson fell, moved off in order. The General was shot with a small rifle ball, near the nipple of the left breast, and never moved after he fell. It was well known that their pilot, Frederick Hager, had a rifle of this description, and it was always believed that he shot him. Most of the other Tories returned at or before the end of the war, but Hager Avent to Tennessee and stayed there until some of the Davidson family moved to that country, when he moved with eight or ten others, all fugitives from justice, and made the first American settlement on the Arkansas River, near Six Post, married and raised a family there, and died in the year 1814. Maj. David Wilson and two others found the General's body in the evening, carried him off in the. night, and buried him at Hopewell Church. The cowan's ford. 295 grave is yet known, and though Congress afterwards passed a resolution appropriating five hundred dollars for the monument, strange to tell nothing is yet done to execute it. For his biography, see Lee's Memoirs. At an early hour, Cornwallis placed his remaining force in array on the face of the hill fronting Seattle's Ford ; and as soon as the firing commenced at Cowan's Ford', made demonstrations of attacking the post at Seattle's. A! company went into the water forty or fifty steps and fired. Four pieces of artillery fired smartly for thirty minutes, and his front lines kept firing by pla- toons, as in field exercises. It was only a feint, how- ever. Few shot of the musketry reached the opposite shore, and the artillery did no injury, but cut off the branches of some trees near our line, which was masked by the point of the hill from the enemy's fire. The ford was one hundred yards higher up then than now. When the British were deploying up the bank at Cowan's Ford, owing to the fog and density of the atmosphere, the re- port of the artillery and platoons at Seattle's came down the river like repeated peals of thunder, as though it were within a mile, and was heard over the country to the distance of twenty -five miles. Although it had no effect on our troops engaged at Cowan's ( for they acted well under the circumstances ) , yet it had a wonderful effect on the people of the adjacent country. Hitching up their teams in great haste, and packing up their most valuable goods and some means of subsistence, the men who were not in service and women and children abandoned their homes and drove off in different direc- tions. In one hour after the firing, the whole countr^^ appeared in motion, but unfortunately too many of them 296 GENERAL JOSEPH GRAHAM. fled into the Salisbiiry road. The baggage and provis- ion Avagons had started from Cowan's as soon as the action began. Graham's cavalry maintained their order and expected the enemy's cavalry would' pursue the bag- gage. A disposition was therefore made by placing four men with good horses as a rear guard, and despatching two others to give directions to the wagon master if he heard firing in his rear, to cause the teamsters to cut the horses from the wagons and clear themselves. IMov- ing on slowly, halting occasionally, and no enemy ap- pearing, it occurred to the commanding officer that the enemy's design must be to take Colonel Farmer in the rear at Beattie's Ford (if he had maintained his posi- tion against the tremendous cannonade). It was be- lieved he had no intelligence of their being actually across below the ford. The cavalry filed along a by- road to give him notice, intending to form a junction M'ith the foot one and a half miles from the ford at a farm. An old lady (the only person at the place) in- formed them that shortly after the firing had ceased, General Davidson's aide had given notice to the party at Beattie's, and they had retired already some distance on the Salisbury' road. Some rain had fallen, and the men were wet and cold, and both men and horses hav- ing had but a scanty supply of provision at Cowan's the evening before, it was concluded to get some sustenance and take it off a mile or two in the woods and eat it. Videttes were ordered out, and agreeably to rule in such cases, each right-hand file ordered to dismount and procure food for himself, comrade and their horses, while the left file held the horses. They had not gotten halt their supply when one of the videttes gave notice cowan's foed. 297 that on the other side of the farm some men were in view, believed to be the enemy, but having hussar cloaks over their uniforms, could not be clearly ascertained. But by the tails of their horses being docked square off, which all knew was the mark of Tarleton's cavalry, they were instantly recognized, and orders given to mount, front- ing the enemy. When all were in their places, they wheeled off and up a lane, the whole British cavalry coming briskly round the farm on the other side. When Graham's party passed over a rise in the ground beyond the lane, they turned short to the right, and in twenty- five poles crossed a swampy branch. When the advance got over, they wheeled to protect the rear, but the enemy were so eager in pursuit, that they did not discover them, but kept on at a brisk gallop along the Salisbury road. This was about two miles from Torrence's Tavern, whither they were bound. The men who retreated from Beattie's Ford, and some of those who had been at Cowan's, and many others, some of them South Carolina refugees, as they arrived at Torrence's Tavern, halted. Being wet, cold and hun- gry, they began to drink spirits, carrying it out in pails- ful. The wagons of many of the movers, with their property, were in the lane, the armed men all out of order and mixed with the wagons and people, so that the lane could scarcely be passed, when the sound of alarm was given from the west end of the lane, "Tarleton is coming." Though none had had time to become in- toxicated, it was difficult to decide what course to pur- sue at such a crisis. Capt. Nathaniel M. Martin, who had served under Colonel Davie, and six or eight others (armed as cavalry), rode up, meeting the enemy, and 298 GENERAL JOSEPH GRAHAM. calling to the men to get over the fences and turn facing the enemy — that he could make them halt until they could be ready; some appeared disposed to do so; others, when they crossed the fence, kept on, some with their pails of whiskey. Martin moved forward until within fifty yards of the enemy. They halted near two minutes. Tarleton could readily discover the confusion and disorder that prevailed. One of his party fired a carbine and shot down Captain Martin's horse; he was entangled and taken prisoner, but escaped from the guard two daysi after. Tarleton and corps charged through the lane. The militia fled in every direction. Those who were on horseback and kept the roads were pursued about half a mile. Ten were killed, of whom several were old men, unarmed, who had come there in the general alarm, and a few were wounded, all with sabres ; but a few guns were fired. On the return of the dragoons from the pursuit, they made great destruction of the property in the wagons of those who were moving ; ripped up beds and strewed the feathers, until the lane was covered with them. Everything else they could destroy was used in the same manner. At Cowan's Ford, besides General Davidson, there were killed James Scott, of Lieutenant Davidson's picket; Robert Beatty, of Graham's cavalry, and one private of General Davidson's infantry — in all, four. We had none "iiounded or taken. The enemy's loss, as stated in the official account, published in the Charleston Gazette, two months after, was Colonel Hall, of the Guard, and another officer and twenty-nine privates — thirty-one in all killed, and thirty-five wounded. They left sixteen who were so badly wounded that they could cowan's ford. 299 not be taken along, at Mr. Lucas' (the nearest farm), and a surgeon under protection of the flag was left with them. Two wounded officers were carried on biers, and such of the other wounded as could not walk were hauled in wagons. Some of their dead were found down the river some distance, lodged in fish traps and in brush about the banks, on rocks, etc. An elegant beaver hat, made agreeably to the fashion of those times, marked inside, "The property of Josiah Martin, Governor," was found ten miles below. It never was explained by what means his Excellency lost his hat. He was not hurt himself. When General O'Hara sent on Tarleton, his men kindled fires on the battle-ground to dry themselves, cook their breakfast, etc. They buried their dead, dis- posed of their wounded, and about midday he marched, and in the afternoon united with Lord Cornwallis at Given's plantation, two miles from Seattle's Ford, and one mile south of the Salisbury road. Tarleton joined them before night. It had rained at times all day, and in the evening and night it fell in torrents. The men under Colonel Williams and Captain Potts who were guarding at Tuckasege and Tool's fords, had early notice of the enemy's crossing, and retired. The different parties met in the afternoon at John McK. Alexander's, eight miles above Charlotte. By noon the next day all the men who were not dispersed, were col- lected near Harris' Mill on Rocky River, ten miles from the enemy. On the second of February the morning was clear, though the roads very bad with the rain that had fallen the preceding night. The British army marched ten miles to Nelson's plantation, and encamped. On their 300 GENERAL JOSEPH GRAHAM. way they burnt Torrence's Tavern, at that time kept by the widow Torrence ; her husband had been killed at the battle of Eamsour's Mill; and the dwelling of John Brevard, Esq. Mr. Brevard was the father-in-law of General Davidson, and at that time had several sons in the regular service. No other cause could be assigned for this barbarous mode of warfare. One of these sons was Dr. Ephraim Brevard, the author of the famous Mecklenburg Eesolutions. He had been captured in the surrender of Charleston, and died of disease con- tracted while a prisoner, in the summer of 1780. Being now within twenty miles of Salisbury, the British General, not doubting that the rains and bad roads would obstruct the march of General Morgan as much as it did his own, on the 3d of February marched at an early hour. His pioneers opened a kind of track in the bushes on each side of the road for a single file. The wagons, artillery and horsemen only kept the road. By the time they got within eight miles of Salisbury, their line of march was extended four miles, but there were no troops near to intercept them. Their van ar- rived in Salisbury about three o'clock. Before the rear came in, Brigadier-General O'Hara and the cavalry moved on. It was seven miles to the Trading Ford on the Yadkin, and it was getting dark when he came near. General Morgan had passed his regulars and baggage all over, and there remained on the south side only one hun- dred and fifty militia and the baggage wagons of the troops which had escaped from Cowan's Ford, and some others. Finding the British approaching, the militia were drawn up near a half mile from the ford, where a branch crosses which was covered with small timber cowan's ford. 301 and bushes, and there was an old field along the road in their front. When O'Hara came, twilight was nearly gone. The American position was low along the branch, nnder shade of the timber ; that of the advancing foe was open and on higher ground, and between them and the sky, was quite visible. When they came within sixty steps, the Americans commenced firing, the enemy re- turned it and began to form in line. As their rear came up, they extended their line to the right, and were turning the left flank of the militia by crossing the branch above. This being discovered, a retreat was ordered after having fired, some two, some three rounds. It was easily effected in the dark. They passed down the river two miles and crossed over, abandoning the baggage and other wagons which could not be gotten over, to the enemy, after taking out the horses. Two of the militia were killed ; the loss of the enemy was not known, but from appearances of blood in different places, believed to be ten or twelve. They were by far the most numerous, yet from the positions of the con- tending parties were most exposed. After the firing ceased, the British marched on to the river, but found the water was too deep to ford, and still rising, and that General Morgan, encamped on the other side, had with him all the boats and canoes. General O'Hara returned to Salisbury the same night, notwithstanding the badness of the roads. Those under his command marched thirty-four miles in the course of this day and part of the night. On the 4th, the army needed rest, and their commander being, it is supposed, undecided what course to pursue, they remained in Sal- isbury. 302 GENERAL JOSEPH GEAHAM. N. B. — General Graham Is mistaken as to Cornwallis crossing the Catawha at Seattle's Ford. In his account of the affair as stated in the Coloniad Records, lately published by the State, he says he crossed at Cowan's. He issued complimentary orders to his troops for their behavior on that occasion. He seenJs to have committed the management of the crossing tO' the direction of General O'Hara and not! to have assumed command until the union with Webster's forces who crossed at Seattle's Ford. Major Stedman, his commissary, says Cornwallis' horse was killed at Cowan's Ford. Cornwallis delayed several days — from the 20th to the 23rd of January — in the country between Gilbertstown and Tryon Court House. He probably expected Morgan to retreat on the south side of South Mountains as the nearest route to reinforcements. Gene- ral Greene's main body of troops had been at Cheraw. Morgan, however, went around the South Mountains, came by where Mor- ganton is now located, then along the "State road" by the site of Maiden, to Mrs. Bollcks. Here he sent the prisoners on to Island Pord, where they crossed on the 29th of January, he with a portion of his troops took the Sherrill's Ford road, placing himself be- tween Cornwallis and the prisoners, and crossed the Catawba on the 30th, while Cornwallis was at Forney's. Cornwallis reached Ramsour's Mill (Lincoln ton) before Morgan did the site of Maiden; he probably passed Maiden while Corn- wallis was at Ramsour's, only nine miles distant. At any time from the 24th to the 28th fifteen miles to the left would have placed Cornwallis between Morgan and the Catawba River. BATTLE OF COWAN^S FORD — THE NARRATIVE BY ROBERT HENRY. In 1891, Judge Schenck had this narrative printed in pamphlet form. It was prepared by Robert Henry in 1855. Dr. Draper and Judge Schenck pronounced it an historical narrative of importance: it is therefore necessary to notice some of its statements. I. That Joseph Graham was not present. This scarcely deserves attention. I do not suppose the endorsers intend to approve this statement; for he cowan's ford. 303 who disputed General Graham's veracity simply im- peached his own. Mr. Henry states that he took position on the left or lower flank of Lieutenant Davidson's picket on the bank of the river — Captain Graham, as commanding officer, was with his reserve or main force. When he advanced into action he probably was on the right flank, opposite where the British landed, or on centre. When the in- fantry came to the "upper ford," the cavalry, by com- mand of Greneral Davidson, took position on the rear, as indicated on the map. Mr. Henry never went above his first position, and probably never saw Captain Graham. It is therefore not necessary to impute wilful misrepresentation to him on his erroneous statement. II. That no one was killed except General Davidson. The privates who were killed were buried by the Brit- ish with their own dead on rising ground near the scene of conflict, and with such haste as to leave a mattock be- hind them. III. That not a shot was fired on either side until the British reached the bank, and that this shot killed Gen- eral Davidson. The ofiicial reports of the British officers confirm General Graham's statement. Lord Cornwallis, on the 2d of February, in general orders, returns his "thanks to the brigade of Guards for their cool and determined bravery in the passage of the Catawba while rushing through that long and diffi- cult ford under a galling fire." See also reports of Tarleton and Steadman. General Davidson's body was not found and buried 304 GENERAL JOSEPH GRAHAM. by the British, as it would have been had he been killed near the bank. He must have fallen on the line by which the Americans retired, and in a different direction from that which the British took in leaving the place. Richard Barry, one of the men who recovered his body that night, was in this fight, and probably knew where he fell ; it was a dark, rainy night. The geography of the place where the British landed also corroborates General Graham. That the position of General Davidson at the commencement of the en- gagement was as located by General Graham on the map is well established by history and tradition. Many of the participants in this battle lived in the immediate vicinity, and confirmed this. IV. That Doc Beal and not Fred Hager was the guide to the British, and fired the shot which killed General Davidson. Hager, as stated by General Graham, fled to Tennes- see, and afterwards to Arkansas. His family and friends accepted this statement as true. The writer has lived within eight miles of Cowan's Ford for forty years, and has never heard any statement or seen any document to the contrary, unless it be that of Major Steadman, Lord Cornwallis' commissary, who says that the guide fled at the flrst fire, and that Colonel Hall, not knowing the ford, took the shortest cut to the bank of the river. Colonel Hall followed the well-known course of the "wagon ford," which led directly across the river; if he had been on the "horse ford" he would have been too far down to go directly across, and must have had a guide to direct him. If Major Steadman is correct as to the flight of the guide, it seems to have THE HENRY NARRATIVE. 305 been some other than Hager, as it is improbable that he would have fled the country if the reports concerning him were untrue. It does not seem likely that Colonel Hall would have permitted his guide to flee. It was light enough for the American army to see the enemy two hundred yards distant, and he would have been plainly visible in attempting to escape. A commissary is seldom found at the head of a column in time of ac- tion. Major Steadman most probably wrote from "hear- say." Colonel Hall was killed and did not report. He went by the upper ford, which led more directly to Web- ster at Beattie's Ford. General Graham was well acquainted with the men who recovered General Davidson's body, also Colonel William Polk, who was near him when he fell; and if he did not know the spot, in the preparation of his map, could have learned it from them. He married about two miles from Cowan's Ford, in the Hopewell congre- gation. Maj. David Wilson was his wife's uncle, and Mr. Barry her neighbor. His home was only twelve miles distant. By social intercourse for forty years, he had ample opportunity to obtain correct accounts of all occurrences not witnessed by himself. Mr. Henry wrote his narrative seventy-five years after the occurrences related therein. It is an endeavor of a person ninety years of age to recall, without visiting the locality, what occurred when he was a lad of sixteen. He was, according to his account, an individual actor, and belonged to no command on this occasion. He came up the river and took position on the lower flank of Lieutenant Davidson's picket on the bank. He re- treated down the river to below Tuckasege Ford, some 20 306 GENERAL JOSEPH GRAHAM. ten or twelve miles, and could have known nothing of the manner of retreat, as he did not remain to see how it was done. The reader can judge where there is material variance in the narratives of the writers, which had better oppor- tunities to obtain correct accounts, and who is best sus- tained by official history and tradition. Examination of the map will also aid the student. — W. A, Graham. SHALLOW FORD. 307 CHAPTER VII. FROM COWAN'S FORD TO GUILFORD COURT- HOUSE. ShaIvLow Ford. Gbnbrai, Pickkns Assumes Command. Hart's Mii