GopghtN?.. COPYRIGHT UiiPOSm SCHOOL HISTORY OF NORTH CAROLINA, FROM 1584 TO THE PRESENT TIME. BY JOHN W. MOORE. SECOND EDITION-REVISED SND ENLARGED, BY STATUTE OF ASSEMBLY, TO BE USED IN ALL THE PLTBLIC SCHOOLS OF THE STATE. RALEIGH: ALFRED WILLIAMS & CO., Publishers. UZZELL & WILEY, PRINTERS. 1882. f* Entered according to Act of Congress, in the year 1881, by ALFRED WILLIAMS & CO., In the office of the Librarian of Congress, at Washington. C > I PREFACE. In submitting a new edition of this work to public uses, it may not be amiss that something should be said by the author regarding the changes made in the book. However kindly the reception of the first edition, it has been evident to those who have made use of that volume in teaching, that the style of the narrative might be somewhat improved and that tin- mention of fewer names would be desirable. Some of the most popular teachers of the State have been consulted as to the' style best adapted to the school-room, and thanks are returned for their valuable suggestions. It lias been the aim of the author, in preparing this edition, to give only such an account of the events, and the actors therein, as would be most likely to remain in the memory of youthful minds. With this view, the men and events that have really moulded our history and institutions are mentioned, and mentioned as fully as is advisable in a work of such size as suits the primary and intermediate classes in school. It is believed that both teachers and pupils will approve the changes effected. The valuable "History of Rowan County," by Rev. Jethro Rumple, and many other new sources of information, have been used in the preparation of this edition; and great care, both in the writing and publication of the book, has been exerted to secure accuracy. It is almost impossible to make a perfect book, and there may be errors in this one, but the author earnestly requests that he may be informed of any mistakes that may be discovered, in order that they shall be corrected in future editions. By these friendly suggestions and corrections, the work will be greatly improved from time to time, and its usefulness largely in- creased. Many events have transpired within the borders of North Carolina. which were not of local importance alone, l»nt they were national in char- acter. These things have been either ignorantly or intentionally over 1 looked by nearly all the writers of histories of the United States for Bchools, and we can preserve them in the minds of our children only by teaching them North Carolina history. Our people should never forget that: IV PREFACE. The first open resistance to the "Stamp Act" was in Wilmington, in 1765, nearly six years before the tea was thrown overboard in Boston harbor ; The first blood shed in the Revolution was at Alamance, in 1771, four years before the affair at Lexington ; The first Declaration of Independence was at Charlotte, in May, 1775, fourteen months before the declaration at Philadelphia ; The first instructions of delegates for independence in the Continental Congress, were those of North Carolina, agreed upon at Halifax, in April, 1776, long in advance of all others in America ; The first martyr to the Southern cause, was seen in the shed blood of private Henry Wyatt, of Edgecombe county, slain at Big Bethel, in Vir- ginia, June 10, 1861. If North Carolina was "deliberate" on this occasion, she was, at least, the first of all the States to suffer. These are great honors which justly belong to the " Old North State," and we must not allow them to be deliberately taken from us, or robbed of their weight as parts of the nation's past, by the prejudices and sectionalism of modern writers of American history. Hoping that this little work will redound to the honor of the grand old Commonwealth in whose behalf it was written, the author hereby returns thanks for the kindness with which he has heretofore been treated, and asks no higher guerdon than such public recognition that he has done some- thing for the good of his native State. Raleigh, N. C, November 1, 1881. CONTENTS. CHAPTER I. THE INDIANS. PAGE. The different Tribes in North Carolina — Their Government— Occupa- tion — Traits in War — Relicts 1 CHAPTER II. SIR WALTER RALEIGH. Events of the Sixteenth Century— Queen Elizabeth— Her Meeting with Walter Raleigh— The Bark Raleigh— Sir Humphrey Gilbert's Expedition — Loss of the Squirrel and Crew 6 CHAPTER III. DISCOVERY OF AMERICA. Return of the Hind— The Queen's Second Grant— Amadas and Bar- low's Expedition— Wocoken — Landing on the Shores of North Caro- lina— Visit of the Indians— A Kindness Returned— Granganimeo — Wingina, the Indian King — Manteo and Wanchese go to England — Return of the Mariners— Delight of the Queen— " Virginia"— Raleigh Elected to Parliament 10 CHAPTER IV. GOVERNOR LANE'S COLONY. Ralph Lane Appointed Governor of Roanoke — Sir Richard Grenville— The City of Raleigh— Exploring Indian Towns— An Indian Story- Governor Lane's Search for Gold— A Savage Attack— Wingina's Plot and its Failure— Sir Francis Drake— Return of Lane's Colony, 15 CHAPTER V. GOVERNOR WHITE'S COLONY. Sir Richard Grenville Leaves Fifteen Men on Roanoke— < rovernor White's Colonv— The "Lord of Roanoke"— Birth of "Virginia Dare"— Governor White's Return to England— The "Invincible Spanish Armada"— "Croatan"— The Lost Colonv CHAPTER VI. THE FATE OF RALEIGH. Death of Queen Elizabeth— Succession of King James— Arrest, Con- viction, Imprisonment and Execution of Sir Walter Raleigh— Settle- ment of Jamestown— Religious Persecutions in Virginia— Roger Green's Colony ~° I'D VI CONTENTS. CHAPTER VII. KING CHARLES II AND THE LORDS PROPRIETORS. PAGE. Changes in the English Government — The "Lords Proprietors" — Earl of Clarendon — Earl of Shaftsbury — Sir William Berkeley — "Carolina" Named — The Albemarle Colony — Condition of the Province 30 CHAPTER VIII. GOVERNOR DRUMMOND AND SIR JOHN YEAMANS. King Charles II — William Drummond, the " Governor of Albe- marle" — Death of Governor Drummond — The new Grant of 1665 — Sir John Yeamans — The "Clarendon Colony" — George Dnrant — Navigation ,_ 35 CHAPTER IX. GOVERNOR STEPHENS AND THE FUNDAMENTAL CONSTITUTIONS. Governor Stephens appointed — The Government — Earliest Recorded Legislation — The Albemarle Precincts — Locke's "Grand Model" — The "Navigation Act" and the "Fundamental Constitutions" 39 CHAPTER X. EARLY GOVERNORS AND THEIR TROUBLES. Governor George Cartwright — Eastchurch and Miller — Miller As- sumes Charge of Affairs in Carolina — John Culpepper Replaces Miller 43 CHAPTER XI. LORD CARTERET ADDS A NEW TROUBLE. Seth Sothel sent to Govern Carolina — Philip Ludwell and Alexander Lillington — Governor Robert Daniel — Troubles About the "State Church" 47 CHAPTER XII. THOMAS CAREY AND THE TUSCARORA WAR. Governor Carey Disappoints his Constituents — Governor William Glover's Betrayal — Rival Governments — Governor Edward Hyde Arrives — The Tuscaroras Begin War — Baron de Graffenreid and John Lawson — Colonel John Barnwell Aids the Province — Colonel James Moore — Defeat of Handcock — Yellow Fever — Death of Gov- ernor Hyde — Governor Thomas Pollock 51 CHAPTER XIII. GOVERNOR EDEN AND BLACK BEARD. Tom Blunt and his Reservation — The Tuscaroras in South Carolina — Colonel Maurice Moore Aids the South Carolinians Edward Teach, the Pirate — Lieutenant Robert Maynard and Black-Beard — The Battle '. 56 CONTENTS. VI T CHAPTER XIV. GOVERNOR GABRIEL JOHNSTON. PAGE, Governors Pollock and Reed — North Carolina's Counties— Governor George Burrington — Burrington and Everhard Pight in Edenton — Purchase of North Carolina by the King — The Sing Returns Gov- ernor Burrington — Governor Gabriel Johnston — A Peaceful Ruler — Dr. John Briekell's Expedition — North Carolina Troops Sent to South America — Carthagena — Scotch Emigrants — Flora McDonald — North Carolina's Prosperity 60 CHAPTER XV. THE PIRATES AND OTHER ENEMIES. Pirates in the Cape Fear — Defence of the People at Brunswick — The First Printing Press — The First Newspaper — Wachovia — Governor Matthew Rowan — French Fortifi cations — Fort Du Quesne — Colonel James Innes Sent to Aid the "Old Dominion" — Promotion of Col- onel Innes — The Virginians Offended — Return of the Expedition... 65 CHAPTER XVI. GOVERNOR ARTHUR DOBBS. Religious Growth — Colonel Hugh Waddell and the Cherokees — Wil- liam Pitt — Increase of Population — Exports in 1754 — "Tower Hill" — Francis Corbin — War against the Extortioners 69 CHAPTER XVII. GOVERNOR TRYON AND THE STAMP ACT. Governor William Tryon Arrives — Miss Esther Wake — Life in Albe- marle — Rev. George Whitfield — The Stamp Act — Trouble in Wil- mington with the King's Agents — The Stamps Arrive — A Storm Brewing — Repeal of the Stamp Act 73 CHAPTER XVIII. GOVERNOR TRYON AND THE REGULATORS. Extension of the Settlements — Burdensome Taxation — Colonel Ed- mund Fanning — Herman Husbands — The "Regulators" — Trouble at Hillsboro — Tryon to the Rescue — Tryon on the War-path — The Battle of Alamance 77 CHAPTER XIX. GOVERNOR MARTIN AND THE REVOLUTION. Governor Tryon Departs — Major Josiah Martin Becomes Governor — Colonel John Harvey — "Committee of Correspondence" — Governor Martin's Opposition — The First Provincial Congress — Dawn of the Revolution 81 VIII CONTEXTS. CHAPTER XX. LAST OF THE ROYAL GOVERNMENT. PAGE. The Second Provincial Congress — Lexington — Excitement at Char- lotte — The "Mecklenburg Declaration of Independence" — Death of Colonel Harvey — The Provisional Government — Flight of Gov- ernor Martin 86 CHAPTER XXI. THE REVOLUTION. "Tories" and "Whigs" — Preparations for War — Battle of Moore's Creek — Effects of this Victory 90 CHAPTER XXII. INDEPENDENCE DECLARED. The Halifax Congress — Independence Declared at Philadelphia — The " Council of Safety " — Excitement in North Carolina — Troops Ordered to Charleston — Indian Massacre in the West — General Griffith Rutherford — North Carolina Constitution Adopted — Gov- ernor Richard Caswell — The New Government 94 CHAPTER XXIII. THE WAR CONTINUED. Opinions of the Leaders — North Carolina Troops at the Nortli — Gen- eral Abner Nash — Battle of Brandywine — Germantown — Courts Established — Fall of Savannah 98 CHAPTER XXIV. STONY POINT AND CHARLESTON. Battle of Brier Creek — Stony Point — Major Hardy Murfree — Gov- ernor Abner Nash — Capture at Charleston — Lord Cornwallis — Defeat of Colonel Buford at Waxhaw 102 CHAPTER XXV. THE MEN OF THE MOUNTAINS AND THE BATTLE OF CAMDEN. Battle of Ramsour's Mill — Flat Rock — Hanging Rock and Musgrove's Mill — General Horatio Gates — Surprise of Colonel Armand's Com- mand — Battle of Camden 106 CHAPTER XXVI. THE INVASION OF CORNWALLIS. Colonel Patrick Ferguson — Exploit of Colonel Davie and Major Gra- ham at Charlotte — Colonel Campbell, of Virginia, put in Command — Battle of King's Mountain — Death of Colonel Ferguson — North Carolina again Free of Invaders — General Nathaniel Greene 110 CONTENTS. IX CHAPTEK XXV I r. CORNWALLIS' LAST INVASION. PAGE. General Greene's Plan of Operations — Battle of Cowpens — General Greene Begins the Famous Retreat — Rise of the Catawba — General Morgan Leaves the Service — Cowan's Ford and Torrence's Tavern — General Greene at Salisbury — Mrs. Elizabeth Steele's Generosity — Rise of the Yadkin River — General Greene Crosses the Dan River — End of the Famous Retreat 114 CHAPTER XXVIII. BATTLE OF GUILFORD COURT-HOUSE. Cornwallis at Hillsboro — "Pyle's Hacking-Match" — Affair at Whit- sell's Mill — Lieutenant Colonel Wilson Webster's Bravery — Battle of Guilford Court-House — Flight of Cornwallis — North Carolina Redeemed — David Fanning — Governor Thomas Burke 118 CHAPTER XXIX. INDEPENDENCE ACKNOWLEDGED. Cornwallis Leaves Wilmington — Major James H. Craig — Colonel David Fanning — Attack on Colonel Philip Alston's House — Defeat of Colonel Wade at McFall's Mill — Governor Burke Captured — Battle of Lindley's Mill — Battle of Elizabethtown — Major Craig Takes his Departure „.... 122 CHAPTER XXX. PEACE AND INDEPENDENCE. Treaty of Peace — Governor Burke Escapes — Governor Alexander Martin — Payments to North Carolina Soldiers 126 CHAPTER XXXI. THE STATE OF FRANKLAND. David Caldwell and Samuel E. McCorkle's Schools — North Carolina's Great Gift to the General Government — The Gift Rejected — Col- onel John Sevier — The "State of Frankland" — Troubles in the West — Disappearance of the New State 130 CHAPTER XXXII. FORMATION OF THE UNION. Divisions — The "Federalists" and the "Republicans" — Delegates to the Philadelphia Convention — North Carolina Rejects the Federal Constitution— The Constitution Adopted — The University Created.. 134 CHAPTER XXXIII. FRANCE AND AMERICA. Death of Governor Caswell — Governor Alexander Martin — The Capi- tal Located at Raleigh — Governor Richard Dobbs Spaight 138 CONTENTS. CHAPTER XXXIV. THE FEDERALISTS AND REPUBLICANS. PAGE. The Superior Courts — Death of Judge Spencer — Corner-stone of the University Laid — The First Faculty and First Student — James Glasgow and the "Land Frauds" 142 CHAPTER XXXV. CLOSING OF THE EIGHTEENTH CENTURY. General William R. Davie — Nathaniel Macon — Prominent Lawyers — Court Changes — Governor Benjamin Williams — Eli Whitney and the Cotton Gin — The Great Revival 146 CHAPTER XXXVI. GROWTH AND EXPANSION. The Bingham School — Internal Improvements Demanded — General James Wellborn's Proposition — The War of 1812 150 CHAPTER XXXVII. SECOND WAR WITH GREAT BRITAIN. Governor William Hawkins — North Carolina's Soldiers — Defences — Captain Johnson Blakeley — Captain Otway Burns — Colonel Joseph Graham and the Creek Indians — Peace 154 CHAPTER XXXVIII. AFTER THE STORM. The Moravians — Trade of the Towns — Dr. Joseph Caldwell — The Churches — The Supreme Court — Bartlett Yancey :.... 158 CHAPTER XXXIX. THE WHIGS AND THE DEMOCRATS. "Constitution Troubles" — The Slavery Question — Visit of General La Fayette — Slavery Troubles 162 CHAPTER XL. CONDITION OF THE STATE. Eastern and Western Divisions in North Carolina — The Western Con- vention of 1823— The "Convention Bill" — Burning of the Capitol —The Convention of 1835— Governor Edward B. Dudley 166 CHAPTER XLI. THE COURTS AND BAR. The Dismal Swamp Canal — Supreme Court Judges — The Bar of North Carolina 170 CONTENTS. XI CHAPTER XLII. ORIGIN OF THE PUBLIC SCHOOLS. PAGE. Schools Incorporated — Educational Fund — The Literary Board — Col- leges Established — Salem and Saint Mary's Schools 174 CHAPTER XLIII. SLAVERY AND SOCIAL DEVELOPMENT. The Free Negroes — Slavery Laws — Harsh Legislation — The Northern States and Slavery — Religious Changes 178 CHAPTER XLIV. THE MEXICAN WAR. Governors Branch and Morehead — Governor William A. Graham — Soldiers in the Mexican War — Captain Braxton Bragg — Gallant Officers 182 CHAPTER XLV. THE NORTH CAROLINA RAILWAY AND ASYLUMS. General Expansion — The Raleigh & Gaston Railroad — Wilmington & Weldon — The North Carolina Railroad Proposition — A Close Vote — Miss Dorothea Dix — Important Changes in the Laws 186 CHAPTER XLVI. A SPECTRE OP THE PAST RE- APPEARS. Growth of the Educational Institutions — Governor Charles Manly — Death of James K. Polk — "Freedom or Slavery" — The "Fugitive Slave Law" 190 CHAPTER XLV1I. THE SOCIAL AND POLITICAL STATUS. Cotton and Woolen Factories Established — Peruvian Guano — Division in the Churches — The "Know Nothings'' — Slavery Issues 194 CHAPTER XLVIII. PRESIDENT LINCOLN AND THE WAR. Governor David S. Reid — Trouble Brewing — Secession of South Caro- lina — President Lincoln Calls upon North Carolina for Soldiers — North Carolina Secedes — Governor Henry T. Clark — War 199 CHAPTER XLIX. THE WAR BETWEEN THE STATES. Forces Organizing — The First Southern Martyr — Manassas — The Bra- very of North Carolina Troops — Capture of Fort Hatteras 204 CHAPTER L. THE COMBAT DEEPENS. Battle of Roanoke Island — Colonel Henry M. Shaw — The Fall of New Bern — Capture of Fort Macon — North Carolina's Losses at Wil- liamsburg and Seven Pines 208 XII CONTENTS. CHAPTER LI. THE WAR CONTINUES. PAGE. Governor Z. B. Vance — Fighting at Plymouth — Battle of Kinston — Fighting on Neuse River — General Foster's March Toward Golds- boro 213 CHAPTER LI I. WAR AND ITS HORRORS. Determination of both Sides — Mason and Slidell — Scarcity of Pro- visions — The Ad-Vance — Manufacture of Salt — Depreciation of Confederate Money — Suffering — Edward Cooper 217 CHAPTER LIII. THE DEATH WOUND AT GETTYSBURG. Attack on Washington North Carolina — Promotions — Eminent Phy- sicians — Miss Mary Pettigrew — Chancellorsville — Gettysburg — North Carolina's Losses — Sorrowful Survey — Colonel Spear's Cavalry Raid— The Cry of Distress 222 CHAPTER LIV. GENERAL GRANT AND HIS CAMPAIGN. General Robert E. Lee — Ex-Governor Thomas Bragg — The Confed- erate Senate — Educational Matters — Ministers — Recapture of Plymouth by General R. F. Hoke — General Grant's Losses — Reams' Station 227 CHAPTER LV. NORTH CAROLINA AND PEACE-MAKING. Zebulon B. Vance and William W. Holden — Peace Propositions — Storming of Fort Eisher — Fall of Fort Fisher— Losses 232 CHAPTER LVI. THE WAR DRAWS TO A CLOSE. Gloomy Prospects — Second Battle of Kinston — General Johnston's Army — Federal Hordes — Battle of Averasboro — Federal Defeat at Bentonsville — Surrender of General Lee — Sad Reflections 236 CHAPTER LVII. CONCLUDING SCENES OF THE WAR. General Johnston's Report — General Sherman Enters Raleigh — Mur- der of Lieutenant Walsh — Conference Between Johnston and Sher- man — Assassination of Lincoln — President Andrew Johnson — Sur- render of General Johnston — General Schofield Military Governor of North Carolina— Freedom of the Slaves — Arrest of Governor Vance — W. W. Holden Provisional Governor 240 CONTEXTS. XIII CHAPTER LVIII. REFITTING THE WRECK. PAGE. Ruin in North Carolina — Federal Aid — Federal Seizure of North Carolina Cotton — The Supreme Court — The Convention of 1865— Governor Jonathan Worth -Oaths of Allegiance — Sectional Hatred, 245 CHAPTER LIX. GOVERNOR WORTH AND PRESIDENT JOHNSON. Sketch of Andrew Johnson — His Leniency Towards the South — Con- gressional Troubles — The Literary Fund — The "Union League" and the "Ku-Klux-Klan" — Agricultural Matters — The Convention of 1868 — Governor Holden Restored to Office — Reckless Expendi- ture by the Legislature — The "Swamp Angels" 249 CHAPTER LX. THE RESULTS OF RECONSTRUCTION. The Troubles Caused by Congress— The University Prostrate- Changes in the Legislature — Political Animosities --Deeds of the "Union League" and "Ku-Klux" — Murder of John W. Stephens — The "Shoffner Bill"— The "Kirk War"— The Judiciary Exhausted — Judge George W. Brooks Settles the Troubles 253 CHAPTER LXI. THE IMPEACHMENT OF GOVERNOR HODDEN. Articles of Impeachment — Governor Tod R. Caldwell — The Great Impeachment Trial — North Carolina Represented in Congress — Internal Improvement — Railroads 258 CHAPTER LXII. RESUMPTION OF AUTONOMY. Constitutional Changes Proposed — Growth of the Towns and Villages — Oxford Orphan Asylum — The University Closed — Peace Insti- tute — Presidential Campaign — Animosities Waning 262 CHAPTER LXIII. THE COTTON TRADE AND FACTORIES. Effects of the Cotton Gin— Edwin M. Holt's Factory— Falls of Tar River Cotton Factory — Colonel Thomas M. Holt and the Granite Mills— Growth of the Holt Factory— The Cotton Mills of Alamance 266 CHAPTER LXIV. DURHAM AND THE TOBACCO FACTORIES. Importance of the Tobacco Industry — Early Culture and Preparation — J. R. Green and his Tobacco Factory — A Loss Turned into a Blessing — W. T. Blackwell & Co. — The Largest Tobacco Manufac- turers in the World — Kindred Enterprises — Durham 271 XIV CONTENTS. CHAPTER LXV. PROGRESS OF MATERIAL DEVELOPMENT. PAGE. Colonel L. L. Polk — The Fish Hatchery — Improved Method of Catch- ing Fish — The Garden Crops — Pea Nuts and Rice — The Growth of Wilmington — Navigation in the Cape Fear — New Bern and its Trade — Governor Z. B. Vance 275 CHAPTER LXVI. THE CAPITAL CITY AND ITS RECENT GROWTH. Commercial Interests — Raleigh and its Business Growth — Prominent Merchants— The Tucker Brothers — R. B. Andrews & Co. — Alexan- der Creech — Thomas H. Briggs & Sons — Kindred Hardware Estab- lishments — The Cotton Exchange — The Israelites of North Caro- lina 279 CHAPTER LXVII. THE RAILROADS AND NEW TOWNS. The Important Railroad Lines — The Railroads of the West — Win- ston — Charlotte and its Growth — Asheville— The Mines— Wallace & Co — Gensing — The Fruit Growers— The Scuppernong and Ca- tawba Grapes— The "Moonshiners" 284 CHAPTER LXVIII. LITERATURE AND AUTHORS. Early Historians — Literature — Literary Men of Revolutionary Days — Dr. Hugh Williamson— Francois Xavier Martin and his History — Joseph Seawell Jones — The "Defence" — Literary Men of the Pre- sent Century — Latter Historians — School Books— Rev. Jethro Rum- ple—Law Books— Gifted Women— Able Editors 289 CHAPTER LXIX. THE COLLEGES AND SCHOOLS. The University Reorganized — Dr. Kemp P. Battle — Wake Forest College — Davidson College — Trinity College — The Female Semi- naries — Schools for Boys — The Normal Graded Schools— Shaw University and Estey Seminary — St. Augustine Normal School 295 CHAPTER LXX. CONCLUSION. North Carolina Bonds — United States Senators — Congressional Appro- priations—Governor Thomas J. Jar vis — Supreme Court Judges — The Public Charities — Mining Interests — "Hidden ite" — Sectional Hostilities — Assassination of Preisdent Garfield — Indignation Meet- ing at Raleigh — Death of the President — Concord Restored to all Sections — Hope of North Carolina.. 300 APPENDIX. Constitution of North Carolina 307 Questions on the Constitution 335 HINTS TO TEACHERS. It is a well known fact that almost any subject can be more thoroughly taught when both the eye and mind of the pupil are used as mediums for imparting the knowledge; and the teacher of "North Carolina History' will find a very valuable help in a wall map of the State hung in con- venient position for reference while the history class is reciting. Require the pupils to go to the map and point out localities when men- tioned, also places adjoining; trace the courses of the rivers which have a historical interest, and name important towns upon their banks. A good, reliable wall map of North Carolina can be procured at a moderate price. It has been deemed well to make the chapters short, that each may form one lesson. At the close of each chapter will be found questions upon the main points of the lesson. These will furnish thought for many other questions which will suggest themselves to the teacher. There are many small matters of local State history, both reliable and traditional, which can be given with interest to the class, from time to time, as appropriate periods are reached. These minor facts could not be in- cluded in the small compass of a school book, but a teacher will be helped very much by referring occasionally to "Moore's Complete History of North Carolina." Inspire your pupils with a spirit of patriotism and love for their native State. A little effort in this direction will show you how easily it can In- done. In every boy and girl is a latent feeling of pride in whatever per- tains to the welfare of their native State, and this feeling should be culti- vated and enlarged, and thus the children make better citizens when grown. The history of our State is filled with events, which, when told to the young, XVI HINTS TO TEACHERS. will fix their attention, and awaken a desire to know more of the troubles and noble deeds of the people who laid the foundation of this Common- wealth. The Appendix contains the present "Constitution of North Carolina." Then follows a series of "Questions on the Constitution," prepared expressly for this work by Hon. Kemp P. Battle, LL. D., President of the University of North Carolina. This is an entirely new and valuable feature in a school book, and contains almost a complete analysis of our State government. This is just the information that every citizen of North Carolina ought to possess, and teachers should require all their students of this history to read and study the Constitution and endeavor to answer the questions thereon. No other State in the Union possesses a record of grander achievements than North Carolina; her people have always loved liberty for themselves, and they offered the same priceless boon to all who came within her borders; and it was a full knowledge of this trait of our people which made Bancroft say "North Carolina was settled by the freest of the free." HISTORY OF NORTH CAROLINA. CHAPTER I. THE INDIANS. That portion of America, now known as the State of North Carolina, was once inhabited by Indians. For many ages before Columbus came across the seas, they had held undis- puted possession of all the Western Continent, except those Arctic regions where the Esquimaux (JEs'ke-mo) dwelt. 2. Nearly a century had gone by since the Spaniards had begun their settlements, and yet, north of St. Augustine (Aw f - gus-teen'), in Florida, not a white man was to be found. Cortez (Kor'tez) and Pizarro (Pe-zar'o) had founded great States in Mexico and Peru, but the vast region stretching from the Rio Grande (Re-o Grahn'dee) to the St. Lawrence was still only the home of red men and the wild beasts of the forest. 3. There were many different tribes and languages to be found among the Indians. In North Carolina, the Tuscaro- ras (Tus-ca-ro'rahs) lived in the east, the Catawbas (Ca-taw f - bas) in the middle, and the Cherokees (Cher-o-kees' ') in the western portion of the territory as now defined. There were Corees (Co-rees r ), Meherrins (Me-her'rins), Chowanokes (Chow-ah7i-okes ; ), and other small tribes in the east, but they were weak in numbers and occupied but a small portion of our present State limits. Z HISTORY OF NORTH CAROLINA. 4. The treacherous Tuscaroras were a portion of a power- ful race known as the Iroquois (Ir-o-quoy'). The other five nations of this family dwelt in the lake country of New York, and were the most daring and dangerous confed- eration among all Indians then known to the white people. These Iroquois of the North were generally friendly to the English, but waged almost ceaseless war upon the French and a tribe of Indians called the Algonquins (Al-gon' quins). 5. The Tuscaroras were generally to be found in the coun- try watered by the Roanoke (Bo f an-oke f ) and Neuse (Nuse) Rivers, and were very restless in their natures. It is not known when they separated from their northern friends. They kept up amicable relations with them, and messengers and embassies were often passing between the banks of the Roanoke and the settlements oir the lakes. 6. The Catawbas roamed over the fair region through which flow the Catawba and Yadkin Rivers. Westward of them were to be found, in the mountains, the numerous bands of the Cherokees. Amid the towering peaks and along the beautiful French Broad and other rivers, lived and hunted these simple children of the hills. They were generally dis- posed to peace, and were averse to leaving the paradise they inhabited for the dangerous honor of the war-path. 7. The Indians were, in many respects, a peculiar people. Though ignorant and savage, they were not idolaters. They believed in one God, whom they called the "Great Spirit. 7 ' They were not shepherds or farmers, for they had no domestic animals but dogs, and their corn fields were but insignificant patches, cleared and cultivated by their women. They cleared these little patches of land by burning down the trees, and their plow was a crooked stick, with which they scratched THE [NDIAN8. over the ground for planting the corn. The men hunted, and fought with other tribes, but disdained to be found engaged in any useful labor. 8. Such habits made necessary large areas of land for the subsistence of the people. All of the tribes were thus jealous of the intrusion of others upon their hunting grounds. So, whenever one found another getting closer than usual there was war. They all thus lived lives of continual terror and apprehension ; not knowing when some enemy would kill and scalp every person in the tribe. 9. The Meherrins lived in the fork of Meherrin and Chowan (Chow-ahn') Rivers. They were long at war with the Nottoways (Not'to-ways), who lived in Virginia, south of James River. The Meherrins at last left their old men, women and children, and went on the war-path against their enemies, who happened to be approaching them on a similar errand. They chanced to miss each other, and the Nottoways thus found the lodges of their foes completely undefended. They slew every human being in the captured lodges ; the Meherrins left their old homes in despair and disappeared in the west. This happened after many white people were living in the Albemarle (AVbe-marV) country. 10. Such a state of society necessitated the control of one leader; so the Indian tribes were governed by chiefs, who led them to battle and in pursuit of game. Some of these chiefs, like Powhatan (Pow-a-tan f ) and King Philip, were men of marked ability, and greatly extended their power over other tribes. AVhen a chief died his son succeeded to his office only when fitted for the place ; if weak or cowardly, some other brave was chosen, and in this way the honor was not hereditary. 4 HISTORY OF NORTH CAROLINA. 11. The Indians had no knowledge as to the working of iron. They had only bows, arrows, stone tomahawks and such weapons for war. They lived in small communities for protection, but had no cities, because of the impossibility of feeding large numbers at one point. They held it a part of their religion to seek vengeance for all injuries, real and im- aginary. They had no pity on captives, no reverence for helpless age, and were strangers to the sentiments of honor and justice. They were brave, yet much given to cunning and treachery. They rarely forgot benefits or forgave injuries. 12. Many relics of these savages are yet to be found in almost every county throughout the State. Broken pieces of pottery, arrowheads and tomahawks are often plowed up in the fields ; and mounds of various sizes, made by the Indians, are still seen in some sections. There had long been a tradi- tion among the Indians that, in the course of time, pale-faced strangers from beyond the seas would possess their land; and, after ages of petty warfare among themselves, as the sixteenth century drew to its close, they were to be confronted by men who built ships that withstood the ocean's storms, and shook the solid earth with the roar of their artillery. QUESTIONS. 1. Who were the original inhabitants of the country now known as North Carolina? 2. Who had made settlements on the American continent a century before this period ? What two great men were leaders in making those settlements ? 3. Give the location of the various tribes of Indians in North Carolina. 4. Who were the Tuscaroras ? W 7 hat was the feeling of the Indians toward the white people ? 5. In what part of North Carolina were the Tuscaroras found ? What were their habits ? THE INDIANS. 5 O. What tribes were found in the western portion of the State? What were their habits? « 7. What kind of people were the Indians? How did they cultivate the soil? 8. Give further description of their habits? 9. Where was the home of the Meherrin Indians? The Nottoways? What were the relations existing between these two tribes ? 10. Describe the government of the Indians? 11. How did they live ? What were some of their traits in war? 12. What relics of the Indians are still to be found in the State? What tradition existed among the Indians? How was that tradition beginning to be fulfilled ? HISTORY OF NORTH CAROLINA. CHAPTER II. SIR WALTER RALEIGH. A. D, 1570 TO 1583, 1570. The sixteenth century of the Christian era was one of the most wonderful periods in the world's history. The printing presses scattered books and knowledge over Christen- dom, a larger liberty in religious matters was achieved by the Reformation, and daring navigators sailed with their ships into a thousand regions never before visited by civilized men. 2. The Portuguese and Spaniards sent expeditions to many lauds. In America, thousands of men and women were living who had come from Europe, or had been born of white parents since the first settlements in the West Indies, Mexico and Peru. As Columbus had discovered the new world with Spanish ships, the kings of that country laid claim to all the continent. 3. England, in that time, was ruled by Queen Elizabeth, who began her reign in 1558. Ireland and the small islands in the British Channel were the only dependencies of the Crown. Scotland was still an independent monarchy. With a few millions of subjects and this small territory as her realm, this queen was in great danger of dethronement and death. The Pope, the Catholic kings and her own people belonging to the Church of Rome, denied her title to be queen, and sought her overthrow and that of the Protestant religion she upheld. 4. Amid so many dangers and difficulties, Queen Elizabeth, by wisdom and prudence, not only managed to defend herself, but became one of the greatest rulers of any age. She devoted SIR WALTER RALEIGH. / her energies to the government of her people, and, though courted by many princes, would never marry, for fear such a relation would impair her usefulness as a queen. 5. Among her greatest gifts as a ruler, was her clear insight into the characters of men. She knew whom to employ as her agents, and was rarely deceived as to how far she could trust them in- a season so full of treason and danger. But this great queen, who humbled the most powerful monarchs, and in whose presence the sternest men would sometimes tremble, was, after all, a very vain woman. Nothing pleased her more, even in her old age, than praise of her personal appearance. 6. One evening she was walking at the head of a procession composed of ladies and gentlemen of her Court, when she encountered a muddy place in her pathway. The stately queen paused a moment, seeming in doubt as to whether she should step in the mud or pass around. A handsome young man, who was standing near by, snatched a velvet cloak from his shoulders, and, throwing it in the mud for Her Majesty to step upon, she passed over with dry feet. 7. Queen Elizabeth was charmed with the readiness and courtesy of the youth. She made inquiries concerning him, and found out that it was young Walter Raleigh (Raio'lee), who had just come to London from his home in the country. It was the beginning of his fortunes at Court, and he soon won the queen's confidence and respect. 8. This young Walter Raleigh had many noble and gener- ous qualities. He was, by nature, brave and patient, and, by diligence, soon became a great and learned man. He was a gallant soldier, a skillful navigator and the statesman who was first to conceive the plan for extending the British 8 HISTORY OF NORTH CAROLINA. Empire into its present vast limits. While serving as a soldier in behalf of the French Protestants, he heard and read so much of the wondrous lands in the west, that he resolved that England should share in the glory and profit of future discoveries. 1578—83. 9- When Raleigh went back to England he communicated his desires and feelings to his half-brother, Sir Humphrey Gilbert, who had made reputation as a comman- der of ships. In the year 1578, the queen granted leave to these two men to sail in search of lands ,yet undiscovered by civilized nations. In 1583 they sent out a vessel called the Bark Raleigh, which was compelled to return in a few days, on account of disease among the crew. 10. English sailors, at that date, were easily discouraged in efforts to navigate the Atlantic Ocean. They had never crossed it, and were full of superstition concerning super- natural horrors awaiting him who ventured too far to the west on that unknown and mysterious sea. 11. Again, in 1583, Sir Humphrey Gilbert, with three ships, ventured out upon the great and unknown waste of waters that lay to the west of their island homes. He dis- covered the Island of Newfoundland (Nu f fund-land'), and sailed southward. Off the coast of Maine he was overtaken by a storm which sunk one of his ships. This disaster induced him to turn his prows for the voyage homeward ; but the storm continued, and the darkness and horrors of the sea o-rew tenfold worse, when they found themselves amid drift- ing icebergs. Brave Sir Humphrey, from the decks of his ship, the Squirrel, to the last cheered the men of her consort, saying : "Cheer up, my lads ! We are as near heaven at sea as on land." SIR WALTER RALEIGH. 12. When the terrible night had passed, it was found that Sir Humphrey Gilbert and his crew had all perished, and only the Hind was left of all the ships to earry back the disheart- ening tidings to Raleigh and the English Queen. Note. — The vessel which carried Sir Humphrey Gilbert and his crew was of only ten tons burden, and very poorly able to stand the gales along the American const. The Delight, another one of the fleet, had gone down a few days before the loss of the Squirrel. In the year 1520 a Spanish vessel, commanded by Vasques de Ayllon ( Vas'keth day Ile-yon'), was driven by a violent storm upon the coast of Carolina. The commander was kindly treated by the natives, and, in return, he enticed a number of them on board his ship and tried to carry them to Spain. But the Indians preferred death to captivity ; they all refused to partake of any food, and thus died of voluntary starvation. The scene of this occurrence is within the present borders of South Carolina. QUESTIONS. 1. What is said of the sixteenth century of the world's history? 2. What was the condition of the "new world" ? What people laid claim to the American continent, and why ? 3. Who was Queen of England, and what was the condition of her kingdom ? What was Queen Elizabeth's trouble with the Pope of Rome ? 4. What is said of Queen Elizabeth as a ruler? 5. What other traits of character did she possess ? 6. What interesting circumstance is related of the queen ? 7. Who was the young man, and what did the queen think of him ? 8. What was the character of Walter Raleigh ? 0. To whom did he communicate his plans ? What did the queen grant to these two men ? When was the first expedition started, and with what result? 10. How did sailors of that period regard the Atlantic Ocean? 11. What occurred in 1583 ? What island was discovered ? What dis- aster befell the expedition ? 12. What did the dawn of day reveal? What were the names of the two ships ? 2 10 HISTORY OF NORTH CAROLINA. CHAPTER III. DISCOVERY OF NORTH CAROLINA. A. D. 1584 TO 1585. 1584. When the little ship Hind reached England, and it was known how Sir Humphrey Gilbert and so many of his men had gone down into the depths of that mysterious ocean which was so much dreaded, there was great grief; and, possibly many bitter speeches from the people who stayed at home and predicted disaster to the daring scheme first originated by Walter Raleigh. He was sorely afflicted at the loss of his brother and men, and had he been weak or selfish he would have gone to his grave bewailing his loss, but venturing on no more such strange and unusual projects. 2. He had lost many thousands of dollars (about £40,000 sterling), in the foundered ships ; and many a gallant friend that had trusted him and cheered him in his mighty schemes, was gone to come no more. But the hearts of heroes are not cast in common moulds. Instead of abandoning his enter- prise he obtained, on March 25, 1584, letters-patent from the queen favoring his undertaking, and at once began to fit out another fleet. This consisted of two vessels, and they were put under the command of Philip Amadas (A-ma'das) and Arthur Barlowe (Bar'lo). 3. This fleet sailed from England on the 27th clay of April, 1584, and, avoiding the dangers of drift-ice in the northern Note. — The queen's "Letters-Patent" to Raleigh gave him ''Free liberty to discover such remote heathen and barbarous lands not actually possessed by any Christian prince, nor inhabited by Christian people." DISCOVERY OF NORTH CAROLINA. 11 waters, steered for the Canary Islands and the West Indies. They had the good fortune to miss all interference from the Spanish cruisers, which were so dangerous to English vessels sailing at that day upon this course. On the 14th day of July they encountered the coast of North Carolina, probably at a point just north of Old Topsail Inlet. They continued northward along the low, barren barriers of sand which divide the waters of the ocean from those of Pamlico (Pam f - li-co) and Croatan (Cro'a-tan) Sounds, and, two days later, came to anchor off an island called Wocoken ( Wo-co'ken), in what was an inlet at that day. 4. They called this place Trinity Harbor. Across the desolate sand ridges were fair landlocked waters, and great forests that sent far out to sea the odors of countless flowers. The weary toilers who had sailed so far, with nothing to look upon but the sky and the great stretehes of the sea, were charmed with the richness of the vegetation, the balmy air, and the ceaseless songs of the mocking birds. 5. For two whole days it seemed that the country was uninhabited, for no one had been seen by the Englishmen. At the expiration of that period they saw a canoe approach- ing from the north, in which were three Indians. One of them landed and came down the beach towards the ships. By signs he was invited aboard the vessels, and went with the white men to survey their wonders. 6. It must have been a notable day in this Indian's life, when, for the first time he, who had seen nothing of the kind larger than his canoe, beheld the tall poops, the towering masts and the great sails of vessels that had come from such distant lands beyond the seas. Nothing so terrified and aston- ished the Indians of that day as the roar of artillery. It was 12 HISTORY OF NORTH CAROLINA. something entirely beyond their comprehension, and filled them with terror. They had no guns or knowledge of their use. So, when a cannon was fired they were ready to believe that men who could do such things were possessed of super- natural powers. 7. As a return for their kindness the Indian took his canoe and showed the white men how to catch fish. In a half hour he had nearly filled his boat with those delicious fishes which have always so remarkably abounded in all the waters of that portion of North Carolina. By signs he made known his wish that they should be divided between the men of the two ships, and then he took his departure. 8. The next day many Indians came to the ships. Among them was Granganimeo [Gran-gan'i-meo), a brother of the chief who ruled in that portion of the country. He reported that his brother was sick. He was a man of the utmost kindness and good faith, and was in marked contrast to Wingina (Win-gi ; na), the Indian king, who was full of sus- picion and duplicity. The Indians were clothed in mantles and deer-skin aprons. They were gentle, unsuspicious and patterns of hospitality. A few days later Amadas, with eight of his men in a boat, visited the home of Granganimeo, about twenty miles distant, on the shore of Roanoke {Ro'a- noke f ) Island. The chief was not at home, but his wife gave the men a cordial and hospitable reception. She prepared a feast for them, of fruits, melons, fish and venison and showed them every kindness. Note. — The Indians were greatly amazed at the sight of gunpowder, the cause of all the noise in the artillery. On one of their expeditions they captured a quantity of powder from the colonists, and, to increase the supply, they made rows in the ground and carefully planted the black grains of powder, expecting to reap a full harvest of it in season. DISCOVERY OF NORTH CAROLINA. L3 9. Atnadasand Barlowe proceeded, in the presence of many Indians, to lay claim to the country for their queen. This whole pageant was probably a dumb show to the astonished and ignorant natives. Thev neither knew nor cared what the white men were celebrating with beating drums, flaunting banners and salvoes of artillery. 10. This expedition had not been sent with any purpose of settlement ; so, in a few weeks after the ceremony of taking possession, the fleet weighed anchor and sailed back to Europe. They carried with them a large cargo of skins and valuable woods, which they had obtained in trading with the Indians. These men also carried to England the first knowledge of the potato and tobacco. 11. With their own consent, two Indians, named Manteo (Man'te-o) and Wanchese ( Wan-ehee'ze), were taken aboard and carried to England, that they might see something of the world across the sea. They afforded a singular test of human nature. They were both of equal culture and advantages, and yet, by the voyage to England, Manteo became the friend, and Wanchese the implacable enemy of the white men. 12. Queen Elizabeth was greatly pleased at the glorious descriptions of the new country as given by the returned mariners ; also at the accounts of the abundance of excellent fruit, vines hanging with luscious grapes, great forests of rich shrubbery and bright flowers and she gave the country the name of Virginia, in honor of herself, the "Virgin Queen." 1585. 13. Walter Raleigh was, soon after, elected a mem- ber of Parliament in the House of Commons, of which body he became a leader. The queen, in recognition of his services, confirmed his patent, and, in* conferring upon him the honor of knighthood, made him Sir Walter Raleigh. 14 HISTORY OF NORTH CAROLINA. QUESTIONS. 1. How did the people of England receive the news of Sir Humphrey Gilbert's death ? How did it affect Ealeigh ? 2. What had the expeditions cost him ? Who did he next send out to the new world ? 3. When did this fleet leave England ? Describe their course and trace it on the map ? When did they reach the coast of North Carolina ? Where did they land ? Can you point out this place on the map ? 4. What did they name this place ? What is said of the new land ? 5. What occurred on the second day of their arrival ? 6. How did this visit impress the Indian ? How were the Indians affected by the roar of the artillery ? 7. What return did the Indian make for the kindness of the white men? 8. Who next visited the ships ? What kind of man was he ? How did this Indian's wife treat the white men ? Locate Koanoke Island on the map. 9. What formal ceremony did Amadas and Barlowe conduct? 10. What did the ships carry back to Europe? 11. What two Indians were taken on a visit to England ? How was each of them affected by the visit ? 12. What account did the mariners give of the new country ? W T hat did Queen Elizabeth think of the description ? What name did she give to the new country, and why ? 13. Of what body did Raleigh soon become a member ? What title was then conferred upon him, and why ? GOVERNOR LANE'S COLONY. 15 CHAPTER IV. GOVERNOR LANE'S COLONY. A. D. 1585 TO 1586. We cannot easily realize, in our day, what excitement and enthusiasm followed in England when the two ships sailed safely back and exhibited the Indians, the potatoes, the tobacco and other unknown productions that had been gathered by Amadas and Barlowe, to prove the value and fertility of the newly-discovered land. It is strange, but true, that more value was set upon the discovery of the sassa- fras tree than upon anything else, and wonderful things were expected of its virtues as a tea, a medicine and for the manu- facture of perfume. 2. Sir Walter Raleigh hastened to send over a colony of men to take possession of Roanoke. Ralph Lane, a gentle- man of courage and experience, was appointed Governor. The seven ships conveying the emigrants and the two Indians who had visited England, sailed on the 9th of April ; they were Note. — Sir Walter Raleigh planted some of the potatoes upon his own estate, and found them very palatable. Other people afterwards obtained seed from him, and now the potato forms a principal part of the food of Ireland. Raleigh was also the first Englishman who ever used tobacco. An amusing incident is related of his using it. His servant entered the room one day, bringing a mug of ale, while Raleigh was enjoying his pipe and tobacco, and the smoke was issuing from his mouth and filling the room. The servant, thinking that his master was on fire, immediately dashed the ale in his face and ran out, crying for help, for his master "would be burnt to ashes." 16 HISTORY OF NORTH CAROLINA. commanded by Sir Richard Grenville (Gi'en'vil), who was a cousin of Raleigh's, and famous for his bravery and skill as an admiral. 3. This fleet also came over by the southern route, and was in considerable danger off' Cape Fear during a great storm, but the ships all safely rode out the gale, and, on the 26th of June, 1585, they dropped their anchors in Trinity Harbor, off the coast where the fleet had lain during the visit of the previous year. News of their arrival was sent to Wingina, at Roanoke Island. 4. Governor Lane had one hundred and seven men to remain with him, among whom was Thomas Harriot, the celebrated mathematician and historian. With these colonists he landed upon Roanoke Island, and began to build and for- tify a town, which he named the "City of Raleigh." The island is twelve miles long and about four broad, and is to this day fertile and pleasant as a place of residence. It then abounded in game, and countless and choice varieties of fishes were to be caught in the sounds and sea at all seasons of the year. • ■ 5. Admiral Grenville was active during his stay at Roan- oke in visiting many Indian towns and in exploring the many broad waters that are found connected with one another in that portion of North Carolina. On a trip up Neuse River he lost a silver cup, which was stolen from him during his stay at an Indian town. The passionate sea captain, in a rage, demanded its restitution by the Indians, whom he charged with stealing it. They did not comply, and he, with great imprudence and injustice, burned the whole village. 6. This was the first taste afforded the Indians of how harshly they might expect to be treated, and, though no war GOVERNOR LANE'S COLONY. 17 followed immediately, they neither forgot nor forgave Gren- ville's punishment. He was, during much of his life, engaged in hostilities at sea with the Spaniards, and fought many hard battles. At last, after a desperate struggle with a Spanish fleet, he was captured, and the next day died of his wounds. 7. Governor Lane, after the admiral's departure, continued his explorations. He ascended the Chowan River to near the mouth of the Nottoway. Instead of clearing fields and making provisions for his people, he was laboriously search- ing for gold mines and jewels. He was told by the chief of the Chowanoke Indians that such things abounded along the upper reaches of Roanoke River (then called the " Mara- tock"), and that the head-waters of that stream extended to within an arrow's flight of a great ocean to the west, and along the banks of the river lived a very superior and wealthy race of people, whose walled cities glittered with pearls and gold. 8. Fired in imagination by this false and wicked Indian story, preparations were made for a journey in boats, longer than had yet been attempted. They found the swift current of the Roanoke difficult to ascend, and their provisions were exhausted by the time they had reached where the town of Williamstou now stands. They could procure none from the Tuscaroras, who dwelt upon the banks, and, while in this dilemma, the savages made a night attack upon their camp. 9. Thus perished Governor Lane's dreams of gold. He hurried back to Roanoke and soon found the hostility of the Tuscaroras extending to the tribe under Wingina. Gran- ganimeo was dead, and Manteo was the only Indian of any influence who manifested friendship for the colonists. They 3 18 HISTORY OF NORTH CAROLINA. had previously brought an abundance of fish, game and fruits; but all was changed, and Governor Lane realized that he was surrounded by a people who had become his enemies. 10. By some means, he discovered that Wingina was con- certing with the Tuscaroras for an attack upon Roanoke Island. Concealing this knowledge, he invited the unsus- pecting plotter to come, with certain of his people, to a feast at the City of Raleigh. They came and were seized, and Wingina, with eight of his head-men, was put to death. 11. This was a stern and bloody punishment of his foes, but it gave the white men deliverance from attack, until Sir Francis Drake came, with a large fleet, and anchored in Trinity Harbor, finding the colony almost in a perishing condition. 1586. 12. Ralph Lane was not a hero, but Francis Drake was. If the Governor lacked resolution, no man ever sup- posed the great admiral deficient in this respect. After long consultation, Drake approved the resolution of the colonists to abandon the settlement, and taking them aboard his ships, he steered for England, leaving the City of Raleigh unten- anted. Thus failed the first attempt at forming a permanent settlement upon this great territory forming the present limits of the United States. QUESTIONS. 1. What occurred in England on the return of the ships? Mention some things exhibited by the mariners? 2. What did Sir W'alter Raleigh next do? Who was appointed Gov- ernor ? Who commanded the expedition ? 3. What was the route of the fleet? When and where did they land ? 4. How many men were landed upon Roanoke Island ? What did they name their city? Describe Roanoke Island. Point it out on the map. *5. Mention some of Grenville's exploits during his stay. GOVERNOR LANE'S COLONY. 1!) <>. What did the Indians think of this treatment? What finally became of ( rrenville ? 7. How did Governor Lane occupy himself? Trace the course of Chowan River on the map. What wonderful story was told Lane by the Indians? Find Roanoke River on the map. S. How did Lane regard this story? (live an account of his expedi- tion up the Roanoke River. 9. What did Governor Lane find to be the condition of affairs upon his return to the settlement ? 10. What plot was discovered ? How did Governor Lane prevent it ? 11. What was the effect of this treatment? What help arrived from England ? 12. What did the colonists resolve to do ? What is said of this attempt to found a colon v ? 20 HISTORY OF NORTH CAROLINA. CHAPTER V. GOVERNOR WHITE'S COLONY. A. D. 1586 TO 1590, It must have been a sore trial to Sir Walter Raleigh when he learned that his colonists had returned to England. He had sent over a ship with abundant supplies, which reached Roanoke only a few days after Sir Francis Drake sailed aw T ay with his fleet. Finding no white people upon the island, the ships returned to England. Sir Richard Gren- ville also touched at the same point, with other ships, about fifteen days later. The folly, avarice and timidity of agents have, in all ages, crippled the noblest efforts for human advancement. 2. Sir Richard Grenville left fifteen men in the fort built at Roanoke by Lane, lest the English claim to the country should be lost, through want of its being occupied. They were soon to fall victims to Indian vengeance, after the stout old admiral had hoisted his sails and gone in search of Spanish treasure ships. 1587. 3. Once again, in 1587, Raleigh collected a fleet of transports, and, with John White as Governor, about one hundred and fifty men, women and' children, went to Roanoke for permanent settlement. They brought over farming im- plements, wisely determining to give up the useless search for gold, and to look to husbandry as a means of livelihood in their new home. On arriving at Roanoke, no trace of Gren- ville's colonists was found, except a single skeleton which lay bleaching in the sun, in front of one of the cabins. GOVERNOR WHITE'S COLONY. 21 4. Sir Walter Raleigh had ordered White to go to Hamp- ton Roads, in the region of Chesapeake (Che88 f a-peak) Bay, instead of Roanoke, but this command was disregarded under the plea that their pilot, a Spaniard, would not show the way. But as Governor Lane had sent a party there the year before, the location must have been known to others of the expedi- tion besides Fernando, the pilot. It was like everything else done by John White while connected with the effort of coloni- zation — very foolish and culpable. 5. Manteo was still the warm friend of the English, and, with his mother, welcomed them to his home on Croatan. He was, as a reward for his faithful services, baptized by order of Sir Walter Raleigh, and created a nobleman, with the title of "Lord of Roanoke," which was the first title of nobility ever conferred by the English in America. 6. Governor White had, among the colonists, a daughter named Eleanor, wife of Ananias Dare, one of his assistants. On August 18th, five days after their arrival, she gave birth to a little girl, who, in honor of the land of her birth, was named "Virginia Dare." This is about all we know of the little girl, who will ever be famous as the first of all the children born to English-speaking people within the borders of the United States. One of the counties of this State bears her name, and includes in its area the scene of her birth. 7. Governor White had been at Roanoke only a few weeks, when he became convinced that he should at once return to England in the interest of the people he had been sent over to govern. He said they would need provisions and additions to their numbers, and a larger supply of implements of civil- ized life. 22 HISTORY OF NORTH CAROLINA. 8. He should have manifested even more haste to return, as members of his own family were included among the lieges who were at Roanoke looking to him for guidance and safety amid so many dangers. But when he reached England, and Raleigh had furnished him with two ships, with men and stores for his speedy return, John White found excuse for long delay before visiting the stormy neighborhood of Cape Hatteras. 9. When he was ready to sail for America a great Spanish fleet, called the "Invincible Armada," was drawing near the English coast, with the avowed purpose of dethroning the queen and subjugating the people. John White preferred to take the chances of plunder in the coming engagement to fulfilling his duty to the poor people at Roanoke, who were waiting so anxiously for his return. 10. British heroism drove off and destroyed the great Span- ish fleet, and Governor White, with his ships, joined in pur- suit of the fugitives. He gained neither gold nor glory, but was so battered that his ships had to be carried into port and repaired before they were fit to venture on a voyage across the Atlantic Ocean. Sir Walter Raleigh expressed very great displeasure at the conduct of Governor White. 1590. 11- In this way, three years had elapsed before Governor White went back to Roanoke. He found the City of Raleigh as desolate as upon his first arrival. There was no trace of the people left, except the word "Croatan," carved upon a tree. It had been agreed that if the colony should find it necessary to remove before his return, they would thus designate the place to which they had gone. 12. Croatan was a peninsular about fifty miles from Roanoke Island, and Governor White had good reason to believe that GOVERNOR WHITE'S COLONY. 23 the people whom he left had gone there ; but he sailed down the coast in sight of the place, and went back to England with no further efforts to discover the nature of their fate. Thus again, Roanoke was left to the savage and the wild beast, h will never be known what became of the colonists. Their fate is one of those sealed secrets which will only be known when all our ignorance shall be enlightened, and the sea gives up its dead Note. — There was a tradition among the Indians, that these people, after great suffering for food, were adopted by the Hatteras tribe of Indians. and became mingled with them ; and, it is said that later generations of these Indians possessed many physical characteristics which indicated ;i mixture of the European and Indian races but this may be, after all, fan- ciful surmises of the early historian. QUESTIONS. 1. What ships had been sent over to relieve the colony ? 2. How did Grenville continue Pmglish claims to Roonoke ? What was the fate of his settlers ? 3. What was Raleigh's next attempt at settlement ? Who was appointed Governor? How many people composed the colony? How was this colony better prepared for permanent settlement than any of its prede- cessors ? 4. Where had White been ordered to make settlement? Point out Hampton Roads on the map. Why did he land at Roanoke Island ? 5. What is said of Manteo ? 6. What is said of little Virginia Dare ? How is her name still honored in this State? 7. What did Governor White do in a few weeks after bis arrival at Roanoke ? 8. What was furnished to him on his arrival at England? Did heat once go back to relieve the colonists ? 9. Why did not Governor White immediately return to his suffering people ? 24 HISTORY OF NORTH CAROLINA. 10. What became of the "Spanish Armada" ? How did Governor White become engaged in this conflict? 11. How long was Governor White away from Roanoke ? What did he find on his return ? What is supposed to have been the meaning of the word "Croatan" ? 12. Where is "Croatan" ? Can you locate it on the map ? Did Gov- ernor White go to this place to seek his people? Was any settlement on Roanoke at this time ? iSilllh ••llin""" '« 'III il IT' '""'Hi- ,-: ; imp! I ,. THE PATE OF RALEIGH. 25 CHAPTER VI. THE FATE OF RALEIGH. A. D. 1590 TO 1653. The whole story of the attempted settlement on Roanoke Island is one of the world's deepest tragedies. Misfortune seemed to be the doom, not only of the colonists, but of many gallant men who sought to aid Sir Walter Raleigh in his enterprise. Sir Humphrey Gilbert, with two of his ships, was the first to perish at sea ; Sir Francis Drake and his compeer, Sir John Hawkins, both died of pestilence in the West Indies; and, to the baffled and broken-hearted originator of the scheme, the coming years were to grow black with dis- aster and death. 2. With the loss of Governor White's colony, Raleigh found that his expenditures had greatly impaired his wealth. He had lost more than two hundred thousand dollars, and was no longer able to fit out the costly and fruitless expeditions. It must have been a bitter pang to his proud heart when he was forced to solicit aid from others, by joining them in the rights and privileges granted him by the queen in his charter. 1002—3. 3. Raleigh found his greatest disaster in the death of Elizabeth. After ruling England so wisely and well for more than fifty years, she came to her death on March Note. — It must also be remembered that money in the sixteenth cen- tury was worth at least five times more than at present. Forty thousand pounds expended by Sir Walter Raleigh would, at that time, purchase about what one million of dollars would now command in England or the United States. 4 26 HISTORY OF NORTH CAROLINA. 24th, about 1602. The grand and lion-hearted woman left her throne to one of the most paltry and contemptible of men. 4. King James I. was an ungainly Scotch pedant, who was incapable of appreciating heroism and manliness in others, because of his own deficiency in all such qualities. He lavished favors and titles on unworthy favorites, and incurred the contempt of wise men for his folly and vices. 1618. 5. Sir Walter Raleigh had long warred upon the Spaniards as the enemies of his country. The King of Spain hated him on that account, and King James, to please his Catholic majesty and secure the marriage of his son to a Spanish princess, caused Sir Edward Coke to procure the wrongful conviction of his greatest subject. After lying in prison for twelve years, on this false accusation, Raleigh was executed, at the age of sixty-five, as a traitor to the land for whose good he had accomplished more than any one else in all its limits. 6. Thus suffered and died the man who first sent ships and men to the soil of North Carolina. That he failed in what Note. — Sir Walter Raleigh occupied the twelve years of his imprison- ment in writing a "History of the World." This was an able work, but gave great offence to King James, who endeavored to suppress its circula- tion. When Raleigh was carried to execution, while on the scaffold, he asked to see the axe. He closely examined its bright, keen edge, and said, with a smile : "This is a sharp medicine, but a sound cure for all diseases." He then laid his head composedly on the block, moved his lips as if in prayer, and gave the signal for the blow. Although Raleigh had expended so much time and money in attempting to form a settlement in America, and notwithstanding his pleasure in hearing the descriptions of the beau- tiful country given by his navigators, and the very great interest he mani- fested in everything pertaining to the new world, we have no record that he ever visited the shores of North America. THE PATE OF RALEIGH. 27 he desired to accomplish, should not detract from the grati- tude and reverence which are due to his memory. If incom- petent and unworthy agents, and the accidents of fortune, thwarted him in his designs, the fault was not his. He was the greatest and most illustrious man connected with our annals as a State, and should ever receive the applause and remembrance of our people. 7. After the death of Sir Walter Raleigh, there were made no more efforts to plant a colony at Roanoke. The spot was never favorable for such a purpose. No coast in the world is much more dangerous to ships than that of North Carolina. Cape Hatteras is even now the dread of all mariners. It is visited by many storms, and sends its deadly sand bars for fifteen miles out into the ocean, to surprise and wreck the ill- fated vessel that has approached too near the coast. 8. Governor Lane, while at Roanoke, discovered the broad, deep inlet and safe anchorage at Hampton Roads. This port lies but little to the north of that inlet where Amadas and Barlowe so fatally halted on the first English visit to Caro- lina. Into Hampton Roads, in 1607. went another colony, sent over by men who had succeeded the unfortunate Raleigh in the royal permission to plant settlements in America. To the genius and bravery of Captain John Smith was due the permanence of the settlement at Jamestown. The name of "Virginia," which had been applied to all the territory claimed by England under the discoveries of Gilbert and Raleigh, was then confined to the colony on James River. 9. In the lapse of a few years many places on the Atlantic- coast were occupied by expeditions sent out from England and other nations of Europe. Those of England at Plymouth (Pliiriuth), of the Dutch at New Amsterdam (Am'ster-dam), 28 HISTORY OF NORTH CAROLINA. and of the Swedes in New Jersey, were speedily seen in America, while yet roamed the Tuscarora in undisturbed possession of North Carolina. 10. As Virginia grew populous, there were found the usual oppressions in that colony that beset and impair the useful- ness of all human governments. There, as elsewhere, men were troubled about what they believed in regard to religion. If people did not conform to the "English Church" they were punished by fine and imprisonment. Sometimes cruel whip- pings became the portion of preachers who were found promul- gating Quaker and Baptist doctrines. Sir William Berkeley (Berk'ly), who was Governor of Virginia, had no authority over men who dwelt in the region south of a line a few miles below where the ships approached the inland waters of Virginia. 11. When this became known many people around the Nansemond (Nan' se-mond) River and elsewhere, went south- ward towards the Albemarle Sound, where the tyrant of Virginia had no jurisdiction. 1653. 12. In this way Roger Green, in 1653, led a con- siderable colony to the banks of the Chowan and Roanoke Rivers ; but,' even before this, there were probably scattered settlements over most of all the region north of the Albemarle Sound, of which we have no reliable account. QUESTIONS. 1. What is said of the attempted settlement upon Roanoke Island ? 2. What had the expedition cost Raleigh ? 3. What was Raleigh's greatest loss ? 4. Who succeeded Queen Elizabeth ? What kind of a man was King James I. ? 5. What new trouble came upon Raleigh? Describe his punishment and death ? THE FATE OP RALEIGH. _!!• (>. How should the people of North Carolina ever think of Sir Walter Raleigh ? 7. Were any further efforts made to plant a colony at Roanoke? Whal is said of the place? &. What safer anchorage had Governor Lane discovered ? What colony entered Hampton Roads in 1607 ? What town was settled in Virginia, and by whom? To what locality was the name "Virginia" then confined'/ 9. Mention some settlements made on the Atlantic coast about this time ? 10. What persecutions were common in Virginia? Over what section of country did Governor Berkeley have no authority ? 11. When this became known to the people what did many of them do ? 12. What settlement was made by Roger Green, and when? Were there anv settlements in North Carolina before this time? 30 HISTORY OF NORTH CAROLINA. CHAPTER VII. KING CHARLES II. AND THE LORDS PROPRIETORS. A. D. 1663. After the discovery of North Carolina, in 1584, by Araadas and Barlowe, many years had gone by when the period now reached in this narrative became a portion of the world's his- tory. Not only had King James laid down the sceptre in death, but his own son had died in the same manner as Sir Walter Raleigh. Instead of ruling a realm, King Charles I. had been beheaded as a traitor to the land he pretended to rule. His sou had been restored to the throne after the death of Oliver Cromwell, and thus again royal benefits and boun- ties became possible and fashionable. 2. Many men in England had heard of the goodly land which was being peopled around Albemarle Sound, beyond the jurisdiction of Governor Berkeley. He, too, with his bitter and envenomed soul, took part in a scheme which was to give him some authority over the refugees who had imagined themselves beyond the reach of his cruel rule. 1663. 3. In the year 1663 His Majesty Charles II., King of England, France and Ireland, granted to George, Duke of Albemarle; Edward, Earl of Clarendon; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carteret, John Colleton and Sir William Berkeley, as "Lords Proprietors/' all the territory south of the lands not already granted to the province of Virginia, down to the Spanish line of Florida. KING CHARLES II. AND THE LORDS PROPRIETORS. 31 4. There were some remarkable men among these titular overseers of the land we now inhabit. The Duke of Albe- marle had been General George Monk before the restoration of King Charles, and was made a great man on account of his part in that transaction. He was dull and heavy, and only famous by the accidents of fortune. 5. Very different was the astute lawyer, Edward Hyde, who, for his abilities, was made the Earl of Clarendon and Lord High Chancellor of England. He was a selfish and crafty man, and lost his offices in his old age, but had two granddaughters who became Queens of Great Britain. 6. Lord Ashley afterward became the Earl of Shaftsbury and will ever be remembered for the part he bore in estab- lishing the writ of habeas corpus, as a part of the British constitution, and also as being hero in the famous poem writ- ten by John Dryden, called " Absalom and Achitophel." He was a bold, able and profligate man, who marred great abili- ties by greater vices. He combined within himself all that is dangerous and detestable in an artful politician. 7. Sir William Berkeley, then Governor of the province of Virginia, was another of these Lords Proprietors. He was the embodiment of the cruelty and religious prejudice of that age. He whipped and imprisoned people who worshipped God in a way different from what pleased him; and he was immortalized by the remark of King Charles II., who said of him: "That old fool has taken more lives without offence in that naked country, than I, in all England, for the murder of my father." Note. — Governor Berkeley exhibited some traits of bis character by saying, while Governor of Virginia: "I thank <;<> si R .K >ll N VKAMANs. 36 CHAPTER VIII. GOVERNOR DRUMMOND AND SIR JOHN YEAMANS. A. D. 1663 TO 1667. King Charles II., who thus parceled out this vast domin- ion to a few of his friends, was in marked contrast, as a sov- ereign, to Queen Elizabeth. With really no care for the people he assumed to govern, he was a gay, dissolute, shameless liber- tine, who despised all that is valuable in human duties, and spent his life in the paltriest amusements. He could be polite and entertaining in conversation, but abundantly justified Lord Rochester's remark that " he never did a wise thing or said a foolish one." 2. Under instructions from the other Lords Proprietors, Sir William Berkeley, in 1663, appointed William Drummond the first "Governor of Albemarle." He was a Scotch settler in Virginia, and was a man deserving the respect and confi- dence of the people whom he had been sent to govern. He was plain and prudent in his style of life, and seems to have given satisfaction to the people, who had been previously living entirely uncontrolled by law or magistrate. 3. After a short stay in Carolina, he returned to Virginia, and was put to death, with many others, by Governor Berkeley, for complicity in " Bacon's Rebellion." This tragic culmi- nation of the ruthless old baronet's cruelties was the occasion of the bitter censure by the king, already recorded. Gov- ernor Drummond is commemorated by the lake in the Dismal Swamp which still bears his name. 4. It was discovered soon after the king's grant to the Lords Proprietors, that a belt of land extending southward from the 36 HISTORY OF NORTH CAROLINA. present Virginia line to a point parallel with the mouth of Chowan River, and extending indefinitely west, was not in- cluded in that charter; so, in 1665 another paper passed the seals, including this strip of territory with North Carolina. 5. In 1663 there was an expedition formed in the island of Barbadoes, which came to the shores of Carolina and explored the courses of the north-east branch of the Cape Fear River. The planters purchased a considerable tract of land from the Indians and took steps towards the formation of a settlement. 6. This adventure was headed by John Yeamans ( Ya'mans). He was a young man of good connections in England. His father had been Sheriff of the City of Bristol during the war of King Charles I. with Parliament, and was put to death by the order of Fairfax on account of his stubborn defense of his city in the king's behalf. 1665. 7. Yeamans had come to the west to repair his broken fortunes. He went back to Barbadoes, but the next year returned with a colony which was seated at Old Town, in the present county of Brunswick, and their settlement was afterwards known as the "Clarendon Colony." This village, which was called Charlestown, soon came to number eight hun- dred inhabitants ; but was, ere long, to be deserted, when Sir John Yeamans, who had been knighted, was ordered by the Lords Proprietors to Cooper and Ashley Rivers. 8. There had been, as early as 1660, a New England set- tlement in the same vicinity of the village on the Cape Fear; but this colony incurred the resentment of the Indians, it is said, by kidnaping their children under the pretense of send- ing them to Boston to be educated ; and the colonists were all gone when the men from Barbadoes visited the Cape Fear. GOVERNOR DRUMMOND AND sn: JOHN YKAMANs. 31 1667. 9. In the three years of Governor Drummond's stay in Albemarle there was entire satisfaction manifested by the people with his rule, and also that of the Lords Proprie- tors. He exerted himself to arrange matters so as not to disturb the titles acquired in the time previous to the king's "■rant ; and there was full sympathy between him and the class represented by George Durant. 10. This sturdy Quaker had, years before, bought from the Yeoppim ( Yop'pim) Indians his place known as "Durant's Neck," on Perquimans (Per-quim f tins) River ; and he was a leader in wealth and influence among the settlers. He was prosperous in his affairs, and largely controlled the views of the people belonging to his religious sect. 11. The rivers were full of fish every spring, and with little trouble, large supplies were caught in the nets and weirs. Indian corn, tobacco and lumber were sent in vessels to New 7 England and the West Indies. In this way sugar, coffee and rum were brought to Albemarle, and an active trade grew up, which was almost wholly conducted by the New England vessels. 12. These vessels all passed through the inlet at Nag's Head, where, as late as 1729, twenty-five feet of water was found upon the bar. This afforded entrance to ships of con- siderable size. Cape Hatteras (Hat'ter-as) was then, as now, a place of great peril to the ships, and many were wrecked upon the terrible outlying sand bars; but this did not deter the brave mariners from the trade which they found was growing each year more profitable. 38 HISTORY OF NORTH CAROLINA. QUESTIONS. 1. What was the character of King Charles II. ? What was said of him by Lord Rochester? 2. Who was appointed the first Governor of Albemarle? What kind of man was he? 3. What was the manner of Governor Drnmmond's death? How is his name commemorated in the State? 4. What additional piece of land was given to the Lords Proprietors in 1065? 5. What expedition came to Carolina in 1663 ? 6. Who lead this expedition ? Who was John Yeamans? 7. What was the object of Yeamans' visit? What colony did he form in 1665 ? Where was it located ? What is the history of this colony ? 8. What previous settlement had been made in this same vicinity? Why was it deserted? O. How had the people of Albemarle been pleased with the adminis- tration of Governor Drnmmond ? 10. Who was George Durant ? Point out u Dnrant's Neck" on the map. 11. Give some account of the prosperity of Albemarle ? What vessels conducted the trade ? 12. Through what inlet did the vessels enter the sound? Describe the neighborhood of Cape Hatteras. FUNDAMENTAL CONSTITUTIONS. 39 CHAP T E R IX. <>VERNOR STEPHENS AND THE FUNDAMENTAL CONSTITUTIONS. A. D. 1667 TO 1674, It did not suit Sir William Berkeley's ideas of propriety to leave such a good man as William Drumruond long in command as Governor of Albemarle. In 1667 Governor Stephens was sent to take his place. He was a ruler of nega- tive qualities, and probably did his best for the interests of the province, so far as consistent with a keen regard for instruc- tions from the Lords Proprietors. 1668. 2. The government, in his day, consisted of the Governor, his council, and twenty members of the House of Assembly, elected by the freeholders. Every white man ha ving an estate of inheritance, or for life, in fifty acres of land, was a freeholder. There was no check at that day upon this gov- ernment, so they respected their fealty to the King and the Lords Proprietors. 3. A wide margin was left to the Grand Assemblv of Albemarle for the display of its power. Neither the Legis- lature nor the Governor had any capital city for the transac- tion of business. His Excellency lived on any farm he pleased, and the General Assembly, at that early date, usually met at the residence of Captain Richard Sanderson, upon Little River, now in Perquimans county. 1669. 4- Their earliest recorded legislation allowed no settlers to be disturbed for the collection of debts contracted before coming to live in Albemarle. This was to encourage 40 HISTORY OF NORTH CAROLINA. immigration, but was not very admirable in its probable effects upon the citizens of the new commonwealth. It excited the ire of Colonel Byrd, of Westover, in Virginia, who wrote and said many hard things about Carolina. 5. As there were no Episcopal preachers then in the colony, another statute allowed people to get married by simply going before the Governor, or any of his council, and declaring such an intention. 1670. 6. Albemarle at that time was divided into the precincts of Carteret, Berkeley and Shaftsbury. The settle- ments extended rapidly down the sea-coast, and had soon reached as far south as the present town of Beaufort, on Old Topsail Inlet. 7. Governor Stephens was soon to reach the conclusion of his administration and the term of his natural life. The closing months of his rule were embittered by the nature of instructions he received from the Lords Proprietors and the Board of Trade in London. 8. One of these innovations upon the simple government previously found in the province, was concerning the colonial trade. English merchants saw that New England vessels were visiting the scattered settlements on the water-courses, and establishing a lucrative exchange of manufactured goods for the tobacco, corn and lumber of Carolina. 9. It was determined in London to stop this, and appro- priate to English factors whatever of profit might be realized. The old Navigation Act, passed under Cromwell to break down the Dutch trade, was revived as against the Boston skippers. Governor Stephens told the colonists they must exchange the products of their farms with none but English traders, but he quickly found that the people were resolute in refusing obedience to any such regulations. FUNDAMENTAL CONSTITUTIONS. 41 10. It was further announced that a now scheme of rule had been prepared in England. This was the work of Lord Shaftsbury and a distinguished philosopher named John Locke. This was familiarly known as "Locke's Grand Model," and was a cumbrous and elaborate system, foil of titles and dignities. It involved a large expenditure, and would have been as misplaced in the Carolina wilderness as if they had removed St. Paul's Cathedral from London to serve as a meeting-house for the Quakers of Pasquotank ! 11. The people who were constantly enduring danger and privations in Albemarle at once resolved that they would have no part in the titles and pageants concocted by the Solons of England. They had been promised freedom if they would come to America, both by the king in the great deed of grant, and by the Lords Proprietors, and nothing less than the privi- leges of Englishmen could satisfy them. 12. The "Navigation Act" was intended to destroy their commerce and manufactures, and the "Fundamental Consti- tutions," if adopted, would have put an end to their home rule. They were to wage a long opposition to these two things, and a century went by before, in the blood of the Revolution, American commerce became free. They were denounced as unruly subjects, but they were, in all truth, wise and resolute patriots. They were protecting not only them- selves, but the generations of the future. QUESTIONS. 1. Who succeeded Governor Drumniond as Governor of Albemarle? What kind of man was Governor Stephens? 2. In what did the government consist at that time? 3. Where did the General Assembly usually meet? 4. Mention some of the earliest laws ? 5 42 HISTORY OF NORTH CAROLINA. 5. What law was enacted concerning marriage ? 6. How was Albemarle divided ? How far had the settlements extended ? 7. What trouble came to Governor Stephens ? 8. What kind of trade was carried on between Carolina and New England ? 9. What was determined by the Lords Proprietors? What old law was revived ? How did the people receive the orders from Governor Stephens? 10. What two celebrated Englishmen prepared a form of government for Carolina ? What was this system called ? State its nature ? 11. What was resolved by the colonists concerning the Grand Model ? 12. What was the intent of the Navigation Act? Of the Fundamental Constitutions? EARLY GOVERNORS AND THEIR TROUBLES. |-i CHAPTER X. E ARLY GO VERNORS A ND THEIR TR UBLES. A. D. 1674 TO 1680. 1674. Samuel Stephens was succeeded in 1674 by George Cartwright, as Governor of Albemarle. The oldest member of the council was entitled, by law, to the place, but the mem- bers of the House of Assembly succeeded in obtaining the position for their speaker. Governor Cartwright found no bed of roses in the office he had assumed ; and becoming dis- gusted with the continued opposition of the people to the Grand Model and the navigation laws of 1670, he went over to London and resigned his place as Governor. 107G. 2. When he reached England he found Eastchurch, who, as Speaker of the House of Assembly, had been sent over to remonstrate with the Proprietors against the innova- tions they were proposing. His friend Miller had been carried out of the province for trial at Williamsburg, in Vir- ginia. He was also in London at this time seeking redress for his alleged.grievances. 3. Eastchurch was in London as the agent for Albemarle. The people were paying him to procure the assent of the Pro- prietors to some remission in the hard measure of the naviga- tion laws; also for the abrogation of the "Grand Model." He and Miller betrayed their trusts, and became the willing tools of Lord Shaftsbury and the Board of Trade. 4. As the price of their subservience, Eastchurch was appointed Governor of Albemarle and Miller was made Sec- retary of State. The authorities in London were fully resolved 44 HISTORY OF NORTH CAROLINA. that the New England vessels should be excluded from Caro- lina waters and that the Fundamental Constitutions should be accepted as the system of government. 5. This betrayal of a high trust was to bring its own pun- ishment on the heads of Eastehurch and Miller. On their way to America they stopped at the Island of Nevis (Ne'vis), where the new Governor of Albemarle met a Creole lady. His conduct in London had been weak enough, but stark insanity seemed to have fallen upon him at Nevis. For two years he was oblivious to all the disorders and distresses of the people committed to his government; and, like Mark Anthony, he surrendered everything else to his love-making. 1677. 6. Miller went on to Albemarle, and in July, 1677, assumed control of public affairs. There were then in the colony two thousand tax payers. Besides Indian corn, which was the staple of production, eight hundred thousand pounds of tobacco were made that year. The whole colony was enjoying considerable prosperity, such as a fertile soil and good climate always give. 7. The new Governor conducted matters in an outrageous manner. He imposed taxes upon all goods sent to other colonies, and in this way soon realized five thousand dollars on the tobacco which was sent to Virginia and Boston. 8. He was particularly emphatic in his orders forbidding trade with New England vessels. George Durant, with a large majority of the people, was determined to thwart him in this matter. Governor Miller was so violent in enforcing his laws that he, in person, boarded a Boston vessel and arrested the skipper. 1678. 9. Thereupon one John Culpepper, with a mob, seized Miller, and having put him in prison, assumed the EARLY GOVERNORS AND THEIR TROUBLES. 45 government himself. He imprisoned all the deputies of the Lords Proprietors. The king's revenue, amounting to fifteen thousand dollars, was also appropriated by the usurper. Cul- pepper, like Gilliam, the sea captain who had caused the out- break, was a New England man. 1080. 10. At last, after two years delay upon his journey, Eastchurch made his appearance in Albemarle. He had won his bride, but lost everything else. Culpepper scouted his claims to the government. He went to Williamsburg, in Virginia, to beg the Governor of that province to aid him in regaining the place he had lost by his folly ; but so slow and ceremonious was his lordship, that Eastchurch died of vexa- tion before anything substantial had been accomplished in his behalf. 11. Miller escaped from the confinement to which he had been subjected by Culpepper, and again went to England to utter his complaints. John Culpepper followed him there, and though indicted and tried for treason, he was acquitted by aid of Lord Shaftsbury. 12. Thus it was, in the earliest days of our history as a people, that the men of North Carolina found means to resist the execution of laws enacted abroad for their oppression. They had commenced a struggle which was to continue for a century. They were all the while determined on being free men. They had not undergone so many hardships in the wilderness, to tamely yield themselves as the vassals of the pampered lords or greedy merchants of England. QUESTIONS. 1. Who succeeded Samuel Stephens as Governor ? How did he obtain the place ? Why did Governor Cartwright go to England ? 2. What two men from Carolina did he find in England, and what was their mission ? 46 HISTORY OF NORTH CAROLINA. 3. What duty had the colonists entrusted to Eastchurch ? How did he fulfil] the trust? 4. How were Eastchurch and Miller rewarded for their betrayal ? What was the determination of the London authorities? 5. What was the conduct of Eastchurch while on his way to Carolina ? 6. What did Miller do in the meantime ? What was the condition of the colony at this period ? 7. How did the new Governor manage affairs ? 8. What trade did he forbid? By whom was his commands thwarted ? What violent act was done by Miller ? 9. W T hat was done to Miller? Who assumed the government ? 10. When did Eastchurch arrive at Carolina? How did he find mat- ters? To whom did he go for aid, and with what success? 11. What became of Miller and Culpepper ? 12. What do the events of this period teach us ? ■■if/M/ummu//wn&w//////mm/X / 7p/i /. .,///«,,. -,,, Wlh ',„„ >' I 1 1 1 , •iiijl/imimiiill LORD CARTERET ADDS A NEW TROUBLE. 47 CHAPTER XI. LORD CARTERET ADDS A NEW TROUBLE. A. D. 1680 TO 1704. When John Culpepper had ended his unsettled adminis- tration the authorities in England sent over John Harvey as Governor. Little is known of him or of his successors, John Jenkins and Henry Wilkinson. There were still misrule and confusion in Albemarle. A few men of wealth, who acted as deputies in the Council for the absent Lords Proprietors, were their advocates and defenders in everything they proposed; but the people still traded with New England vessels and vented their scorn upon the Grand Model. 1681. 2. At last, in 1681, the authorities in England con- cluded that if one of their own number could 2:0 over he miirht exert more influence upon the people than a hired agent. Therefore, they induced Seth Sothel, who had bought the inter- est first granted to the Earl of Clarendon, to venture on the doubtful expedient. 1683. 3. To the great good fortune of the province, this abandoned man was captured at sea by Algeriue pirates. Thus he became the slave of these corsairs for two years. When he arrived it was soon seen what a beastly and detestable monster had been sent as a reformer of the morals of the people of Albemarle. He was the most shameless reprobate ever seen as a Governor in America. He took bribes, stole property and appropriated the Indian trade to his own uses, growing worse and worse until the people, in 1688, could no more endure his iniquities, and drove him from the place he disgraced. He 48 HISTORY OF NORTH CAROLINA. went to South Carolina, and after his sentence of twelve months exile had expired, he returned to North Carolina and died in 1692. 4. King Charles II. had been dead for three years and the English served his successor, James II., in the same way the colonists did the poor wretch Seth Sothel. King James resolved to risk his crown in an effort to make the people of England receive the Roman Catholic religion as their State Church. English protestants were determined against the measure, and thus the Prince of Orange and his wife, Mary, who was King James' daughter, were made the sovereigns in his stead. 1689-93. 5. Philip Ludwell and Alexander Lillington were the next rulers, and the administration of the latter wit- nessed the triumph of the colonists in the consent of the Lords Proprietors to the abolition of the Fundamental Constitutions. This event occurred in 1693, and brought no little joy to the men who had so long and successfully opposed it as the Con- stitution of North Carolina. 1695. 6. Thomas Harvey ruled next in Albemarle, while John Archdale, a wise and benevolent Quaker, was put in charge of all the settlements in what was North Carolina, and also those on Cooper and Ashley Rivers. 1704. 7. When Henderson Walker, who succeeded to the rule in virtue of his place as President of the Council, had died, one Colonel Robert Daniel, who had made reputa- tion in an expedition against the Spaniards in Florida, became, in 1704, the Governor of the province. Note. — In the year 1696 a severe pestilential fever visited all the tribes of Indians along Pamlico Sound and destroyed nearly all of them. The colonists, soon after this, feeling somewhat safer from Indian attacks, began to form settlements southward. LORD CARTERET ADDS A NEW TROUBLE. 49 1704. 8. Governor Daniel was probably the mistaken and ignorant agent of Lord Carteret, who happened then to be the Palatine, or chief of the Lords Proprietors, in a foolish effort at reform. Carteret, like James II., was by no means a pattern in morality, but became impressed with his duty to cause the Assembly to pass a law making the Episcopal Church the State Church in the province. 9. The Baptists and Quakers were numerous, and both were sternly opposed to any such regulation. It was passed in spite of their votes to the contrary. The statute provided for building churches, buying glebes, and public taxation to pay the rectors' salaries, but did not visit any disqualification or punishment upon non -conformists. 10. These latter said they were already paying for the sup- port of their pastors, and at once declared they would not submit to the injustice of paying money to men who were the leaders in the persecutions of Baptists and Quakers in Eng- land and America. 11. The Presbyterians of South Carolina sent John Ashe, of that section, to London to resist the confirmation of the law, and Edmund Porter went also, at the instance of Albe- marle. Ashe died in London before he knew of his success. Both Queen Anne and the House of Lords denounced the innovation as unjust and impolitic, and it was therefore made a dead letter by being annulled by Her Majesty in her privy council. 12. It was thus, year by year, that the Carolinians kept up their struggle for freedom and equality before the law. The ocean stretched between them and the men who sought their Note. — The first Episcopal preacher arrived at Albemarle in 1703, and the first church was built in 1705, in Chowan county. 50 HISTORY OF NORTH CAROLINA. oppression, and large expenditures, both in money and heart- wearing efforts were undergone, as the dangerous and alarm- ing years went by, but these men of the woods still "trusted in God and kept their powder dry/' QUESTIONS. 1. Who was sent from England to succeed John Culpepper as Governor of Carolina ? Who followed Governor Harvey in office? What was the condition of affairs in the colony under these Governors? 2. Who became Governor in 1581 ? Who was Seth Sothel, and why was he selected ? 3. What befel Sothel on his way to Carolina? What kind of man was Governor Sothel ? What did the people do ? 4. Who was King of England at this time? Mention some of the events of his reign. 5. Who next took charge of Carolina? What important tiling was accomplished under this administration ? 6. Who was Governor in 1696? Who had charge of all the settle- ments ? 7. What two Governors are next mentioned ? 8. Whose agent was Governor Daniel ? What law was passed by the Assembly ? 9. What two religious sects were strongest opposers of the act ? What was provided for in the statute ? 10. What complaint was made by the Baptists and Quakers ? 11. Who was sent to London in the interest of the Presbyterians? What man from Albemarle? What was the success of the mission to London ? 12. What was the almost constant struggle of the people of Carolina? THE TUSCARORA WAR. 5] CHAPTER XII. THOMAS CAREY AND THE TUSCARORA WAR. A. D, 1704 TO 1712. Thomas Carey, who had already reached the positions of Speaker of the House of Assembly and Lieutenant Governor, was promoted to the Chief Magistracy in 1705. He had been a leader in opposition to Governor Daniel's church scheme, and for that reason John Archdale and the Quakers had proeured his elevation to the latter position. It may be imagined what was their disgust and surprise when it was found that Carey had changed sides and become the willing tool of Lord Carteret. 1705. 2. When the General Assembly met, Governor Carey announced that, under English laws, none but members of the Church of England could be allowed to take the oaths necessary to qualification for a seat in either House. John Porter was sent to London to make known this fresh outrage and betrayal of the people. 3. He was soon back with orders for Carey's removal ; and the General Assembly elected William Glover by the votes of John Porter and the men he influenced. It is sickening to add that Glover also immediately deceived the men who were his supporters, and was found acting and talking exactly as Carey had done. In such a pandemonium the next thing seen was the pacification of Carey and the Quakers, and their re-election of him as Governor. 4. Two rival governments were thus at open rupture, each claiming to be the lawful claimants of authority in Albemarle. 52 HISTORY OF NORTH CAROLINA. They both took up arms, and it seemed that bloodshed must ensue. A General Assembly was called to decide the ques- tion of authority. Members were present with certificates of election signed by Glover, and another set whose certificates were issued by Carey. Glover and Carey, with their adherents, occupied separate rooms in the same building, and great con- fusion and bitterness prevailed. Finally the members of Glover's council were compelled to seek refuge in Virginia. 5. In such a state of affairs, Edward Hyde arrived from England with papers directing Edward Tynte, the Gov- ernor of both provinces, to commission this latest claimant of gubernatorial honors. Carey having heard of Tynte's death, refused to acknowledge Hyde's claims, and proceeded to arm and equip his followers. 1711. 6. Thecruel and crafty Tuscaroras at once resolved to avail themselves of the divisions among the white people. They procured the Meherrins, Corees, Mattamuskeets (Ifal'ta- mus-keet') and other tribes, to unite with them in an effort to murder all they could of the settlers. They kept the secret so well that more than two hundred whites were butchered on the night of the 22d of September, 1711. The Tuscaroras mustered in their ranks a strong force, which was increased by their allies to sixteen hundred warriors. 7. The Baron de Graffenreid (Grraf fen-reed') had just established a thrifty colony at New Bern, on Neuse River. He and John Lawson, the surveyor-general, while on an ex- ploring voyage up the Neuse River were seized. The war council decided that both the men should be put to death. De Graffenreid made claim that he was king of the Swiss set- tlement just established, and escaped death by promising that no more land should be taken from the Indians without their THE TUSCAItORA WAU. 53 consent. The unfortunate Lawson and a negro servant, were put to death by the most horrible cruelties. The great clan- ger was in the possible adhesion of the New T York Iroquois to the savage league. With Albemarle divided, and conse- quently in a measure helpless, it was seen that it would be impossible to meet the Five Nations in battle. 1712. 8. The South Carolina militia and nearly a thousand Yem assee ( Yem-as-see f ) Indians, under Colonel John Barn- well, came as swiftly as they could to the rescue, and inflicted a stunning blow upon the butchers. They were attacked in a fort near New Bern, and more than three hundred of the Indians were killed and a hundred made prisoners. Think- ing the league crushed, Colonel Barnwell went home with his forces, after making a treaty with the Indians, which was quickly broken. 9. Governor Spottswood, of Virginia, confined his kind offices in the terrible emergency to keeping the Five Nations and Tom Blunt's Bertie Tuscaroras neutral in the war. 10. When the next spring had opened some hundreds of men in North Carolina were joined by Colonel James Moore from South Carolina, with another force of a hundred and fifty of his white neighbors and the Yemassees, who again were willing to make war upon their hated enemies, the Tuscaroras. 11. Another bloody attack upon a fort made of earth- works and palisades, resulted in such slaughter that Handcock, who had boldly led them before, was so disheartened at the loss of his braves, that he departed by the upper reaches of Roanoke Note.— Baron de Graffenreid was held a captive for several weeks, and on his return to his settlement, found it in a condition of almost desolation. He became so disheartened at the prospect that he soon sold his interest in Carolina and returned to Switzerland. 54 HISTORY OF NORTH CAROLINA. River, and his people have dwelt since that time in the neighborhood of Niagara Falls. They were to venture no more among men who had fearfully broken their strength and power as belligerents. 12. In the midst of the danger, in this second year of the war, yellow fever was seen for the first time in Albemarle. Governor Hyde fell a victim to its virulence. He died Sep- tember 8, 1712, and was succeeded by Thomas Pollock, who had long; been known as one of the richest and most influen- tial of the settlers. He and Edward Moseley, who was the leading lawyer and ablest man in Albemarle, were in deadly enmity concerning the quarrels between the revolting Gov- ernors. 13. During this turbulent period among the public men the people of Albemarle were giving their principal attention to the fine crops of corn and other farm products. They were improving their settlements and reaping the full reward of industry and perseverance. In 1704 the manufacture of tar began, and it was soon discovered that this native article was destined to become a very valuable commodity, both at home and in foreign countries. Note. — The fort occupied by Handcock and his force was situated where the village of Snow Hill, Greene county, now stands, and was called by the Indians "Nahucke." The siege began March 20th, and in a few days the fort, with eight hundred prisoners, was taken by storm. Colonel Moore's loss was twenty white men and thirty-six Indians killed and about one hundred wounded. QUESTIONS. 1. How did Thomas Carey become Governor of Albemarle? How did he disappoint the people who elected him ? 2. What announcement was made by Carey at the meeting of the Assembly? How was this received by the people? Ill B TUSCARORA WAR. 55 ;>. What orders were brought by Porter? Who was elected as Carey's successor? How were the people disappointed in Governor Glover? 4. What was the condition of affairs? 5. Who arrived from England, and for what purpose? How. did Carey receive Governor Hyde's demand ? 6. How were the Tuscaroras acting during this public trouble? What calamity befell the colony? 7. What befell Baron de Graffenreid and John Lawsoft ? What was specially feared by the people? 8. What aid came from South Carolina? Describe the battle. 9. How did Governor Spottswood, of Virginia, act during this trouble ? 10. How was the colony preparing for war? 11. Describe the second battle and the result. 12. What terrible sickness visited Carolina in 1712 ? Who was one of the victims? Who succeeded Governor Hyde? What is said of Gov- ernor Pollock ? 13. How were the people of Albemarle occupying themselves during these troublesome times ? 56 HISTORY OF NORTH CAROLINA. CHAPTER XIII. GOVERNOR EDEN AND BLACK-BEARD. A. D, 1712 TO 1722. With the conquest of the Tuscaroras and their Indian allies, a great danger was removed from the settlements in Carolina. Tom Blunt and his people were assigned a tract of land as a token of the gratitude of the whites for their refusal to join in the war. This reservation was located first south of Albe- marle Sound, but afterwards was changed to the region still known as the "Indian Woods," in Bertie county. 1713. 2. Colonel Pollock was, in 1713, relieved of his office as Governor by the arrival of Charles Eden, with full powers from the Duke of Beaufort, who was then Palatine. Governor Eden was instructed by the Proprietors to discourage large expansion of the settlements. He became popular with a large portion of the people. He lived some years at Queen Anne's Creek, which town was called Edenton, as a compli- ment to him. He afterwards bought a place on Salmon Creek, in Bertie county, and dwelt there. This place is still known as Eden House. 1715. 3. In 1715 the same Yemassee Indians that had so signally aided in the overthrow of the Tuscaroras repeated, in South Carolina, the bloody work that had been witnessed in Albemarle. They were aided by other tribes, and murdered many white people. At the request of the Governor of South Carolina, aid was sent by Governor Eden. 4. Colonel Maurice Moore, who was the brother of Colonel James Moore, the late commander against the Tuscaroras, went GOVERNOR EDEN AND BLACK-BEARD. 57 in command of a legion composed of cavalry and infantry, enlisted and paid by orders of Governor Eden. -Colonel Maurice Moore, with his two brothers, was living on the ( 'ape Fear, where a considerable settlement had been recently estab- lished. 5. The oldest statutes of which we have record were, the same year, enacted at the house of Captain Richard Sanderson, in Perquimans. Edward Moseley was Speaker of the House of Assembly, and differed with Governor Eden in many mat- ters of provincial policy. He was, through all his life as a pub- lic man, intensely devoted to the interests of the colony; and though stoutly attached to the Episcopal Church, was resolute in his advocacy of complete religious liberty. He formed a strong party of men, who regarded the Governor as simply the agent of the Lords Proprietors ; therefore he was to be vigi- lantly watched and checked in any innovation upon established privileges. 6. There had been, for years, many crimes committed by pirates upon the ocean just along the North Carolina coast. They sometimes extended their infamous practices to the sounds and rivers. One Edward Teach, who was also called "Black- Beard," was the chief of these bloody thieves. He had a fleet of armed vessels, the largest of which was called Queen Anne's Revenge. This formidable craft carried a crew of one hun- dred men, and forty cannon. 7. Edward Moseley and others were clamorous for the arrest and punishment of such horrid offenders against the law, and denounced Governor Eden as their accomplice. It was brought to the knowledge of Captain Ellis Brand, who came in com- Note. — These Moores were the grandsons of Sir John Yeamans and held possession of his former residence on Old Town Creek. 8 58 HISTORY OF NORTH CAROLINA. mand of a British squadron in Hampton Roads, that Teach was to be found near Ocracoke (Oke-ra-coke f ). 8. Lieutenant Robert Maynard was ordered to go to that point and capture the outlaws. He found the pirates, who saluted him with so deadly a broadside, that a large portion of the royal men were slain. Maynard unfortunately got his ship aground in the action, and his deck was terribly raked by his antagonists' fire. His case seemed well-nigh hopeless, when he resorted to a stratagem. All of his men were ordered to go below, and soon the pirates saw nothing but dead men upon the deck. They hastened to board what they thought was another prize. 9. But Maynard and his men met them as they crowded upon the deck, and after a bloody struggle, captured nine men, who were the survivors of the prolonged and desperate conflict. Among these was a gigantic negro, who was on the point of blowing up the pirate vessel, when arrested in his desperate and suicidal purpose. 10. Black-Beard was slain during the battle, and Maynard sailed away from the scene of his victory with the corsair's head fixed upon his bowsprit. The captured offenders were carried to Williamsburg, Virginia, and there tried and exe- cuted, as they deserved. 11. In the early portion of the eighteenth century the whole Atlantic coast of America was more or less infested by these buccaneers. In some quarters they congregated in great num- bers and made expeditions in which they laid cities under contribution, and endangered all legitimate commerce in the new world. They were as cruel desperadoes as have been seen in any age of the world's history. After long and costly effort by the English and other governments, they were driven from the seas. governor i:m:x and black-beard. 59 QUESTIONS. I. What reservation was given to the Indians? 12. Who became Governor in 1713? How had Governor Eden been instructed by the Lords Proprietors? Where did he live? J5. What occurred in 1715? 4-. Who was sent to aid the people of South Carolina? o. At whose house did the Legislature meet? What noted man was Speaker of the House? Give some description of Edward Moseley. <>. What famous pirate was ravaging the coast about this time? 7. Of what had Governor Eden been charged? 8. Who was sent to capture the pirate? Describe the battle. 9. How did the engagement result? 10. What disposition was made of the captives ? II. What is said of the Atlantic coast during this period ? 60 HISTORY OF NORTH CAROLINA. CHAPTER XIV. GOVERNOR GABRIEL JOHNSTON. A. D. 1722 TO 1748. Upon the death of Governor Eden in 1722, Colonel Thomas Pollock, as President of His Majesty's Council for North Carolina, assumed the place of Chief Magistrate, but he died in a short while and was succeeded by William Reed. That year Bertie precinct was erected west of Chowan River, and court-houses were, for the first time, ordered to be built. Not only the General Assembly, but courts and all public aifairs, up to this time, had been held in private houses. 2. North Carolina then comprised three counties. These were Albemarle, Bath and Clarendon, Albemarle contained Currituck, Pasquotank, Perquimans, Chowan and Bertie pre- cincts. Bath and Clarendon, though counties, were not sub- divided at this time. 1724. 3. The Lords Proprietors, as the last evidence of their wisdom and interest in the province they had so long cursed with their misrule, sent over George Burrington as the Governor of "North Carolina/' called so at this stage of the narrative because of the recent addition of the counties of Bath and Clarendon. 4. This Governor Burrington must have been known to the noblemen and gentlemen, then the titular lords of the soil, for he had been indicted and punished in the Old Bailey, in London, for beating an old woman, and was, all his life, drunken and quarrelsome. Yet such a man came over to be the guardian of a people who knew not when they were to be GOVERNOR GABRIEL JOHNSTON. 61 tomahawked by the savages or driven into further exile by the zealots, who were disturbed at the nature of their religious belief. 1725. 5." This weak and wicked ruler only remained one year in charge, when Sir Richard Everhard came to replace him. They were brothers in iniquity, and before Burrington left Edenton these two men disgraced themselves by fighting in the streets of that village. The General Assembly met at Edenton, and by enactment of law, the dividing line between North Carolina and Virginia was run in November of this vear. J 1728. 6. Such rulers as have just been mentioned, so utterly disgusted every one in the colony, that the King and Parliament were petitioned to buy the province and abolish the rule of those who had only hindered its growth. So, in 1728, for the sum of forty-five thousand dollars, all of the proprietors except Lord Carteret, sold to the Crown their inter- est in Carolina, Thus, after sixty-six years of unbounded misrule, these men in London who had so greatly cursed North Carolina by their ignorance and mistakes, surrendered their title to property which had never paid them more than about one hundred dollars apiece in any one year. 7. They had never really cared for the people whom they were so anxious to disturb with their crude notions of religion. The schemes of London merchants were of far more moment than the welfare of Albemarle, and the folly of the Funda- mental Constitutions was to be upheld even at ruin of the province. 8. As an earnest of the superior care King George I. was to exhibit toward the colony, Governor Burrington was sent back to the people who were already so well acquainted 62 HISTORY OF NORTH CAROLINA. with his faults of temper and character. He soon got into trouble with the leading men in the province, and pretending to go to South Carolina, returned to England, where he was soon after killed in a night-brawl in a place known as "Bird- Cage Walk," in the city of London. 1734. 9. Nathaniel Rice was Governor until the arrival and qualification of Gabriel Johnston. He took the oaths of office at Brunswick, on the Cape Fear River. Governor John- ston was a Scotchman, who lived for several years in London, and was to prove the wisest and best of all the men sent over to rule the people in Carolina. He married Penelope Eden, daughter of the late Governor, and dwelt at her home on the Chowan River. 10. There were no troubles between the Governor and peo- ple in time of Governor Gabriel Johnston's rule. Sometimes Edward Moseley, who always felt it his duty to oppose the man sent from England to govern, would carry some little dispute into the General Assembly, but the measures of His Excellency, as a general thing, were pleasing to all classes of the people and received their support. 11. Dr. John Brickell, with a party of white men and In- dians, was sent by the General Assembly to explore the moun- tain region of Western North Carolina. He went into East Tennessee in his travels among the Cherokees. He brought back wondrous accounts of the beauty of the region and of the simplicity and kindness of the natives. Dr. Brickell practiced medicine in Edenton and wrote an interesting book about the North Carolina of that day. 1740. 12. During the Spanish war Governor Johnston enlisted four hundred North Carolina troops for the expedition, that were led by Governor Oglethorpe (O'g'l-thorp) against the GOVERNOR GABRIEL JOHNSTON. 63 Spaniards at St. Augustine. They formed a battalion of the regiment commanded by Colonel Vanderdussen ( Van-der-dus' sen). They were carried under Admiral Vernon to the siege of Carthagena (Kar-ta-fo'na) and participated in the dangers and horrors of that expedition. But few returned to tell the story of their disasters. 1746. 13. In consequence of the great defeat of the Scotch by the English at the battle of Culloden, many Scotch emi- grants began to settle in North America. The captives in the struggle mentioned had been offered choice between death and exile to America. The emigrants landed at Wilmington in large numbers and formed settlements along the Cape Fear River. One of their principal towns was at Cross Creek, now known as Fayetteville, and this place will be remembered as the home of the beautiful heroine, Flora McDonald, and her husband. These Scotch people were brave, industrious and frugal, and North Carolina has always esteemed them as part of her best people. 1748. 14. The province had never grown so rapidly, or was so prosperous, as in the rule of the wise and excellent man who now conducted public affairs. The provinces of North and South Carolina were formally separated in Governor Burrington's time, and upon the death of Governor Johnston, in 1752, it was found that the population had been multiplied several times over what it had been twenty years before, and now numbered nearly fifty thousand people. Great quanti- ties of tar, pitch and turpentine, also staves, corn, tobacco and other products of the farm, besides pork, beef, bacon and lard, were exported. QUESTIONS. 1. Who became Governor on the death of Governor Eden? What changes were noticed in the colony ? 64 HISTORY OF NORTH CAROLINA. 2. Into what precincts and counties was North Carolina divided ? 3. Who was sent over by the Lords Proprietors in 1724 as Governor? 4. Can you tell something of Governor Burrington's past life? 5. How long was Governor Burrington in office, and who succeeded him? How did these two officers conduct themselves in Edenton ? 6. What large purchase was made in 1728? Which of the Lords Pro- prietors reserved his right? What had been the annual profit to the Pro- prietors from the colony ? 7. How had these men always felt towards their province? 8. What was the first act of George I. in the government of North Caro- lina? How did Burrington's administration terminate? 9. Who was Burrington's successor? Who followed Governor Rice? Tell something of Governor Johnston. 10. How did Governor Johnston conduct affairs? 11. What expedition was sent out at this time? What account of the western country was given by Dr. Brickie on his return? 12. What occurred in 1740? 13. How and by whom was the Cape Fear region now being settled? What noted woman came with these emigrants? 14. Give an account of the prosperity of the province during this period. y THE PIRATES A\l> OTHEB ENEMIES. 65 CHAPTER XV. THE PIRATES AND OTHER ENEMIES. A. D, 1748 TO 1754. During the government of North Carolina by Gabriel Johnston, there was still much trouble from the buccaneers. These were pirates who chiefly infested the West Indies, where they were sometimes congregated by thousands at a single ren- dezvous. They were daring enough to invade cities and countries, and were a great terror and danger to all honest peo- ple within their reach. 2. In 1748 a fleet of these pirates, under the excuse of a war between England and Spain, sailed into the mouth of Cape Fear River. Instead of the plunder they expected to obtain from the farms and towns, they were bravely met by the people, as the fleet lay off the village of Brunswick, and after a bloody fight, they were driven back to sea with the loss of one of their ships. From the demolished craft were taken a number of negroes and valuables. All the spoils which rewarded the gallant defense of the men of Cape Fear were, by act of Assembly, given to the churches in Wilmington and Brunswick. 1749. 3. The year 1749 is memorable for the fact that then, for the first time, a printing press was seen in North ( Carolina. James Davis brought this press to New Bern from Virginia and began, years later, the publication of a news- paper, which was issued once a week and was called The North Carolina Magazine or Universal Intelligencer. This occurred in 1760, and the press was used until that time in printing 9 66 HISTORY OF NORTH CAROLINA. for the province the laws and proceedings of the General Assembly. 4. The first movements toward peopling the western sec- tions of the province were seen the same year in the purchase, by the Moravians, of a large tract of land from Earl Gran- ville. They called it Wachovia ( Wach-o'via), in compliment to Count Zinzendorf's (Tsint f sen-dorf) estate in Germany. The same region was to be rapidly peopled by other German settlers, with a large addition of Scotch-Irish emigrants. Their town was named Salem, and is now the county seat of Forsyth. 1752-3. 5. Upon the death of Governor Gabriel Johnston, President Rice assumed charge until his demise, the next year, when Colonel Matthew Rowan succeeded to the place thus made vacant. Colonel Rowan lived in Bladen, and was a planter of large means. He was greatly valued in his day, and his name is perpetuated in a county which has long been important in the history of North Carolina. 1754. 6. At this time there was great rivalry between France and England for supremacy in America. As large as was the area of unoccupied territory for division between them, they were fast maturing schemes for each other's expulsion from the Western Continent. 7. All around the English settlements, from New England past the great lakes, and down the Mississippi River, a chain of forts was being constructed by the French, and the aid of all the Indian tribes had already been secured except in the instance of the Iroquois or Six Nations in New York. Lord Dinwiddie (Din-wid'y), then Governor of Virginia, sent a Note. — In the year 1752 was published the first collection of colonial laws. The book was printed by James Davis. It was a very small volume, bound in yellow leather, and was always known as the " Yellow Jacket." THE PIRATES AM) OTHER ENEMIES. 67 messager to say that these enemies were even encroaching upon the Old Dominion and fortifying the fork of the two streams forming the Ohio River. 8. Pittsburg stands upon the very spot where this famous Fort Du Quesne (Du-Kane') was constructed. His lordship was eager for aid from North Carolina in an expedition he proposed sending against these intruders upon his domain. Governor Rowan and the General Assembly responded nobly to the call for aid. 9. Colonel James Innes, who had served gallantly under Lord Vernon atCarthagena (Kar'-ta-je'7ia), in South America, was put in command of a regiment mustering more than nine hundred men. Two hundred thousand dollars was voted for their equipment and supplies, and with high hopes, the long march for the Ohio River was begun. 10. When the army reached Winchester ( Win'ches-ter), in Virginia, Colonel Joshua Fry, who had been in command of all the forces, died, and Lord Dinwiddie appointed Colonel Innes his successor. But this appointment gave offense to the Virginians, who wished Colonel George Washington to take command. He was then a young officer of great promise, and had already become a favorite of the people. The Virginia Legislature, under the circumstances, would make no pro- vision for the support of Colonel Innes' regiment, and it was forced to return to avoid starvation. 11. Colonel Innes died at Winchester soon after, and in this way the generous action of North Carolina was com- pletely thwarted. The French occupied their fort and per- fected those arrangements which resulted, so shortly after- wards, in the terrible defeat of the army commanded by General Braddock. 68 HISTORY OF NORTH CAROLINA. 12. About thirty years after these occurrences, another array of Virginians and North Carolinians was assembled to crush the British officer, Colonel Furguson, at King's Mountain. A very different spirit prevailed there. The North Carolina officers, who greatly outnumbered those of the Old Dominion, insisted, as they were at home, that Colonel Campbell of that State, should assume the command, and their knightly cour- tesy resulted in a glorious victory. QUESTIONS. 1. Who infested the coast during Governor Johnston's term ? 2. How was a fleet of pirates received by the Cape Fear men in 1748? What was done with the spoils ? Point out Brunswick and Wilmington on the map. 3. What memorable event occurred in 1749 ? 4. Give an account of the settlement of Wachovia. In what part of the State is this settlement? 5. Who became Governor after the death of Governor Kice ? What kind of man was Governor Rowan ? 6. What were the English and French trying to accomplish in America at this period ? 7. How were the French preparing for hostilities? What was stated in Governor Dinwiddie's message ? 8. Of whom did Governor Dinwiddie ask aid? How did North Caro- lina respond to the call ? 9. To what extent did the province prepare assistance? 10. What occurred at Winchester? How did this appointment affect the Virginians, and why ? How did the effort of North Carolina to aid the Virginians terminate ? 11. What was the result of the expedition against Fort Du Quesne? GOVERNOR ARTHUI! DOBBS. 69 CHAPTER XVI. GOVERNOR ARTHUR DOBBS. A. D. 1754 TO 1765. King George selected Major Arthur Dobbs as the Governor of North Carolina ; and at New Bern, on November 1, 1754, he entered upon the discharge of his duties. He was a man of high temper, and was very obstinate in support of his views, but devoted to whatever he believed his duty demanded. His greatest fault was the filling of the public offices with the members of his own family, and his disposition to make jobs for his own benefit. 2. Governor Dobbs soon went on a journey to the new county of Rowan. He found that the Presbyterians, under Rev. Hugh McAden (Mae-Ad'den), and the Baptists under Rev. Shubal Stearns, were establishing churches and laying the foundations of towns in a region where, but a few years before, no white people were to be seen. 1757. 3. Colonel Hugh Waddell ( Wad-deW\ of Bruns- wick, was put in command of the troops raised in North Caro- lina for the French and Indian war. He had started to join General Braddock's column, but just previous to the fatal battle on Monongahela (Mo-non'ga-he'la) River he was recalled by Governor Dobbs to repel the attack of the Chero- kees upon Old Fort. This stronghold was built amid the western mountains, to overawe the Indians, and as a refuge for the settlers in time of invasion by the savages. Note. — Rowan county was established in 1753, and included in it< area most of the western portion of North Carolina and a part of Tennessee. 70 HISTORY OF NORTH CAROLINA. 4. Governor Lyttelton, of South Carolina, by his bad man- agement, had most wantonly provoked the Over-hill Indians into this state of hostility. His foolish and unnecessary inter- ference and cruelty, had converted these usually peaceful neighbors into sufficient hostility to make it easy for French emissaries to obtain their active aid against the English settlers. 5. Captain Dennie, with his company, was also besieged at Fort Tellico (Tel'li'co. Colonel Waddeil made haste with his battalion and drove off the Cherokees and burned their lodges, after destroying all the corn he could find. Another battalion was still kept with General Forbes, as North Carolina's con- tingent in the march against Fort Du Quesne. These things occurred in 1757. 6. In England the rule of the Duke of Newcastle over American and foreign affairs was terminated, and the first William Pitt had been put in his place. In every portion of the world mighty consequences were seen to flow from this arrangement. The fleets and armies of Great Britain were filled with the zeal and patriotism of the great statesman. 1759. 7. Of all the victories of the year, none was so important to America as that of General Wolfe over the French at Quebec. It broke the power of France in the Western Continent, and stopped, in a great measure, the war waged by Indians upon the frontier settlements. 8. At no period has the population of North Carolina increased relatively so fast as during the years now under con- sideration. Up to the death of Governor Johnston, it had amounted to no more than thirty thousand souls, but had more than doubled since that time. In 1754 the exports amounted to sixty-one thousand five hundred and twenty- GOVBBNOE ARTHUR D08BS. i 1 eight barrels of tar, twelve thousand and fifty-five barrels of turpentine, seven hundred and sixty-two thousand staves, sixty- one thousand five hundred and eighty bushels of corn, besides much tobacco, pork, beef and other commodities. 9. The most discreditable thing in Governor Dobbs' whole administration was his effort to get the General Assembly to locate the provincial capital on his farm, called "Tower Hill." It was the same place where the Indians were defeated by Colonel James Moore in 1712. He failed in his scheme, and the village now known as Snow Hill, in Greene county, was thus never the capital of North Carolina. 10. He and the Legislature, or more properly, the House of Assembly, were often at variance concerning the courts and judges. He wished to have things arranged to suit cer- tain men in London, and the House resolved that it should not be so; and in this way it resulted in North Carolina's being left, in the end, with no judges but the justices of the peace. 11. Even before this there was much complaint concerning the extortions of public officers on the people. Their poverty was extreme, but the agents of the king and Earl Granville made them pay enormous poll taxes and licenses. Francis Corbin was dragged from his home in Chowan to Enfield, then in Edgecombe county, to compel him to repay the sums he had unlawfully exacted. He gave bail and promised to return the illegal tribute, but instead of complying with his agreement he brought suit against the men who had seized him. The matter terminated in a riot, in which some of the chief friends of Governor Dobbs were concerned. 1765. 12. The Governor, being a very old man and weary of his contests with the House of Assembly, at length 72 HISTORY OF NORTH CAROLINA. asked for leave of absence ; but died, at his place on Town Creek, before sailing for England. He was devoted to his sense of duty to the king, and was in many ways deserving of public respect. QUESTIONS. 1. Who took the oath of office as Governor in 1754? Can you give some traits of his character ? 2. What visit was made by Governor Dobbs ? How was the new county of Rowan becoming settled ? 3. Who was put in command of the North Carolina troops? How was he prevented from joining General Braddock? Find Old Fort on the map. 4. Who had excited the Indians to the proposed attack on Old Fort ? 5. Give an account of Colonel Waddell's expedition against the Indians. 6. What noted man in England had charge of American affairs? What effect had his administration upon every portion of the world ? 7. . What great victory was gained in America at this period ? What good resulted to the whole country from this victory ? 8. What had been the increase of population in North Carolina ? Can you name some of the exports ? 9. Where did Governor Dobbs endeavor to have the capital of North Carolina located ? 10. What trouble did the Governor have with the Legislature ? With what result ? 11. Of what extortions did the people complain? How was Francis Corbin treated, and why ? 12. What is said of the close of Governor Dobbs' life ? GOVERNOR TRYON AND THE STAMP A< T. 73 CHAPTER XVII. GOVERNOR TRYON AND THE STAMP ACT A, D. 1765 TO 1766. Some months before the death of Governor Dobbs there had come over from England a handsome, polished and genial officer, who wore the uniform of Her Majesty, the Queen's Guards. This was Lieutenant Colonel William Tryon, who had been recently appointed Lieutenant Governor of North Carolina. He was thus soon in full authority in the province, where he was to leave a name that will never be forgotten. 2. Governor Tryon was accompanied by his wife and her sister, Miss Esther Wake. They were ladies of great attrac- tions and destined to become so much valued by the people that their name is still preserved in our midst, as that of our metropolitan county. 3. There was much gaiety seen at that time in the eastern counties. The Indians were all gone beyond the Blue Ridge Mountains, and the rude huts of old had, in many instances, been replaced by large and costly buildings of brick. The weddings were generally celebrated by balls that lasted for a week. Hospitality was never stinted, and most men of means thought their establishments imperfect until provided with a private race course. With hound and horn, there was great diversion, for game was abundant and the sport open to all who could get a horse to ride. 4. In such society, the brilliant family of the Governor was of course at once sure of unbounded influence. Perhaps no man was ever more warmly esteemed than was Governor 10 74 HISTORY OF NORTH CAROLINA. Tryon in the first years of his rule in the province. He was gracious and wary at the same time. He knew whom to cul- tivate, and while smiling on all he was fast making friends who were ready to die in his behalf. 5. The great preacher, George Whitfield, came this year, 1765, and moved thousands with his eloquence. His new sect, the Methodists, had made no progress then in North Caro- lina, and the converts went to swell the numbers of the Bap- tists, who were more numerous than the membership of any other church. 6. There was the utmost kindness of feeling between the new Governor and the people, when the news came that Par- liament had passed a law called the "Stamp x4.ct." It had been talked of and denounced in many portions of America, and now, with a unanimity that is still one of the strangest things recorded in history, the men of all conditions in every colony arose in frenzy and swore that this law should not be executed in America. 7. It was oppressive upon poor people because of the amount exacted, but was considered constitutional by many great law- yers who were the warm friends of the American people. But it had been held for some time that no tax levied by England, Note. — The "Stamp Act" required that all colonial legal instruments, such as deeds, bonds and notes, should be written only upon stamped paper, otherwise they were not binding or of any effect. The paper was prepared in England, to be sold to the colonists at the heavy tax of one and two dol- lars upon each sheet. In addition to this, the act contained a great variety of ruinous exactions. Newspapers and pamphlets were taxed more than such publications at present would cost. An advertisement in a newspaper paid the government fifty cents ; almanacs, eight cents; college diplomas, ten dollars ; and the fee charged for a marriage license was sometimes as high as fifteen dollars. GOVERNOR TRYON AND THE STAMP ACT. 75 without the consent of America, was just; and thus every man resolved that the Stamp Act should not be enforced. 8. When the news reached Governor Tryon at Wilming- ton, the General Assembly was in session at that place. A very bold and fearless man, named Colonel John' Ashe, was then Speaker of the House of Assembly. Governor Tryon asked of Ashe, in private conversation, what the House would do as to the new law. " We will resist its execution to the death," said he, and that very day Governor Tryon sent them all home by proroguing* the session. 9. The first step of the people was to carry James Houston, who had been appointed agent, before Moses John DeRosset, (Dcr f ro-zeW) who was then Mayor of Wilmington. There, in the presence of many distinguished men of the Cape Fear country, he resigned his office as stamp agent, and made oath that he would have no further connection with it. 1765-66. 10. The ship of war Diligence came with the stamps on September 28th, 1765. The commander was told by armed men, under Colonels Ashe and Waddell, that they must not be landed; and no effort was made to do so. All was quiet until February of the next year, when two vessels from Philadelphia came with no stamps upon their clearance papers. 11. They were seized for this by the King's officers, and then the storm arose. Armed men took the papers from the collector and marched down to Fort Johnston to seize Captain Lobb, who was holding the two vessels. All supplies of bread and fresh provisions were stopped from the British fleet, and the Governor, himself, was so intimidated that the offend - * Prorogue is to continue or adjourn a legislative body from one session to another by Royal or State authority. 76 HISTORY OF NORTH CAROLINA. ing visitors were released and the Stamp Act completely defeated. 12. Soon after this came news from England of the repeal of the law that had so terribly excited America. Governor Tryon announced the fact in a proclamation, but he had been humiliated by the resistance at Wilmington, and from that hour, probably, determined on the revenge which he after- wards exacted at Alamance. Note. — Governor Tryon desired to regain his influence, for political pur- poses, over the people whom he had so greatly offended ; and he ordered a general muster at Wilmington. He prepared a feast for the militia, of whole oxen roasted, and barrels of beer. When the feast was ready the people rushed to the table and threw the oxen into the river and emptied the beer upon the ground. A general fight ensued between the militia and the men of the English vessels, and perfect quiet was not restored for several days. QUESTIONS. 1. What distinguished person have we now under consideration ? How did he become Governor of North Carolina ? 2. Who accompanied Governor Tryon ? What is said of the two ladies ? 3. Tell something of life in the eastern counties at this time? 4. How did the Tryon family become very influential ? 5. What great preacher came to North Carolina in 1765? How were his labors rewarded? 6. What memorable law was passed by Parliament? How was the news received in North Carolina? 7. What were some of the opinions concerning the "Stamp Act"? 8. Under what circumstances did news of this act reach Wilmington ? What did Governor Tryon do with the Assembly ? 9. Mention the first act of resistance to this unjust law. 10. What occurred on arrival of the Diligence? 11. What trouble befell the two Philadelphia vessels ? How was their release effected? 12. What joyful news came from England soon after this? How had Governor Tryon been affected by the resistance of the people in this matter ? GOVERNOR TYRON AND THE REGULATORS. 77 CHAPTER XVIII. GOVERNOR TRYON AND THE REGULATORS. A. D. 1766 TO 1771. In the middle and western counties of North Carolina in the period referred to, there was collected a wonderful increase of people. They had come in large companies from Scotland, Ireland, England and Germany. Fully two hundred thou- sand inhabitants were by this time to be found east of the Blue Ridge mountains. They were separated by that great barrier from the Cherokees, who latterly had well respected this line of separation. 2. A great portion of the western settlers had recently come to their new homes, and were very poorly provided with the means of living. They were hundreds of miles from market, and made nothing on their farms to sell but wheat. These farmers were taxed about twelve dollars apiece on the poll, and paid a quit rent of seventy-five cents on each one hundred acres of their land. 3. When they hauled wheat to Cross Creek, near Fayette- ville, it realized but little more than enough to pay for the salt needed in the family. Sugar and coffee were luxuries in which they rarely indulged. It can then be seen how cruel was the honest collection of what the laws demanded of these poor people as taxes. When these sums were increased enormously by the dishonest sheriffs the farmers were in despair, for it was beyond their power to pay. 1767. 4. They were mostly ignorant men. There was not a school in all the province until 1767, when the New Bern 78 HISTORY OF NORTH CAROLINA. Academy was chartered by the Legislature. They knew they were being cheated, but did not understand how it was done. Colonel Edmund Fanning, of Hillsboro, in Orange county, was growing rich as Register of Deeds, and was the ringleader in this oppression of the people. 5. In this same county lived Herman Husbands, who was a Quaker preacher, and though of limited education, was a man of considerable natural abilities. He prevailed on his neighbors at Sandy Creek to form an association for mutual protection against the wrongs of the public officers. His organization was known as the "Regulators," and they were to help each other in the law suits and indictments growing out of a refusal to pay unlawful demands. 6. This was wise and proper, but Husbands should have joined the league he was thus creating, and thereby shared the liabilities of the members. This he would not do, but preached and harangued until the people were in a fever of excitement over what he said. 1768. 7. The first trouble grew out of the seizure of a horse from one of two men sent to Hillsboro on a mission to the sheriffs. The Regulators took the horse by force, and fired shots into the roof of Colonel Fanning's house. That night Husbands was arrested and carried to Hillsboro, and gave bail for his appearance at the next Superior Court. He had hardly gone before seven hundred men came for his rescue, but went away on promises of Isaac Edwards, who was Tryon's Secretary, that the Governor would right the wrongs. 8. Governor Tryon went there in a few weeks, but only condemned the men who asked his aid, and going west, came back to the Superior Court with an army of eleven hundred men, which he had raised in Mecklenburg and Rowan. GOVERNOR TRYON AND THE REGULATORS. 79 Husbands was acquitted on trial, but three other Regulators were heavily fined and imprisoned. Colonel Fanning was convicted in five cases, of extortion in office, and the judges, to their shame, only imposed a fine of one penny in each case. 9. This marching of troops and failure of the court to do its duty only made matters worse. The Regulators grew in numbers and violence until the courts could not be held in some counties. Husbands was expelled from his place in the House of Assembly for a libel on Judge Maurice Moore, and put in prison. His release was effected in time to stop a crowd of several hundred men from going to New Bern where they said they would release him, and burn the splendid new palace the Governor had just built. 1771. 10. Matters thus grew worse until, in 1771, Gov- ernor Tryon raised an army of men in the eastern counties, under a law of the Assembly, and marched to Orange to put down what he called the "rebellion of the Regulators." Colonel Waddell started also with another body of troops from Salisbury to meet him, but these were met by the Regu- lators and driven back. 11. On the 16th of May, 1771, the force of Governor Tryon, numbering eleven hundred men, was met in battle by the Regulators at a place called "Alamance," in Orange. In the battle that ensued there was stubborn fighting on both sides, until the ammunition of the Regulators was exhausted, and they were driven from the field. Many men lost their lives, and North Carolina had only the melancholy satisfac- tion, after so much blood and confusion, that Hermon Hus- bands and Edmund Fanning, who were largely responsible for it all, were no longer citizens of the province. 80 HISTORY OF NORTH CAROLINA. Note— It has been said that the battle of Alamance was begun by Gov- ernor Tryon, who fired the first gun at a prisoner named Robert Thomp- son, killing him instantly. The men seemed to hesitate about beginning the fight, and Governor. Tryon, rising in his stirrups, exclaimed: "Fire! fire on them, or on me!" QUESTIONS. 1. How were the middle and western counties of North Carolina being peopled at this period ? 2. Give some description of these people. How were they taxed ? 3. What return did the sale of their crops bring them ? How was theirs a hard lot ? 4. When was the first North Carolina school organized ? By whom were the poor farmers being oppressed ? 5. What noted man is now mentioned ? Can you tell something of the acts of Hermon Husbands in the province ? 6. How did he shrink from becoming a member of his league ? 7. What was the first trouble ? How did they settle the matter ? Men- tion some circumstances of the trial of Husbands? 8. What was the result of Governor Tryon's visit toHillsboro? How did the trials at court terminate ? 9. How were the Regulators affected by this "mock judgment" ? Into what trouble did Husbands next fall ? 10. What steps were taken by Governor Tryon towards crushing the Regulators ? By whom was his army re-inforced ? 11. Can you describe the memorable "Battle of Alamance" ? What benefit was derived from it ? Point out on the map the scene of the battle. GOVERNOR MARTIN AND THE REVOLUTION Si CHAPTER XIX. GOVERNOR MARTIN AND THE REVOLUTION A, D. 1771 TO 1774. Governor Tryon left the province a month after the battle of Alamance and went, by the King's appointment, as Gov- ernor to New York. He had most signally failed to do his duty in compelling his subordinates to act honestly with the people, but he yet retained the confidence of many able and patriotic men. Richard Caswell and many more leaders in the province were really distressed that he had ceased to be the Chief Magistrate of North Carolina. 2. James Hasell, as President of the Council, assumed the conduct of affairs until the arrival of Major Josiah Martin. This new Governor was not so cruel and vindictive as Tryon, but was as obstinate as Governor Dobbs. Perhaps in the stern antagonisms of that day his better qualities were over- looked by the men who had such different promptings as to their duty. 3. Colonel John Harvey was made the Speaker of the House of Assembly, in place of Colonel Caswell ; and the Legislature, at the Governor's suggestion, passed an amnesty Note. — In 1772 the people of North Carolina were considerably excited over the arrival of a woman who claimed to be " Lady Susanna Carolina Matilda," sister to the Queen of England. She came into the province from Virginia, where she had received great honors. She was treated in ele- gant style by Governor Martin and his wife at the Palace in New Bern, and great courtesies were extended to her by the people of the various towns she visited. Her manner was so complete a reproduction of that seen in the highest court circles that every one was duped until her exposure 11 82 HISTORY OF NORTH CAROLINA. act as to all the men who were lately engaged in the Regula- tion, except a few who were mentioned as leaders along with Herman Husbands. 4. John Burgwinn, the southern treasurer of the province, made such a statement of the outstanding indebtedness that it was concluded that the taxes could be wisely decreased, as so large a sum was no longer necessary. But Governor Martin refused to assent, and in this way had his first disagreement with the people's representatives. 5. The repeal of the Stamp Act had been gratefully received, but Parliament still excited great fears by the passage of a preamble to a certain bill in which the power was claimed for that body to tax America. It had cost immense sums to the Crown to drive out the French, and much money was still needed to pay English expenses in America. 6. It was insisted that the colonies ought to pay their fair share in these burdens. The great question was, how this was to be done. If Parliament could levy what it pleased, then the Americans were no longer free men, in that they were not masters of their own purses. Many propositions were made to compromise the difficulty, but none were, as yet, pleasing to both sides in the great controversy. 1774. 7. Letters from the burgesses of Virginia and other colonies were read to the House of Assembly by Speaker in Charleston, where she was arrested. It became known that the impostor was one Sarah Wilson, who had been a servant to one of the ladies of the Queen's Court. She had stolen some valuable jewels belonging to the Queen and was condemned to death, but, her sentence being commuted to banishment, she was brought to Maryland and sold to service. Making her escape, she assumed the name of royalty to escape detection. She had been lavish of her promises of aid to sundry men, for which they had advanced to her considerable sums of money. GOVERNOR MARTIN AND THE REVOLUTION. S3 Harvey, in which it was proposed to appoint "Committees of Correspondence." These were to watch the doings of the British Parliament and concert measures of general defence. The great measure to this end was the assembling of a Con- gress of all the colouies at Philadelphia. 8. This movement was especially distasteful to Governor Martin. He resolved that he would prevent North Carolina's having any part in this matter, as Governor Tryon had done on a previous occasion. He told Thomas Biggleston, his private secretary, that he would prorogue the Assembly and thus forestall all action. 9. Biggleston, for some cause, divulged this secret reso- lution to Colonel John Harvey, who happened to be in New Bern. The Speaker was very nearly dead with disease, but his stern nature was fired at the intelligence. He rode at once in his stick-gig to meet Willie Jones, of Halifax. He, and a day later, Samuel Johnston and Edward Buncombe, all agreed to a proposition presented by Harvey. 10. The plan adopted was, that the Speaker should issue printed hand-bills throughout the province, calling upon the* people to elect a Congress for North Carolina, which should represent the people and yet not be liable to the Governor's orders. 11. This w T as soon done, and Governor Martin was furious at the calm audacity of this Speaker, who could summon such a body to meet at New Bern, in the very presence of the King's representative, as he said, "to concert treasonable schemes against the Crown." The Governor called his council together and issued a proclamation forbidding the assemblage of any such body. 12. In spite of all this, the first Provincial Congress of North Carolina met at New Bern, and elected Richard Caswell, 84 HISTOEY OF NORTH CAROLINA. Joseph Hevves and William Hooper as delegates to the Conti- nental Congress. After protesting their loyalty to the Crown, but expressing a full determination to defend their rights as freemen, they entered into an agreement that unless some redress was had of their grievances, to cease from all trade with English merchants. 13. This Congress, August 25, 1774, was the first great step in the Revolution, which was to deliver North Carolina and America from the dominion of a distant King and Parlia- ment. The men of America were soon to be free from all foreign interference in their government. It was a bold and hazardous step in Colonel Harvey and the men over whom he presided as moderator, but eventual safety was to be the reward of those who thus dared to be free. QUESTIONS. 1. When did Governor Tryon leave North Carolina? To what place did he go ? What had been the results of his administration ? 2. On whom did the government now devolve ? Who next became Governor? How is Governor Martin compared with some of his prede- cessors ? 3. Who presided in the House of Assembly ? What special act was passed ? 4. How did Treasurer Burgwinn report as to the provincial debt? How was the action of Assembly received by Governor Martin ? 5. How were the people excited by the English Parliament ? 6. What did the people claim ? 7. What was proposed by other colonies? 8. To whom was the movement specially displeasing ? What did he resolve to do ? 9. How was Governor Martin's intention made known? What was done by Colonel John Harvey ? 10. What plan was adopted by the patriots? GOVERNOR MARTIN AND THE REGULATORS. 85 11. What effect did the proposition have upon the Governor? How did lie try to prevent the Congress? 12. When and where did the Provincial Congress meet? Who were selected as delegates to the Continental Congress? What else was done la- the Congress at New Bern ? 13. In what respect was this North Carolina Congress of great eonse- quence and significance ? mini' 8Q HISTORY OF NORTH CAROLINA. CHAPTER XX. LAST OF THE ROYAL GOVERNMENT. A, D. 1775. After the meeting of the first Provincial Congress at New Bern there were, to all observers of intelligence throughout the world, evident signs of approaching rupture between the King's agents and the people in North Carolina. Each day widened the breach between them and rendered more impos- sible all efforts at arrangement of the troubles. 1775. 2. In February, 1775, Colonel Harvey again issued hand-bills for another Congress to assemble at New Bern. Governor Martin repeated his unavailing proclama- tion of the year before. The General Assembly was to meet at the same time and place. Colonel Harvey was re-elected to preside, both as Moderator and Speaker of the two bodies. 3. As the two Houses of Assembly met Governor Martin in the palace, he saluted them with indignant remonstrances, which were, the next day, most ably answered in an address prepared by Captain Robert Howe, of Brunswick. The same delegation was returned to Philadelphia ; and articles of asso- ciation pledging the members to abstain from all commerce with British marts, were signed by all except Thomas Mc- Knight, of Currituck. 4. It was seen that a crisis was near at hand. Boston had been held, for months past, in a state of siege. At length, on April 19th, came the fatal encounter at Lexington. We con- stantly hear of accidents wherein more lives are lost, but this little skirmish was enough, with its tidings, to fire the hearts of a continent. LAST OF THE ROYAL GOVERNMENT. 87 5. Such an occurrence in our day outstrips the winds in the speed of its promulgation. In less than an hour it is known all over the Mississippi valley, across the Rocky Mountains and along the shores of the Pacific Ocean. But our ancestors of that day had no railways and telegraphs ; so, it was fully too weeks after the militia-men slain at Lexington had stiffened in their blood, that Richard Caswell met the news in Petersburg, Virginia. 6. A courier was hurrying southward with the tidings, but it was not until May 20th, that the people of Mecklenburg, in North Carolina, became aware of what had occurred. At the village of Charlotte there was that day assembled a large concourse of the leading men of that county. Fired at the nature of the startling intelligence, they held a convention and passed resolutions of independence that will forever im- mortalize their names. 7. All America, while arming for the war, was still pro- testing loyalty to the King, but these men of Mecklenburg leaped to a conclusion which more than a year of blood was required to impress on the minds of their countrymen. Abraham Alexander presided in the meeting, and the famous "Mecklenburg Declaration of Independence" was drawn by Dr. Ephraim Brevard. 8. The news from Boston was speedily followed, in North Carolina, by mournful tidings from Perquimans. Colonel John Harvey, after so many strenuous efforts to put North Carolina in readiness for the storm, sunk under disease, and Note. — The men of Mecklenburg held another meeting on May 31st, and adopted a system of government and military commissions. These peo- ple publicly declared themselves free from English rule nearly fourteen months before the Declaration of Independence at Philadelphia. 88 HISTOKY OF NORTH CAROLINA. died at his place in "Harvey's Neck/' on the Albemarle Sound. No braver or wiser man has ever borne a part in the conduct of affairs in North Carolina. 9. It had been seen at New Bern that his days were num- bered, and Samuel Johnston, of Chowan, was then authorized, in case of Colonel Harvey's disability, to call another session of the Provincial Congress whenever he should deem such a step needed. Accordingly, that body met at Hillsboro, in the month of August, 1775. 10. The men who had been Regulators were mostly friends of the King, and threatened to go down and break up the Congress, but for some reason forebore. There was little done by this Congress beyond arranging military matters. Two battalions of Continental troops were ordered, and the province divided into military districts. 11. A provisional government, with Cornelius Harnett, of New Hanover, at its head, was provided ; but the powers com- mitted to it were only as to defence. Through Moderator Johnston's influence everything was kept as much as possible unchanged, with a view to reconciliation with the Crown. 12. Governor Martin had fled from the palace in New Bern, and had been for some time on board a British ship of war, in Cape Fear River. The crew of this vessel was fed by provisions from Wilmington, and the watchful "Commit- tee of Safety" was allowing men to visit the Governor for all purposes except military commissions. He was even invited to return to his lawful residence; and in this strange mixture of war and peace existed the North Carolina of 1775. Note.— Had Governor Martin remained at his official residence in New Bern he would have created much trouble in the Whig councils. They were not prepared, as yet, for claiming independence, and still recognized LAST OF THE ROYAL GOVERNMENT. 89 • their fealty to the King. Among the transactions of the Hillsboro Con- gress, was the resolution ordering the restoration to Governor Martin of his coach and four horses, which had been abandoned by him in his flight from New Bern. QUESTIONS. 1. What signs were observed after the Provincial Congress? 2. What was done by Colonel Harvey in 1775?. How did Governor Martin act? 3. Describe the meeting between Governor Martin and the Assembly. Who answered the Governor's remonstrances? What articles were signed by the members ? 4. What startling news was received in April? 5. How did the circulation of news in 1775 differ from the present? Who was first to receive the news of Lexington ? O. How long before the tidings reached Mecklenburg? What occurred at Charlotte? Find this town on the map. 7. What was the attitude of the American people at this time? By what name have the Charlotte resolutions always been known ? 8. What sad news next thrilled North Carolina? 9. Who had been appointed to take Colonel Harvey's place ? When and where was the next Provincial Congress held ? 10. Which side was taken by the Kegulators in this great trouble? What was done by the Congress ? 11. Who was put at the head of the provisional government ? 12. What did Governor Martin do at the commencement of trouble ? How was he treated bv the Wilmington "Committee of Safetv"? 12 90 HISTORY OF NORTH CAROLINA. » CHAPTER XXI. THE REVOLUTION. A. D. 1776. The Hillsboro Congress had not called out troops any too soon, for it was discovered that both Governor Martin, in North Carolina, and Lord Dunmore, in Virginia, were en- gaged in schemes to excite insurrections among the negro slaves. Colonel Robert Howe, with the Second North Carolina Bat- talion, was sent to Norfolk, in Virginia, where the British troops, being beaten at Great Bridge, were soon driven from the soil of the "Old Dominion." 2. This occurred in the month of December, 1775. About the same time Colonels Griffith Rutherford, Thomas Polk and James Martin embodied their militia regiments and went to South Carolina, where they speedily crushed a Tory insur- rection of certain men called the "Scovilites." The militia were, of course, aided by Whig troops of that province. 3. The term "Tory" was applied to men who upheld the royal authority, and they were opposed to any movement to defend the colonies against the exactions of the Crown and Parliament. The "Whigs," on the contrary, were at that day demanding that American commerce should be free, and that no taxes should be imposed in England to be levied in the colonies. They were loyal to the King and only opposed to that which they considered oppressive in the designs of his ministers. 1776. 4. The new year, 1776, came in with Governor- Martin still lingering on board the Cruiser in the Cape Fear THE REVOLUTION. U] River. He was closely watched by Colonel James Moore, who kept his command (the First North Carolina Battalion), in that vicinity. In February came the news that the Scotch Highlanders and Regulators were gathering at a place called, at that day, "Cross Creek," and now the city of Fayetteville. 5. A large fleet and army were on their way from England and elsewhere, to take the town of Wilmington. These men, assembling at Cross Creek by Governor Martin's orders, were in arms to force their way across the country and join the expected British army. Colonel Moore at once met them at Rockfish Creek, where he fortified his camp and awaited an attack. But he soon found this would not occur, so he sent Colonel Lillington and Captain Ashe with two hundred and fifty men to occupy a bridge over Moore's Creek that he sup- posed would intercept General Donald McDonald's flight to the sea. 6. Whigs in arms were coming from different directions against these banded Tories, and they soon saw that unless they passed Colonel Moore they would all be surrounded and captured. McDonald was an old and skillful officer, and he moved across the Cape Fear River and started first to meet Colonel Caswell, who was coming up from New Bern with eight hundred men of that section. 7. Caswell made haste to join Lillington on Moore's Creek, and artfully led the enemy to believe that he was camping on the evening of February 26, 1776, on the same side of the stream with him. He left his fires burning, but in the dark- ness crossed the bridge, removed the timbers except two log- girders, and took up a position supporting Lillington and Ashe, who had already put themselves in the best place to prevent the passage of the Tories. 92 HISTORY OF NORTH CAROLINA. 8. In the darkness of early dawn, on the 27th, Colonel Donald McLeod (Mak-lowcV) took the place of his sick com- mander, General McDonald, and burst into what he had been led to believe was Colonel Caswell's cam}) ; but his spies had been misled, and his foes were to be reached only by cross- ing the bridge before him. The prospect was appalling, but McLeod was brave, so putting himself at the head of a picked band of broad-swordsmen, he charged across the two logs. It was a terrible moment when the Whigs saw these dauntless, bare-legged Highlanders, who had so often broken the strong- est lines of troops in Europe, rushing furiously upon them. But they were cool, and the deadly rifles were plied upon the Scotchmen as fast as they came. 9. Colonel McLeod fell dead in his headlong charge, being pierced by twenty-six balls. The carnage was so frightful that the onset was stayed, and then as the assailants became doubtful of forcing their way, Captain Ezekiel Slocumb, with his com- pany, rushed from the woods and charged their startled flank. A wild panic ensued, and the Tories fled in disorder from the fatal bridge. 10. The Whigs followed in hot pursuit, and the victory was overwhelming and complete. Nearly two thousand of the Loyalists were thus defeated by eleven hundred undis- ciplined Whigs. Eight hundred prisoners, including Gen- eral McDonald, with all the camp stores, were taken. 11. There was not a more complete victory during the war. It thwarted the schemes of Governor Martin, and so dis- pirited the Scotch and Regulators that years were to elapse before further trouble came from them. Lord Cornwallis came into the Cape Fear River with his army, but hearing of the disaster, sailed away, having effected nothing but an inglorious descent upon the farm of General Robert Howe. THE REVOLUTION. 93 12. Thus began and ended the first British invasion of North Carolina. Colonel Moore was made a General for his wisdom in planning the campaign, and Caswell, Lillington and Ashe, with their gallant command, were everywhere honored for their bravery and success. Note. — A proclamation was issued soon after this, giving pardon to all who would submit to the government of the King, except General Robert Howe and Cornelius Harnett. QUESTIONS. 1. In what scheme was Governor Martin found engaged ? Who was sent to Virginia ? 2. What forces went to South Carolina? 3. What is the meaning of the term "Tory" ? Of "Whig" ? 4. What was the situation in Wilmington in 1776? What important news was received ? 5. What expedition was coming to Wilmington ? How was it to be re-inforced ? How was Colonel Moore preparing to meet these men from Cross Creek? 6. Mention other preparations for a tight. 7. Give an account of Colonel Caswell's position on Moore's Creek ? 8. Who commanded the Tories ? Describe his charge upon the Whigs. 9. Give an account of the battle of Moore's Creek. When did this occur? Locate the scene of this battle on the map. 10. What was the result ? 11. What was the effect of the victory ? What distinguished British officer entered the Cape Fear ? 12. How did the people feel towards Colonel Moore and the other com- manding officers ? 94 HISTORY OF NORTH CAROLINA. CHAPTER XXII. INDEPENDENCE DECLARED. A. D. 1776 TO 1777. When the wisest men in North Carolina gathered at Hali- fax on April 4, 1776, it was quickly seen that a great change had been effected in the sentiments of the Congress. A year before nearly all were professing loyalty to the British Crown, but in a few days it was determined that instructions should be sent to the North Carolina members of the Continental Congress that they should take such steps as would promote an early declaration of independence by the united colonies. 2. With the exception of the Mecklenburg Declaration of the year before, there had been, up to that time, nowhere in all America a single organized body to venture on such a pro- position. Individuals like Samuel Adams, William Hooper and Christopher Gadsden, had been heard advocating it; but every other assembly was yet protesting its loyalty to the King. It was more than a month before Virginia would yet consent to Patrick Henry's demands, and the other colonies were to follow at intervals after her endorsement. 3. In the annals of the world there is no prouder record than the entry made on the journals of the Halifax Congress, on the 13th day of April, 1776. A great fleet and army were yet upon the soil and within the waters of North Caro- lina, but this fleet could not deter these resolute patriots from thus taking the lead in a doubtful aud perilous departure from all the ties and obligations of the past. INDEPENDENCE DECEAKED. 95 4. It can then be understood how joyously the new- was received at this same town of Halifax, on July 22(1, that the Continental Congress had aceeeded to the wishes of North Carolina, and had, on the 4th day of the same month, declared the "Independence of America." 5. The "Council of Safety" was at that time in session at Halifax, and Cornelius Harnett, as the highest civil function- ary in the commonwealth, read to a great assemblage of the people that sublime protest against wrong and appeal to the "God of Battles," which Thomas Jefferson had so lately form- ulated at Philadelphia. It was ordered to be read in all portions of North Carolina, and with one exception as to the counties, the mandate of the civil authorities was everywhere obeyed. 6. All the North Carolina troops then in arms, including the two Continental battalions and the militia under General Ashe, were sent to Charleston. They were spectators of the combat in which the gallant Moultrie, with his fort of pal- metto logs, so signally defeated the same fleet under Sir Peter Parker that had been so recently in Cape Fear River. 7. General James Moore started north from Charleston in command of his brigade, but died in Wilmington. Colonel Francis Nash succeeded to his place. General Howe was sent to Savannah to take command there, having with him his old command, the Second North Carolina Battalion. Four new battalions were ordered by the Provincial Congress and were soon to be in the field. 8. On the same day with the battle in Charleston Harbor, June 28, 1776, the Cherokee Indians descended from their mountain homes and murdered two hundred western settlers. General Griffith Rutherford collected two thousand men of 96 HISTORY OF NORTH CAROLINA. the militia regiments in his command, and took such swift and ample vengeance that from that time these Indians were to be of no more trouble to the frontier. They had been incited by British agents in their disastrous work. 9. With the declaration of independence, it was at once determined, at Halifax, to create a State constitution and gov- ernment, and but for a resolution of some member to insert religious tests in the new organic law, the whole matter would have been then consummated. A convention met at Halifax, in December, and there framed a constitution for the State of North Carolina. 10. Samuel Johnston had presided in the Congresses since the death of Colonel Harvey; but he held views that were dis- tasteful to the people, and in that way Colonel Caswell was not only selected to be president of the convention, but also the first Governor of the State. He had come to North Caro- lina from Maryland in the time of Governor Gabriel John- ston. He was a mere youth then, but was soon engaged in important duties. His wisdom and discretion were such that he had already been Speaker and Treasurer in the royal rule, and since then a member of Congress and Colonel in the New Bern district. 11 . The new government went into operation at once, and the great work of supplying the State with judges, sheriffs, magistrates and other officers began. For several years past there had been no courts to punish offenders or administer the law otherwise. Everything had been in the hands of the provincial and district committees of safety. The British enemy was far from their borders, and though danger still lurked in the Tory strongholds, the Whigs went forward towards completing the great work of a free people in a INDEPENDENCE DECLARED. 97 sovereign commonwealth — governing themselves. In throwing off their allegiance to King George III., there was no fealty due from the people to any authority but the State of North Carolina. They were struggling with other communities to put down royal oppression, and their only obligation was to God and North Carolina. QUESTIONS. 1. What great changes were observed in North Carolina after the Hali- fax Congress? What instructions were sent to the North Carolina mem- bers of the Continental Congress? 2. Was North Carolina the only State asserting independence at this time ? How was the matter viewed by prominent men ? 3. What is said of the proceedings of the Halifax Congress on April 13, 1776? 4. W T hat was done by the Congress at Philadelphia in regard to the proposition of North Carolina to declare independence? 5. What did the people of Halifax do when the news of the "Declara- tion of Independence" came ? 6. Where were the North Carolina troops at this time ? What engage- ment did they witness ? 7. What valuable officer died at Wilmington ? Who succeeded him ? To what place was General Howe ordered ? 8. How were the western settlers visited with disaster about this period ? Who went to their relief? O. What was determined at Halifax concerning a government for the State? What defeated the movement? When and where was the State Constitution framed ? 10. Who was selected as the first Governor of North Carolina ? Can you tell something of Governor Caswell's history? 11. Describe the operations of the new government? What was the general political condition of the people of North Carolina ? 13 98 HISTORY OF NORTH CAROLINA. CHAPTER XXIII. THE WAR CONTINUED. A, D, 1777 TO 1779. When the obstinate cruelty of King George, and more than a year of bloodshed had banished from American hearts all sentiment of loyalty to the Crown, it was seen that a new government was needed in place of that under which the colo- nists had previously lived. There was division among the wisest men in North Carolina as to the nature of the new system which had thus become necessary. 2. Samuel Johnston was a very wise, rich and patriotic leader. He had large experience in public affairs and was devoted to his country, but thought that new experiments in government were dangerous. He wished to keep up the old system of rule as far as possible, and did not believe in the power of the people to properly govern themselves. These views were also held by General Allen Jones, of Northamp- ton, and other very prominent men. 3. On the other hand, Willie Jones of Halifax, brother of General Allen Jones, was the leader of a majority of the leg- islators and people. He held as the fundamental article of his political creed, that the American people were capable of taking care of themselves, and that all political power belonged to and proceeded from them. Like Jefferson of Virginia, he advocated religious freedom, separation of Church and State, liberty of the press and choice of rulers by the masses at the ballot-box. All these new and startling departures from old precedents were incorporated into the new State government THE WAR CONTINUED. 99 of North Carolina.* The British troops were far away to the north, and Governor Caswell and his coadjutors were left undisturbed to put into successful operation all branches of an untried system. 4. All of the North Carolina Continentals were with Gen- eral Washington early in the new year 1777. They reached him in a great emergency. His army had just been driven from New York across the State of New Jersey, and such had been his losses by battle and otherwise, that when he reached the Delaware River he could hardly muster five thou- sand men. 5. Sir William Howe, the British Commander-in-Chief, had twenty-nine thousand trained soldiers available, and when Lord Cornwallis, who had been pursuing the Americans, was halted by him, it was the salvation of the force left with General Washington. Had Sir William forborne to give that order to Cornwallis, which stopped the British advance, the struggle would have soon ended in the capture of Washing- ton. After a week of delay, Cornwallis was permitted to advance, and even then came up in time to see the last boat- loads of the American troops crossing the great river which so effectually stopped all further pursuit. 1777. 6. When General Nash arrived at the American camp, after his long march from the south, he brought six full battalions of North Carolina Continentals, nearly doubling the force upon which the hopes of America mainlv *On page 32 the language used in the note concerning religions persecution is perhaps too broad. Koger Williams had established under the royal charter the first human government containing full religions liberty. Rhode Island, of course, never witnessed any persecution for non- conformity ; and later, in Pennsylvania and Maryland, complete toleration was extended to all Christians. 100 HISTORY OF NORTH CAROLINA. depended. By this means General Washington was able soon after to confront the advancing enemy in the battle of Brandy- wine, on September 11th. At this and other engagements the North Carolina troops displayed both courage and dis- cipline. 7. It was on the bloody occasion of the attack upon the British force at German town, October 4th, that their most glorious record was made. General Washington entrusted the post of honor on the extreme right flank of his line of attack to General Francis Nash. The British were driven by the North Carolinians a long distance on the right of the village, but the American divisions which had been sent in on the left failed to dislodge the enemy, and in this way left General Nash's force exposed both on his left and rear. 8. It was a glorious but bloody day for North Carolina. The brigade suffered heavy loss in advancing, but greater when compelled to fall back for want of support. General Nash was mortally wounded, and Colonel Edward Buncombe, with Lieutenant-Colonel Irwin, and many other gallant ofiV cers, was slain upon the field. 1778. 9. It was not until 1778 that the courts were fully established. Judges Ashe, Iredell and Spencer held terms at Wilmington and at five other towns twice a year. Waight- still Avery, as Attorney-General, was busy in trials for trea- son against the State. There were many men who yet labored to restore the King's authority, and against them was needed all the vigilance possible, both in the courts and at military headquarters. 10. At length the British forces were directed again toward the south. On December 29th General Robert Howe was driven from Savannah (Sa-van'nah) by General Prevost THE WAR CONTINUED. 101 (Preh'vo), where the Second Battalion of Continentals was con- fronted by a regiment of North Carolina Tories under Colonel John Hamilton. Howe and his command were transferred to West Point, on the Hudson River, of which important post he was soon commander, with the rank of Major-General. 1779. 11. More than three years of the war had passed away without serious disaster to North Carolina. No invaders disturbed her borders, and beyond the grief for friends slain in battle, there was cause for gratitude to God that so few evils of the war had yet visited the "Old North State." 12. General Washington had evinced such nobility of soul and great military capacity that all American hearts were soon to be filled with love and admiration. With far-seeino; wis- dom, he was patiently biding his time to strike his enemies, and in foreign lands other great soldiers were applauding the mingled caution and boldness of his military movements. QUESTIONS. 1. What did the colonists find necessary? How did the prominent men view the matter ? 2. What were the views of Governor Johnston ? 3. What did W i 1 1 ie Jones consider necessary for the people? 4. Where were the North Carolina troops at this time ? What was the condition of Washington's array? 5. How were the Continental troops benefited by an order of Sir Wil- liam Howe ? 6. What battle was fought on September 11, 1777 ? 7. On what battle field did the North Carolina troops specially distin- guish themselves on October 4th ? Relate the circumstances. 8. How did General Nash and his troops suffer in this action ? 9. When were the courts fully established ? Can you mention some- thing of the judicial system in this period? 10. What occurred at Savannah on December 29th ? To what place was General Howe then transferred ? 11. What cause had North Carolina to be grateful ? 12. What is said of General Washington? 102 HISTORY OF NORTH CAROLINA. CHAPTER XXI V. STONY POINT AND CHARLESTON A, D. 1779 TO 1780. With the capture of Savannah came uneasiness to all the Southern States. It was seen at once that Georgia was but a starting point in a general scheme of transferring hostilities from the north. Early in 1779 General John Ashe reached Charleston with two or more brigades of militia. These were hurried off at the importunate demands of the Governor of South Carolina, by General Benjamin Lincoln, to attack the British at Augusta. 2. General Ashe remonstrated, saying his men were not yet ready for active service in the field ; but he went as directed. On his approach the enemy retired down the Savannah River, and Ashe, dividing his force, was so unfortunate as to fall into an ambush on Brier Creek, where his two thousand men at once became panic-stricken and were badly beaten. 3. In the month of July this disaster was most brilliantly contrasted on the Hudson River. This was at Stony Point, where a strong American fortification had been recently cap- tured by the British. General Wayne found that it was gar- risoned by six hundred Scotch Highlanders, constituting one of the regular Royal regiments. The work was nearly sur- rounded by the river and morasses, and the single approach was so swept by the guns of the work, and also by those of several ships of war lying close by for the purpose of aiding in its defense, that it seemed well-nigh hopeless to attempt its capture. STONY POINT AND CHARLESTON. 103 4. Bat "Mad Anthony" Wayne was in command, and he rarely turned from a purpose because of danger in its execu- tion. He drew near at midnight, and with unloaded muskets, and courage that has never been surpassed, captured the stronghold at the point of his bayonets. 5. Two columns of assault were sent in on his right and left; but to Major Hardy Murfree's two companies of the Second North Carolina Continental Battalion, as a forlorn hope, was the post of real honor and danger assigned. They charged full in front, up the steep hill-side, through several lines of abattis, and in this way received the hottest of the enemy's fire. 6. Governor Caswell was succeeded, at the beginning of the year, by Abner Nash as Chief Magistrate of North Caro- lina. The Constitution provided that after three years' service the Executive became ineligible for another term. Governor Nash, like his predecessor, was a man of ability and patriot- ism, but did not equal him in the versatility of his power or his consummate skill in the management of men. 1780. 7. When the year 1780 had come, all of the North Carolina troops of the line were ordered to the south. They were at Charleston with General Lincoln, being besieged there in the month of February by an overwhelming force under Sir Henry Clinton. In addition to the army, the British Generalissimo had come down from New York with a great fleet. 8. The brave defense was all unavailing, and on May 12th General Lincoln was forced to surrender. It was a direful day for North Carolina. All six of the Continental battal- ions and a full thousand of her militia became prisoners of war. It was a fatal rashness in General Lincoln to have 104 HISTORY OF NORTH CAROLINA. allowed himself to be cooped up in a city. Thus, while no real benefit resulted to the American cause, or to the Palmetto State, North Carolina was, at one fell blow, stripped of all her defenders. 9. Sir Henry Clinton sailed back to New York after the capitulation, but he left a man of far superior ability, with an army, to continue the conquest of South Carolina. This was the Earl Cornwallis, who was the bravest and most skillful British soldier then in the world. He was to remain this time long enough to be forever remembered, and to take bloody vengeance for his inglorious experience with Sir Peter Parker four years before. 10. The first movement of Cornwallis, after capturing Charleston, was to send Lieutenant-Colonel Tarleton (Tarl'- ton), with his dragoons, to intercept a column of infantry which was approaching from Virginia, under the command of Colonel Buford. These were surprised and cut to pieces. Among others, the North Carolina company of Captain John Stokes, lost heavily in the sudden and bloody attack. 11. This disaster occurred in the Waxhaw (Wax' haw) set- tlement, and was on the State line, not far from Charlotte, in North Carolina. Thus, not a troop of disciplined soldiers was left for the defence of this State, when everything indicated a speedy invasion, except the two companies of mounted infantry which were commanded by the gallant Major William R. Davie (Da'vee). This little band hovered continually in the neighborhood of the scene of Colonel Buford's defeat. 12. Governor Rutledge, of South Carolina, upon the fall of Charleston, offered to cease fighting the British if they would allow his State to remain neutral for the remainder of the war ; but a very different feeling actuated Governor Nash and STONY POINT AND CHARLESTON. 105 his people when apprised of the great disaster. If the Con- tinental veterans were all prisoners, there were still brave hearts and deadly rifles left with whieh to continue the struggle. QUESTIONS. 1. What was apprehended in North Carolina after the fall of Savannah, and why ? Who was put in command of the brigades under General John Ashe? Where were these troops carried? 2. What befel the command on the route? 3. What victory was gained by the Americans on Hudson River? Who was in command ? Describe the situation of Stony Point. 4. Give an account of the attack on this stronghold? *5. What troops occupied the post of special danger? Plow did they perform their duty ? G. Who succeeded Governor Caswell ? W T hy was Governor Caswell not re-elected. 7. Where were the North Carolina soldiers in 1780? What enemy was besieging them ? 8. How did the siege terminate ? Why was this surrender disastrous to North Carolina ? O. What did Clinton do after the capitulation ? Who was left in com- mand of the British ? What is said of Lord Cornwallis? 10. What was his first military movement? Describe the engagement between Tarleton and Buford. 11. Where did this action occur? What was the condition of North Carolina's defences ? 12. What proposition was made to the British by the Governor of South Carolina? What was the sentiment in North Carolina? 14 106 HISTORY OF NORTH CAROLINA. CHAPTER XXV. THE MEN OF THE MOUNTAINS AND THE BATTLE OF CAMDEN. A, D. 1780, When the great disaster at Charleston became known to the North Carolina Tories, and they had fully realized that British troops were close at hand, and probably coming, the spirit that had seemed crushed at Moore's Creek began to revive. They had suffered indignities from the Whigs on account of their support of the King, and they now determined on swift and bloody revenge. 2. John Moore, who was Lieutenant-Colonel in Hamilton's Regiment, returned to his former residence and assembled, early in June, thirteen hundred Loyalists at Ramsour's Mill. General Rutherford, hearing of this in his camp near the Waxhaws, thought it impolitic to leave that position because of a threatened movement of the British then in his front. He therefore sent orders to Colonel Francis Locke, of Rowan, to assemble his militia and at once attack the Tories. 3. No command was ever more promptly or bravely obeyed. Locke mustered four hundred of his neighbors, and went through the darkness of the night in search of foes outnum- bering him threefold. At early dawn on the 20th, with mounted men in front, he charged boldly upon the Tory camp that was pitched near a mill in sight of the present village of Lincolnton. The Loyalists fled before the first charge, but rallied on a hill and checked the horsemen in pursuit. The Whigs on foot came to the rescue and drove them, routed, from the field. BATTLE OF CAMDEN. 107 4. This brilliant and important victory was all-important at that fearful juncture. It was a bloody and heroic affair, and was a foretaste of what resistance might be expected of the brave mountain men. It was a struggle between neigh- bors and ancient friends, and carried bereavement to hundreds of North Carolina fire-sides. 5. Major Davie, with his small command, commenced a series of daring adventures, which immortalized his name for bravery and military skill. At Flat Rock, also at Hanging Rock in South Carolina, he inflicted such stunning blows that Tarleton's Legion found it had a foe who could be as daring as he was wary. Colonel Isaac Shelby, at Musgrove's Mill, also performed a feat of romantic daring. 6. Thus, wholly unaided by any Continental authorities, the militia of North Carolina assumed the defence of their homes and inflicted such frequent and telling blows upon the enemy that Lord Cornwallis halted at Camden to receive fur- ther re-inforcements before venturing upon the stubborn race that could be so dangerous with so little military preparation. 7. Upon the fall of Charleston, General Horatio Gates was put in command in the South, in place of General Lincoln. His success at Saratoga had given him great popularity, and some misguided men were advocating his substitution even in the place of General Washington. It was only necessary to wait a short time to show the folly of all such views. He was, at best, an empty old martinet, who had learned something of military routine in the camps, but was as devoid of real ability as he was vain and rash. He was soon to prove that the old story of General Schuyler's (Ski'ler) being the real hero at Saratoga was true. 8. He came to Deep River on July 25th, where in camp he found one Delaware and two Maryland battalions of Conti- 108 HISTORY OF NORTH CAROLINA. centals. Colonel Armand's light-horse and three companies of artillery, under the command of the Baron DeKalb. Learn- ing that General Caswell had a considerable militia force at Cheraw in South Carolina, he started, two days later, for the neighborhood of Lord Cornwallis and his army at Camden. 9. He reached Cheraw with some additional troops that had joined him on the march. On August 15th, taking a large portion of Caswell's militia, he set out with the purpose of surprising Cornwallis. Colonel Armand was marching in front when, at midnight, his dragoons recoiled from an unexpected meeting with the British vanguard. The collision was unex- pected on both sides, and threw General Gates' column into disorder. 10. He was vainly besought by his officers to retreat, as the veteran force of the enemy had not been surprised. Both sides halted and prepared for battle. At dawn Lord Corn- wallis sent his regulars with fixed bayonets upon the militia on the right, and they fled ingloriously from the field. 11. Colonel Henry Dickson held his regiment of North Carolina militia firmly to the front, and with the Continental troops, they offered a most stubborn and gallant defence. But the flight of so many made it necessary to withdraw the few who thus contested the field. 12. The American defeat was complete. Two thousand men were killed, wounded and captured. All the stores and transportation were utterly lost. General Gates fled early in the action, and spurred on without stopping, to Hillsboro, in this State. He had apparently ruined the American cause in the South, and was to disappear from the arena of military affairs. Note. — The capture of General Griffith Rutherford at Camden was one of the most deplorable incidents of the disaster. His courage, military BATTLE OF CAMDEN. 109 ability and influence among his people made him invaluable to the Ameri- can cause. QUESTIONS. 1. What was the feeling of the Tories in North Carolina after the disas- ter at Charlotte? 2. Where were the Tories assembling ? Who was sent to attack them ? 3. Describe the attack. What was the result? 4. In what respect was this an important victory? *5. Mention some of Major Davie's exploits. 6. Hew did these engagements affect Cornwallis? 7. Who was put in command of the southern forces? What kind of man was General Gates ? 8. What was his first military movement? 9. What occurred on August loth, 1780? 10. How did the engagement result? 11. What is said of Colonel Dickson and his regiment ? 12. What was the termination of this affair? How did General Gates act ? 110 HISTORY OF NORTH CAROLINA. CHAPTER XXVI. THE INVASION OF CORNWALLIS. A, D. 1780. General Gates, by his rashness, had again destroyed the army to which North Carolina looked for defence against the invasion of the British under Lord Corn wal lis. But Governor Nash did not for a moment falter in his efforts for the con- tinuance of the war and the protection of the people. In a short time five thousand Continental and militia troops were in motion for the neighborhood of Charlotte. 2. Generals Jethro Sumner and William L. Davidson were put in command of two camps, where the raw levies were drilled and equipped for the field. Colonel Davie was still continually in the enemy's front, to watch and report every movement. Since the rout and dispersion of General Sum- ter's command by Tarleton, this was the only mounted force left in the South. 3. In September Lord Corn wal lis at last moved forward from his camp at Camden. He sent Colonel Patrick Fergu- son toward the scene of the late Tory defeat at Ramsour's Mill. This Colonel Ferguson was one of the ablest officers in all the King's armies. He was cool, daring and skilled in everything relating to the conduct of military affairs. He could manage men in camps and in battle, and excelled all others in arousing the spirit of the Tories. He induced hun- dreds of men to take sides with the King when another would have failed in so doing. THE INVASION OF CORNWALLIS. Ill 4. As Lord Cornwallis marched upon North Carolina, Colonel Davie hung upon his front and fell back only as com- pelled by the advance of the British army. He made but one dash against his pursuers before reaching Charlotte ; but there he and Major Joseph Graham halted under the court-house in the middle of the village, and surprised Cornwallis and the whole British army with their stubborn and bloody reception in the place so often called the " Hornet's Nest." 5. The English Earl was so harassed by the daring attacks of the militia upon his men at Mclntyre's Farm and else- where, that he concluded to remain at Charlotte until he could hear from Colonel Ferguson. That officer had halted at a place called Gilberttown, where his one hundred and fifty British Regulars were .soon re-inforced bv large numbers of native Royalists, who came to the English flag to take service in its behalf. 6. Colonel Charles McDowell and others, hearing that Fer- guson was enrolling the Tories, met at Watauga and took counsel against him. No General was present, and McDowell was so old they feared he would be unable to endure the probable hard marching necessary if they should overtake their wily foe. Colonel Campbell, of Virginia, as a cour- tesy to one belonging outside of the State, was put in com- mand by the North Carolina officers, and they set out to look for the enemy. 7. Colonels Shelby, Sevier (Se-veer'), Cleaveland, and Wil- liams, of South Carolina, together with Major Joseph Mc- Note. — Davie's whole force did not number more than two hundred men, and yet so cool and bravely did they meet the British assault, that the enemy was several times driven back. Major Graham was, at that time, just twenty-one years old, and he exhibited such courage and conduct as have never been excelled. In one attack upon him he received nine wounds and was left for dead on the field, but made his escape. 112 HISTORY OF NORTH CAROLINA. Do well, selected nine hundred picked men from their mounted force, and through the stormy thirty hours of their march kept their saddles until they found the foe on the summit of King's Mountain. It was a strong position, but the heroic moun- taineers surrounded it at once, and on October 7th began the attack. 8. Ferguson fought like a lion at bay, but the deadly rifles of the assailants were plied upon his ranks as the Loyalists were pushed back step by step. Time and again the British commander headed the regulars, and by desperate charges would drive back a portion of the advancing Whig lines. At last Ferguson was slain, after being many times wounded, and soon the British fire slackened, and then to the nine hundred militiamen of the hills the remnant of eleven hundred and twenty-five Loyalists laid down their arms and six hundred became prisoners of war. 9. It was a bloody and glorious victory. Nearly all the large number of British disabled were dead upon the field. Their proportion of wounded was perhaps smaller than was ever seen in a modern battle. The Whigs lost three field officers, one captain and fifty-three privates. The whole bat- tle had been fought around the lofty summit of the mountain, which was a level table five hundred yards long and seventy broad. 10. It was a most opportune success, and apprised Lord Cornwallis of what dangers might await his further advance. He became so disheartened upon learning of the disaster that he at once fell back to Winnsboro, in South Carolina. Joy went out to every patriot heart in America. North Carolina was again freed of invaders, and the Tories of every section felt their hopes sink as they realized the swiftness and com- pleteness of this overthrow of their coadjutors. THE INVASION OF CORNWALLIS. L13 '11. The victory of King's Mountain was a great blessing to the American cause in the South, and an equal benefit accrued in the arrival of Major-General Nathaniel Greene, of Rhode Island, who was sent by General Washington as the Southern commander, in place of General Gates. At last a truly wise and jjreat soldier had come to redeem a brave cause from the curse and ruin of incompetent Generals. 12. General Greene was soon to prove himself a great com- mander. He was gentle, unselfish and true, and loved the cause for which he fought better than his own life. He was brave, cautious and quick to seize upon all the faults of his opponent. He could patiently wait until battle was proper, and even in apparent defeat was really more dangerous than less competent commanders are often seen with a foe beaten and in full flight. QUESTIONS. 1. What number of troops did General Nash raise toward the defence of North Carolina ? 2. What Generals were put in command? Where was Colonel Davie? 3. What move did Cornwallis make? To what place was Colonel Fer- guson sent? What is said of him as a commander? 4. Where was Colonel Davie? Relate the exploit of Colonel Davie and Major Joseph Graham at Charlotte. 5. What were the movements of Cornwallis ond Ferguson ? O. What preparations were made towards attacking Ferguson ? Who was put in command of the troops, and why ? 7. What was the strength of the command ? Where did they find the enemy ? When did the battle begin ? 8. Describe the battle of King's Mountain. 9. Mention some of the losses. 10. How did the victory affect Cornwallis? 11. What officer was sent to take the place of General Gates in the South ? 12. What was General Greene's military ability? 15 114 HISTORY OF NORTH CAROLINA. CHAPTER XXVII. CORNWALLIS' LAST INVASION. A. D. 1781, General Greene became aware that his great trouble would be in obtaining food in sufficient quantities to feed an army large enough to meet the British in the open field. Generals Gregory and Jones were ordered back to their homes, and their brigades were disbanded because of this poverty of resources in that section of the country. General Morgan was sent west of Catawba River ; another camp was established at Cheraw, and the militia of Rowan and Mecklenburg, under General Davidson, were allowed to await at their homes for any call that might become necessary. 1781. 2. Such was the state of affairs in General Greene's command, when Lord Cornwallis was re-inforced by the arrival of another division of troops under the command of Major- General Leslie. On January 17th, Lieutenant-Colonel Tarle- ton, with his famous legion and the First Battalion of the Seventy-first Regiment, assailed General Morgan at Cowpens. These men had so often cut to pieces such American forces that they expected an easy disposition of them on this occasion. 3. They were received by the Americans with the utmost coolness and self-possession. The deadly fire emptied so many British saddles that the bold riders were thrown into confusion. Like a thunderbolt, then came a charge of the American light- horse, under Lieutenant-Colonel William Washington. They rode down and sabred the terrified Britons, chasing them for many miles from the field. CORNWALLIS LAST INVASION. 115 4. In less than an hour the eleven hundred British had been so thoroughly beaten that they lost five hundred and two prisoners, three hundred killed and wounded, with artillery and stores. General Morgan had but eight hundred men, and though flushed with victory, he remembered that the main army of the enemy was at Turkey Creek, only twenty-five miles away. He burned his captured stores, and leaving his and the enemy's wounded under protection of a flag, at once began his retreat. 5. He well knew that Lord Cornwallis would be enraged at Tarleton's disaster, and would seek the recapture of his pris- oners. For twelve days the victors fled from the scene of their glory, and sure enough, the British were pushing up all this time close behind them. At the expiration of that time, as the day was closing in, and General Morgan had just gotten safely over the Catawba River, he looked back and saw the British vanguard on the other bank of the stream. 6. The exultant pursuers had overcome the twenty-five miles of start, and they lay down to sleep with the utmost confidence that on the next day they could easily overtake the fugitives. But they miscalculated their chances. Soon the rain began falling, and when the night was past, the river had become a great flood and was pouring between them and the opposite banks. 7. The baffled foe was compelled to halt, for the passage of the stream was impossible. The high water remained in the river for forty-eight hours, during which time the British were unable to effect a crossing. General Morgan sent his militia with the prisoners on to Virginia, and with his Con- tinentals, met General Greene at Sherrill's Ford. There they unfortunately disagreed as to future operations and General Morgan left the service. 116 HISTORY OF NORTH CAROLINA. 8. During the two days that Lord Cornwallis was stopped by the rise in the Catawba River, General Greene made arrangements to dispute its passage. This was attempted, and in the fight at Cowan's Ford, the British, after some loss, forced a passage. Unfortunately brave General Davidson, who was in command of the militia, was killed, and upon his fall, his men retreated from the field. They were surprised by Tarle- ton at Torrence's Tavern, six miles away in the direction of Salisbury. 9. The chase was renewed and General Greene was again subjected to great danger. When he reached Salisbury he was so dejected at the condition of affairs that a good woman named Mrs. Elizabeth Steele sought to cheer him by words of hope. He told her how he was flying for life, and though he was the Southern commander, he was whollv without friends and with- out money. She generously pressed upon him a purse of her own savings, and with hope revived, he resumed his retreat. 10. A rise in the waters of Yadkin River after the Ameri- cans had crossed, repeated the scenes witnessed on the Catawba, and thus, while General Greene was enabled to reach his force from Cheraw, Lord Cornwall is was compelled to make a wide detour up the river to get across. 11. Again, in a few days, the Americans, still retreating, found their enemies once more close up in their rear. For Note. — While General Greene was in the house of Mrs. Steele at Salis- bury, he caught sight of a picture of King George III. hanging upon the wall. The picture recalled many unpleasant memories and hardships to the General. He took it from the wall, and, with a piece of chalk, wrote upon the back : " O, George, hide thy face and mourn." He then replaced the picture with its face to the wall and rode away. This picture, with the writing on the back still visible, is now thought to be in the possession of Mrs. Governor Swain. [Rumple's History of Rowan County.] coknw alms' last invasion. 117 several days, ou long stretches in the road, the two armies could see each other.* At last, on February 13th, Dan River was reached, and Lord Corn wall is came up only in time to see the last boat loads of the Americans safely landing on the other side of the wide stream which was too deep for the British to ford. 12. Thus ended this famous retreat, extending more than two hundred miles. It gave General Greene great reputation, and the struggling Americans took fresh heart, for they knew they had a General in command who could provide wisely and well amid all the dangers so thickly environing him. ^General Greene was so hotly pursued that he found it necessary to check the enemy in some way, and the gallant Colonel Otho H. Williams, of Maryland, with a corps of light troops numbering seven hundred men, was detailed to cover the retreat. This detachment most faithfully per- formed its duty. Taking but one meal each day, and six hours' sleep in forty-eight, they retarded the progress of the enemy so much, by frequent collisions, that Greene was enabled to considerably increase the distance between the two armies. 1 QUESTIONS. 1. What great trouble did General Greene foresee? How did he dis- pose of the forces ? 2. At what place were the Americans attacked ? 3. Describe the battle of Camden. Where is Camden ? 4. What were the British losses? What was done by General Morgan ? 5. Describe the events of the next twelve days. 6. What occurred during the night while the two armies were camped on opposite sides of the river? 7. How did the rise in the river benefit the Americans? Find the Catawba River on the map. What occurred at Sherrill's Ford ? 8. Give an account of the engagement at Cowan's Ford. 9. What happened to General Greene at Salisbury ? 10. What river was next crossed? 11. What river was crossed on February 13th, 1781 ? 12. How many miles had Greene been pursued by Cornwallis ? Can you go to the map and trace the course of this famous retreat? 118 HISTORY OF NORTH CAROLINA. CHAPTER XXVIII. BATTLE OF GUILFORD COURT-HOUSE. A, D. 1781. When the British commander found that General Greene was completely beyond his reach, he went to Hillsboro and erected the royal standard. In consequence of his proclama- tions and the flight of General Greene from the State, several hundred Tories collected under Colonel John Pyle and started to join Lord Cornwallis. General Greene had sent Lieuten- ant-Colonel Henry Lee across Dau River to observe the enemy. 2. Pyle and his Tories had no dream of meeting any but British troops, and drew near uttering cheers for King George. Suddenly the bugles of the light-horse sounded a charge, and John Pyle and his men were cut down in their places. In five minutes ninety lay dead upon the ground, and nearly all the others were prisoners of war. This bloody affair has been called "Pyle's Hacking Match." 3. Major Joseph Graham, with his mounted force, had just before captured a picket of twenty-five men a mile and a half away from Hillsboro. General Polk's militia were also in the same vicinity, and soon General Greene, having received re-inforcements, recrossed the Dan and assumed a position on the Reedy Fork, a confluent of Haw River. 4. Cornwallis, hearing of Pyle's disaster, left Hillsboro and moved westward to protect any Tories that might seek to reach him. The first time the two armies again saw anything of each other was at Whitsell's Mill. At that place Colonel BATTLE OF GUILFORD COURT-HOUSE. 119 Otho H. Williams was posted with a body of light troops, which Lord Cornwallis attempted to cut off from the main body. He failed in so doing, but both armies were filled with admiration at a display of personal gallantry. 5. Colonel Williams had posted sharp-shooters in and around the mill-house. These discovered a British officer approaching a ford below them, and saw that he was leading men and trying to cross the stream. Many deadly rifles were soon hurling their missiles around him, but slowly, and as if unconscious of being under fire, he crossed in safety. This intrepid man was Lieutenant-Colonel Wilson Webster, then a brigade commander under Cornwallis. 6. On March 15, 1781, General Greene being at the court- house of Guilford county, learned that the British army was approaching on the Salisbury road. He posted his men in three lines and awaited the enemy's arrival. He came on in fine style, and the first American line, composed of militia, gave ground, and only the men of the gallant Captain Forbis, of the Hawfields, gained credit for their conduct. The British found stubborn resistance in the second and third lines, where the Continentals w r ere posted. 7. It was a furious and bloody conflict, and such havoc was wrought in the British ranks by a charge of Colonels Howard and Washington, that Lord Cornwallis opened fire with his artillery upon his friends and foes alike, and thus checked this dangerous American movement. General Greene at length gave orders for retreat, and the field was left in the possession of the British. 8. British valor was never more splendidly exhibited than upon this hard fought field. With less than half of Greene's force, they had won the field, but the victory was too costly. 120 HISTORY OF NORTH CAROLINA. At least one-fourth of the British force was dead and disabled, including the gallant Webster, the hero of Whitsell's Mill. General Greene, having halted close by the scene of conflict, returned three days later to again offer battle, but Lord Corn- wallis was flying for safety. He who had so long sought to bring on an engagement was now the fugitive. 9. General Greene followed in pursuit, but failing to overtake his foe, he turned his course and marched against Lord Raw- don, in South Carolina. He had virtually redeemed North Carolina from the grasp of her foes, and went to enlarge the benefit by including the two other Southern commonwealths in a similar blessing. 10. Lord Cornwallis went as fast as he could to Wilming- ton. His stay was short there, for he speedily marched, by way of Halifax, to Virginia. There, ere long, this great soldier was to close his career in America. He had, with a small portion of the British force under the command of Sir Henry Clinton, accomplished more than all his compatriots. 11. There was to be yet another year of tribulation to North Carolina by reason of David Fanning's movements, but no more British armies were to bring ruin and terror to any portion of the commonwealth. The purblind and misguided Tories were to continue a struggle fast growing desperate, and to many a. household there w r ere shortly to come the most cruel experiences of all the war. 12. Governor Nash had ceased from executive functions, and Thomas Burke, of Orange, was his successor in office. This bold, gay and gifted Irishman had been conspicuous both in the State Assembly and Continental Congress. He was thoroughly devoted to the American cause, and was giving it every energy of his nature. BATTLE OF GUILFORD COURT-HOUSE. 121 QUESTIONS. I. Where did Cornwallis next go ? What recruits were raised and who was put in command ? Who had General Greene appointed to watch the enemy ? U. Describe the surprise and defeat of Colonel Pyle and his men. 3. Mention the movements of Major Joseph Graham. Of General Greene ? 4-. Give an account of the affair at Whitsell's Mill. 5. What special act of bravery is related ? 6. What occurred on March 15, 1781 ? Give some account of the battle of Guilford Court-House. 7. How did the engagement terminate ? 8. What is said of the British victory ? What did General Greene do three days later ? 9. Where did he then go? 10. Where did Cornwallis carry his armv ? II. What notorious man is now mentioned ? What was the condition of affairs in the State at that time ? 12. Who succeeded Governor Nash, and what is said of him ? IHi t«V H 16 122 HISTORY OF NORTH CAROLINA. CHAPTER XXIX. INDEPENDENCE ACKNOWLEDGED. A. D, 1781. When Lord Cornwallis left Wilmington, in the month of April, 1781, on his way to Virginia, there were no British troops left in North Carolina but four hundred regulars and some Tory recruits, constituting the garrison of Wilming- ton. Major James H. Craig was in command there, having captured the place in the preceding January. 2. He had been trained to arms as his business in life. When General Burgoyne surrendered at Saratoga, Craig was his Adjutant-General. He was skillful as a soldier, but utterly unscrupulous as to the means he used to carry out his objects. Seeing the British driven from almost all the State, he determined to ruin a people he could not subdue, and began to stir up a warfare of neighborhoods. 3. He found in David Fanning,* of Chatham, a powerful aid to this inhuman scheme. Fanning had been reared in ignorance and poverty, but was gifted by nature with cunning, valor and an utter disregard for every prompting to pity and humanity. He could plan well, execute swiftly and seemed to grow more capable as dangers thickened around him. 4. To these qualities, which might have given him power and fame, he added the practice of the most beastly and detest- *David Fanning was born in Johnston county, about the year 1754. He bore the rank of Colonel among his Tory followers. His entire career through that period was a mixture of robberies, house-burnings and cold blooded murders. In his "Narrative" he states that he was "twice wounded and fourteen times taken prisoner by the rebels." INDEPENDENCE ACKNOWLEDGED. 1 2'-\ able vices. He had no regard for his duty to God or man, and seemed in his actions utterly devoid of a sen.se of moral accountability. 5. Such was the monster chosen by Major Craig to pillage and ruin a large portion of the State. He was sent out from Wilmington to the different Tory settlements, and soon, from Wilmington, small parties were passing with orders to the Scotchmen and Regulators, and the butchery began. How many were slain, man by man, at his own fireside, will never be known. In a little while houses were burned in every direction, families butchered, and such a state of affairs existed that Colonel Tarleton declared that its continuance would have soon depopulated North Carolina. 6. Colonel Fanning began his military operations by sur- prising a court-martial in Chatham. His prisoners were dis- posed of by parole or sent to Wilmington. This was in July, 1781. His attack upon the house of Colonel Philip Alston, a few days later, was a more serious matter, for he encountered stubborn resistance and some loss before compelling the sur- render of a force almost as large as his own, and protected by the walls of a large house. Four of the Whigs were killed, and those who remained alive were spared from butchery bv Fanning only at the earnest appeals of Mrs. Alston. 7. Fanning's movements called for resistance, and Colonel Thomas Wade collected a force of more than three hundred men at McFall's Mill, in Cumberland county. These were speedily attacked and utterly driven from that portion of the country. It was afterwards found by the victors that Colonel Dudley's Chatham regiment of cavalry was disbanded, and Fanning immediately pushed on to Hillsboro. On the morn- 124 HISTORY OF NORTH CAROLINA. ing of September 12th, his force entered the town, and suc- ceeded in capturing Governor Burke and several other promi- nent persons. 8. The bold marauders who had thus seized the capital of the State, at once started with their prisoners for Wilmington ; but tidings of their deeds had reached men who went to Cane Creek, and at Lindley's Mills awaited their return. The Whigs, nominally commanded by General John Butler, were really directed by Major Robert Mebane {Meb'ane) in their brave and bloody reception of the Tories. 9. Colonel Hector McNeil, leading the attack, was slain, and his followers driven back in confusion. It seemed that Governor Burke would be rescued and the whole Tory column captured, when David Fanning, ever fertile in expedients, discovered a ford in Cane Creek, and having crossed with a portion of his command, he attacked the Whigs in the rear. This soon ended the battle, which was a bloody one to both sides, with victory to the Tories. 10. About the same time with the capture of Hillsboro, a most gallant and successful attack was made upon the Tory stronghold at Elizabethtown in Bladen county. There sixty Whigs, in the favoring darkness of night, fell upon and drove out a largely superior force, commanded by Colonel John Slingsby. He and many of his men were slain, and Major Craig was thus confined to his fortifications. _______ ^ Note. — Colonel Fanning gives the account of this affair as follows : "We received several shots from different houses ; however, we lost none and suffered no damage, except one man wounded. We killed fifteen of the rebels and wounded twenty; and took upwards of two hundred prisoners ; amongst them was the Governor, his council, and part of the Conti- nental colonels, several captains and subalterns, and seventy-one Conti- nental soldiers out of a church. We proceeded to the gaol and released thirty Loyalists and British soldiers." INDEPENDENCE DECLARED. 125 11. General Griffith Rutherford had been a prisoner since the battle of Camden. Upon his exchange, the dauntless and tireless hero at once renewed his efforts to deliver North Caro- lina from her foes. Soon he collected his brave Mecklen- burg and Rowan militia and marched for Wilmington. 12. When he arrived near by, he received news of Lord Cornwallis' surrender at Yorktown, on October 19, 1781.* He pushed on his lines, and when he drew near he found that Major Craig had taken ships and was flying from the land he had so scourged by his presence. *The number of men enlisted from North Carolina in the Conti- nental army during the Revolutionary war, was : In 1775, 2,000 ; 1776 4,134; 1777,1,281; 1778,1,287; 1779,4,930; 1780, 3,000; 1781,3,545; 1782,1,105; 1783,097. The State furnished, in Continental troops and militia, 22,910 men. In no battle of the war was the righting more stubborn and bloody than at Eutaw Springs, South Carolina. This occurred on September 8, 1781, and upon the three North Carolina Continental battalions fell the brunt of the strusirle. oo' QUESTIONS. 1. What British forces were in North Carolina after the departure of Cornwallis ? Who was in command at Wilmington? 2. Can you tell something of Major Craig? 3. Tell something of the character of David Fanning ? 4. Give further description of his traits. 5. Mention the horrible condition of the State under Farming's exploits. 6. Relate Fanning^ attack on the Chatham court-martial. What occurred at Colonel Alston's house ? 7. What officer went to attack Fanning? What was the memorable exploit of Fanning on September 12, 1781 ? . 8. What preparations were made for a fight at Lindley's Mill? 9. Describe the engagement. 10. What occurred at Elizabethtown ? 11. What was done by General Rutherford upon his exchange ? 12. What did he find upon his arrival at Wilmington ? 126 HISTORY OF NORTH CAROLINA. CHAPTER XXX. PEACE AND INDEPENDENCE. A. D. 1782 TO 1784. 1782. At last the seven years of war had all gone by. David Fanning even ceased to murder his victims, and escaped from the State he had so cruelly ravaged. He was the vilest and bloodiest wretch ever seen in our limits, and most richly deserved the punishment of the gallows. He continued his criminal courses as long as he lived, and was pardoned for a capital felony committed on the Island of Cape Breton not long before his departure from this world. 2. The Whigs had triumphed in the long and deadly strug- gle, and bitterly remembered how much they had suffered at the hands of the Tories. Many of these men had fled from North Carolina, but under the treaty of peace, they sought to return and recover the possession of their former homes. The people resolved that this should not be so, therefore, wherever the Tories had left their homes they were refused permission to return. 3. By their patient bravery, the American people had not only achieved their personal freedom, but were also the masters and owners of a vast and fertile realm. A broad land, watered by noble streams and abounding in all natural resources, was theirs. By the blessing of God, their own bravery and the timely aid of their French allies, King George III. and the Parliament of Great Britain had most signally failed in their effort to destroy the liberties of America. PEACE AND INDEPENDENCE. 127 4. When the news reached England of Cornwall is' surren- der, Lord North exclaimed: "Oh God! It is all over." He well knew that the stubborn King had exhausted the patience of the English people. They, and not the King and his ministers, at last put a stop to the bloodshed between the two countries. On November 30, 1782, a treaty was signed in Paris by which American independence was acknowledged. The mighty republic which has grown up in the century just past, is a very different factor among the nations of the world from what the subjugated colonies would have been. 5. When Fanning captured Governor Burke at Hillsboro, the Chief Magistracy of the State devolved upon Colonel Alex- ander Martin, of Guilford. This latter gentleman had seen some service in the field as an officer of the Continentals. He was shrewd as a politician, and was long highly honored in the multitude and importance of the trusts committed to his keeping. Governor Burke was treated, from the hour of his capture, with extraordinary harshness. He walked to Wil- mington and was shipped by Major Craig to Charleston. 6. General Leslie, who commanded the British army in South Carolina, placed the captive Governor upon an island near Charleston, where the deadly malaria was supplemented by danger of assassination from certain Tories, who were loud in their threats of executing such a purpose. Burke made repeated applications for a change of quarters, or for exchange as a prisoner, but was told that he was kept as a hostage to be executed in case of the capture and punishment of David Fanning. 7. After months of torture from such treatment, Governor Burke, disregarding his parole to the limits of the island, ef- fected his escape and returned to North Carolina. He resumed 128 HISTORY OF NORTH CAROLINA. executive functions for the short interval between his return and the meeting of the Legislature. (He was defeated by Alexander Martin in their contest for the Chief Magistracy, and was deeply humiliated thereby) .The members of the General Assembly could not condone his breach of his parole, and he regarded it as evidence of public condemnation. His sensitive spirit was continually brooding over this and certain domestic afflictions; and despite the love and assurances of many warm friends and admirers, he was soon to fall a victim to his own emotions. 1784. 8. When peace had been made, and the war-worn Continentals had all returned to their homes, there were two questions of supreme moment to be settled by the State Legis- lature. The men who had fought for and secured the liberties of America, were still unpaid, and there was yet no general government among the different States. 9. Commissioners were appointed to sell the lands of refugee Tories, and from that and other sources to pay up the arrears due the North Carolina soldiers. Furthermore, the land now known as Tennessee, then a part of our State, was also to be largely devoted to the same patriotic purpose. General Greene was given twenty-five thousand acres, one-half that quantity to brigadier-generals, and so on in a descending scale, to the private soldiers. 10. The government created by the Articles of Confedera- tion was at once seen to be defective. Many men began to discuss how the States were to be guided in their relations to each other, and many amendments were proposed. 11. Slowly the greatest of human problems was being weighed and investigated. How were these people of the wilderness to hedge about and transmit their privileges? It PEACE AND INDEPENDENCE. 129 was to be their peculiar glory not to care for themselves only, but, iu their mighty philanthropy, to embrace posterity and the oppressed of all the world. QUESTIONS. I. How long did the Kevolutionary war continue? What are the closing reflections upon David Fanning's career? ii. Who were victors in the great struggle ? What is said of the Tories? 3. What had the x\mericans gained by the contest? 4. When and where was the treaty of peace signed ? 5. Who had become Governor upon the capture of Governor Burke? W T here was Governor Burke sent? O. What was done with Governor Burke after he had reached Charles- ton ? What hardship and danger did he endure during captivity ? 7. How did he return to North Carolina ? Who defeated him in the contest for Governor? What was the cause of the defeat? What is said of the latter days of Governor Burke's life ? 8. What great question was agitating the State after the war had ended ? 9. What plan was adopted towards paying off the soldiers? Mention some payments that were made to commanding officers. 10. What was thought of the new Articles of Confederation ? II. What privilege was to belong to the American people? 17 130 HISTORY OF NORTH CAROLINA. CHAPTER XXXI. THE STATE OF FRANKLAND. A. D. 1784 TO 1788. During the years that followed upon the close of the Revolu- tion, the people of North Carolina were busied with the res- toration of their ravaged fields and the development of the new system of self-rule inaugurated by the convention of Halifax in 1776. There were many good and wise men in America, who had no confidence in the perpetuity or effectiveness of a polity which rested upon the wisdom and virtue of the masses for its enforcement. 2. Samuel Johnston and the leading lawyers of that day were full of apprehension as to the result, where the protec- tion of life, liberty and property rested upon the ballots of men who were, as a general thing, unlettered and steeped in poverty. The Halifax Constitution provided for the educa- tion of the people, but no steps had yet been taken by the Legislature to carry out this wise and beneficent ordinance. 3. The Rev. Drs. David Caldwell and Samuel E. Mc- Corkle were conducting schools on their own responsibility in Guilford and Mecklenburg, in which many young men were receiving sound and useful preparation for life; and there were similar academies in Wilmington, New Bern and Eden- ton ; but as a general thing, education was almost entirely neglected in the State. 4. Under the terms of the "Articles of Confederation," the General Congress continued to assemble, but its sessions resulted in little good to America. The government was con- THE STATE OF FRANK LAM >. 131 tinually embarrassed by the public debt contracted in the Revolution. It could only pay such liabilities by calling upon the several States for their proportions. This was regulated by the value of real estate. 5. North Carolina, thus witnessing the helplessness of the general government to meet its pecuniary liabili- ties, was moved to the noble resolution of ceding the great body of land then belonging to the State west of the Alle- ghany Mountains. This princely domain, now constituting the great State of Tennessee, was at that period, only settled in part by white people, and many millions of acres of fertile lands could be sold to settlers. 6. Such a resource would have brought a great fund to the State for education and other useful purposes; but, with un- exampled devotion to the general good, it was determined by the Legislature of 1784, that the Governor should tender, as a free gift, all the lands not already granted to soldiers and actual settlers. 1785. 7. To an embarrassed government, unable to meet its most solemn engagements, such a boon, it seems, would have been gladly received; but so great was the selfishness of certain States which were then struggling to secure for them- selves such bodies of western lands, that the noble intended bounty of North Carolina proved a failure. The General Congress having failed to accept the offer, the act authorizing the cession was repealed. 8. The story of this patriotic munificence on the part of North Carolina euds not here. When it became known among the western settlers that their country had thus beeu offered to the general government, much excitement followed. Col- onel John Sevier was a leader among the people of the terri- 132 HISTORY OF NORTH CAROLINA. toiy in question. He had been a gallant soldier in the Revo- lution, and was trusted and beloved by his neighbors. He persuaded them that North Carolina, in thus offering to sur- render her claims to their allegiance, had forfeited all right to further control their destinies. 9. He procured the support of many others, who elected members to a convention. This body met at Greenville, in November, 1785, and framed a government of a State which they called "Frankland," in honor of the illustrious statesman, Benjamin Franklin. Colonel Sevier was elected Governor, and judges and other officers were also chosen. 10. Richard Caswell had again been made Governor of North Carolina, when it became known that such things were being done in the west. He issued a proclamation forbid- ding the whole movement, and denouncing it as revolutionary and unlawful. He was supported by a party in the west headed by Colonel John Tipton. 1787. 11. It often seemed that bloody civil war would ensue between the men who sided respectively with Sevier and Tipton, but happily there was little bloodshed amid so much brawling. There were many arrests and complaints, until finally, in October, 1788, Colonel Sevier was captured Xqte. — There was no money in circulation in the "State of Frankland," and the following curious statement, taken from the old records, shows how payment was to he made to the public officers: "Be it enacted by the Gen- eral Assembly of the State of Frankland, and it is hereby enacted by the authority of the same, that the salaries of the officers of this commonwealth shall be as follows: His Excellency the Governor, per annum, one thousand deer skins ; His Honor the Chief-Justice, five hundred deer skins, or five hundred raccoon skins; the Treasurer of the State, four hundred and fifty raccoon skins ; Clerk of the House of Commons, two hundred raccoon skins ; members of Assembly, per diem, three raccoon skins." THE STATE OF FRANK LAND. 133 by the forces of Tipton, and brought to jail at Morganton, in Burke county. He was allowed to escape, and, in memory of his services as a soldier, his offenses were forgiven. 12. It was thus that the abortive State of Frankland arose and disappeared. The State of Vermont originated in the same way; and it is fortunate that such precedents have long since ceased in America. There is some limit to the doctrine of the people's right to self-government, just as liberty is not to be found in mere license. Note. — The State Convention of 1788 was commissioned to select a place for the seat of government, which had been migratory since the earliest days of Carolina colony. The place selected for the capital was the farm of Isaac Hunter, at Wake Court-House, or some other place within ten miles of that locality, to be determined by the General Assemblv. QUESTIONS. 1. What matters occupied the attention of the people in North Caro- lina after the Kevolution ? How were some men disposed to view the new plan of government ? 2. What was the opinion of Samuel Johnston ? What had been pro- vided for in Halifax Constitution ? 3. What private schools were in operation, and where were they ? 4. How was the General Congress greatly embarrassed ? 5. To what extent did North Carolina sympathize with the general government ? What is the present name of that great territory ? 6. What was done by the Legislature of 1784 ? 7. Why was this a very valuable and timely gift to the government? How did the offer succeed ? 8. What excitement was created in the west by this donation ? Who was the leader of the people ? What was Colonel Sevier's opinion of the matter ? 9. What was done in 1785? What name was given to the new State, and why ? 10. What proclamation was issued by Governor Caswell ? Who was the western leader of Governor Caswell's cause ? 11. How did the whole matter end ? 12. What other State of the Union had a similar origin ? 134 HISTORY OF NORTH CAROLINA. CHAPTER XX XII. FORMATION OF THE UNION. A, D. 1787 TO 1790. The new State of North Carolina, as the years went by, became more divided and excited as to the relations of the commonwealth to her consorts of the United States. Each day was demonstrating more clearly the failure of the Con- federation. Its poverty and weakness were exciting the con- tempt of all civilized nations, and the General Congress amounted to little more than an arena for the display of jealousy and selfishness on the part of the individual States. 2. In North Carolina, as elsewhere, the people were divided as to what should be done to remedy this great need of a central and general government. Many were opposed to any change. Others were for creating a strong and over-powering system that should overawe and control all of the States. These latter men were called the "Federalists." 3. Another, and the larger portion of the people of the State, were in favor of adding to the powers of the general government; but at the same time, for going no further in that direction than was necessary for the general safety as against foreign nations, and for the execution of such regula- tions as pertained to all the States. These "Republicans," or "Democrats," were willing to empower the new government to carry the mails, control commerce, carry on war, make treaties, and coin money; but they insisted that all other functions of rule should be retained to the States themselves. FORMATION OF THE UNION. 135 4. In 1787, in consequence of the action of the General Congress, a convention of all the States was ordered to meet in Philadelphia to prepare a new Constitution for the govern- ment of the people of the United States. 5. The Legislature selected Governor Richard Caswell, Colonel W. R. Davie, ex-Governor Alexander Martin, Willie Jones and Richard Dobbs Spaight as the delegates of North Carolina to that body. Governor Caswell and Willie Jones declined the honor, and Dr. Hugh Williamson and William Blount were appointed in their places.. 1788. 6. General Washington was chosen as president of the convention, and in 1788, the result of their deliberations, in the new Constitution, was submitted for the ratification of the several States. It was provided by the convention framing the Constitution, that nine States should ratify before the new system should go into operation, and should then be bind- ing only upon those thus acceding it. 7. A convention for North Carolina was called and met at Hillsboro, July 21, 1788, to consider the proposed Constitu- tion. Samuel Johnston, who had presided as Moderator of several Provincial Congresses, and who had also succeeded Governor Caswell as Chief Magistrate of the State, was chosen to preside. He, with Judge James Iredell, Colonel Davie and Archibald Maclaine, was an earnest advocate of instant and unconditional ratification on the part of North Carolina. 8. Willie Jones, of Halifax, who had so long controlled much of the legislation and government of the State, was the leader of those who opposed such action. They favored the addition of numerous amendments before committing the for- tunes of North Carolina to such control. Thev insisted that 136 HISTORY OF NORTH CAROLINA. without further specification, the powers reserved to the several States would not be sufficiently guarded ; and the Convention, by a great majority, took the same view of the matter. The result was that while declining to ratify absolutely, the hope w T as held out that such would be the case upon the adoption of proper amendments. 9. There was great excitement in the State upon North Carolina's thus failing to join the new government, Political animosities ran high, and renewed efforts were made to over- come the popular objections. The people became restless at the position they were occupying* being thus, with New York and Rhode Island, strangers to the great compact of their sister States. 1789. 10. The new government of the United States went into operation in the spring of 1789, and General Wash- ington took the oaths of office on March 4th, as the first Presi- dent of the Republic. In November, the Legislature and Convention both met at Fayetteville. On the 20th, the amended Constitution of the United States was speedily ratified, and North Carolina was enrolled as a member of the new confederacy, which was to astonish all nations by the vigor of its rule and the splendor and rapidity of its growth as a nation. 179C 11. Two important matters were also settled at this period. The convention at Hillsboro limited the seat of the State government to some point in Wake county. The capi- tal had been migrating from town to town for nearly the whole period of North Carolina's existence. The Legislature also passed a bill creating the University of North Carolina, and the terms of the Halifax constitution, as to popular education, were thus first put into some shape of accomplishment. Both of these measures were highly needed. FORMATION OF THE UNION. 137 QUESTIONS. 1. What question was exciting the people of North Carolina at this period ? What was thought of the Confederation ? 2. How were the people of the State divided upon this great question ? 3. What other party was formed? What were they called, and what powers did they propose to give to the general government ? 4. What convention was to meet in 1787 ? 5. Who were chosen to represent North Carolina in that body ? 6. Who was chosen President of the convention ? How was the new constitution to be submitted to the people ? 7. What convention met at Hillsboro in 1788 ? How did some of the prominent members view the question ? 8. What different opinion was held by other leading men? What did the Convention do with the Constitution ? 9. What was the effect upon the State? What other States also failed to ratify ? 10. When did the new government go into operation? Who was chosen first President of the United States? When and where did North Carolina ratify the Constitution and become a member of the United Gov- ernment? 11. What two important matters were settled at this period? 18 138 HISTORY OF NORTH CAROLINA. CHAPTER XXXIII. FRANCE AND AMERICA. A. D, 1790 TO 1794. When North Carolina had thus taken her place in the Federal Union, and the whole system of State and National polity became perfected in America, many hearts beat with gratitude to God that the promises of the future had become so auspicious. The magnificent realm, won by the blood of heroes, was at last guarded by a system of laws so wise and effective, that peace and prosperity were soon to make it one of the greatest of civilized lands. 2. This example of freedom, won in the wilds of America, was speedily to be felt in Europe. General Washington had been in the discharge of his duties as President about a month, when the States-General of France met in the famous con- vention which was to pull down an ancient monarchy, and engulf all Europe in seas of blood. The over-taxed and excitable Frenchmen were maddened by the contrast afforded in their own sufferings and the blessings achieved by their late allies. 3. Governor Caswell, while in the discharge of his duties as a member of the State Senate, died at Fayetteville, in the mouth of December, 1789. He was to be shortly followed in death by William Hooper and Archibald Maclaine. Willie Jones had retired in disgust from public life, upon the State's joining the Union ; and thus, four most conspicuous leaders almost simultaneously disappeared from the commonwealth's councils. FRANCE AND AMERICA. 139 4. Colonel William R. Davie, of Halifax, John Haywood, of the same county, and Alfred Moore, of Brunswick, had . become greatly influential for their talents, and were fit sub- stitutes for the older servants of the public who had been thus removed from the arena of their former usefulness. Governor Johnston having been elected United States Sena- tor, was succeeded in executive functions by Alexander Martin. 1792. 5. It was during this fresh term of Governor Mar- tin's rule, that Raleigh was selected for the State capital. A large tract of land at Wake Court-House had been bought of Colonel Joel Lane, and upon it a city was laid off and the public buildings erected. This was a great blessing. Before that time, with the exception of a few years after the building of Governor Tryon's palace at New Bern, the main question to be determined by every General Assembly was, what town should be selected for holding the next session. 6. Fayetteville, Hillsboro, New Bern and Tarboro were sure to get up a great excitement and contest as to which of them should be next favored with the presence of the State officers and the General Assembly. The Governor and his assistants had been dwelling wherever it best suited them, and the public records had thus been continuallv migrating over the State. 7. There had never been much church organization in America until after the Revolution. There was not a single Bishop of the Episcopal Church, and not until 1789, was an effort made to supply such a prelate for the church in North Carolina, The Rev. Charles Pettigrew was then elected Bishop of the State, by a Convention at Tarboro, but he died before consecration. 140 HISTORY OF NORTH CAROLINA. 8. The Baptists had united their churches in this State and southern Virginia, in 1765, in a body which was called the "Kehukee Association." In 1770, the Presbyterians had formed the Presbytery of Orange; and in 1788, they set off the Synod of the Carolinas. The Quakers and Moravians were flourishing in certain sections, but as yet, the Methodist mis- sionaries had effected but little in the way of planting churches in North Carolina. 9. When Richard Dobbs Spaight, in 1792, became Gov- ernor, he was the first man born in North Carolina who had filled that distinguished office. He possessed much ability and had large experience in public affairs. He found that great excitement and division existed among the people as to the French Republic. Because aid had been sent from that country to the struggling American colonists, many men in- sisted that it was the duty of America to take sides with France in the war then raging in Europe. 1794. 10. General Washington, and other wise men, resisted this dangerous opinion, and held that America should take no part in the affairs of foreign nations. The great struggle went on, with Napoleon Bonaparte rapidly growing more formidable to the allied kings. 11. The French had imbibed their thirst for freedom from America, but they had also their influence upon the religious creeds of our people. French books and notions became highly fashionable, and the country debating clubs were heard repeating the doubts and sneers of Voltaire ( Vol-tare') and Diderot (De-dro'). 12. The world's creeds were having a most rigorous and thorough examination. The kings and priests were as much excited as in the sixteenth century, but out of all the turmoil PRANCE AND AMERICA. 141 and bloodshed a larger measure of human liberty was to be won. Constitutional kings and purified churches were the outgrowth and result of the most prodigious uproar yet wit- nessed among civilized nations. <>rESTIONS. 1. What was the feeling in North Carolina after the State had joined the Union ? !£. How were the effects of American freedom felt in Europe? 3. What great leaders disappeared from North Carolina's councils at this time ? 4. What men were fast rising to influence ? Who became Governor ? 5. When was Kaleigh selected as the capital ? Why was locating the capital of great good to the State ? Go to the map and point out the city of Raleigh. 6. What contest would generally arise at meetings of the Assembly? 7. What mention is made of religious matters ? 8. How were the Baptists, Presbyterians and other Christian bodies extending their fields of usefulness ? 9. Who became Governor in 1792? What is said of him? What questions did Governor Spaight find agitating the people when he came into office? 10. How was this matter considered by General Washington and others ? 11. How were the works of celebrated French writers affecting the peo- ple of America? 12. What was to be the conclusion of all these troubles ? 142 HISTORY OF NORTH CAROLINA. CHAPTER XXXIV. THE FEDERALISTS AND REPUBLICANS. A, D. 1794 TO 1802. In the last days of the eighteenth century men grew more and more plainly divided into two political parties. Thomas Jefferson was the leader of those who maintained that the new government of the United States should be strictly limited to the powers expressly granted in the Federal Constitution, and prohibited from the use of any of those reserved rights that yet belonged to the individual States. 2. Alexander Hamilton was another very able and patri- otic statesman, and he took precisely a different view. He did not consider the people, themselves, capable of ruling the country, and wished to completely subordinate the State gov- ernments to Federal authority. "Federalists" were those who followed such views, while the "Republicans" were no less strenuous in upholding Mr. Jefferson and his policy. 3. The Superior Courts of the State, after the resignation of Judge Iredell, were held as in old provincial times, at the six favored villages, by Judges Samuel Ashe, Samuel Spencer and John Taylor. In the year 1794, Judge Spencer came to his death in a most singular manner. He had suf- fered with a long and wasting illness, and one warm evening was carried out and laid upon the grass beneath a tree in his yard. While lying there the red flannel of his shirt infuri- ated a large turkey-gobbler, which attacked him with great violence. When Judge Spencer's feeble cries attracted atten- tion, he had been so injured that he at once died of his bruises. THE FEDERALISTS AND REPUBLICANS. 143 4. In 1793, the corner-stone of the East Building had been laid for the University, at Chapel Hill. Colonel Davie, as Grand Master of the Masons in the State, officiated ; as did also Rev. Dr. McCorkle, who delivered an eloquent address to the great crowd which assembled from all parts of the State to do honor to the occasion. 1795. 5. In 1795, the buildings and faculty having been made ready, the institution was regularly opened for the recep- tion of students. The Rev. David Kerr {Karr) and Samuel A. Holmes were the faculty, and Hinton James, of Wilming- ton, was the first student to arrive. Thus began an institu- tion of learning in which, during coming years, great and distinguished men were to be educated and prepared for use- fulness in almost every honorable employment of civilized men. 6. Tennessee had been conveyed to the general government soon after the ratification of the United States Constitution. During the administration of Governor Ashe, who had suc- ceeded Alexander Martin as Chief Magistrate, there were many frauds concocted by James Glasgow, as Secretary of State, and Colonel Martin Armstrong, and their coadjutors, Major John Armstrong and one Stokely Donnellson. 1797. 7. It was discovered that immense tracts of land were being located under fictitious boundaries, and not only the Continentals, but also the State and United States, were thus being swindled by these officers, who had been long honored and trusted in North Carolina. 8. Courts were ordered to be held by the General Assembly for the trial of these distinguished culprits; and in 1799, they were convicted and punished. Judge John Haywood resigned his place on the bench, and instead of trying, de- 144 HISTORY OF NORTH CAROLINA. fended the malefactors, one of whom paid him one thousand dollars as a fee for his services in the case.* There had been, a few years before, a similar scene when Benjamin McCulloh was convicted at Warrenton and punished for like offenses. 9. The excitement between Republicans and Federalists still grew in intensity. John Adams had succeeded General Washington as President, and he was one of the most violent of the party in power. The French agents and apologists were growing more offensive in their demands for American aid to the blood-washed republic in Europe. President Adams procured the passage of laws by Congress that startled and confounded many of the States. 10. These "Alien and Sedition Acts" armed Federal author- ities with the power to seize and send out of the country, without trial, any foreigner who might become offensive to Federal officers; also to indict in the District or Circuit Courts of the United States any writer or publisher whom the grand juries might select to punish for libel. 1798—99. 11- Virginia and Kentucky hastened to pass the famous resolutions of 1798-'99,f and to put the battle in array for another great struggle as to what should be the real powers of States and the Union. President Adams and the Federalists were overwhelmingly beaten in the contest of 1800, *JSorth Carolina had honored James Glasgow by giving his name to one of the counties of the State, but in consequence of his disgrace, the name of Glasgow county was stricken from the list, and the county named in honor of General Nathaniel Greene. fThe "Resolutions of 1798-99" declared that the Federal Constitution was simply a covenant between the States as States, and "each party has an equal right to judge for itself, as well of infraction as of the mode and measure of redress." THE FEDERALISTS AND REPUBLICANS. 145 and the Republican party at once went into possession of all the offices by which the powers of the antagonistic systems were to be defined. 12. A much greater portion of the wisest and most expe- rienced statesmen had been ranked, until this time, with the Federalists, but that creed soon grew into such disfavor tllat few politicians could be found to do it reverence. And this, it may be safely asserted, has been the experience of the American people whenever the majority of them has differed from the learned few. The masses have been, in almost every instance, wiser than those who thus sought to control their views. QUESTIONS. 1. What was observed towards the latter days of the eighteenth cen- tury ? Who was one of the political leaders ? What views did Mr. Jeffer- son hold ? 2. Who was leader of the other great political party ? What was Mr. Hamilton's policy ? 3. What is said of the Superior Courts and the Judges? Describe the singular manner of Judge Spencer's death. 4. What is said of the University ? 5. When was the University regularly opened? W T ho constituted the faculty ? Who was the first student to enter ? What has been the labors of this institution ? 6. What land frauds were perpetrated in 1795 ? Who were the guilty persons ? 7. What was the nature of these frauds ? 8. Give some account of the trial of these offenders ? 9. What was the condition of affairs throughout the United States at this period ? 10. What was the effect of the "Alien and Sedition Laws" ? 11. What was done by Virginia and Kentucky ? What party came into power in 1800? 12. What is said of the "Federalists" ? 19 146 HISTORY OF NORTH CAROLINA. CHAPTER XXXV. CLOSING OF THE EIGHTEENTH CENTURY. A. D, 1800 TO 1802. General Davie ceased to be Governor to accept a place on the American Embassy to Paris. He had been appointed Major-General to command North Carolina's contingent, when it seemed that war with France was inevitable; but that dan- ger had happily become a thing of the past, and he was sent over to arrange the vexed questions growing out of the Berlin and Milan decrees. 2. Among the members sent from North Carolina to Con- gress, Nathaniel Macon, of Warren, was fast becoming most conspicuous for his virtues and influence upon the men of other States. Perhaps no other member of Congress ever wielded so lasting and powerful an influence. His modest wisdom, his inflexible adhesion to what he believed was right and his unselfish devotion to the public good, made his opposition to any measure almost necessarily fatal to its passage in the House to which he belonged. 3. There was grief in the last hours of the century, when it became known that General Washington had died in his re- tirement at Mt. Vernon. Judge James Iredell had also died about the same time. He had been one of the Associate Jus- tices of the Supreme Court of the United States by the appoint- ment of General Washington, and fell a victim to the enor- mous labors incurred in riding in his stick-gig the great distances involved in attending his different circuit courts. 1800. 4. This was, perhaps, the golden age of social enjoy- ments in North Carolina. The Quakers were abolitionists, as « LOSING OF THE EIGHTEENTH CENTURY. 1 \i were also many other good people; hut the question had no! been agitated and there was nothing to give uneasiness to masters or false hopes to the slaves. These latter shared largely in the festivities of the white people, and were free for many years to come to conduct their religious exercises in any way that seemed best to their wild and fantastic notions. 5. The President had appointed Alfred Moore as the suc- cessor of Judge Iredell on the Supreme Court Bench. He was also a great lawyer. Judge Haywood had left North Carolina, and was a citizen of Tennessee but, in William Gaston, Archibald Henderson and Archibald I). Murphy, the Bar had received fresh honors in their learning and eloquence. John Stanly, David Stone, Joshua G. Wright and Peter Browne had begun their attendance upon the courts, in which they were all to win great reputations. 6. There had been considerable change effected in the courts. By the statute of 1799, four ridings were established. The Judges, after ridiug these circuits, were required to meet in Raleigh to try appeals. The sheriffs were no longer obliged to march with drawn swords before the Judges as they went to and from the court-house, nor were the lawyers any more compelled to appear in the trial of cases clothed in gowns. 1802. 7. Governor Benjamin Williams had succeeded General Davie in executive functions. Among his last official acts was the pardoning of John Stanly for the killing of ex- Governor R. D. Spaight. This occurred ou Sunday, Septem- ber oth, 1X02, and was the outgrowth of a bitter political con- troversy. Spaight was a Republican, and opposed to the election of the able and impulsive young leader of the Fed- eralists; thus it was that the bloody and deplorable duel occurred. 148 HISTORY OF NORTH CAROLINA. 8. In the same year was seen the exodus of the remaining Tuscaroras from Bertie county. The reservation on Roanoke River, which had been granted them for good conduct in the Indian war of 1711, was sold by them to private parties, and they emigrated to New York, where the other parts of the tribe had long been located. 9. Among the laws of the Legislature of 1802, was a statute providing for the payment, by the people, to the patentees of the cotton gin, a given sum for every saw used in each machine. This implement had been recently invented by Eli Whitney, who was a young man from New England, engaged in teaching school in Georgia. 10. Before this time, only very small patches of cotton had been seen in the Southern States. The lint was picked from the seed only by human fingers, and so slow was the process that a shoe full was a task usually given to be accomplished between supper and bed-time. Whitney's invention was soon to affect the agriculture and commerce of the world. Without the cotton gin, it would have been very different with all civilized nations. It has aided in building cities, freighting mighty fleets, and giving employment to many millions of the human race. 11. Attention has already been called to the effects of French atheism upon the new Republic. The tide of unbelief rolled on until many religious people trembled for the creed and morals of the American people. Mr. Jefferson had many imitators among public men, who, like Colonel Ingersoll of our day, made themselves the advocates of a system resting on no higher sanctions than mere human perceptions of right and wrong. 12. In 1802, a mighty religious movement began in Ken- tucky, and spread over a large portion of the Republic. Vast CLOSING OF THE EIGHTEENTH CENTURY. 149 assemblages of the people were seen in the camp-meetings. The ordinary avocations of life were left for weeks at a time, by multitudes who engaged in religions devotions. The churches were re-inforced by many thousands of new mem- bers, and thus, happily, the demon of doubt was exorcised from the popular mind. QUESTIONS. 1. What honors were conferred upon Governor Davie? 2. Who was North Carolina's most able representative in Congress? Tell something of the character of Nathaniel Macon. 3. What great grief came npon the nation at this period? What prominent man died in North Carolina at this time ? Can you state some- thing of his life? 4. What is this period called in the history of North Carolina? What was the condition of the slaves? 5. What is said of prominent lawyers? G. Mention some changes which were made in the Court system. 7. Who had succeeded Governor Davie as Chief Magistrate ? What was one of his last official acts ? Give an account of the duel. 8. To what place did the Tuscaroras emigrate in 1802 ? 9. What law was passed by the Legislature in favor of the inventor of the cotton gin? Who was the inventor? 10. Give an account of the preparation of the cotton for use both before and after this great invention. 11. What was the religious condition of the country ? 12. Give an account of the great religious revival of 1802. 150 HISTORY OF NORTH CAROLINA. CHAPTER XXXVI. GROWTH AND EXPANSION. A, D. 1804 TO 1812. The Republic of America was wisely ruled during the eight years of Mr. Jefferson's administration as President. He was not only the greatest of political philosophers, but a consum- mate leader of a party. Under his management the Feder- alists were so completely overreached, that even ex-President John Adams was found among the electors who voted for Jefferson's re-election. 2. Vermont, Ohio, Kentucky and Tennessee were added to the list of States, and the vast territory known as "Louisiana," had been purchased from France and made a portion of the American Union. This was a magnificent territory, for which the United States paid fifteen million of dollars. But with all these evidences of internal advancement, there was unceas- ing and ever-growing trouble with foreign powers. 1804. 3. Great Britain had not only failed to carry out the conditions of the treaty of Paris, but continual trouble and war with the western Indians were traced to the plotting of British agents. In Europe and on the high seas, Ameri- can ships were frequently subjected to wrong and indignity by British cruisers, which seized their cargoes or crews on various pretexts. These maddening interferences were fast bringing the people of the United States to a determination to vindicate, by arms, their claims as a free and independent people. Europe was still convulsed by war. Napoleon GROWTH AND EXPANSION. 151 Bonaparte had been crowned as Emperor, and in the mighty struggle, the claims of the aggrieved Republic were over- looked or despised. 4. The people of North Carolina were still in great want as to general education. The University, at Chapel Hill, was sending out graduates that had already conferred honor upon that seat of learning; but the preparatory schools, so neces- sary as feeders to such an establishment, were few and far between. 5. Rev. William Bingham had begun a school in the east. He temporarily removed to Pittsboro, and finally settled at Hillsboroand established the academy, which is even at this day continued near by, at Mebaneville, under the management of one of his descendants. This school, dating from 1793, was, even in its infancy, of marked excellence, and has won more reputation than any similar institution in the Southern States. Rev. Dr. David Caldwell's fine school, in Guilford, Rev. J. O. Freeman's, in Murfreesboro, and a few academies in the villages, were but feeble in their effects upon the great mass of the people. 6. There had not been opened a single free school in all the State. Occasionally there could be found neighborhoods where a few citizens joined in employing a man to teach the elementary branches of English education, but these were generally attended only a few mouths at a time, and were not very admirable either for discipline or in the matters taught. 1805. 7. The people of the interior and west were becom- ing anxious for some means of conveyance and travel to the outer world. The crops raised were generally too bulky to pay for expensive transportation over long distances, being in this way only available to feed the community where they 152 HISTORY OF NORTH CAROLINA. were raised. Tobacco from all the counties in the northern portion of the State, was conveyed to market by rolling the hogsheads containing it along the roads, to markets at Peters- burg, in Virginia, and Fayetteville. 8. In the regions where the long-leaf pine grows, there was much attention given to the preparation of turpentine and tar. Indeed, so large a trade grew up in these articles, that some people abroad came to think that North Carolina pro- duced little else. The turpentine distilleries were, at this time, to be found only outside of North Carolina; and the crude product of the tree was shipped from our ports, to be manufactured in other States. 9. In 1805, during the session of the Legislature, General James Wellborn, of Wilkes, introduced a proposition to build, at the State's expense, a turnpike from Beaufort harbor to the mountains ; but this and all other such improvements were to be neglected for a long time to come. 1810. 10. The canal through the Dismal Swamp was to prove of great benefit to eastern counties ; but this work, though authorized long before, was yet unfinished. The vessels to New York or Baltimore still passed out to sea by all the dangers of Cape Hatteras, and not unfrequently both cargo and crew were engulfed amid its cruel sands. 11. There was, at this period of our history, a brisk trade between the West Indies and several of the eastern towns. Wilmington, New Bern, Washington and Edenton were all largely engaged in the shipment of staves and provisions; importing salt and tropical stores in return. This, and all other foreign trade, was ruthlessly stopped by the embargo laid by Congress. 1812. 12. This extreme measure failed to bring Great Britain to any surrender of her claim to search American GROWTH AND EXPANSION. 153 ships; and for this and other just reasons, war was declared on the 19th of June, by the United States against England. Mr. Madison would have temporized and still deferred the dreadful expedient, but the American people were resolved upon indemnity for the past and security for the future; and thus two kindred nations were to waste blood and treasure in a fruitless quarrel. QUESTIONS. 1. Who was President of the United States at this period ? What is said of Mr. Jefferson's rule ? 2. What States were added to the Union ? What great territory was purchased? 3. How had Great Britain kept the treaty of Paris ? What indignities were offered to the American people? How were these things affecting the people? 4. What is said of educational matters ? 5. What mention is made of the Bingham School ? What other schools are mentioned ? 6. What was the condition of free education ? 7. In what things were the people of the interior and west becoming specially interested ? How was tobacco taken to market? 8. What is said of the production of turpentine and tar? 9. What was proposed by General James Wellborn to the Legislature of 1805? 10. Give a general description of coast navigation at this time. 11. Give some particulars concerning trade. 12. What war was declared in 1812 ? 20 154 HISTORY OF NORTH CAROLINA. CHAPTER XXXVII. SECOND WAR WITH GREAT BRITAIN. A, D, 1812 TO 1815. James Turner, of Warren ; Nathaniel Alexander, of Meck- lenburg; David Stone, of Bertie, and Benjamin Smith, of Brunswick, had served in turn as Governors of North Caro- lina, during the years of growth and expansion described in the last chapters. William Hawkins, of Granville, was chosen to the same high functions in 1812, and, as commander-in- chief of all the State's forces, felt unusual responsibility in view of the war even then begun between Great Britain and the United States. 1813. 2. It was the purpose of the American Govern- ment to seize Canada and locate hostilities, as much as possible, in that portion of America. As no great army was assembled at any one point, no call was made upon North Carolina for troops to be sent outside of her borders, except those marched to Norfolk, in the State of Virginia. At that place Major- General Thomas -Brown, of Bladen, was in command of a full division sent from his own State. 3. General Brown was a veteran of the Revolution, and had rendered heroic service at Elizabethtown and elsewhere, during that long and arduous struggle. His North Carolina brigade commanders were General Thomas Davis, of Fayetteville, and General James F. Dickinson, of Murfreesboro. 4. Camps were also established and troops held for action at other points. The western levies were collected at Wadesboro, under General Alexander Gray, and were drilled and kept in SECOND WAR WITH GREAT BRITAIN. 155 readiness to be marched to the relief of either Wilmington or Charleston. Colonel Maurice .Moore, at Wilmington, and Lieutenant-Colonel John Roberts, at Beaufort, commanded garrisons for the defence of these sea-ports. 1814. 5. In the American army on the Northern frontier, where Winfield Scott, of Virginia, was winning so many lau- rels, were two North Carolina officers who were also fast rising to distinction for valor and skill in arms. These were William Gibbs McNeil, of Bladen, and William McRee, of Wilming- ton. They both rose to be Colonels in the corps of engineers. Amid the frequent disasters and exhibitions of incompetency on the part of American officers in that department, these capa- ble and gallant men were as useful to America as they were cheering to the people of North Carolina. 6. On the high seas, where the mighty fleets of Britain held at such fearful disadvantage the few cruisers of their opponents, were also to be found brilliant representatives of this Common- wealth. Captain Johnson Blakeley, of Wilmington, had been reared by Colonel Edward Jones, the Solicitor-General of North Carolina. He had already made reputation in the Mediterranean Sea, under Commodore Preble [Preb'l). 7. Early in 1814, he went to sea in the United States sloop of war Wasp, and captured, with great eclat, the British sloop of war Reindeer. Having burned this prize for fear of its recapture, he refitted in a French port, and in August encoun- tered another British ship, the Avon. The British vessel had struck her colors for surrender, when a fleet of the enemy came upon the scene and the victorious Wasp was forced to fly. In a few days Blakeley, thus steering among the crowded seas surrounding England, captured fifteen merchant vessels. On one of these, the brig Atalanta, he put a prize crew and sent her to the United States. 156 HISTORY OF XORTH CAROLINA. 8. This was the last that is known of this gallant and ill- fated officer. He perished in some unknown manner at sea, but left an imperishable name to the keeping of his country- men. 9. Captain Otway Burns, of Beaufort, was the commander of a cruiser known as the Snap-Dragon. "With this privateer, he long roamed the seas and proved victorious in many well- fought actions. He survived the war and was afterwards a member of the Legislature. The village of Burnsville was named in his honor. 10. In addition to the troops already mentioned, a regiment commanded by Colonel Joseph Graham, so highly distin- guished in the Revolution, was sent against Billy Weathersford and his Creek warriors. They had massacred nearly three hundred white people in Fort Mimms on the Alabama River, and were paying a fearful penalty. Another North Carolinian, in the person of General Andrew Jackson, was in command of the force sent to avenge this outrage of the red men.* 11. So swift and complete had Jackson been in his work, that when the North Carolina regiment arrived there was nothing left to be done in the way of battle; for, as Weathers- ford declared, his braves were all dead, and the war ended. 1815. 12. Peace was soon to be made between the United States and Great Britain, and the two nations, after strug- "General Andrew Jackson was born in Mecklenburg county, on the 15th day of March, 17B7. Note. — The Indians were required, as a preliminary to peace, to bring in their fugitive chief, Weathersford. That bold and able half-breed did not wait for arrest, upon hearing these terms, but rode into General Jack- son's camp, and in surrendering himself, boldly announced that he did so because he no longer had warriors to continue the struggle. " I have no- thing to ask for myself," said he, " but I want peace for my people." SECOND WAR WITH GREAT BRITAIN. 157 gling for each other's injury for three years, agreed to stop without conceding a single original cause of the contest. En- gland did not even agree to cease from impressing men from the United States navy, but the right of search was no more 'practiced. The treaty of peace was ratified by the United States Senate on February 7th, 1815. QUESTIONS. 1. What Governors had served in North Carolina during the years just considered? Who was Governor ;it the beginning of the war of 1812? 2. How had the United States proposed to conduct the campaign? What troops did North Carolina furnish ? Who was in command ? 3. What is said of General Brown's past record ? Who were his bri- gade commanders? •4. What military preparations were made in North Carolina ? 5. What two North Carolina officers were winning distinction under General Winfield Scott? In what branch of the army were they serving? G. What is said of affairs on the seas? What North Carolina naval officer was distinguishing himself ? 7. Give an account of some of his bold and heroic exploits. How many English vessels did he capture ? 8. What is known of him after this? 9. What other seaman was distinguishing himself for his bravery ? How is his name commemorated in the State? 10. Who was sent against the Indians? What great General was in command of all this force? 11. What was the success of General Jackson's expedition ? 12. What is said of the end of the war of 1812 ? 158 HISTORY OF NORTH CAROLINA. CHAPTER XXXVIII. AFTER THE STORM. A. D. 1815 TO 1821. When hostilities ceased between the two countries, it seemed a great thing to the people of North Carolina to once more enjoy the full benefits of trade and commerce. British crui- sers had made all foreign commodities very scarce and costly. Salt was made on the sea-coast in limited quantities, but of inferior quality. It was, therefore, very gratifying to the people to again see the stores filled with goods of every description. 2. When this period of history had been reached, the State was divided into sixty-two counties. Each of these sent annually to the General Assembly one Senator and two mem- bers of the House of Commons. Edenton, New Bern, Wil- mington, Fayetteville, Hillsboro, Halifax and Salisbury were called "borough towns"; and, by virtue of this superior dig- nity, each sent, in addition to its county members, also a representative to the lower House of Assembly. 3. The Moravian settlement at Salem had prospered, and though no great numbers of that sect had come over from Europe, yet much wisdom and thrift were seen in the affairs of Wachovia. A female seminary of real excellence and great popularity had been founded in 1804, and young ladies from all the Southern States were receiving useful education in this retired and healthful region. 4. Raleigh then contained about eight hundred people. Fayetteville was more than twice as populous. Wilmington AFTER THE STORM. 159 and New Bern were the largest and most important towns in the State, but were still limited in population and trade. Edenton and Halifax had each lost importance iu the march of events, and many villages were surpassing them, both iu number of inhabitants and trade. 1819. 5. Dr. Joseph Caldwell had been, for many years, at Chapel Hill, as President of the University. He came from New Jersey to make North Carolina his future home, and was giving the State of his adoption so laborious and use- ful a devution that his name will be cherished in its limits so long, as learning and patriotism are valued by the people. He was not only making the college famous for the excellence of its appointments, but the internal improvement of the commonwealth, by means of railways, was to be advocated by him in such a manner that the general apathy on the two great subjects of education and inter-communication was passing away. 6. The churches were likewise combining for increased piety and effectiveness among the people. The Methodist Confer- ence was each year adding to the number of its churches and itinerant preachers. The Baptists had added the "Chowan" as a coadjutor to similar bodies known as "Sandy Creek" and "Kehukee" Associations. 7. The Episcopal Diocese of North Carolina, at last, in 1816, perfected its organization in the election and consecra- Notp:. — In 1827, Dr. Caldwell delivered an exceedingly able address before the Legislature, on the subject of railways, and a considerable interest was awakened. The first railway in the United States was built in 1826. This was in Massachusetts, and was only two miles long. It was known as the "Quincy Eailroad." The first passenger railway was the Baltimore and Ohio road, fifteen miles long, and was regularly opened in 1830. The cars were drawn by horses until the next year, when a locomo- tive was used. 160 HISTORY OF NORTH CAROLINA. tion of Bishop John Stark Ravenscroft. He was a man of eminent piety and usefulness. As a preacher he was held in equal reverence with another distinguished divine of that day, the Rev. John Kerr, of Caswell, who was a leader among the Baptists. 8. The Presbyterian Synod also contained many able and excellent ministers. Rev. Drs. Samuel E. McCorkle, David Caldwell and James Hall were greatly esteemed for their learning and devotion. This church was especially active and efficient in the controversy over the teachings of the French atheists. 9. William Gaston and Bartlett Yancey were the leaders among the statesmen of North Carolina in this period. They were both greatly distinguished for eloquence and ability. For purity of character they have not been surpassed in all our annals. Another James Iredell had arisen in Chowan county, and in Craven were seen John Stanly and youthful George E. Badger. In Caswell was also Romulus M. Saun- ders, another young lawyer of fine abilities. 10. The establishment of the Supreme Court, in 1818, on its present basis, was largely the work of Bartlett Yancey. John Louis Taylor as Chief Justice, with Leonard Henderson and John Hall as associates, constituted a tribunal which was soon to win the veneration of American lawyers. 1820. 11. Tilling their fields in contentment, went on from year to year the men and women of that era, which has been called the era of "Good Feeling" in American politics. But the question of slavery in the territories was fast assuming a dangerous importance. 12. The Northern States contended for no more slave States. The South would hear to no such regulation. The AFTER THE STORM. 161 storm grew louder until it was settled by the ''Missouri Com- promise" of March 3, 1820 ; the news of which, Mr. Jeffer- son declared, fell on his ears "like a fire-bell at ni^ht." Note. — The Missouri Compromise provided that henceforward slaverv should be forever forbidden north of the parallel of 36° 30'. QUESTIONS. 1. What was the condition of North Carolina after the war of 1812? 2. How many counties were in North Carolina in 1815? What is said of the representation in the General Assembly? What towns had special privileges ? 3. Give some account of the growth of the Moravian settlement at Salem ? 4. Give some description of various towns and villages. 5. What efforts were Dr. Joseph Caldwell putting forth for the advance- ment of the State ? 6. What growth was seen among the Methodist churches ? 7. Who was at the head of the Episcopal Church ? What is said of Bishop Kavenscroft ? 8. Who were the most eminent Presbyterian divines? What benefit w r as derived from their labors ? 9. Mention the political leaders ? 10. Through whose efforts was the Supreme Court established? Who were the Justices ? 11. What was this period called ? 12. What question was greatly agitating the people ? 21 162 HISTORY OF XORTH CAROLINA. CHAPTER XXXIX. THE WHIGS AND THE DEMOCRATS. A, D, 1821 TO 1827. 1821. In the decade following the enactment of the Mis- souri Compromise, there was seen prodigious material growth in every section of the American Union. In North Carolina, the real prosperity of the people was imperceptible, by reason of the heavy emigration to the South and West. Not only population, but wealth, was continually withdrawing to more profitable fields of labor and speculation. 2. While the Northern and Western sections of the Union were receiving the thousands who came every year from Europe and elsewhere, there was no such accession to our numbers. For a century past, there has been little or no immigration to North Carolina. The stream of settlers that once poured so steadily into the hill country had ceased even before the Revolution. 3. After the overthrow of the Federalists by Mr. Jefferson, in the year 1800, there was no national party struggle on the old issues, but in every portion of the country were indi- viduals who adhered to the views of Alexander Hamilton as to the proper construction of the Constitution of the United States. Many of these were men of great social and profes- sional eminence. They were generally without office after the party rules introduced by the chief of the Republicans went into effect, and were, therefore, influential only as individuals, with little following, politically. 4. Under Mr. Madison and his successors, there was no party really but that of the Democratic-Republicans. Every THE WHIGS AND THE DEMOCRATS. 163 one who hoped for political promotion professed to hold the faith of that organization. There was no party division as to the Bank of the United States, or the provisions of the tariff of duties on foreign imports. 5. When the Constitution was formed at Philadelphia, in 1787, all the States save Massachusetts recognized the legality of slave property. Very soon afterwards the "Society for African Emancipation " was formed, with Dr. Benjamin Franklin as its President. This body petitioned Congress to abolish slavery in the States and Territories, but was told that the Constitution left the whole matter to the States, and that the Federal authorities had no power in the premises. For this reason Mr. Jefferson expressed surprise at the passage of the Misson ri Corn prom ise. 1825. 6. In 1825 the election of John Quincy Adams by the House of Representatives, resulted in such a state of aifairs that a new aspect was given to political matters.* Gen- eral Andrew Jackson, who had received the largest popular vote, and was then a Senator from Tennessee, became the leader of those who were called " Democrats." Those who were opposed to him assumed the name of "Whigs." *In this same year the State was graced by the visit of General LaFayette. A half century before, he had left his wife and all the charms of life in Paris, to do battle in behalf of the struggling American colonies. After acting a distinguished part in the French Revolution, he had returned as the nation's guest, to receive the thanks of another generation for the great services he had rendered in the past. He went from State to State, everywhere greeted with the utmost love and veneration. He soon returned to France in United States ship Brandy wine, after receiving princely recog- nition and rewards from Congress. Note. — In 1825 a considerable excitement was created on account of an extraordinary advance in the price of cotton. In a few weeks the price went from twelve to thirty-two cents per pound. This great rise was onlv tempo- rary, and many people were ruined by the sudden and unexpected fall. 164 HISTORY OF NORTH CAROLINA. 7. John Quincy Adams, though elected as a Democratic- Republican, soon found that party arrayed against his adminis- tration. Henry Clay, and all of those who had been Federal- ists, supported the President. In North Carolina, many promi- nent men arrayed themselves with the new party. These Whigs advocated a continuance of the United States Bank, a tariff for protection on importations, and a distribution to the several States of the money realized by the sale of public lands. 8. General Jackson and the Democrats favored a tariff for revenue. They said the National Bank was not only unau- thorized by the Constitution, but was also dangerous to the liberties of the people. They were likewise unfriendly to the plan of making the States pensioners of the General Gov- ernment, as proposed in the policy of distribution. 9. As in all family quarrels, there was soon great rancor developed between the two parties, both of which had lately been included in the Republican ranks. Mr. Clay and John Randolph inaugurated the animosities by a duel; and soon, in North Carolina, as elsewhere, social amenities were largely disregarded between the Whigs and Democrats. 10. This was very absurd and wrong. They all lived in a free country, and were abundantly entitled to hold and express opinions as to what was the best policy for the government to pursue. God has so constituted men that, of necessity, they must differ in opinion on all subjects. How weak and wicked, then, is that man who hates his brother because of the failure to agree on matters that are, after all, involved in doubt as to their results. 1827. 11. It was thus that the American people began really to enter upon a series of party struggles which were to THE WHIGS AND THE DEMOCRATS. 165 eventuate in the great and destructive civil war of 1861. While the parties in power were thus contending on the sub- jects mentioned, there was growing up a sentiment among the people of the North against slave-holding. 12. The Northern States had all abolished this institution, in their midst, and their servants had been brought to the South and sold. Southern men, also, had been divided as to the policy of continuing a state of society so opposed to the general liber- ties of mankind; but this liberal spirit was checked by the violent and unreasonable criticisms and denunciations of the reformers. Alas! for the weakness of humau nature, even in its best estate ! QUESTIONS. 1. What growth was noticed in the Union during the years just consid- ered ? 2. What is said of emigration to North Carolina ? 3. In what condition were the political parties of the country ? 4. What is said of President Madison's administration ? 5. What State refused to recognize the legality of slave property? What Society was organized? 6. What was the effect of the election of John Quincy Adams ? What two political parties then existed ? 7. What troubles did Mr. Adams find? What party was led by Henry Clay? What were some of the Whig principles? 8. What did General Jackson and his party advocate? 9. What results were produced by the violent assertion of these opinions ? 10. What is said of political animosities ? 11. In what condition did the year 1827 find the people of the United States? 12. How had the Northern States acted in regard to slavery ? What checked the liberal spirit of the South concerning slavery ? 166 HISTORY OF NORTH CAROLINA. CHAPTER XL. CONDITION OF THE STATE. A. D. 1827 TO 1836. While the Republic of the United States was so divided and agitated as to matters of policy touching the interests of all the Union, there were, at the same time, many issues of local importance, confined to North Carolina. 2. The old habit of annually changing the place for hold- ing the sessions of the Legislature had first brought about a feeling of sectionalism between the eastern and western coun- ties. Western men had first learned to combine in securing Hillsboro rather than New Bern for this purpose. It was natural and right for them to seek to lessen the distance as much as possible that separated the State capital from their •homes. 1829. 3. The western counties were also anxious to change the system of representation, so that their weight in popula- tion should be felt in legislation. As it was, the east held control of both Houses of the General Assembly. Hertford, with five hundred voters, had exactly the weight of Buncombe or Orange, with its thousands. Eastern men would not consent to modify this hardship. They insisted that the Hali- fax Constitution was still to be adhered to, and refused to go into a convention for fear of changes that might subject east- ern wealth to the consequences of the great western desire for the construction of highways. 4. In the western convention, which met in Raleigh, in 1823, and was presided over by Bartlett Yancey, several wise CONDITION OF THE STATE. 167 and desirable changes were suggested. A calm but vehement spirit was evident among the people that might have pro- ceeded to such lengths as were seen in the "Dorr Troubles" of Rhode Island, had not the Legislature of 1834, come to the rescue in the passage of the "Convention Bill." 1834. 5. On a close vote, aided by the votes of eastern borough members, the bill was passed which provided that, in case the call for a convention therein contained should be endorsed by a majority of the voters in the State, then a con- vention should be held; and each member chosen, before taking his seat, should take oath that he would not be a party to any further alterations of the Constitution than those specified in the enabling act. 1835. 6. The Convention met in Raleigh, on June 4, 1835, and Nathaniel Macon was made President. Many of the ablest men in the State were members. Judge Gaston, ex- Governor David L. Swain and Judge J. J. Daniel were leaders in the debates. Borough representation and free-negro suffrage were abolished. The election of Governor was taken from the Assembly and committed to the people. The legis- lative sessions were made biennial instead of annual, as of old. Each county was to send one member to the House of Com- mons, and more if its population justified so doing. One hundred and twenty members constituted this body, while the Senators were limited to fifty. The upper House was to rep- resent taxation; and the lower, population. Note.— In 1831, on the morning of the 21st of June, the capitol at Raleigh, was burned. The fire was caused by the carelessness of a work- man who was covering the roof. The building was a total loss, as was also the beautiful statue of Washington, which stood in the rotunda. A new capitol was erected upon the site of the old building, by act of the Legisla- ture of 1832. It is an elegant structure, and was built of native granite, at a cost of over a half million of dollars. 168 HISTORY OF NORTH CAROLINA. 7. These organic changes were ratified by a popular ma- jority of more than five thousand votes. This change of Constitution was soon followed by the first popular election for Governor. Messrs. Miller, Burton, Owen and Swain had successively occupied the Executive office in North Carolina, until the Legislature, for the last time, selected a Governor in the person of Richard Dobbs Spaight, of Craven. 1836. 8. This elegaut and genial gentleman did not equal his father in the measure of his endowments, but was well fitted for the exigencies of a contest before the people. He was nominated for re-election by the Democrats, but was beaten by the Whig nominee, Edward B. Dudley, of Wil- mington. Mr. Dudley was not only a very able lawyer, but proved himself a statesman of enduring worth. He, John M. Morehead and W. S. Ashe, have accomplished more for the railway system of the State than perhaps all other party leaders combined. 9. The first railway charter given in North Carolina was that of the Petersburg Railroad. This was in 1830, and was followed, two years later, by that of the Portsmouth and Roanoke route. Soon, Governor Dudley and others had organized the Wilmington Railroad, leading to Weldon, the same terminus mentioned for the others. This was for some- time the longest single line in the world. 10. A few lines had been constructed in the United States prior to these, but they were among the pioneer works of the mighty net-work of railways now seen in every portion of the Republic. A mighty change has come to the travel and traffic of the States. The vast reaches of the national terri- tory once presented to wise observers of our institutions a bar to any unity of thought and interest; but steam and elec- CONDITION OF THE STATE. 169 tricity have triumphed over space, and the Republic, in 1881, is far more compact and accessible than were the Atlantic States in 1787. 11. In just a half century, the iron lines beginning at the sea, have reached and pierced the mountain barriers of West- ern North Carolina. From State to State, rush the tireless ministers of our wealth and pleasure. Instead of the wagon train toiling slowly in the rear of weary axemen, we see the mighty train dash by with the speed of the hurricane, and bear- ing burdens which would have proved to our ancestors "as fixed and immovable as the everlasting hills." QUESTIONS. 1. What is said of the troublesome years ? 2. What troubles were seen in North Carolina ? What divisions had sprung up between the eastern and western men of the State? 3. How did the men of the two sections view the question of represen- tation ? 4. What is said of the Western Convention of 1823? 5. What law was enacted concerning a convention ? G. What is said of the memorable Convention of 1835 ? What changes were made in the Constitution ? 7. What was the majority of votes given to the amendments? Who was the last Governor selected by the Legislature? 8. What two candidates were before the people in 1836 ? Who was the first Governor elected by the people? 9. Give some particulars concerning railway charters. 10. What is said of railroads throughout the United States? 11. Mention the closing thoughts concerning the railroad and telegraph. 22 170 HISTORY OF NORTH CAROLINA. CHAPTER XL I. THE COURTS AND BAR. A. D, 1836 TO 1837. There had been many changes effected among the people of North Carolina by the lapse of time, when the year 1836 came in. Bartlett Yancey, the two Drs. Caldwell and Archi- bald Henderson were all dead, and their places filled by other men. Cotton was becoming more and more widely cultivated, and, year by year the value of slave property was becoming increased by reason of the profits realized in the cultivation of this great Southern staple. 2. The Dismal Swamp Canal was at last ready for traffic between the Albemarle country and Norfolk, in the State of Virginia. A change soon came upon the trade of the towns thus connected by a new water-course with the outer world. The dangerous voyages through the inlets and out into the ocean were by degrees abandoned, and almost all direct trade with the West Indies ceased. 3. The Baptist churches of the greater portion of North Carolina, in 1830, formed what they called a "State Conven- tion," and organized for missionary and other purposes. This important movement was soon to result in a great im- provement to those concerned, for out of this combination learned periodicals, new churches and many colleges and schools were to have their origin. 4. Among public men of that day Judge Willie P. Man- gum, of Orange, held a distinguished position. His brilliant eloquence and gracious demeanor secured his election in 1830, THE COURTS AND BAR. 171 over Governor John Owen, to the United States Senate. In this distinguished body he was to remain long and become highly influential. A personal difficulty came near resulting in a duel between these two gentlemen, but it was amicably settled. Governor Owen was no further in public life, except to preside over the convention which nominated Harrison and Tyler for the chief executive offices of the United States in 1840. 5. The accidental burning of the State-House in 1831, was a calamity and inconvenience, but the chief regret was over the loss of the marble statue of Washington. This fine work had been recently received from the famous sculptor, Canova, and was said to be one of his finest productions. 6. Upon the death of Chief Justice Taylor, in 1829, the legal profession mourned for one of its greatest ornaments. Hiss trong native understanding was enhanced by much learn- ing; but in addition to this, he possessed qualities which peculiarly fitted him for framing the practice and precedents of a new tribunal. He was a wise and just man, and well deserved to be called the "Mansfield of North Carolina." 7. Upon Judge Taylor's death, Leonard Henderson became Chief Justice and Judge J. D. Toomer, Associate Justice, Note. — "By a freak of liberality, unusual in those good old days, when the State never spent over ninety thousand dollars a year for all purposes ; when taxes were six cents on the one hundred dollars value of real estate only, and personal property was entirely exempt, the General Assembly had placed in the rotunda a magnificent statue of Washington, of Carrara marble, by the great Canova. It was the pride and boast of the State. Our people remembered with peculiar pleasure that LaFayette had stood at its base and commended the beauty of the carving and the fitness of the honor to the great man, under whom he had served in our war for inde- pendence, and whom he regarded with a passionate and reverential love." —{Hon. Kemp P. Battle, LL. D.) 172 HISTORY OF NORTH CAROLINA. only remained a member of the Court a few months, and having resigned, was succeeded by Thomas Ruffin, of Orange. No one in our history has brought higher judicial qualities to the bench than were seen in Judge Ruffin. Deep learning, wide grasp and luminous statement, were soon to make him respected both at home and abroad. 8. Upon the death of Chief Justice Henderson, in 1833, William Gaston, of Craven, was elected to fill the vacancy. The Court was then composed of Thomas Ruffin, Joseph J. Daniel and William Gaston ; and was unequaled in America as a legal tribunal. Judge Daniel was able, learned and upright; and in Gaston, nature had combined her highest gifts. His Roman Catholic creed was not shared by many people of the State, but such were the purity and usefulness of his life, that no man of his time was more beloved or trusted. 9. The Superior Courts of this period were also presided over by wise and honored judges. Henry Sea well, who had, from humble origin, made himself a powerful advocate in the courts, and had twice been clothed with the judicial ermine, had recently died, and the different circuits were then presided over by Thomas Settle, of Rockingham ; R. M. Saunders, of Wake; John M. Dick, of Guilford; John L. Bailey, of Pasquotank, and Richmond M. Pearson, of Rowan. 10. The Bar of North Carolina was never more respected for the learning and eloquence of its members, than at the period now T reached in this narrative. Gavin Hogg was dead, and Peter Browne, after amassing a large fortune had retired from the practice, and was presiding as Chairman of Wake County Court. Judge Duncan Cameron, after a similar career of success, was content with his farms and position as President of a bank. THE COURTS AND BAR. 173 1837. 11. Judge Badger, B. F. Moore, Thomas Bragg, and W. N. H. Smith were all in full practice before the courts, and were the peers of Iredell, Davie and Archibald Henderson of former days. It is impossible to overestimate the influence for good or evil, which has been and ever will be exerted by the lawyers in a free land. They are the senti- nels and conservators of public liberty, and, next to the clergy, improve or impair the morality of the masses. QUESTIONS. 1. What changes were noticed in North Carolina in 1836? What is said of cotton and slave property ? 2. What great canal had been completed? How did this canal benefit Eastern North Carolina? Point out the Dismal Swamp Canal on the map. 3. What religious convention had been formed in 1830? 4. What public man is now mentioned, and what is said of his abilities? 5. What terrible calamity occurred at Raleigh in 1831 ? What was the cause of special regret ? 6. What mention is made of Chief Justice Taylor ? 7. What changes were made in the Supreme Court? What is said of Judge Thomas Ruffin ? 8. Who succeeded Judge Henderson ? Who composed the Supreme Court in 1833 ? 9. Can you name some of the Judges of the Superior Court ? 10. What is said of the Bar at this period ? 11. How is the influence of lawyers always felt in a community? 174 HISTORY OF NORTH CAROLINA. CHAPTER XLII. ORIGIN OF THE PUBLIC SCHOOLS. A. D. 1837 TO 1840. It will be remembered that in 1767 the first school was incorporated by the Legislature of North Carolina, by the act in favor of the academy at New Bern. In this, and sub- sequent legislation for schools at Edenton and elsewhere, it had been provided that instruction should be furnished only by communicants of the Church of England. 2. When, just previous to the outbreak of the Revolu- tionary war, the founders of the "Queen's Museum," at Charlotte, asked incorporation of the Colonial General As- sembly, it was not granted, for the reason that this institution was Presbyterian, both as to trustees and faculty. Up to that period dissenting ministers had not been allowed any legal recognition, and it was considered a great concession that the Presbyterian clergy were allowed to officiate at marriages. 3. During the Revolution (in 1777), the useful seminary at Charlotte was first legally chartered as "Liberty Hall." It was in no way sustained by or connected with the State, but was to the Presbytery of Orange what Davidson College is now to the Synod of North Carolina, and was sustained solely by the contributions and patronage of private citizens. In- deed, this had been the case all along with the chartered schools of New Bern and Edenton. 4. In 1776, when the Convention at Halifax framed the first Constitution for the State, among the leading ordinances of that instrument was that for the State's active aid to the ORIGIN OF THE PUBLIC SCHOOLS. 1 t 5 education of the people. With this clause in the Constitu- tion they all swore to uphold, the legislators had done nothing so far, except to provide, in 1790, for the establishment of the University at Chapel Hill.* 5. This disregard of their organic law on the part of those constituting the State government, had been deeply regretted by many wise and good men. But only a few had disre- garded the opposition to taxation for popular education. Governors Johnston and Davie in former days, and Judge Murphy and Bartlett Yancey of later times, had been strenu- ous for a larger compliance with the terms of the State Con- stitution, but the time-servers in the Legislature, who were fearful of incurring popular displeasure, had held back ; and thus the masses of the State were each year sinking to a pro- founder depth of ignorance. 6. General Jackson and the Democratic party had opposed the distribution of the proceeds from the sale of national public lands as a fixed rule in the policy of the government, but in his last administration, many millions of dollars had col- lected in the Federal treasury, for which the general gov- ernment had no immediate use. In 1837 this fund was divided out to all the States except Virginia (that Common- wealth refusing her share). North Carolina's proportion amounted to one and a half million dollars. 7. This fund, together with the amounts realized from the sale of swamp lands belonging to the State, and certain shares of bank stock, also the property of North Carolina, was set aside and invested for the benefit of the public schools of the State, and was known as the "School Fund." ^Section 41 of the Halifax Constitution declared that "all useful learn- ing should be duly encouraged and promoted in one or more universities." 176 HISTORY OF NORTH CAROLINA. 8. It was not until the year 1840 that any effective legisla- tion was had for the establishment of the free educational system. By an act of the Legislature of 1836, the Governor and three others, by him to be appointed, were constituted the "Literary Board." In 1839 an act was passed to divide the counties into school districts. It left to each county the option of schools or no schools. It showed considerable advance in popular wisdom, that nearly all the counties decided to have schools and to be taxed for the erection of such buildings as were necessary in the work. 9. Not in the General Assembly alone was the subject of education receiving unusual attention. The Baptists, in 1836, established a high school on the farm of Colonel Caivin Jones, in Wake county. A little later it was changed in name and became Wake Forest College. The Presbyterians, in 1838, founded Davidson College, in Mecklenburg. These denominational institutions were to be noble adjuncts to the University in affording opportunities for liberal culture in our own borders. 10. Thus, at last, the "old-field schools" were superceded and become things of the past. The old fashioned country teacher, who passed from house to house for subsistence, and was wholly dependent upon the feelings or caprices of one or two employers, gradually disappeared as academies and com- mon schools multiplied. 11. The Bingham School in Orange, the Bobbitt School in Granville, and numerous other excellent male academies, were greatly adding to the number of well-informed and useful men. 1840. 12. The Salem Seminary, so widely renowned for the host of cultivated women sent out to every portion of the ORIGIN OF THE PUBLIC SCHOOLS. 177 South, at last found a worthy rival in St. Mary's School. This institution was established at Raleigh, in 1842, under the patronage of Bishop Ives and the Episcopal Diocese of North Carolina. Rev. Dr. Aldert Smedes, who so long presided over its fortunes, must have been singularly fitted for such a place; for in no other institution of America was intellectual training more largely supplemented by the moral and social graces. Note. — The schools referred to in the text were soon re-inforced by the Methodist Female College and the Caldwell Institute at Greensboro. The former of these excellent seminaries, after many vicissitudes, has recently been rebuilt, and is again dispensing blessings to the young ladies of the church to which it is indebted for its foundation. QUESTIONS. 1. What is this chapter about? What laws had been enacted concern- ing education ? 2. Why had incorporation been refused to the "Queen's Museum" ? 3. What is said of the schools at Charlotte and Davidson ? 4. What clause was in the first State Constitution ? How had the in- tent of this clause been carried out? 5. What were some of the views in regard to popular education? What men had advocated the provisions of the Constitution ? G. What addition to the School Fund did North Carolina receive in 1837? 7. How was the fund further increased ? 8. Can you mention the legislation at this period affecting school mat- ters ? O. What denominational schools were founded about this time? 10. What is said of the ''old-field schools"? 11. Where were the Bingham and Bobbitt Schools, and what is said of their usefulness ? 12. What two female schools are mentioned? What is said of St. Mary's School ? 23 178 HISTORY OF NORTH CAROLINA. CHAPTER XLIII. SLAVERY AND SOCIAL DEVELOPMENT. A. D, 1840 TO 1845. When the year of our Lord 1840 had come, peace and prosperity were in all portions of North Carolina. Society was still divided into three classes. These were the white peo- ple, the slaves and the free negroes. The latter class had originated by manumission, and were numerous in some of the eastern counties. They had lost prestige and privilege by the action of the State Convention of 1835. 2. Before that time, they had, by sufferance, been permitted to vote, but as there was no positive law for this habit, in the growing sectional animosities, the free negroes were deemed unfit agents for use of the elective franchise, and they had, therefore, lost this badge of freedom. As oppression ever de- grades the people who submit to it, they, of course, were each year becoming more useless as members of the community. 1842. 3. Many were unthrifty and dishonest, and were considered a great injury to slaves by association. Therefore, they were discriminated against in the legislation of the period. Note.— The Presidential campaign of 1840 was an unusually exciting- one. The Whig nominee, William Henry Harrison, was charged by his opponents as having lived in a " log cabin," with nothing to drink but "hard cider." His friends made good use of these charges. "Hard Cider" be- came a political watch-word, and, in the numerous Whig processions, a "log cabin" on wheels occupied the most prominent and honored position. The "Log Cabin Campaign" will long be remembered. President Harrison died within one month after his inauguration. His last words were, "The principles of the Government; I wish them carried out. I ask nothing more." SLAVERY AND SOCIAL DEVELOPMENT. 179 Virginia and Ohio had both enacted statutes which forbade their access to those borders. North Carolina provided by law that in case of their removal from the State they lost their residence and were forbidden to return. 4. Of course all this was harsh and unjust, but in the heated contest between Southern slave-owners and Northern abolition- ists, the claims of mercy and forbearance were forgotten by those who contended both for property and principle. As the whole colored population, both bond and free, were not per- mitted to testify in courts of justice, except as for or against themselves, where no white person was involved, they were also shorn of legal protection. 5. The slaves also were sufferers by the spirit of the age. The law denied them education lest incendiary documents should reach them from the societies at the North, which were soon to manifest their spirit in the invasion of John Brown. It was seen that slavery and intellectual culture were incom- patible, and therefore not even enough learning was allowed the slave to read the Bible. This fact, added to the further hardship as to marital relations among the slaves, created regret in the minds of many Southern men. 6. These were hard problems for solution. In fact, slavery was inconsistent with all the grand doctrines touching human rights which had been so nobly propounded and exemplified in the new American polity. But human nature has ever prompted men to overlook abstract rights where they conflict with great vested claims to property. No people in the world's history have risen to the height of impoverishing themselves for the benefit of others. 7. The Northern States had sold their slaves rather than free them in their acts of manumission. It was not possible 180 HISTORY OF NORTH CAROLINA. for this to be further repeated by the Commonwealths still retaining the institution ; so, in blind dread of the future and in utter hopelessness of any other solution of their difficulty, except in remaining as they were, the statesmen of the South contented themselves with a simple policy of resistance to change. 1845. 8. Among the white people of North Carolina were found all who participated in the conduct of public affairs. The means of popular education had been too recently adopted to show effects upon the community. In this way the per- centage of ignorance among the whites was lamentably great as compared with other States of the Union. The labors of a few wise men were just being crowned with success and the children of the poor were receiving the rudiments of educa- tion in every portion of the State. 9. In religion, the great mass of the people belonged to churches in the country. These rural congregations, as a gen- eral thing, met on one Saturday and the succeeding Sabbath of each month, to attend the preaching of a minister who often served other churches as pastor the remaining Sundays. Beyond the Sunday-schools and annual protracted meetings, there were no other religious observances except occasional funerals and prayer-meetings at private houses. 10. The ancient balls and horse-races of the eastern coun- ties had, in a large measure, ceased. In the growth of the Methodist and Baptist Churches in that section, such amuse- ments had been so discouraged that festivities of the kind became rare. In the western sections of North Carolina they had never been countenanced by the stern discipline of the Presbyterians. SLAVERY AND SOCIAL DEVELOPMENT. 181 11. It was in this way that the summers become more or less marked by great assemblages in the camp or protracted meetings. They were, to the devout, seasons of religious devotion, but to the young and thoughtless, opportunities for unbounded courtship and social enjoyment. QUESTIONS. 1. What three classes of society existed in North Carolina in 1840 ? 2. What laws had been enacted by the Legislature as affecting free negroes ? 3. Why were these laws passed ? 4. What is said of the condition of the negroes? 5. How had the people been forced to this legislation? How was this state of affairs considered by many Southern men ? 6. What reflections are offered upon the question of slavery ? 7. What had the Northern Slates done with their slaves? How was the South compelled to act ? 8. What educational progress was being made ? 9. What was the condition of religious matters ? 10. What effects were seen from the growth of the churches? 11. What great congregations were found in various places during the summer ? 182 HISTORY OF NORTH CAROLINA. CHAPTER XLIV. THE MEXICAN WAR. A. D. 1845 TO 1847. Governor Dudley was opposed by ex-Governor John Branch, of Halifax, as the candidate of the Democratic party in 1838. Governor Branch had been in the Cabinet of Gen- eral Jackson, and, upon his defeat in this contest, retired from public life in North Carolina to assume the appointment of territorial Governor of Florida. In the gubernatorial con- test, two years later, John Motley Morehead, of Guilford, as the nominee of the Whigs, likewise defeated the Democratic leader, Judge Romulus M. Saunders. 2. They were both men of large natural endowments, and have never been surpassed in the vigor of their debates before the people. They were both educated at Chapel Hill, and were types of the ablest Southern men of their day. Con- tent with the results of moderate acquirements in their pro- fession as lawyers, and with small regard for mere literary or artistic attainments, they read the newspapers and the law touching some case before them, and were satisfied in the bestowal of their remaining hours upon mere business and social employment. 3. In this way there remain so few memorials of the public men of North Carolina and other Southern States. Beyond a speech reported in the Congressional debates, a legal decision in the Supreme Court, or an address at some college com- mencement, their record as officials and traditions of the past alone survive to inform the present generation as to what man- THE MEXICAN WAR. 183 ber of men they were. Judge Saunders made a high reputa- tion as a member of Congress ; and Governor Morehead so grew in favor that eloquent Lewis D. Henry, who opposed his re-election, was also defeated by a considerable majority. 4. In the deaths of Judges Gaston and Daniel of the Supreme Court, and of Lewis Williams, who had for so many years served as a member of Congress, there was deep sor- row in all the State. These were aged men, and there was a keener pang at the early demise of Michael Hoke, of Lincoln. He had just concluded a brilliant canvass against William A. Graham, of Orange, for the office of Governor, and the double disaster of defeat and death was deeply commiserated, even by his late antagonists of the Whig party. 1844. 5. This election of Governor Graham was to mark a new era in the development of the State. He was the son of General Joseph Graham, of the Revolution, and inherited many of his virtues. No public man in the history of the State has brought closer application or a higher elevation to his duties. Like Richard Caswell and Nathaniel Macon, his hold upon the public affections was never lost, and to the day of his death he was "first in the hearts of his countrymen" of North Carolina. 6. The election of Mr. Polk over Henry Clay, in the Presi- dential campaign of 1844, was ominous of war with the Mexi- can Republic. The infatuated people of that country resented the annexation of Texas; and many men of North Carolina were sorely tried that the Democratic policy had thus resulted in actual hostilities with a neighboring power. For this rea- son there was not the usual alacrity seen in the enlistment of volunteers for the army of the United States. 7. The President of the United States was a native of North Carolina and had been educated at Chapel Hill. His gracious 184 . HISTORY OF NORTH CAROLINA. visit to the University during his term of office was highly appreciated and largely redounded to the honor of that ancient institution.* 1846. 8. A regiment of North Carolina volunteers was sent to Mexico under Colonel Robert Trent Paine, of Chowan. It was stationed on the lines of communication, but was not actively engaged in any of the battles. Two companies of North Carolina troops, under Captains W. J. Clarke and Charles R. Jones, were mustered into the Twelfth Regiment United States Infantry, and did valiant service in the battle at National Bridge. 9. Louis D. Wilson, of Edgecombe, had been Captain of Company A, in Colonel Paine's regiment. He was promoted to Major and assigned to duty in the Twelfth United States Infantry. He died on duty in Mexico, and left his estate to the benefit of the poor of his native county. 10. Captain Braxton Bragg gained great credit for his con- duct at the battle of Buena Vista (Bwa'nah Vees'tah), where, with a single battery of light artillery, he resisted the attack of a large force upon General Taylor's left flank, and thus prevented a movement that would otherwise have caused the *Note. — James K. Polk was born in Mecklenburg county in 1795, and died in 1849. "The announcement of Mr. Polk's nomination was the first news ever sent by magnetic telegraph. It was transmitted from Baltimore to Wash- ington, May 29, 1844, over a line built with §30,000 appropriated by Con- gress to test Professor Morse's invention. This was the grandest event of this administration, and it has largely influenced the civilization and pros- perity of this country." — (Barnes' History of the United States.) By a singular coincidence, the author of this North Carolina History was in the telegraph office at Baltimore when this news was sent. THE MEXICAN WAK. 185 immediate retreat and probable destruction of the American army.* 11. Major Samuel McRee, of Wilmington, rendered valua- ble service as Chief Quartermaster in the army under Gen- eral Seott. Captain J. H. K. Burgwinn, of the First United States Dragoons, died of his wounds at Taos (Ta'os). Lieu- tenant James G. Martin lost an arm and gained a brevet at Churubusco (Choo-roo-boos'ko). Captains F. H. Holmes and Gabriel Rains, and Lieutenant T. T. Bryan, all gave valua- ble and recognized service in the two columns under Generals Scott and Taylor. *The smoke was so dense in this action that Captain Bragg was ahle to place his battery within fifty yards of the advancing column. He gave the foe a round of double canister, which opened great gaps in their ranks. They staggered and recoiled under this murderous fire. When the delighted American commander saw that the battle was won, he arose in his stirrups and joyfully shouted : "Give them a little more grape, Captain Bragg." QUESTIONS. 1. What period have we now reached ? Who were Governors at this time? What is said of Governor John Branch? 2. What mention is made of the candidates for Governor in 1840? 3. What records have we of North Carolina's public men? 4. What deaths of prominent men occurred about this period? 5. What Governor was elected in 1834? How was he beloved in the State? 6. What troubles arose in national matters on the election of James K. Polk? 7. Of what State was President Polk a native? What is said of his visit to the University? 8. Can you mention the North Carolina troops sent to Mexico, and their commanders? 9. Tell something of Major Louis D. Wilson ? 10. What valiant officer was with General Taylor at Beuna Vista? Give an account of his timely aid to the American army. 11. What other North Carolina officers are spoken of? 24 186 HISTORY OF NORTH CAROLINA. CHAPTER XLV. THE NORTH CAROLINA RAILWAY AND THE ASYLUMS. A. D. 1848. No single year in human records has been more prolific of change and social advancement than that which witnessed the overthrow of King Louis Phillipe [Loo'e Fe-leep') in France, and the general upheaval of all Europe. It seemed that the spirits of the sixteenth century had revisited the earth, and that men were everywhere resolved on revolution or amend- ment. 1848. 2- North Carolina formed no exception to this gen- eral impulse of Christendom. A wise and patriotic disregard of old sectional and party traditions first led to the assump- tion by the State of a controlling part in the great work of internal improvement. The railroads that had been pre- viously constructed from different points to Roanoke River, were all in a deplorable condition. 3. The Raleigh and Gaston route was so decayed and impaired in its equipments that a whole day was consumed in the passage of a mail train over the eighty miles traversed. The Seaboard route to Portmouth, Virginia, was prostrate and out of use. While the Wilmington Road was in somewhat better plight, it was still served by feeble engines, which drew a few 7 trains slowly along the track ironed no more heavily than the wheels of a six-horse wagon. 4. The additional fact that no railway went further west than the village of Raleigh, also prevented the accumulation of such travel and traffic as to repay the outlay of construe- THE RAILROADS AND ASYLUMS. 187 tion and equipment. The Wilmington Road furnished the oreat route between the North and South, and in this way won richer returns than lines leading to the interior. 5. The long-deferred hopes of Western Carolina were at last to begin the process of fulfillment. Ex-Governor More- head and others besought the Legislature for the State's aid in a great line which should connect Charlotte, Greensboro, Raleigh and Goldsboro. This was to be called the "North Carolina Railroad," and embraced two hundred and forty miles of track. This line, extended from Goldsboro to Beau- fort, was to foster and create a North Carolina port. 6. Eastern men, as a general thing, opposed this bill, but it was earnestly supported by William S. Ashe, of New Hano- ver, and others, in the House of Representatives ; and, having passed that body, it was sent to the Senate. The vote in the upper House resulted in a tie. Calvin Graves, of Caswell, was President. He had been a life-long Democrat, and knew that the people of his county were opposed to the State's aid- ing the proposed road, but he nobly discharged what he thought to be his duty, and, by his casting vote, the bill became a law. 7. This great step in building up the material prosperity of the Commonwealth did not satisfy the desires of this memo- rable Assembly. Measures that had been adopted at the pre- vious session for the establishment of an institution for the education of the deaf, dumb and the blind children of the State were perfected; and, at the earnest solicitation of Miss Dorothea Dix, of New York, a further appropriation was made for the erection of a hospital for the insane.* *Miss Dix devoted her life to the amelioration of this unfortunate class of people. In North Carolina, as generally in the Repultlic, there had 188 HISTORY OF NORTH CAROLINA. 8. North Carolina was in this way filling out the measure of her civilization and humanity. As in their highways is to be found the truest test of any people's real material advance- ment, so, in thus providing for the safety and comfort of the unfortunate and helpless, was the complement of social amenity. It was an instance of the highest and purest legis- lative wisdom and far removed from the lower atmosphere of mere political enactments. 9. In this memorable session of 1848-'49, a still further exemplification of the wisdom of the North Carolina Legis- lature was seen in their statute for the protection of married women. Before that time the husband had acquired, by virtue of his marriage, title to the whole of his wife's estate, both real and personal. He not only could, by law, restrain her personal liberty, but he could also, without her consent, sell whatever property had been hers, either before or after matri- monial relations were established. 10. The statute of this year provided that the wife's lands should not be subject to sale by the husband without her full and free consent and joinder in the conveyance. This was to be attested by a lawful examination and certificate appended to the deed conveying such lands. 11. Therefore, again, was the advanced humanity of the age attested in this legal supervision of another defenceless portion of the community. It was, ere long, to be further seen that been no better disposition of lunatics than their confinement in the loath- some dungeons of county jails. Numbers who might have been restored to reason and usefulness were, in this way, condemned to the horrors of perpetual insanity. Instead of the comforts, kindness and restoration now to be found in the admirable management of Dr. Grissom, the poor lunatic lay in chains in the murderer's cell and howled out his life amid the dark- ness and foetid exhalations of the hell to which he was doomed. THE RAILROADS AND ASYLUMS. 189 the ancient English rules allowing the husband the right of personal chastisement were also to be abolished, and in larger humanity was this other badge of inferiority numbered among the things of the past. 12. There have been periods in the history of all commu- nities that times of extraordinary development are witnessed. The overthrow of one ancient abuse leads to the correction of another; and thus, in the awakened sympathies of the hour, the usual supineness and indifference of men as to needed reformations give way to a new and higher humanity. QUESTIONS. I. What is this lesson about? What is said of the period now reached ? ii. How was North Carolina feeling the general impulse of improve- ment? 3. In what condition were the railroads? 4. How far west were the railroads leading? Which of the roads was obtaining most travel? 5. What important railway is now mentioned? What was to be its extent? 6. Can you describe the passage of the "Kailroad Bill" through the Legislature? 7. What charitable institutions were provided for at this session ? Through whose instrumentality was the appropriation made for the Insane Asylum? 8. What is said of these internal improvements? 9. What other important law was enacted at this session? Can you tell something of the rights of married women previous to this time? 10. What were the provisions of the new law? II. What was indicated by these acts of the State? 12. What reflections are made upon this era? 190 HISTORY OF NORTH CAROLINA. CHAPTER XLYI. A SPECTRE OF THE PAST REAPPEARS. A. D, 1849 TO 1852. The female seminaries of Salem, Raleigh and Greensboro were supplemented, in 1848, in the establishment, by the Chowan and Portsmouth Baptist Associations, of another female school of high grade at Murfreesboro. This useful and popular institution was to acquire great reputation, and attract support from many of the Southern States. The Uni- versity, Wake Forest and Davidson Colleges were all finding larger appreciation and growing in the number of their stu- dents, as many were leaving Northern institutions and obtain- ing education nearer their homes. 2. Governor Morehead had been followed in office as Chief Magistrate by a man of equal usefulness in the person of Wil- liam A. Graham, of Orange. In the United States Senate, Judges Mangum and Badger were among the foremost men of the Republic, and brought honor on North Carolina and themselves by the wisdom of their service. 3. In the House of Representatives, Colonel James J. McKay, of Bladen, had long been recognized as one of the leading men of the House, and was chairman of the Com- mittee on Ways and Means. Messrs. Kenneth Rayner and Thomas L. Clingman were even more eloquent; and the latter was a statesman who brought a degree of devotion and learn- ing to his discharge of duty which has perhaps never been surpassed by any man yet delegated by the State. 1849. 4. At the expiration of Governor Graham's term of office, Charles Manly, of Wake, became Governor. The A SPECTEE OF THE PAST REAPPEARS. 11)1 people of the State grew excited in the contest between Messrs. Manly and Reid over the Democratic proposition to abolish the free-hold qualification of voters for State Senators. It had been, ever since 1776, necessary for a man to possess fifty acres of land to be entitled to this franchise. It was now pro- posed to allow all white men the privilege of suffrage. 5. Upon the election of General Taylor as President of the United States, Mr. Polk retired to private life, and soon died at Nashville, Tennessee. He was a pure and laborious man, but was not the equal of Andrew Jackson in those great natu- ral gifts which immortalized the hero of New Orleans (New Or'le-ans). 6. Upon the cessation of war with Mexico, it had been agreed in the treaty of peace that upon the payment of a large sum of money, Upper California should, with other Mexican territory, belong to the United States. The discovery of immense deposits of gold on the Pacific coast led to such immigration that, in 1850, California was applying for admis- sion as a State into the Union. 7. Again the spectre of coming strife and bloodshed was seen in the renewal of the struggle over the question of free- dom or slavery in this new sister in the galaxy of States. Southern men, like Henry Clay, thought that the whole sub- ject had been settled in 1821, when, by the Missouri Compro- mise, it had been ordained that involuntary servitude should not obtain north of the geographical line 36° 30' north lati- tude. 1851. 8. It was understood, as the bulk of Federal ter- ritory lay north of this parallel, that the fragment south would therefore become slave-holding. But they were told that the inhibition alone was effective, and that no such con- 192 HISTORY OF NORTH CAROLINA. verse right was intended to be conveyed as that contended for by the men of the South. The most logical of these men said that Congress had exceeded its powers in the enactment mentioned, and that no power could settle the question but the people of the new State. 9. It was seen that "Wilmot's Proviso/' excluding slavery from all future States, was the fixed determination of the Northern people. So, after a protracted and bitter struggle, Mr. Clay, as the last service of a long and illustrious life, procured the passage of the compromise in which the only concession by Northern men was the " Fugitive Slave Law." 10. This statute provided that Federal courts and officers should arrest and return to their owners such slaves as should be found absconding in the different States of the Union, whether free or slave-holding. It was greeted by a prodigious outcry from the Northern press and people. They determined that this national law should not be executed, and the differ- ent legislatures of the free States began their enactment of personal liberty laws, which made it penal to aid in carrying out the law of Congress. 11. The white people of the South were exasperated and disheartened at such manifestations. They said that it was a plain violation of -their constitutional rights, and many became convinced that the Federal Union had ceased to be beneficial to the South. To meet this state of affairs it was recom- mended that the Southern States should leave the Union by secession. 12. Very few men or women reached such a conclusion at that time in North Carolina. It was generally thought best to appeal to the sober second thoughts of the North and await calmer councils. It was a hard measure of justice to expect A SPECTRE OF THE I "AST REAPPEABS. 193 a people to surrender so much prejudice and property at once; and thus the breach widened between the contending sections. QUESTIONS. 1. What educational institutions are mentioned? 2. Who was Governor in 1848? What two men were distinguished in the United States Senate? 3. Who were the representative men in the House? 4. Who succeeded Governor Graham in 1850? What proposition was agitating the people? 5. Who succeeded Mr. Polk as President of the United States? What is said of President Polk? G. What events were occurring in the West ? 7. What spectre of the past reappears? Relate the circumstances? 8. In what condition was the question now seen? 9. What is said of the " Wilmot Proviso" and "Fugitive Slave Law"? 10. What was the "Fugitive Slave Law"? How did the North legis- late against this law of Congress ? 11. How was the South affected by these troubles? 12. What was North Carolina's course in the matter? 25 194 HISTORY OF NORTH CAROLINA. CHAPTER XLVII. THE SOCIAL AND POLITICAL STATUS. A, D. 1852 TO 1859. The election of General Franklin Pierce to the Presidency, in 1852, was considered by many as a rebuke to those who had been so clamorous in the North against the compromise of 1851. He was a warm supporter of the rights of the indi- vidual States, and the knowledge of this fact brought repose to the minds of Southern men. North Carolina had just entered upon a wise development of her material resources, and, with her recent erection of public charities, was attaining a higher plane of social benefactions than had ever been wit- nessed before. 2. The adoption of the free suffrage change in the State Constitution, the completion of the great central railway, the opening of the asylums and the large addition to the number of schools, only continued the evidence of a wide-spread pros- perity. Capitalists, for the first time, began to invest their wealth in cotton and woolen factories. Great attention was given by the public press and the stump orators to the mineral resources of the Commonwealth.* *The erection of the office of Superintendent of Common Schools, in 1853, and the appointment of Calvin H. Wiley, of Guilford, to that position marked an extraordinary advance in the matter of popular education. Mr. Wiley soon evinced so much discretion and devotion to his duties that his propositions of improvement were adopted, and his views and wishes soon became those of the State government. The same year was further signal- ized by the Normal School, under charge of Mr. Craven, being empowered THE SOCIAL AND POLITICAL STATUS. 195 3. With the new lines of railroad and the restoration of the old routes, there was a large advance in the value of real estate and in the amount of productions sent abroad. The use of Peruvian Guano and other concentrated fertilizers was only being introduced, but the example of Edgecombe county in the use of native compost heaps was spreading in every direc- tion and immensely adding to the yield of exhausted fields. 4. It was a notable thing in the political history of the country, that, in the Presidential contest of 1852, both the candidates for Vice-President, of the Whig and Democratic parties, were born in North Carolina and educated at Chapel Hill. Ex-Governor William R. King, then of Alabama, was chosen over ex-Governor Graham, who had been Secre- tary of the Navy in the Cabinet of President Fillmore. 5. The churches were prospering under their large benefac- tions to education. A larger culture was coming to those who filled the pulpits at home, and devoted men like Dr. Matthew T. Yates, were going to heathen lands to devote their lives to the good of other races. The Episcopal Church had abundant compensation in the wisdom and virtues of Bishop Atkinson, for the loss of Bishop Ives, upon his leaving that communion for the Church of Rome. The great slavery controversy was bringing trouble and division to the Baptists and Methodists, and thus, not only statesmen and politicians, but ministers of the Gospel were also set at variance. 1854. 6. From Massachusetts was sent, at this period, a new and startling impulse to the pulpits and hustings of the by the Legislature to grant literary degrees and the assumption of the full dignities of a college. After nearly thirty years of usefulness, this institu- tion, now known as Trinity College, is still accomplishing great good under the auspices of the Methodists of the State. 196 HISTORY OF NORTH CAROLINA. land. It had been the peculiar glory of the American people that they were the originators of the great doctrine and prac- tice of religious liberty. A new party, calling themselves the "Know-Nothings," had carried that State and were proclaim- ing their opposition to all Catholics as public officers.* 7. This was to prove a short-lived and pernicious movement. It not only contravened the noblest American precedents, but at once combined all the ends and fragments of parties which had previously opposed the great organization that had been led by Jefferson and Jackson. Besides their hostility to the Roman Catholic religion, they inculcated one other principle. This was opposition to the naturalization of foreign immi- grants until after a residence of twenty-one years within the borders of the United States. 8. The success of this new party ended in the Virginia campaign between Governor Wise and T. S. Flournoy, and it was succeeded in the North by yet another political organiza- tion called the "Republicans." It was the outgrowth of the famous controversy in Congress over the passage of the " Kan- sas-Nebraska Bill." 1855. 9. This statute was, in effect, but a continuance of the legislation in regard to California, and amounted to little beyond transferring the question of slave or free territory from Congress to the new States ; but it was resented by the masses of the Northern States as an unholy violation of good faith plighted in the passage of the Missouri Compromise. It was to prove as fatal as was the Grecian horse to ancient Troy, and in its success was pealed the death-knell of slavery. 10. Amid the discord and bloodshed, brought on by this new scheme of Judge Stephen A. Douglas, of Illinois, it was *The "Know-Nothings" were also called the "American Party," and their motto was "America for Americans." THE SOCIAL AND POLITICAL STATUS. 197 soon seen that by another claim of power for settlers in terri- tories, called "Squatter Sovereignty," there was to be neither protection to Southern immigrants in removing with their property, nor any prospect of a fair solution of a vexed question. 1858. 1 1 • More in sorrow than anger, the people of North Carolina listened to the echoes of " Bleeding Kansas." While other States were despairing of further peace and protection in the Union, and were slowly maturing schemes for dissolv- ing all political connection with the Federal Government, the Old North State had not yet become hopeless of the Republic. 12. The people, whose forefathers had done and suffered so much to establish the Union, were unwilling to disturb the relations that had produced so much peace and happiness in the past. They were blessed with all the material elements of prosperity, and, with pain and distrust, took thought of what was too soon to occur. Note. — On June 27th, 1857, an event occurred in North Carolina which brought sadness to the whole State. Rev. Elisha Mitchell, D. D., while making researches and surveys upon Black Mountain, in the darkness of night lost his way and fell over a very steep precipice and water-fall, and was killed. His remains were found, eleven days after the accident, in a pool of clear water at the foot of the water-fall. They are now resting on the highest point of the mountain, and the spot is known as "Mitchell's Peak." Dr. Mitchell found, by measurement, that the Black Mountain was the highest point of land east of the Eocky Mountains. "Mitchell's Peak" is 6,672 feet above the level of the sea, and 244 feet higher than Mount Washington, in New Hampshire. QUESTIONS. 1. Of what does this chapter treat? How was the election of President Pierce considered? What was the condition of North Carolina? 2. What is said of the internal improvements? 3. How was the value of lands being greatly increased? 198 HISTORY OF NORTH CAROLINA. 4. What is said of the Presidential contest of 1852? What two candi- dates were from North Carolina? 5. In what condition were religious matters? Which religious denomi- nations were being affected by the question of slavery? 6. What new party was organized in Massachusetts? What was the main policy of the "Know-Nothings"? 7. What else is said of that new party? 8. How did the "Know-Nothings" terminate? Who were the suc- cessors? 9. What is said of the "Kansas-Nebraska Bill"? How were the peo- ple affected by it? 10. How was the South to be affected by "Squatter Sovereignty"? 11. How was North Carolina acting under the national troubles? 12. How was the past and future viewed by the people of this State? PRESIDENT LINCOLN AND THE WAR. 199 CHAPTER XLYIII. PRESIDENT LINCOLN AND THE WAR. A. D. 1860 TO 1861. After the defeat of Charles Manly by David S. Reid, of Rockingham, for Governor in 1851, the Democrats had been gaining in strength in each succeeding election. Under the wise and moderate counsels of Governor Bragg, they were put in possession of every branch of the State government. Messrs. Mangum and Badger were succeeded by Governor Reid and Colonel Asa Biggs, of Martin, as United States Senators; and when, in 1858, another Governor was to be chosen, both Judge John W. Ellis, of Rowan, and his com- petitor, Duncan K. McRae, of Cumberland, claimed to be defenders of the Democratic faith.* 1860. 2. After seventy years of party struggles touching the relations of the General Government to the individual States, the Presidential contest of 1860 opened with such notes of violence and public confusion, that it was at once seen that the supreme crisis had come at last. 3. The only issue before the American people was that of slavery in the Territories. The Democrats were divided into two fragments. Those supporting Judge Douglas for the Presidency advocated " Squatter Sovereignty." The Breckin- *In the grave national emergency of the Presidential election of 1860, the contest between Governor Ellis and John Pool was still more exciting, from the fact of a dangerous innovation proposed by the supporters of Mr. Pool, in what was called the ad valorem scheme of taxation. It caused great excitement among slave-owners, and was denounced as the first step toward abolition of slavery. 200 HISTORY OF NORTH CAROLINA. ridge men said that the question of slavery should only be settled as to the new States at their constitutional conventions; while Republicans, supporting Abraham Lincoln, proclaimed that only the enactment of the "Wilmot Proviso" would satisfy them. Messrs. Bell and Everett and their party were silent on all these stormy differences, and were not of much significance in the general upheaval. 4. It was seen at an early period of the contest, that the bulk of the Southern people would be found supporting Breckinridge and Lane.* It was generally held in all the slave-holding States, that the election of Mr. Lincoln would be significant of a purpose among Northern men to disregard their rights, and that the inauguration of the abolition policy by the Federal officers would compel and justify the secession of the Southern States from the Union. 5. When, in November, 1860, it was known that the Republicans had triumphed in the national election, and that Abraham Lincoln was chosen President of the United States by a majority of the electors in the different State electoral colleges, then it was realized that the extreme Southern States would, at an early period, sever their connection with the gov- ernment at Washington. North Carolina and the other border slave States were unwilling to follow in such a course, until some overt act of interference on the part of jthe Federal authorities with the States should justify such extreme measures. * Joseph Lane was born in Buncombe county in this State, and was the cousin of Colonel el Lane, who once owned the lands upon which Raleigh was bir 1 * ie had served gallantly as a Brigadier General in Mexico, after' in Congress and as Governor of Oregon, but was of limited caj c d attainments. PRESIDENT LINCOLN AND THE WAR. 201 1861. 6. South Carolina and others were unwilling to abide such a policy. They said that protection of their property would be impossible in the Union, and therefore, before the inauguration of President Lincoln, on March 4th, 1861, seven States had assembled conventions, and by ordinance declared the ties formerly binding them to the Republic of the United States as null and void. 7. North Carolina refused to join in such a movement until, in April, the President, in consequence of the attack upon and capture of Fort Sumter, required of Governor Ellis his State's proportion of an army of seventy-five thousand men, which was to be used in the coercion of the recusant States. The demand made upon Governor Ellis was refused; and, upon his recommendation, twenty thousand volunteers were asked for by the General Assembly to sustain North Carolina in such a course as should be determined on by a Constitutional Convention. 8. This State Convention was called by the Legislature, and met on the 20th day of May, 1861, in the hall of the House of Commons. On this anniversary of the Mecklenburg Decla- ration the Ordinance of Secession was passed, and North Caro- lina made haste to connect herself with the "Confederate States of America."* *The Ordinance of Secession was as follows: "an ordinance dissolving the union between the state of north carolina and the other states united with her under the compact of government entitled 'the constitution of the united states.' " We, the people of the State of North Carolina, in Convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by the State of North Carolina in the Convention [ \f)% whereby the Constitution of the United States was ratified and aa ' k 1 and also 26 202 HISTORY OF NORTH CAROLINA. 9. Many good people had hoped and prayed that the troubles between the North and South would be peaceably arranged ; but all hope of such a blessing was now lost and the whole Commonwealth resounded with the notes of prepa- ration for the war. In every county men pressed forward by thousands to enlist for the defence of the cause the State had so lately and deliberately adopted. 10. Governor John W. Ellis was in the last stages of hope- less disease, but, with great resolution, addressed himself to the discharge of the onerous duties of his station until his death, on June 9th, 1861. He was succeeded by Colonel Henry Toole Clark, of Edgecombe, who became Governor of the State by virtue of his office as President of the Senate. 11. Colonel John F. Hoke, of Lincoln, was succeeded as Adjutant General by James G. Martin, of Pasquotank, late a Major in the army of the United States. The forts, Macon and Caswell, were seized, as was also the Federal arsenal at Fayetteville ; and, in this way, fifty-seven thousand stand of small fire-arms and a considerable store of cannon and ammu- nition were secured. 12. After many years of peace and prosperity, the people of North Carolina were once again to exhibit their devotion to what they believed it was their duty to uphold. In the first Revolution they had contributed twenty-two thousand all acts and parts of acts of the General Assembly ratifying and adopting amendments to the said Constitution, are hereby repealed, rescinded and abrogated. " We do further declare and ordain, That the Union now subsisting between the State of North Carolina and the other States, under the title of 'The United States of America,' is hereby dissolved, and that the State of North Carolina is in full possession and exercise of all those rights of sovereignty which belong and appertain to a free and independent State." PRESIDENT LINCOLN AND THE WAR. 203 nine hundred and ten men to the defence of the United colo- nies; in this second upheaval more than twelve myriads crowded to the fray, and grew famous on more than a hundred fields for their patient valor and loyal obedience to North Carolina and the Confederate States. QUESTIONS. 1. What political changes were seen in North Carolina at this time? 2. How was the Presidential contest of 1861 viewed ? 3. What was the issue in the contest? Who were the candidates, and what were their platforms? 4. To whom were most of the Southern people giving support ? How did they view the probable election of Abraham Lincoln? 5. Who was elected? What did some of the Southern States intend to do? What was North Carolina's position? 6. What occurred before the inauguration of Mr. Lincoln? 7. What hastened the secession of North Carolina? What did Gov- ernor Ellis ask of the General Assembly? 8. When did North Carolina leave the Union? What is said of the State? 9. What had been the hope of many of our people? How was the news of secession received? 10. What occurred on June 9th? Who succeeded Governor Ellis? 11. What seizures were made by North Carolina authorities? 12. What are the thoughts upon this period? 204 HISTORY OF NORTH CAROLINA. CHAPTER XLIX. THE WAR BETWEEN THE STATES. A. D, 1861. No people ever occupied a more painful or embarrassing position than the North Carolinians of 1861. They loved the Union of States that had been in part constructed by the heroism and wisdom of their own fathers. They well knew its value to themselves, also the danger incurred in the attempt to absolve themselves from further Federal connections. But they said that, as they had entered the Union by action of a convention of their own people, they would now leave it in the same manner, sooner than aid in the subjugation of their friends of the seceded States. 2. Even before the memorable 20th day of May, 1861, when the secession ordinance was passed, troops were volun- teering and being received by Governor Ellis from many por- tions of the State. The first ten companies were embodied in a regiment, of which Major Daniel H. Hill was elected Colo- nel by the commissioned officers. They were at once sent to Yorktown, in Virginia. 3. On June 9th, General Benjamin F. Butler, who was in command of the United States forces at Fortress Monroe, in Virginia, sent a column of troops up the Peninsula for the purpose of ascertaining the possibility of reaching Richmond, which city had recently become the Capital of the Southern Confederacy. Early the next morning the Federal advance became confused in the darkness and two of their regiments fired upon each other. THE WAR BETWEEN THE STATES. 205 4. At Big Bethel, on the 10th, they found the regiment of Colonel Hill, supporting a battery of the Richmond Howitzers. There were also present two infantry and three cavalry com- panies belonging to Virginia. This force was assailed by the Federal army, but the attaek was repelled and the assailants retired in disorder to Old Point Comfort. Only one Confed- erate soldier was killed in the action, and that was private Henry Wyatt, of Edgecombe county. He belonged to Cap- tain J. L. Bridgers' company, and was the first Southern soldier slain in the war between the States. 5. The whole affair was insignificant, both as to the num- bers engaged and the results achieved, but was hailed as a happy omen by the South. North Carolina, with all her deliberation in taking part in the struggle, was thus to afford the first martyr of the South, and was present with her troops to arrest the first Federal invasion of Southern soil. 6. In the early days of July occurred a much greater and more serious conflict. This was at Manassas, or Bull Run, also in Virginia. Another Federal army, commanded by General Irvin McDowell, and numbering more than forty thousand men, left Washington with orders to attack the Con- federates under General G. T. Beauregard (Bo'reh-gard.) The Fifth, Sixth and Twenty-first Regiments of North Caro- lina were the only troops of the State present, but they gal- lantly aided in the Federal defeat. 7. Colonel Charles F. Fisher was especially valuable in the aid he rendered in restoring a ditched train to the track, and thus making possible the approach of the re-inforcements under General E. Kirby Smith, which so speedily resulted in the flight of General McDowell's army. It is mournful to add, that, after performing this signal service, Colonel Fisher was slain in the battle. 206 HISTORY OF NORTH CAROLINA. 8. This memorable engagement proved but little except the desperate valor to be found in raw levies of troops from the South. The generalship on both sides was feeble, and while the victory filled the whole Confederacy with the wildest exul- tation, the baffled and gloomy men of the North only the more sternly resolved to effect by numbers and wealth what was wanting to crush their daring and exultant foemen. 9. It had been hoped by Mr. Lincoln and his advisers that all Southern opposition would be overcome in ninety days, but at Bull Run they were convinced that only by a great and prolonged struggle were such adversaries to be subdued. The short periods of enlistment were abandoned by both sides, and the winter was spent in preparation for a gigantic struggle in the spring. 10. It was early seen in North Carolina that fortifications were necessary at Hatteras for the defence of the many broad waters covering so large a portion of the Eastern counties. A small sand-work, known as Fort Hatteras, with an outlying flank defence, called Battery Clark, was the only reliance for the protection of Albemarle and Pamlico (Pam'li-co) Sounds. 11. Before these weak defences a large Federal fleet appeared on August 27th, 1861, and by means of its superior armament, lay securely beyond the range of the guns mounted in Fort Hatteras, while pouring in a tremendous discharge of shot and shell. The Federals, having effected a landing on the beach, and most of the cannon being dismounted in the fort, it was thought best by Colonel W. F. Martin, on the 29th, to surrender the fort. 12. Therefore, in two days' operations the whole tier of Eastern counties was laid bare to the incursions of Federal troops and cruisers. There was great sorrow for the captured WAR BETWEEN THE STATES. 207 garrison, and general alarm and uneasiness; but the spirit of resistance was undaunted, and troops continued volunteering by thousands to defend the cause which North Carolina had made her own. QUESTIONS. 1. What is the subject of this lesson? How did the North Carolinians consider their departure from the Union? 2. What preparations for war were made by the State, even before seces- sion ? Who commanded the First Regiment? 3. Relate General Butler's exploit. 4. Give an account of the battle of Big Bethel. What Confederate soldier was slain? 5. What is said of this event? 6. Where were North Carolina troops next engaged in battle? 7. What signal aid was rendered by Colonel Charles F. Fisher? 8. What were the effects of this victory? 9. What did Mr. Lincoln learn from these battles? 10. At what point on the North Carolina coast were fortifications spe cially needed? 11. Describe the Federal attack on Fort Hatteras. Point out Hatteras on the map. 12. What was the result of the fall of Hatteras? 208 HISTORY OF NORTH CAROLINA. CHAPTER L. THE COMBAT DEEPENS. A, D. 1862. 1862. The most noted trait in the people of North Caro- lina has ever been their magnanimous devotion to obligations assumed in regard to other communities. In the war of the first Revolution, as again in 1812, the State was nearly always left with a small proportion of her own levies to defend the home of their birth. When the spring opened in 1862, though fully forty thousand men of the State were under arms, they were to be found in Virginia and South Carolina, except a small force left at Wilmington and Roanoke Island. 2. At the latter point was the only hope of defence for Albemarle Sound and the many rivers flowing therein. To defend it, General Henry A. Wise was sent with a small force to be added to the Eighth and Thirty-first Regiments of North Carolina Volunteers. He was sick, on February 7th, 1862, when General Burnside, with a great fleet and fifteen thousand Federal troops, sailed up Croatan Sound and began the attack. 3. Colonel Henry M. Shaw, of the Eighth North Carolina Regiment, was in command, and made a gallant but unavailing defence. The Federals landed and moved up the island in the rear of the forts which had been constructed to prevent the passage of vessels to the west of the defences. The only recourse left was to abandon the lower batteries and concen- trate the Southern troops at a point near the centre of Roan- oke Island. THE COMBAT DEEPENS. 209 4. It was hoped that morasses, indenting both shores and leaving a narrow isthmus, would enable the small Confederate force to defend that position ; but the bravery and enterprise of the men in blue enabled them to turn both Hanks, and nothing was left Colonel Shaw and his command but to fall back to the northern end of the island and there lay down their arms. 5. The battle had been bravely fought for two days, and the two thousand Confederate prisoners and their gallant leader became captives after inflicting heavy loss upon the assailants. The place was untenable against superior naval appliances, and quite men enough were sacrificed in view of the impossibility of preventing its isolation by Federal fleets. 6. Very different were the defensive capacities of the city of New Bern. It was immediately foreseen that this impor- tant place would be next assailed, and with enough troops it would have been any easy feat to have held it indefinitely. The Confederate authorities again left its defence to General L. O'B. Branch, who had no experience in military affairs; and in his command was not a single regiment that had been under fire. On March 14th, General Burnside, with the army and fleet so lately the victors at Roanoke, moved to attack the forts which had been constructed just below the junction of Neuse and Trent Rivers. 7. General Branch had in his command the Seventh, Twenty-sixth, Twenty-seventh^ Thirty-third and Thirty-fifth North Carolina Regiments, a portion of the Nineteenth (cav- alry) with Brem's and Latham's light batteries and a small force of militia. These were disposed along a line stretching from Fort Thompson, on Neuse River, across the railroad to 27 210 HISTORY OF NORTH CAROLINA. an impassable swamp, which afforded abundant protection to his left flank. 8. The battle began at seven o'clock in the morning and raged until noon. The Federal attacks were repeatedly repelled until, by the fatal flight of the militia in the centre, the Confederate lines were broken and a precipitate retreat ensued. General Branch lost two hundred prisoners and seventy men killed and wounded; and, besides these, all his guns and stores. He had been beaten in this, his first battle, but he was soon to wipe out all imputations by his bravery and success in subsequent actions. He met, in a few days at Kinston, re-inforcements that would have enabled him to hold his ground at New Bern ; but, alas, like many other earthly succors, they came too late for real benefit. 9. The fall of New Bern sealed the fate of the Confed- erate forces at Fort Macon. Colonel M. I. White, with five companies of the Tenth Regiment (artillery) endured the Federal bombardment until the work was in danger of being blown up. He surrendered the fort on April 26th, 1862. These disasters at home were disheartening in the extreme, but the only visible effect upon the people at large was to increase the numbers of those who were still volunteering by thousands to defend North Carolina and the Confederate States. 10. At Williamsburg, in Virginia, occurred the first memor- able conflict of the year between the two great armies strug- gling on the soil of the Old Dominion. In this conflict the charge of the Fifth North Carolina Regiment, under Colonel D. K. MacRae, excited the admiration and sympathy of all the South. It foreshadowed the bravery and obedience of the great host of soldiers North Carolina had sent to the field, from which so many were destined never to return. THE COMBAT DEEPENS. 211 11. In the bloody and glorious campaign in the Shennan- doah (Shen'an-do'ah) Valley, General T. J. Jackson had grown immortal before the coming of midsummer. The gallantry of the Twenty-first North Carolina Regiment at Winchester, like that of the Fourth at Seven Pines, was as conspicuous as bloody. In this latter battle, where so many other men of the State were slain, the Fourth Regiment, under Colonel George B. Anderson, lost four hundred and sixty-two men out of five hundred and twenty. 12. In the last days of June, nearly all of the North Caro- lina regiments were concentrated at Richmond, under the com- mand of General Robert E. Lee. In the week of battle which ended in the overthrow of the great investing army of General McClellan, they lost thousands of their bravest and best. Ninety-two regiments constituted the divisions of Jack- son, Longstreet, D. H. Hill and A. P. Hill. These were the forces that drove the Federals to their ships; and forty -six of these regiments belonged to North Carolina. It may be safely asserted that more than half the men actively engaged and disabled during that terrible week, were citizens of this same ancient and devoted Commonwealth.* *My authority for the foregoing statement as to the forces engaged in the seven days of battle before Richmond, is the speech of Governor Vance, delivered at White Sulphur Springs. He there made the same statement, which has never been called into question. QUESTIONS. 1. What is said of North Carolina's forces in the wars? 2. What force was sent to defend Albemarle Sound ? 3. Can you tell of Burnside's attack ? 4. What was the conclusion of the engagement? 5. What is said of this battle? 212 HISTORY OF NORTH CAROLINA. 6. To what point was attention next directed? What officer was in command? When was the Federal attack made? 7. What composed General Branch's command? 8. Describe the battle. 9. What is said of the fall of Newbern? What fort was next surren- dered ? Where is Fort Macon ? 10. What is said of the gallant charge of the Fifth Regiment at Wil- liamsburg? 11. What regiments are specially mentioned as participants at Win- chester and Seven Pines? 12. What is said of the events at this period. THE WAli CONTINUES. '2\'-) C H A P T E RLI. THE WAR CONTINUES. A. D. 1862. Amid the exultation that tilled the hearts of the people of North Carolina for the victories around Richmond there was yet grief in many families for heroes fallen in the discharge of duty. Colonels Stokes, Meares, Campbell and C. C. Lee, like a great host of their compatriots, were gone to come no more. It seemed that the superior numbers and resources of the United States forces were to prove powerless before the fiery onsets of the Confederate troops. 2. In the month of August, 1862, Zebulon B. Vance, of Buncombe, then Colonel of the Twenty-sixth regiment, was chosen Governor of North Carolina over William Johnston, of Charlotte, who had been of late Commissary General of the State. By an ordinance of the Convention, Colonel Vance entered upon his duties as Chief Magistrate on September 8th, 1862. He was to evince great zeal in the discharge of his official duties. 3. The Convention which passed the Ordinance of Secession was presided over by the venerable Weldon N. Edwards, of Warren. This body continued its sessions for a long time after the necessity for its presence had passed. They had elected members of Congress and done many things beyond what was expected of them, before they adjourned finally and went back to their private stations. 4. The battles fought in the first Maryland campaign resulted in great losses among the North Carolina regiments. Generals Branch and Anderson both lost their lives at Sharps- 214 HISTORY OF NORTH CAROLINA. burg and left grief in many hearts for their untimely end. Colonel C. C. Tew also fell in the same great battle, and increased the grief of his people at the loss by the mystery of his fate. He disappeared amid the storm of conflict, but exactly how and when, was never known. 5. In North Carolina there had been comparative quiet through the spring and summer months. Federal garrisons at Plymouth and New Bern were observed by small bodies of Confederates, but no fighting occurred except in Plymouth, which town was taken and held for a few hours by Colonel Martin, with the Seventeenth Regiment, and then abandoned because of the Federal gun-boats. 6. On Blackwater River, just below Franklin, in Virginia, there was a gallant conflict of a few cavalrymen under Lieu- tenant Thomas Ruffin, of the Fourth Cavalry, and a Federal double-ender. The invaders were all driven from deck and the ship lay at the mercy of the assailants until her consorts came up the stream from below and shelled the victors from their prey. 7. Simultaneously with the attack of General Burnside upon the army of General Lee at Fredericksburg, on December 13th, 1862, the South Carolina brigade of General Evans, then stationed at Kinston, North Carolina, was surprised to see a few mounted Federal soldiers make an attack upon the position then held by them. The Federals were driven back and pursued in the direction of New Bern. Suddenly the South Carolinians found themselves confronted by more than twenty thousand foes. 8. In the speedy retreat that ensued, General Evans was unable to burn the bridge across the river, and effected his escape with some loss. He was, the next day, re-inforced and THE WAR CONTINUES. 2\ 5 awaited General Foster's approach on the road leading; to Goldsboro. But the Federals were seeking to intervene between that place and the one occupied by Evans. All of Tuesday morning (December 16th) the masses of the Union troops were seeking to cross Neuse River at White Hall, but they were bravely met there by General Beverly H. Robin- son, who, with the Eleventh, Thirty-first, Fifty-ninth and Sixty-third Regiments and Battery B, Third North Carolina Battalion, withstood all their attacks and inflicted severe loss upon the baffled invaders. The contest lasted for eight hours, and consisted of General Foster's efforts to drive off the Con- federates so that pontoons could be laid for a bridge across the stream in place of the one burned the night before. 9. Failing to cross Neuse River at White Hall, General Foster marched in the evening for Goldsboro, and, having reached the bridge of the Wilmington & Weldon Railroad, succeeded in burning it, in spite of the gallant efforts of Gen- eral Clingman and his brigade to prevent such a purpose. Perhaps no military strategy was ever feebler than that seen in the affair here referred to. Thousands of Confederate troops were left idle in Goldsboro, two miles away, and Gen- eral Evans had only Clingman's Brigade and a portion of his own to confront the invaders. 10. General Foster retired in great precipitation to New Bern, and the burned bridge was his only trophy in an expe- dition which seemed so threatening at its inception. 11. The year closed with many things to disturb the out- look of those who were struggling for the Southern cause in North Carolina. General Lee had won a great name in Vir- ginia, and the army he commanded had become immortal for its valor; but his victories were not followed by such advan- 216 HISTORY OF NORTH CAROLINA. tages as could have been expected, and in North Carolina such lodgments had been made that little hope remained of expell- ing the Federal forces. 12. These countrymen and former friends were in a des- perate struggle for victory in their opposing schemes. The United States government protested that it was not waging a war to interfere with slavery or any other institutions of the States, but that its only aim was to restore the Union. Alas, how much blood and tears were to be expended before the carnival of death should reach a conclusion ! QUESTIONS. 1. What was the feeling concerning the victories around Richmond? 2. Who was chosen Governor in 1862? 3. What was some of the work of the Convention of 1861 ? 4. What losses had North Carolina sustained in the battle of Sharps- burg ? 5. What was the state of affairs in North Carolina during the spring and summer of 1862? (>. Describe the engagement on Blackwater River? 7. Can you tell of the surprise at Kinston ? 8. What was the further result of this affair? i). What is said of the conclusion of this matter ? 10. Where did General Foster go ? 11. What is said of the events of this year ? 12. What did the United States government say was its object in the war? WAR AND ITS HORRORS. 217 CHAPTER L 1 1 . WAR AND ITS HORRORS. A. D, 1863. 1863. When the year 1863 had come upon the American States in their bloody and wasting quarrel, there was nothing to indicate any solution of the great controversy. Many bloody battles had been fought, thousands of homes were saddened in the loss of brave and true men, and yet both sides were as intent as ever upon carrying on indefinitely the terrible and costly struggle. A government that had been formed by the voluntary agreement of the States had thus become a bone of contention between the hostile sections. 2. Mr. Lincoln, and the government at Washington, said there should be no peace until the seceded States returned to their allegiance. Mr. Davis, and the government at Rich- mond, said, on the other hand, that the Confederate States were, of right, free and independent Commonwealths that had rightfully resumed their delegated powers, and no further con- nection would be had with the States from which they had withdrawn. 3. It was hoped that England and France would recognize the independence of the Confederate States; but beyond extending to the Southern government the rights of bellig- erents, this trust proved utterly fallacious. Confederate agents were received and armed vessels allowed to enter their ports, but no aid was extended to the Southern cause. The arrest of the Confederate Commissioners, Messrs. Mason and Slidell, on a British mail steamer by a United States war vessel, was 28 218 HISTORY OF NORTH CAROLINA. resented and war seemed probable; but these Southern envoys were released, and no aid came from abroad but in the ships that were bought of private persons for the purpose of cruising against vessels belonging to citizens of the United States. 4. Among the earliest measures adopted by the Federal government was the blockade of Southern sea-ports. Wil- mington, Charleston, Savannah, Mobile and Galveston were all watched by armed ships that sought to exclude the vessels of all countries from entering these harbors. Cruisers swarmed along the whole Southern coast, and it became a matter of great peril and difficulty to send out and get any commodity by way of the ocean. 5. This soon led to a scarcity of salt, sugar, coffee, molasses and everything which had been formerly imported from Europe or bought of Northern merchants. Prices continually advanced as such things become more scarce in the South. Wilmington is so situated that an effective blockade there was almost impossible. There were two inlets, arid, there- fore, two blockade fleets were necessary, and even with this added difficulty, the blockading squadron could not prevent, on dark nights, the passage of swift steamers that swept in and out of the Cape Fear River and brought from Nassau and Bermuda what was most needed for the armies and people. 6. Soon after his inauguration, Governor Vance, at General Martin's suggestion, sent Colonel Thomas M. Crossan to England for the purpose of procuring a ship to supply the wants of North Carolina. Crossan had been a naval officer in the service of the United States, and had judgment enough in such matters to select one of the swiftest ships in the world. It was called the Lord Clyde abroad, but that name was changed to Ad- Vance, and the vessel made many successful voyages before she was captured. WAR AND ITS HORRORS. 219 7. In this way much of the arms and clothing was pro- cured for North Carolina troops, and, besides this, cotton and woolen cards and many other necessities were brought in and distributed to the different sections of the State. Salt was the most important of all the domestic supplies excluded by the blockade. To procure this indispensable article, private factories on the sea-coast were supplemented by others under State management; but these proved insufficient to meet popu- lar wants, and arrangements were made to procure additional supplies from the salt w T ells of south-western Virginia. 8. It was early foreseen that in so great a struggle enorm- ous expenditures would become necessary; and, to meet such liabilities, it would be necessary for the Confederacy and the individual States to use their credit in procuring supplies on the faith of future payments. Many millions of dollars were to be expended and only Confederate and State obliga- tions would be available to meet such purchases. 9. Unhappily the great supply of cotton then in the South was overlooked by the authorities, and thus a solid basis of credit was lost. Had all the cotton been seized by the'gov- ernment perhaps the depreciation of its funds would have been averted. As it was, in 1863 both Confederate and State money began to depreciate in value, and this declension once having begun, had no arrest in its downward tendency. 10. Almost all the white men of North Carolina were in the ranks of the different regiments and battalions mustered into the Confederate service. Their families were largely dependent upon the pay they received as soldiers. When the Confederate money became worthless want and suffering appeared in every section, and unhappy wives were clamor- ous for their husbands' return to avert starvation at home. 220 HISTORY OF NORTH CAROLINA. 11. This was the rock upon which Southern hopes were to be wrecked. The suffering families were ever in the minds of the dauntless men who were away facing the enemy. A direr foe was thinning the blood and blanching the cheeks of wife and child. Therefore, many a hero turned his back on the scenes of his glory and incurred personal ignominy, and sometimes the punishment of death, for desertion. 12. The case of Edward Cooper was in point. He was tried by court-martial for desertion. He declined the aid of a lawyer to defend him, and, as his only defence, handed the presiding judge of the court the following letter which he had received from his wife: "My Dear Edward: — I have always been proud of you, and since your connection with the Confederate army I have been prouder of you than ever before. I would not have you do anything wrong for the world, but before God, Edward, unless you come home, we must die. Last night I was aroused by little Eddie's crying. I called and said, " What is the matter, Eddie?" And he said, "O mama, I am so hungry." And Lucy, Edward, your darling Lucy, she never complains, but she is growing thin- ner and thinner every day. And before God, Edward, unless you come home,, we must die. Your Mary." 13. General Cullen Battle, and his associate members of the court, were melted to tears. Although the prisoner had voluntarily returned to his command, they found him guilty and sentenced him to death, but recommended mercy. Gen- eral Lee, in reviewing the case, approved the finding but par- doned the unhappy artilleryman, who was afterwards seen by General Battle, standing pale and bloody, as he fired his last round into the retreating Federals. He then fell dead on his post in battle. QUESTIONS. 1. What was the condition of the war in 1863? 2. What positions were taken by Presidents Lincoln and Davis? WAR AND ITS HORRORS. 221 3. From what countries had the South expected aid ? What is said of Mason and Slideil? 4. What Southern cities were blockaded? What was the effect of this blockade? 5. What is said of the port of Wilmington? 6. How did Governor Vance supply the wants of the people? What is said of the Ad-Vance? 7. What supplies were brought in by the Ad-Vance f How was salt obtained? 8. How did the Confederate government propose to obtain funds for carrying on the war? 9. What was the cause of the great depreciation in the value of money ? 10. How were the soldiers' families suffering? 11. What is said of the terrible struggle of the women and children ? 12. Can you mention the case of Edward Cooper? 13. What was the verdict of the court-marshal? What was the ending of this sad case? 222 HISTORY OF NORTH CAROLINA. CHAPTER LIII. THE DEATH-WOUND AT GETTYSBURG. A. D. 1863. In spite of the great Federal successes in acquiring terri- tory in North Carolina, Louisiana, Mississippi and elsewhere, and, notwithstanding the increasing hardships detailed in the preceding chapter, the government and people of the Confed- erate States were still undismayed and hopeful when the spring of 1863 permitted the vast armies of the United States to resume active military operations. No thought of submission was entertained by the Confederate soldiers, and, among the people at home only in rare instances were individuals to be found who expressed hopelessness as to the result of the war. 2. In North Carolina a period of inactivity succeeded the raid by General Foster, which was only broken by the unsuc- cessful attack on the town of Washington. General W. H. C. Whiting, who had made reputation as a division com- mander in the Army of Northern Virginia, was sent to assume charge of the Department of Cape Fear, with his headquarters in Wilmington. This city had been fearfully ravaged by yel- low fever in the fall of 1862, and had now become all-impor- tant to the Confederacy as a port. Other Southern sea-ports were almost totally closed by blockade, and only to the Cape Fear was there left a hope of success. 3. Generals Braxton Bragg, D. H. Hill, Leonidas Polk, and Benjamin McCulloh, had all risen to prominent commands, and conferred honor by their connection with the Old North State. Among the younger officers, Generals Pender, Gaston THE DEATH-WOUND AT GETTYSBURG. 223 Lewis, Hoke, Pettigrew and Ramseur, had all won distin- guished notice and promotion for gallant and meritorious service. 4. Many thousands had been enrolled in the sixty-six regi- ments and ten battalions of North Carolina mustered in the Confederate service, and, though mourning was in many house- holds, recruits were constantly going to fill the gaps occasioned by deaths on the field and in the hospitals. Dr. Charles E. Johnson had been succeeded as Surgeon General of the State, by Dr. Edward Warren. Drs. E. Burke Haywood, Peter E. Hines, W. C. Warren, and others of the leading physicians, were placed in charge of great hospitals at Raleigh and other cities in the State. North Carolina sustained a similar insti- tution at Petersburg, in Virginia. Of the latter, the excellent lady, Miss Mary Pettigrew, a sister of the general of the same name, became matron ; and, like another Florence Night- ingale, cheered the sick and dying with her elegant presence. 5. General Burnside lost his place by his disaster at Fred- ericksburg, and was followed in command of the Army of the Potomac, by General Joseph Hooker. This gallant com- mander was as signally beaten at Chancellorsville, on May 2d and 3d. No battle of any age conferred greater honor upon the victors; but in the loss of Stonewall Jackson the South was deprived of a leader whose place could not be supplied. North Carolina was never more gloriously vindicated than on this famous field, and ex-Governor Graham, who was then in Richmond, said, a few days afterwards, in the Confederate States Senate, that half the men killed and wounded at Chan- cellorsville belonged to North Carolina regiments. 6. So astonishing was the result of this battle, and so crush- ing its effects upon the Federal authorities, that General Lee 224 HISTORY OF NORTH CAROLINA. again resolved upon an invasion of the North. At Gettys- burg, in the first three days of July, 1863, he realized how fatally he had been mistaken in such a movement. On the last dread day, the 3d of July, he discovered that even his incomparable infantry could not accomplish everything he desired. 7. In the vast numbers engaged, and the great intervals filled by his command, there was no such unity of movement between his different corps as was necessary to meet the great advantages of position enjoyed by the greatly superior Federal force under General Meade ; and thus the deadly assault failed, and half of the Confederates were lost in the battle. 8. Thirty thousand of the bravest and best, who had so long made the Army of Northern Virginia unconquerable, were lost to our cause forever. Among the North Carolinians, Generals Pender and Pettigrew, Colonels Burgwinn, Marshall, and Isaac E. Avery, were slain, and a host of subalterns like- wise perished. It was the turning point in the war, and from this bloody field of Gettysburg the star of Southern fortunes gradually paled into the final disaster of Appomattox. 9. Many gallant struggles were yet to be made. On dif- ferent fields the great forces of the Union were to be bravely repelled, but the ranks of General Lee's army were so much thinned that it became daily more impossible to confront the increasing horde that gathered against it from all civilized nations. The great disaster at Vicksburg, occurring on the same day as the defeat at Gettysburg, at last gave token that in Southern exhaustion would, ere long, come an end of blood- shed. 10. Governor Vance, and his people of North Carolina, sorrowfully surveyed the situation in the fall of 1863. He, THE DEATH-WOUND AT GETTYSBURG. 225 and a majority of his State, had been slow to assume a position of opposition to the Federal government ; but they were entirely devoted to the cause which they had espoused, and, with sympathizing hearts, addressed themselves to the task of recruiting the shattered ranks of the regiments with General Lee. 11. During the month of June, Colonel Spear's cavalry raid in Hertford and Northampton counties was driven back by General M. W. Ransom, and, beyond this, there were no movements of a hostile character in the State limits during the year. 12. In the steady depreciation of Confederate and State money was the greatest calamity of all. The cry of distress from famishing women and children was increasing in volume, and the State and county authorities were finding it more and more impossible to meet, by public charity, the pressing wants of the people. Note. — "The financial system of the Confederate government was singu- larly simple. It consisted chiefly in the issue of treasury notes enough to meet all the expenses of the government, and, in the present advanced state of the art of printing, there was one difficulty incident to this process, namely: the impossibility of having the notes signed in the Treasury Department as fast as they were needed. There happened, however, to be several thousand young ladies in Richmond willing to accept light and remunerative employment at their homes, and as it was really a matter of small moment whose names the notes bore, they were given out in sheets to these young ladies' who signed and returned them for a consideration." The pay of Confederate soldiers in the ranks was $15 and $17 per month, in " Confederate money." During the latter days of the war, flour sold for $800 per barrel; meat $3 per pound; chickens $15 each; shoes (brogans) $300 per pair; coffee $50 per pound; tallow candles $15 per pound. It may be easily imagined how great was the suffering in the South when remembered that numbers of soldiers' wives were almost entirely dependent upon the pay of their husbands for support. 29 226 HISTORY OF NORTH CAROLINA. QUESTIONS. 1. In what condition was the South in 1863 ? 2. How was the port of Wilmington specially important to the Con- federacy? Who was in command at this place? 3. What North Carolinians are mentioned as having risen to promi- nence ? 4. How many regiments had the State furnished to this time? What doctors had charge of the hospitals? What noble woman is mentioned, and what is said of her? 5. What fierce battle was fought on May 2d and 3d? What did Gov- ernor Graham say of the North Carolina troops at Chancellorsville ? 6. Upon what did General Lee resolve after the victory ? Can you tell something of the battle of Gettysburg ? 7. What was the terrible result of this battle ? 8. How many Southern soldiers were lost on this occasion ? What North Carolinians are named among the slain ? What was the effect of this battle upon the South ? 0. What is said of Lee's army ? 10. How did Governor Vance and his people view the situation ? 11. What raid was driven back by Genaral Ransom? 12. What was the condition of the people at this period ? GENERAL GRANT AND HIS CAMPAIGN. 227 CHAPTER LIV. GENERAL GRANT AND HIS CAMPAIGN. A. D. 1864. 1864. The fourth year of the great war opened on North Carolina with grief in almost every family; still, with diminished hopes and increased exertions for the general defence, they looked forward to a campaign which they well understood was to be decisive in their fortunes. Perhaps, not even General Washington was so trusted and beloved by the American people in the Revolution, as was General Robert E. Lee by those of the South in the closing years of the struggle. 2. In his genius and capacity they felt sure they had the very highest human leadership, and in his splendid career and spotless renown they all took pride as conferring reflected credit upon themselves. So noble, unselfish and wise; he had become the idol of his own people and the admiration of his foes. At the outbreak of the war he had declined the com- mand of the Federal armies, because he believed it was his duty to defend his own people, and the sublimity of his sacrifice may be understood when it is well known now that to his intimate friends he expressed his conviction in the beginning of the struggle, that it would be impossible for the South to withstand for any considerable time the superior numbers and resources of the United States. 3. Ex-Governor Thomas Bragg had been for some time in the cabinet of President Davis, as Attorney-General. For some cause he resigned the position and was no more in pub- 228 HISTORY OF NORTH CAROLINA. lie life. Since 1854, when he had left the Bar to become the Governor of North Carolina, he had been continually grow- ing in the public favor, and now returned to the leadership of his profession. No lawyer in our annals has been more respected or successful. In the Confederate States Senate the polished and eloquent George Davis, of Wilmington, and W. W. Avery, of Burke, had served, until the latter, was succeeded, in 1862, by W. T. Dortch, of Wayne; and, a year later, Mr. Davis was followed by ex-Governor Graham. 4. Governor Vance had appointed Lieutenant-Colonel D. G. Fowle, late of the Thirty-second North Carolina Infantry, Adjutant-General to succeed General Gatlin, and, in the superior clothing and equipments of the North Carolina troops were the wisdom and activity of the State government manifested. Not only were the necessities of our own soldiers supplied, but large aid was extended to the Confed- erate government in this respect. 5. In the midst of the great struggle there was, of course, a great dimunition of attention to matters of education. Governor Swain, with a remnant of the former faculty, re- mained at Chapel Hill, where a few boys, too young for service, yet retained the name and semblance of the University. The sectarian colleges, male and female, were nearly all closed, and even in the common schools there was small interest manifested amid the blood and excitement of the time. 6. Many of the ablest ministers of the gospel left their churches and were faithful chaplains in the army. Great religious interest w r as awakened by them among the men who were so bravely battling in Virginia, and many thousands were converted and added to the churches during the revivals in the camps. GENERAL GRANT AN]) HIS CAMPAIGN. 229 7. The capture of Plymouth, in Washington county, on April 20th, 1864, was one of the most brilliant and success- ful affairs of the war. The youthful and gallant Brigadier- General R. F. Hoke was sent by General Lee in command of a division, with which he surrounded the strong fortifica- tions and took them by assault, capturing more than three thousand prisoners. The help of the iron-clad Albermarle was very efficacious on this occasion, and her combat at the mouth of Roanoke River, a few days later, was one of the most stubborn naval engagements on record. Single-handed, Captain Cook fought and defeated a strong fleet of double- enders and drove them routed from the scene. This expedi- tion of General Hoke secured his promotion, and was in marked contrast with that of General Pickett against New Bern a few weeks before; the only incident of which, creditable to the Confederates, was General Martin's well- fought battle at Shepardville. 8. When the spring opened, tidings came from the Wilder- ness of fresh battles in that region which had been made famous the year before. General U. S. Grant had been made commander-in-chief of all the Federal armies, and had come to assume the direction of affairs in Virginia. With the vast numbers at his command, he resolved upon such strategy as fell with fearful results upon his army, but it weakened the reduced ranks of the Confederates at the same time. Although he lost more men in his march from the Rapidan to the James River than General Lee had confronting him, still, fresh thousands poured in to fill the places of those who had fallen at the Wilderness, Spottsylvania, Cold Harbor and the minor combats. 230 HISTORY OF NORTH CAROLINA. 9. In this fearful campaign, which was not ended even when General Grant began the siege of Petersburg, the North Carolina regiments were fearfully reduced. Generals Ram- seur, Daniel and Godwin, together with Colonels Andrews, Garrett, Brabble, Wood, Spear, Black nail, C. M. Avery, Jones, Barbour and Moore were among those who had sealed their faith with their blood. 10. No battle of the war was more brilliant in its particu- lars and results than that of Reams' Station, fought on Au- gust 24th, 1864. General W. S. Hancock, of the Federal army, had seized and fortified a position from which General Lee ordered Lieutenant-General A. P. Hill to dislodge him. So stern was Hancock's resistance that two bloody assaults had been repelled, when the privates of Cooke's, MacRae's and Lane's North Carolina brigades demanded to be again led to the attack. Their officers complied ; and, with seven- teen hundred and fifty muskets in the charge, they took the works and captured twenty-one hundred prisoners and thir- teen pieces of artillery. 11. The siege of Petersburg went on, and the sad news of General Early's defeats in the valley came ever and anon to add fresh sorrow and despair to the South; but with a blind and desperate disregard of the situation, no hand was lifted to stay the slaughter or make terms amid so many combatants. President Davis said that he would make no overtures be- cause the government of the United States took no recogni- tion of him; and General Lee did not because it was neither proper nor possible in him; and so, amid the widening ruin, the South waded still deeper into the crimson flood. 12. And thus it is with every human quarrel. Pride, hatred and vanity are all enlisted to prevent the concessions GENEKAL GRANT AND HIS CAMPAIGN. 231 that lead to peace, and often, when both sides are eager to rest, the tide of death and destruction still rolls on. QUESTIONS. 1. What year of the war have we now readied ? What is said of North Carolina's hopes? 2. What tribute is paid to General Robert E. Lee ? 3. What is said of ex-Governor Bragg? What changes were made in the Confederate States Senate ? 4. Who was appointed Adjutant-General of North Carolina? In what efficient manner did the government of North Carolina serve the people ? 5. What is said of educational matters at this period ? 6. How were the ministers of the gospel faithfully performing their duty? 7. Can you describe the capture of Plymouth by General R. F. Hoke's command ? 8. Where was the principal fighting in the spring of 1864 ? What is said of Grant's campaign ? 9. What losses had North Carolina sustained in this campaign? 10. Describe the battle of Reams' Station ? What North Carolina troops captured General Hancock's position ? 11. What was the general condition of the war ? 12. What is said of these things? 232 HISTORY OF NORTH CAROLINA. CHAPTER LV. NORTH CAROLINA AND PEACE- MAKING. A. D, 1864 TO 1865. In his first election as Governor of North Carolina, the suc- cess of Colonel Vance had been considered a triumph of those who were known as "Union men " in the State during the ear- lier portions of the year 1861. In his course as Chief Mag- istrate such strenuous support was given to the Confederate States that when his term of service approached conclusion, and a new election was to be held, a few men who had been his warmest friends two years before were found opposing his continuance as Governor. 2. These comprised a small fragment of the people, and William W. Holden, of Wake, was their candidate. He was the editor of the Standard, a newspaper that had, in years past, been extreme in Southern proclivities, but of late Mr. Holden had advocated North Carolina's withdrawal from the Confederacy and the making of separate terms with the powers at Washington. 3. Governor Vance and most of the people, both in and out of the army, opposed this project as dishonorable and un- just to their compatriots of other States. They held that North Carolina's fortunes were identified with those of other Southern communities and that she must share their fate, whatever that might be. 4. The persistence of President Davis, at Richmond, in refusing to make any overtures to Mr. Lincoln in order to break the force of the coming overthrow, led to secret propo- NORTH CAROLINA AND PEACE-MAKING. 233 sitions from certain members of the Confederate Congress from other States, in which they besought ex-Governor Gra- ham to approach Governor Vance on this subject. Governor Vance refused to take any part in such a scheme. He was re-elected by an overwhelming majority, after a thorough ex- position of his views by many addresses both to the people at home and the North Carolina soldiers in their camps. 5. As General Grant, day by day massed fresh thousands of troops before Petersburg, and the Confederate resistance £rew more feeble in the Shenandoah Valley, the conference which took place at Old Point Comfort was arranged to no purpose. After a mighty struggle, the South, in utter exhaus- tion, was soon to lay down the arms that had been so bravely wielded, but no wise and timely arrangement of the difficulty was made; and probably it was impossible. 6. The importance of Wilmington to the waning fortunes of the Confederacy had long been evident in the closing of other sea-ports by blockade. General Whiting was an able and experienced engineer, and his main defence, Fort Fisher, on New Inlet, was pronounced by General Beauregard as almost impregnable. Forts Caswell and Holmes, at the mouth of Cape Fear River, and the numerous works fringing both banks of the stream from Wilmington to the ocean, had apparently rendered hostile approach from that direction a thing almost impossible to any naval expedition. 7. On December 25th, the same General Butler who had been at the capture of Fort Hatteras in 1861, came with an army which was borne in a great fleet, commanded by Admiral D. D. Porter. This vast armada, carrying six hundred of the heaviest cannon modern science has been able to construct, opened fire upon Fort Fisher. 8. The fort was re-inforced by a few companies from other 234 HISTORY OF NORTH CAROLINA. portions of General Whiting's command, and later, the divis- ion of General Hoke arrived from Petersburg and took posi- tion in the intrenched camp at Sugar Loaf, four miles distant up the river. General Braxton Bragg had been for some time in command of the department and was present on this occa- sion. 9. All day, on that Christmas Sabbath, a fiery storm of shot and shell was rained upon the fort, which answered slowly and deliberately from its different batteries. In the midst of the bombardment, General Butler landed his army on the peninsular above the land-face of the work, but upon inspection of its strength, he grew hopeless of his undertaking, and, on the night of December 26th, having re-embarked his force, the fleet returned to Beaufort. 1865. 10. There was much joy and relief in this evident Federal confirmation of the reported impregnability of the great work, and congratulations went around among the Con- federates over this defeat of the costly undertaking of the invaders. General Bragg withdrew Hoke's Division and all the force at Sugar Loaf, except Adam's light battery and the cavalry, with the intention of attacking the garrison of New Bern. 11. He was signally interrupted in this undertaking, when, on the night of the 12th of January, 1865, Colonel William Lamb telegraphed from Fort Fisher that the fleet had returned and the troops were disembarking for a renewal of the attack. General Bragg hurried Hoke's and all other available com- mands back to the rescue, but found the Federal army in complete possession of the ground between the fort and intrenched camp. Upon a reconnoissance, they were found too strongly posted to be assailed. 12. The great fleet opened upon the land-face, and having NORTH CAROLINA AND PEACE-MAKING. 235 dismounted all but one of the twenty-two heavy guns defend- ing that flank, on the evening of the 15th, General Terry, by sio-nal, changed the fire of the fleet to the sea-face batteries. The three Federal brigades that had worked their way close up, sprang forward in a charge that resulted in the capture of seven traverses and four hundred prisoners. The assail- ants lost their three commanders and five hundred men. It was a fatal blow. The Federals could not be dislodged, and, after brave and unavailing combat within the works, Fort Fisher was taken; and its garrison, numbering two thousand men, became prisoners of war. General Whiting and Colonel Lamb were both badly wounded, and the former soon died of his injuries. Note. — A school-book is not a proper medium for the transmission of disputes, and the author therefore forbears criticism upon the conduct of General Bragg and his letter recently published in relation to the siege herein outlined. That all concerned did their best is very sure, and that so many of the Federal troops were slain after their entrance into the fort is abundant proof of the fidelity and valor of the garrison. QUESTIONS. 1. How was the first election of Governor Vance considered? What is said of the approaching election ? 2. Who was Governor Vance's opponent, and what is said of him? 3. How did Governor Vance and his people consider these measures ? 4. What is said of affairs at Richmond ? 5. What events were transpiring ? 6. What is said of Wilmington and its defences? 7. What occurred on December 25th, 1864. 8. Describe the attack on Fort Fisher? 9. What was the conclusion of the attack? 10. How did the State receive the news of this Federal failure? What forces were removed from Fort Fisher ? 11. Describe the preparations for renewal of the attack on January 12th. 12. Give an account of the engagement. What was the sad result ? 236 HISTORY OF NORTH CAROLINA. CHAPTER LVI. THE WAR DRAWS TO A CLOSE. A. D. 1865, With the fall of Fort Fisher the fate of Wilmington was sealed. With the Federal troops in such a position the port was most effectually closed. The last connection of the be- leagured Confederacy with the outer world was thus broken, and North Carolina, with beating heart, listened to the ap- proaching footsteps of countless invaders. General Joseph E. Johnston was selected by General Lee, who had been made Generalissimo of all the Southern armies, to command in North Carolina. 2. General Bragg's forces having retired from Wilming- ton, met the corps of Major-General Schofield in an ineffec- tual engagement at Kinston, on March 8th, and retired upon Goldsboro. This command, with the troops lately in Char- leston and Savannah, the remnant of the Array of Tennessee and Hampton's Division from Virginia, soon made an army of tw r enty-five thousand men, under the command of General Johnston. 3. Against him were coming, from South Carolina, the great army under General W. T. Sherman ; from Wilming- ton, the corps of General Terry, and from Kinston, the army of General Schofield. In addition to these overwhelming forces, another column was approaching from the west, under General Stoneman. 4. As this great array gathered toward Raleigh 'as a com- mon focus, the first conflict was between the division com- manded by General Hardee and the army of General Sher- THE WAR DRAWS TO A CLOSE. 237 man at the hamlet of Averasboro. After a stubborn fight Hardee withdrew, and, having joined General Johnston, the latter collected fifteen thousand men at Bentonsville, in John- ston county, on March 19th, and awaited Sherman's approach. 5. General Sherman, on that day, made six successive attacks upon Johnston's left, composed of Hoke's and Cheat- ham's divisions and the late garrisons on the Cape Fear. The Federal assaults were all repelled, and, at the order to advance, three lines of the invaders' field works were carried and several batteries captured. This success was not blood- lessly effected, and especially in the instance of the First North Carolina Battalion there was heavy loss in killed and wounded. 6. General Sherman withdrew to Goldsboro to meet Scho- field and Terry, and Johnston put his men in cantonments around Smithfield to await developments. With such a force it seemed impossible that he would be able to meet the combined strength of the three armies assembling at Golds- boro, but the result at Bentonsville had greatly elated his troops, and they resolutely awaited General Sherman's return to the shock of arms. 7. After so much bloodshed, God had mercifully ordained that the end of hostilities was near at hand. General Sheri- dan, with heavy cavalry re-inforcements, having assailed the right flank of General Lee's defences at Petersburg, after hard fighting, succeeded in winning the decisive battle at Five Forks (March 28th, 1865). The six thousand Confederate prisoners were fatal to a longer retention of the attenuated lines around the city that had been so long and nobly de- fended. 8. On the morning of the 29th, in the general assault, General Lee's lines were pierced in three places, General A. 238 HISTORY OF NORTH CAROLINA. P. Hill was slain, and, only in instant retreat was even tem- porary safety to be found by the doomed army of Northern Virginia. After incredible hardships, having won their way to Appomattox Court House, the small remnant of the heroes who had for four years so dauntlessly held their ground against all comers were enveloped in the masses of pursuing hosts, and, on April 9th, at the command of their beloved leader, they then laid down their arms. 9. These men were not demi-gods, as was claimed by Homer for those Greek warriors who battled on the plains of Troy. They were only men, who, at the call of what they felt was duty, took up arms to defend their homes. For years they had seemed to reverse military maxims concerning stronger battalions and superior resources. They had been as unconquerable as Caesar's legions, or the Spanish infantry of the sixteenth century. Like a rock in the sea, they had been worn down by "attrition," and, when driven to the wall, there was nothing left but the skeleton of an army that had grown forever immortal. 10. General Lee was never greater than in the hour of his fall. He had not taken a part in the struggle to gratify his ambition, for if such had been the case he would have been found commanding the vast armies of the Union that were repeatedly offered to him in the beginning of the strug- gle. He had deliberately cast his fortunes with those whom he believed would be unable to withstand their foes. If, in the plenitude of his triumphs, he had sometimes seen reasons to hope for a different result, he had at least, for months past foreseen the inevitable conclusion. 11. There have been more fortunate commanders, but never a man who was purer in word and deed. If, in the lapses of time and the verdict of history, he shall be ad- THE WAR DRAWS TO A CLOSE. 239 judged to have erred in his choice of sides in a great civil controversy, there will be at least no imputation upon the purity of his motives. He did what lie felt was his duty, and there can be no higher standard of human action. The want of judgment can as soon be ranked among crimes as the defence of our homes and firesides. General Lee was a Virginian, and he stood by Virginia and the South, and in so doing was not only a hero but a patriot. 12. He led many thousands of North Carolinians through years of blood and trial, and with the living and dead was their ideal and embodiment of a Christian gentleman. More than one hundred and twenty-five thousand men of the State had struggled in a cause that was now hopelessly lost. With sad hearts, but in humble submission to an overruling Provi- dence, the survivors went to their homes and renewed their fealty to the United States of America. QUESTIONS. 1. What was the effect of the fall of Fort Fisher? 2. What occurred at Kinston? What was the size of General John- ston's army? 3. What great forces were marching against Johnston? 4. "Where was the first conflict between these armies? When was the battle of Bentonsville fought? Point out Averasboro on the map. Ben- tonsville. 5. Can you tell something of the fight at Bentonsville? 6. W r hat was done by the Federal and Confederate commanders after this battle? 7. W T hat occurred at Petersburg? % 8. How did the battle result? What took place at Appomattox? 9. What is said of the surrender? 10. What is said of the great General Lee? 11. What further mention is made of him? 12. What is said of the North Carolina soldiers? 240 HISTORY OF NORTH CAROLINA. CHAPTER LVII. CONCLUDING SCENES OF THE WAR. A. D. 1865. When General Johnston became aware of General Lee's retreat, he was informed that his next duty would be to effect a junction of his forces with those withdrawn from Peters- burg. In accordance with this object a movement was begun at Raleigh, April 10th. The army, Governor Vance accom- panying it, having passed the capital, ex-Governors Graham and Swain, accompanied by Surgeon General Warren, met General Sherman at the head of his vast army a few miles from Raleigh and besought him to protect the city. 2. General Sherman and his accumulated army of more than a hundred thousand men entered the capital city on April 13th. As the advance, under General Kilpatrick, moved up Fayetteville street, a Confederate cavalryman, Lieutenant Walsh, of Texas, before his flight halted near the State House and fired several times at Kilpatrick and his staff. His horse falling in his effort to escape, he was captured and taken before Kilpatrick, who ordered him to be immediately hanged. The heartless order was quickly obeyed, and, in a few moments the unfortunate Texan had paid the penalty of his rashness. 3. General Johnston was soon apprised of General Lee's capitulation, and, after conference with President Davis at Greensboro, he resolved to end the war by surrender of his army. To this end, having communicated with General Sher- man, they met on April 18th, at the house of a Mr. Bennett, near Durham, and agreed upon conditions of surrender, sub- CONCLUDING SCENES OF THE WAR. 241 ject to the approval of President Lincoln. Most unhappily for the Southern people, Mr. Lincoln never had an oppor- tunity to express his opinion concerning this military conven- tion ; for he having just been assassinated at Washington by John Wilkes Booth, Andrew Johnson had become President in his place. 4. Mr. Johnson was a North Carolinian by birth. He had lived in Raleigh until he reached manhood and had then emi- grated to Tennessee. In the violent excitement which fol- lowed upon the killing of President Lincoln, Mr. Johuson would not sanction the liberal terms of surrender which General Sherman had granted to General Johnston. General Sherman had been in conference with the deceased statesmau just previous to his death, and was following his directions as to the treatment of the conquered South. 5. Notwithstanding this refusal of the President of the United States to carry out the agreement of the military com- manders, the army of General Johnston was surrendered on April 26th, 1865, and sent home ou parole. 6. General Schofield was made military Governor of North Carolina, and his first official act was a proclamation declar- ing freedom to the slaves in the State. After two centuries of Note. — In the State election of 1860 the total vote polled was 112,586 — the largest that had ever been polled. North Carolina furnished to the Confederacy over 125,000 men, or some 12,500 more soldiers than she had voters. The total number of troops furnished by all the States of the Con- federacy was about 600,000, and it will be seen that North Carolina sup- plied over one-fifth of the entire force raised by the Confederate Govern- ment during the war. At Appomattox, North Carolina surrendered twice as many muskets as did any other State, and at Greensboro more of her soldiers were among the paroled than from any of her sister States. North Carolina's losses by the casualties of the war were largely over 30,000 men. ( Our Living and Our Dead.) 31 242 HISTORY OF NORTH CAROLINA. servitude these people were at last, in the providence of God, delivered from their bondage. It is difficult at this dav to say who were the more blessed in this deliverance — the slaves or their masters. That they should have all along enjoyed their rights of liberty, is now as apparent as the further fact that slave-owners were wasting the bulk of their capital in slave property. 7. It was a hard thing for men who had been reared in the South to realize that their principal species of wealth was founded in injustice; and still harder was it to accept poverty on the strength of a sentiment. Human nature is selfish in all regions, and, that Southern men should have clung to their property is no more than what their opponents would have done had the circumstances been exchanged. It will be diffi- cult for posterity to understand what a mighty revolution in the domestic life of the people was involved in this single act of an army officer. 8. The slaves had been looking forward with hope, since the beginning of the war, that freedom might be in store for them, yet almost all of them had remained in quiet subjection at their homes while the war was progressing. It seemed hard for them to realize, for some time, that they were at last the masters of their own movements. As a general thing, they continued quietly at labor on the farms of their former owners until the crops that were growing were complete in their tillage, or, as they expressed it, " laid by." 9. Governor Vance was soon arrested, and imprisoned in the "old capitol" at Washington. President Davis was also' captured and imprisoned. Mr. Johnson appointed Vance's late political antagonist, W. W. Holden, Provisional Governor, and, at the same time declared every State and county official CONCLUDING SCENES OF THE WAR. w 2 13 in North Carolina functus officio. For some weeks no officer with civil powers was to be seen, and to the commanders of the many Federal posts alone could the peaceful have; looked for protection against violence and fraud. 10. Perhaps in this chaotic period of our State history, when so much political feeling was filling the souls of the people, Mr. Holden was as benevolent in his intentions as any other man who could have been found willing to take the oath and office in North Carolina, under Federal appoint- ment. That he ignored his old friends among the original secessionists was right and proper, in his change of political opinion, for at that period there were many people in the South who considered the leaders of secession as the authors of all the woes of the conquered States. 11. With a magnanimous policy, nothing was easier than for the United States government, then and subsequently, to have created a sentiment of powerful condemnation toward the men who approved the action of South Carolina in her pre- cipitate abandonment of the Union. But President Johnson was filled with an intense desire, as he said, to "make treason odious." The long imprisonment of Mr. Davis, the judicial murders of Mrs. Surratt and Henry Wirz, the protracted exclusion of the Southern States from all participation in the general government, and the harsh policy of reconstruction were to largely justify, in the Southern mind, the men who had attempted to make such things impossible by a total severance of all connection with the country ruled on such principles. ^H'KSTIONS. 1. What movement did General Johnston attempt after the surrender of General Lee? What men met General Sherman's army in behalf of Raleisjh? 244 HISTORY OF NORTH CAROLINA. 2. When did Sherman's army reach Raleigh? What event is men- tioned ? 3. What was done by Johnston after learning of Lee's surrender? What occurred at Washington City? 4. What is said of President Andrew Johnson? How did he act con- cerning the terms of Johnston's surrender? 5. When did General Johnston surrender? O. Who became military Governor of North Carolina? What was his first official act? What is said of the freedom of the slaves? 7. How is the question of slavery further considered? 8. How had the slaves acted during the war? How did they receive the news of freedom? 9. What befel Governor Vance? To what office was W. W. Holden appointed? What was the condition of civil affairs in North Carolina? 10. What is said of Governor Holden? 11. How are the events of this period considered? REFITTING THE WRECK. 245 CHAPTER LVIII. REFITTING THE WRECK. A. D. 1865 TO 1867. When the bulk of the vast armies that had effected the overthrow of the Confederacy was marched northward and disbanded, the full extent of the ruin that had been wrought was at last realized. So many Federal troops had been col- lected in North Carolina that their subsistence and depreda- tions had consumed nearly all the food in the State. There- fore, the utmost scarcity was disclosed in broad districts contiguous to the line of march and occupation by General Sherman's great armies. 2. Grief for the ruined South, the desolated homes and slain kinsmen, was further supplemented by the pangs of want and hunger. Famishing men and women were forced to solicit rations of the Federal officers. Aid was given generally to needy applicants, upon their taking the oath of allegiance to the United States. 3. In the liberation of the slaves came a pervading wreck upon the banks and other fiscal corporations of the State, and, as a consequence, the endowments of the University and the colleges were, to a great extent, forever lost. Even the large Literary Fund, by which the whole system of com- mon schools was sustained, being invested in similar securities, also disappeared in the general bankruptcy. 4. When the Provisional Governor had entered upon the discharge of his official duties, he and the Treasurer discov- ered that North Carolina was reduced to a small supply of 246 HISTORY OF NORTH CAROLINA. cotton as the sum of her available means to discharge the current expenses of the new government. This last resort was seized by the agents of the United States, and, to Gov- ernor Holden's pathetic appeals for its release, the Secretary of the Treasury and President Johnson proved deaf and in- exorable. 5. Not only were the people, but the State authorities, thus reduced to extraordinary expedients to prolong their exist- ence. The numerous Federal garrisons became useless as a means of repressing popular turbulence, for the wretched people had never a thought of further resistance, and were only intent upon finding means of obtaining food. 6. Governor Holden continued Judges Pearson and Battle in their places of Supreme Court Justices, but replaced Judge M. E. Manly by Edwin G. Reade, of Person. By orders from Washington, a proclamation was issued for an election of a Convention to restore the State to its former relations. This body met October 2d, 1865, and selected Judge Reade as its president. Ordinances were passed repeal- ing the secession ordinance of May 20th, 1861, the abolish- ing of slavery, and invalidating all contracts made in futher- ance of the late war. 1866. 7. In the same election, Jonathan Worth, of Ran- dolph, was chosen over Governor Holden as Chief Magis- trate. The State was apparently resuming its autonomy, and was soon to show that some spirit was left in the people. They refused to ratify the ordinances of the late Convention by a decided majority; and, while accepting the situation and submitting in all quietude to the authorities imposed, they were yet resolved to take no part in these constrained reforma- tions. The armies of the Union, with measures adopted by REFITTING THE WRECK. 247 the President and Congress, had liberated the slaves and re- versed the Ordinance of Secession, but the people of the State refused to assume any share in changes they had so long and sternly resisted. 8. The general government had been for four years de- claring the- ordinances of secession, passed by the several States, as null and void. It had been repeatedly announced that no State could thus sever her connection with the Union; but when the legally elected Senators and Representatives from North Carolina reached Washington, they found that this doctrine was reversed, and were told that they could not take part in national legislation until Congress should restore the Southern Commonwealths to their lost privileges. 9. In the Southern elections that were held, every man was required to take oaths of allegiance and for the support of the amended Federal Constitution. Many refused to attend the polls and not a few left the country for foreign lands. A vast majority were resolved to support the Union in good faith, and were satisfied that the results of the war were provi- dential and for the best, but, unhappily, this was not so un- derstood by Thaddeus Stevens and the men who controlled legislation at Washington. They were impressed with the belief that only hostile sentiments actuated Southern white men, and, therefore, the proper policy left to Congress was to confer political power upon the negroes, and in that way establish a new system of rule and social life in the States lately in revolt. 1867. 10. This was a great and cruel mistake in policy. It was not only impossible of execution but was to entail trouble and suffering on both races thus put in antagonism. It could not be expected that the white people living in the 248 HISTORY OF NORTH CAROLINA. .same region with colored rulers would quietly submit to their domination, even if such rulers had been equally intel- ligent and socially respected. When to this was added the late subjection and ignorance of the negroes, it was the most futile and abortive scheme ever proposed in America, and was at war with all the precedents and spirit of the great republic. QUESTIONS. 1. What was the condition of the State after the departure of Federal troops ? 2. How were the people enduring mental and bodily suffering? 3. What had become of the various educational funds? 4. What was the only means by which North Carolina could meet the expenses of the State government? What became of the small supply of cotton ? 5. What else is said of the sad condition of the people? G. What changes did Governor Holden make in the Supreme Court? What orders did the Governor receive from Washington? What was the work of the Convention? 7. Who was chosen to succeed Governor Holden? What political opinions were expressed by the people in their votes? 8. What inconsistencies were observed in the management of affairs at Washington? 9. How did the men of the South feel concerning the laws of Con- gress? Can you tell something of Thaddeus Stevens? 10. How are the events of this period considered? GOVERNOR WORTH AND PRESIDENT JOHNSON. 249 CHAPTER LIX. GOVERNOR WORTH AND PRESIDENT JOHNSON A. D. 1867 TO 1868. President Andrew Johnson, as has been already stated, was born and reared in the city of Raleigh. He went to Ten- nessee after reaching manhood, and, though blessed with small advantages as to early culture, he married, and devoted him- self to the practice of law. He is said to have mastered the rudiments of education with his wife's help. His native ability soon gave him position in the courts, and eventually, great popularity and control over the Tennessee people. 2. He soon relaxed in the severity of his feelings toward the late Confederates, and thereby incurred the resentment of the leaders in the party which had elected him as Vice-Presi- dent. In the bitterness of the mutual recriminations between him and his late friends in Congress, there was, unhappily, evil to result to North Carolina and the South; for, to the old resentments were now added a desire in many men to thwart the President's policy. 3. Governor Worth had ever been marked as a public man by the utmost devotion to the Federal Union. He had constantly opposed the doctrine and necessity of secession. He was now to show his wisdom and attachment to the State of his birth. As Governor, he was continually pressed to secure legal protection for the people against the interference of mili- tary commanders and courts-martial, which were constantly intruding upon the jurisdiction of the State courts. 32 250 HISTORY OF NORTH CAROLINA. 4. Id the ruin of the war, the whole system of education in the common schools had perished in the loss of the Literary Fund. The University still continued its ministrations, but with a diminished faculty and patronage. The colleges, male and female, belonging to the different religious denominations, were re-opened and generally were slowly regaining their former efficiency. 5. In society there was great confusion in the presence of two rival secret societies. These were known as the " Union League" and the "Ku-Klux-Klan." The negroes and a few white men belonged to the former, and, in those sections of North Carolina where the Regulators of old were found, the famous "White Brotherhood/' or Ku-Klux, also became numerous during the years subsequent to the advent of their rivals. 6. Among the first enactments by the Legislature after the war, was the law allowing colored witnesses to testify against or for white parties in courts of justice. This was as great a change in judicial habits as was the adoption of Lord Den- man's act, and evinced a desire to clothe the colored race with ample protection against wrong and intrusion. 7. The agriculture of the period was rapidly advancing in the perfection of its details. Concentrated fertilizers were coming into general use and the area of cotton culture was immensely expanding. The farms were about equally divided as to the style of their management. The best farmers still hired their "hands" and superintended the details of operation in person, but many leased their lands to laborers and furnished the teams and supplies needed by the tenants. 8. Under the sensible and moderate rule then seen in the State, prosperity seemed rapidly returning, but as the United GOVERNOR WORTH AND PRESIDENT JOHNSON. 251 States Congress still refused to allow any representation in that body, there was great and increasing uneasiness as to the terms that would be finally exacted from the South in the pro- posed reconstruction measures. 18(>8. 9. The Convention and elections of 1868 will ever be remembered as the culmination of these troubles among the white people of the South. The act of Congress, passed on February 20th, 1867, was in vain vetoed by the President. It was made the law of the land, and, under its provisions, while twenty thousand white men of North Carolina were deprived of the right to vote, that privilege was extended to every colored male in the State old enough to claim his majority. 10. By orders of General Canby, Governor Holden was again restored to the Chief Magistracy. Governor Worth surrendered the position with a protest, and surveyed, along with many others, the sweeping changes effected by the Con- vention in the organic law of the State. Perhaps of all the innovations, none was so startling as that of the change in pro- cedure and practice in the courts. It was especially distasteful to the older lawyers, who are always conservative and averse to alteration. 11. The Legislature, elected under the recently adopted Constitution, met on January 14th, 1868. It was composed principally of colored men and citizens from the North who had lately taken residence in North Carolina. The reck- less expenditures for railroads and other matters produced the utmost excitement among tax-payers, and soon resulted in such a strain on the State's credit that her obligations became well-nigh worthless in the stock-markets. 252 HISTORY OF NORTH CAROLINA. 12. The year closed in with great apprehensions to all clas- ses in the South. The new State governments were greatly disturbed by the Ku-Klux, and in the pandemonium of bri- bery and corruption developed in the different assemblies was justification for the fears of men, who, in the reckless appro- priations, foresaw ruin to all material interests of the State. 13. In Jones and Robeson counties, life and property were so insecure that extraordinary measures were adopted to extir- pate the bandits who slew and plundered as if no legal restraints were left in the land. The story of Henry Berry Lowry and his "Swamp Angels," is one of the vilest of human records, and in no respect redounds to the credit of North Carolina. That a few mulattoes could, for years, hold an entire community in so much terror, was as astonishing as the career of David Fanning of revolutionary days. QUESTIONS. 1. What is said of President Andrew Johnson ? 2. How did his feelings toward the South undergo a change? What was the result? 3. What is said of Governor Worth ? 4. In what condition were the institutions of learning at this period? 5. What two political secret societies were found in North Carolina? What is said of them? 6. What legislation is mentioned favoring the colored people? 7. How were agricultural matters progressing. How were the farms conducted? 8. What was the general condition of the State. 9. What is said of the Convention of 1868? What law concerning voters had Congress recently passed? 10. Mention some of General Canby's acts. What law was specially objectionable to the lawyers? 11. What is said of the Legislature of 1868? 12. What troubles were seen in the State at the close of this year? 13. How were the counties of Jones and Kobeson particularly unfortu- nate? THE RESULTS OF RECONSTRUCTION. 253 CHAPTER LX. THE RESULTS OF RECONSTRUCTION. A. D. 1868 TO 1870, There was, in North Carolina, no want of indignation at the result of the enforced changes wrought in the polity of the State by means of various congressional enactment. Strangers from other States, and men entirely unused to leg- islation, had effected a large alteration in our ancient Com- monwealth. It was to be expected that such things should prove distasteful to a proud race that had lately withstood, on the field of battle, the possibility of such indignities and innovations. 2. Much of this feeling was natural, and some complaints were well-founded as to unnecessary alteration of existing institutions. The most notable of these was the course pur- sued toward the State University at Chapel Hill. This venerable institution, which had given education to many men of renown, was taken in hand, and, with its new man- agement and faculty, was utterly prostrated as a seat of learn- ing. Its late president, ex-Governor David L. Swain, died shortly after his removal, and silence usurped the halls so long thronged by students from many States. 3. The changes did not stop with the University. The judges of all the courts had been, since 1776, elected by the Legislature. This was altered, so that they were in future to be selected by the votes of the people. The name of the lower branch of the General Assembly, so long known as 254 HISTORY OF NORTH CAROLINA. the House of "Commons," became that of the "Representa- tives." The time of meeting for the Assembly was also altered, and the pay of the members largely increased. 4. In the two years subsequent to the accomplishment of these alterations, there was intense political feeling in North Carolina, as indeed, throughout the whole Republic. Excited debates before the people and in the newspapers led many to believe that sectional animosity would produce a renewal of the late hostilities, but there was never a probability of the recurrence of such a disaster. 1869. 5. Members of the Union League complained of persecution by the Ku-Klux, while the members of that organization denounced the League as the cause of numerous arsons and other acts of violence against white men. Gov- ernor Holden, in repeated proclamations, demanded that vio- lence should cease. Many gin -houses and barns were burned ; both white and colored men were visited at night with vio- lence, and sometimes death. These things were deplored by good citizens, but they continued, in certain sections, until the close of the year 1869. 1870. 6. There had been great improvement as to peace- ful relations for some months, when, in 1870, the election of Attorney-General and members of the General Assembly drew near. Ou the 28th of May, John W. Stephens, then a member of the State Senate for Caswell county, was found murdered in the court-house in Yanceyville. A large con- course filled the house and its surroundings on the day the assassination was accomplished, yet, to this time, it remains a profound mystery as to who committed the crime. 7. It was insisted by Governor Holden and others that Stephens had been murdered by the Ku-Klux, but they pro- THE RESULTS OF RECONSTRUCTION. 255 tested their innocence. The victim, they said was not espe- cially obnoxious to the Brotherhood, and was held in derision rather than hatred among them, therefore, they had no desire nor cause to put him to death. 8. The Legislature had recently enacted what was known as the "Shoffner Bill." This law clothed the Governor with unusual powers, and provided for the calling out and main- tenance of an army whenever the Executive should deem such a course necessary and proper. On the publication of the news of the murder of Mr. Stephens, Governor Holden hastened to carry out the intention of the framers of this statute. Troops were assembled in Raleigh, and one George W. Kirk, of East Tennessee, was created a colonel and put in command of the force. 9. The election was to occur on the first Thursday in Au- gust, In the midst of the excitement attending such an occasion, the Governor issued a proclamation declaring the counties of Alamance and Caswell in a state of insurrection, and, on the 18th day of July, 1870, Colonel Kirk, by orders of his Excellency, marched with his militia for the counties under the bann. 10. In a few days, more than a hundred citizens of Ala- mance, Caswell and Orange were arrested and imprisoned by Kirk and his subordinates. In some instances persons thus seized were hung up by the neck, or otherwise treated with great brutality. Among these prisoners were many men who had been for years of the first respectability as citizens, and were known and honored in every portion of the State. 11. Application was speedily made to Chief Justice Pear- son for a writ of habeas corpus, that Adolphus G. Moore, and others thus imprisoned, might know the cause of their 256 HISTORY OF NORTH CAROLINA. detention and receive the protection of the laws. Judge Pearson granted the writ, but when it was served on Kirk, he said he was acting in accordance with Governor Holden's orders, and refused to obey the command of His Honor. The lawyers of the imprisoned men then asked for further process of the Judge to punish Kirk for his disregard of his orders; but Judge Pearson held that his powers were ex- hausted, as the Governor had ordered Kirk to seize the men, and he would do nothing more. 12. Application was next made to George W. Brooks, of Pasquotank, who was Judge of the United States District Court for North Carolina. He came to Raleigh, and was told by the Governor that if he interfered civil war would ensue; but Judge Brooks was inflexible; and, on August 6th, he ordered Marshall Carrow to notify Colonel Kirk that in ten days his prisoners should be brought before His Honor, at Salisbury. 13. President Grant was asked by the Governor for in- structions; and he informed the Chief Magistrate of North Carolina that he must respect the Federal judiciary. Kirk brought his prisoners as ordered, to Salisbury, and as no crimes were alleged as the cause of their detention, they were all set at liberty, to the unspeakable satisfaction of the dis- tressed multitudes, who had been mourning over the failure of the laws and exhaustion of the judiciary for five weeks past. QUESTIONS. 1. In what way was North Carolina becoming a victim of political laws ? 2. What indignities were forced upon the people in regard to the University? THE RESULTS OF RECONSTRUCTION. 251 ;>. What other changes are mentioned? 4. How was the feeling in the South between the members of the two great political parties? 5. Mention some of the charges made by the "Union League" and •■ Ku-Klux-Klan." <>. What political murder occurred in 1870? What is said of this a flair? 7. Whom did Governor Holden charge with the murder of Stephens? What was the reply of the Ku-Klux? 8. What was the Shoffner Bill?" How did Governor Holden act under the powers? 9. What proclamation was issued by the Governor? What orders were given to Kirk ? 10. Mention some of the acts of Kirk? 11. To whom was application for relief made? Give an account of further proceedings in the matter? 12. To whom was application next made? With what result? 13. What was the conclusion of this matter? ^C ^® Qe00 ®>D*~ :*3 258 HISTORY OF NORTH CAROLINA. CHAPTER LXI. THE IMPEACHMENT OF GOVERNOR HOLDEN. A. D. 1870 TO 1872. The expenditures and imputed corruption of the Legisla- ture of 1868 resulted in a great reversion in the popular vote when the returns were counted in 1870. A large majority of members opposed to the policy recently adopted, were elected to the new Legislature. It was soon perceived that Governor Holden would be held responsible for the scenes of violence enacted in Alamance and Caswell. 2. Nothing can be more important in a civilized govern- ment than protection to the liberty of the people. Even in the royal government of England, for more than two centu- ries the King has had no power to deprive a citizen of the right to be heard in the courts, when restrained by legal pro- cess or otherwise. Both there and in America, nothing but foreign invasion or positive insurrection could justify even Parliament or Congress in suspending the claim to this palla- dium of civil liberty. 3. Upon motion in the House of Representatives, a com- mittee was appointed to inquire into the facts, and soon, arti- cles of impeachment were presented to the Senate, charging the Governor of the State with the commission of "high crimes and misdemeanors/' 1871. 4. By the terms of the State Constitution, this worked a disability in Governor Holden; and Tod R. Cald- well, of Burke, then Lieutenant-Governor, assumed control of the Executive. THE [MPEACHMBNT OF GOVERNOR HOLDEN. 259 5. In a court of impeachment in North Carolina, the Chief- Justice is the president of the body. The members of the Senate are triers, and the House of Representatives act as prosecutors in behalf of the people. 6. Thus, with Judge Pearson presiding, there was a long and deliberate examination as to these charges made against the Chief Magistrate of North Carolina. After hearing state- ments, both by the accusers and respondent, Governor Hol- den was convicted of the charges made against him, deprived of his office, and declared incapable of holding any further honor or dignity in the State. 7. This severe punishment has been seen but in this single instance in all the history of the State, and it attracted con- siderable attention in its progress. It involved great and im- portant issues, and was happily followed by peace and quiet in every portion of the Commonwealth. The two secret politi- cal societies were disbanded, and violence was no longer used to promote the ends of parties. 8. Such a consummation should have long before been reached in North Carolina. That any people can be happy or prosperous when thus divided, is not only improbable, but utterly impossible. All free governments can exist only in the kindness and mutual forbearance of the men and women who constitute the population. Oppression is sure to work evil both to the oppressed and the authors of their wrong. In a free government nothing is so essential as graceful submis- sion to the laws and lawful wishes of the declared majority who rule the State. 9. After eight years' absence, a delegation was again seen in the Federal capital representing the State of North Caro- lina in the councils of the Republic. For two years past, 260 HISTORY OF NORTH CAROLINA. members of Congress had been allowed to participate in the national legislation, and thus an ignominious disability had at last been removed from her Federal relations. A mighty convulsion, that had stirred the nation to its depths, was being slowly hushed into calm by the adoption of wiser and more peaceful methods. A broader nationality was coming alike to the Northern and Southern people, and the wounds of the war were fast healing in the lapse of time. 10. The census of 1870 exhibited vast improvement in many departments of human industry. North Carolina, in the many alterations wrought by the war, was learning the wisdom of diversifying the pursuits of the people. Slowly, public attention was being turned to the opening of new industries. The railroad schemes of 1868 amounted to very little, by reason of the enormous waste and dishonesty of officials entrusted with the funds appropriated, but the West- ern North Carolina, the Raleigh & Augusta, and the Caro- lina Central Railroads, were opening up a new era in the his- tory of such interests in the old North State. 11. With a greatly extended area of production in cotton, there was, besides, an enormous addition of railroad profits from the increase both of travel and freights. As the rail- way lines lenghtened to the west, it was found that they would repay the costs of their construction, and each of the rival political parties pledged itself to the completion of the great Western Road which was to pierce the extreme moun- tain barriers and find outlets into Tennessee, both at Duck- town and the Warm Springs in Madison county. 12. Slowly this great dream of the wise men of the past approaches the day of its accomplishment. A half century has gone by since Dr. Joseph Caldwell and Governor Dudley THE IMPEACHMENT OF GOVERNOR HOLDEN, 26 1 first impressed this scheme upon the public mind as a work of the future. Many years may elapse before all the diffi- culties on the route between Asheville and Ducktown are overcome, but, in other directions, lines already traverse that region, and the hope is entertained of speedy realization of a grand trunk system reaching even into far off Cherokee and her wondrous and valuable mineral deposits. QUESTIONS. 1. How did the deeds of the Legislature of 1868 affect the election of L870? What was seen soon after the election? 2. Can you tell what is said about protection of the liberties of the people? 3. What was done by the House of Representatives? 4. How did these charges affect the Executive Department? 5. What is the method of an impeachment trial in North Carolina? 6. Who presided at the trial of Governor Holden? How did the trial terminate? What was the punishment? 7. What is said of this great trial? What became of the secret political parties? 8. What comments are made upon free governments? 9. What political changes were seen at Washington City? How was the condition becoming better? 10. What is said of industrial pursuits in North Carolina? Of rail- roads? Can you trace the route of these railroads on the map? 11. How was the State being agitated upon the question of internal improvements? 12. What thoughts are given upon this period of advancement? 262 HISTORY OF NORTH CAROLINA. CHAPTER LXII. RESUMPTION OF A UTONOMY. A. D. 1872. In the years that had passed since the close of the war between the States, the people of North Carolina had been con- tinually looking forward to the hoar when the State should be fully restored to its old relations with the Federal govern- ment. In the consummation of the reconstruction policy, inaugurated and carried out by Congress, this had been par- tially attained, but, in the provisions of the Constitution adopted in 1868, there were many particulars that were un- suited to the habits of the people, and amendment was eagerly desired in this respect. 1872. 2. In consequence of the large vote polled in 1870 by the party thus actuated, a bill was introduced and passed bv both branches of the Legislature, calling a Convention to effect such changes ; but it was left to the people to say whether such a body should meet — and a majority of their votes having been cast in disapprobation of the measure, there was no Convention held under this act. 3. Political animosities were being softened by the lapse of time, and general prosperity was fast extending to different sections. Towns and villages were being built along the lines of railroads, and cotton and other factories were continually being added. 4. Just previous to the outbreak of the late war, the Masonic Grand Lodge of North Carolina had reared at Oxford, a large and costly building, which was called "St. RESUMPTION OF AUTONOMY, 263 John's College," and was intended for the education of young men. In 1872 this building was devoted, by the fraternity that had erected it, to the education of the orphan children of North Carolina. This noble charity was placed in the care of John H. Mills, who has abundantly justified the wisdom of those who were parties to his being chosen for so responsi- ble a place. 5. This school, which educates so many who would other- wise grow up in ignorance and vice, is aided now by an annual appropriation from the State, and another from the Grand Lodge of Masons, but on individual contributions of the charitable it is mainly dependent for its support. Perhaps no other charity ever so much enlisted popular sympathy in North Carolina, and none ever more richly repaid the un- selfish contributions of the people. 6. At the period now reached, the University had ceased to be attended as a college. Although the Rev. Solomon Pool was there as its President, the buildings were silent, and the famous seat of learing seemed to have run its course, and was no longer to hold its proud position among American colleges. Trinity College had been, since 1853, to the North Carolina Methodist Conference what Wake Forest was to the Baptist Convention, or Davidson to the Presbyterian Synod. All of these vigorous young gymnasia were developing into unprecedented effectiveness, and hundreds of young men were receiving such intellectual guidance as assured their future usefulness. 7. Among the female seminaries of the State, a new and formidable rival for popular favor was seen in Peace Institute, at Raleigh. This institution, like the Orphan Asylum, had been originated before the war, but, during the years of strife, 264 HISTORY OF NORTH CAROLINA. the building was used as a hospital. Under the administra- tion of Rev. R. Burwell and his son, Mr. John B. Burwell, it became one of the best appointed institutions in all the State, and is even yet continuously growing in public esteem. 8. In the nomination and re-election of General Grant as President of the United States, in 1872, there were many incidents to show the alteration in Southern sentiment. The white men of the South, as a general thing, voted in that con- test for Horace Greeley, of New York. He had been long identified with all the movements that were specially obnox- ious to Southern people, and yet, after so many bitter differ- ences in the fifty years past, the old leader of the Abolitionists became the nominee of the Democrats and received their votes for the Presidency. 9. This strange course, was said by the men engaged in it, to be dictated by the desire on their parts to show that they were not disloyal to the Union, but were willing for "the dead past to bury its dead." 10. It was, indeed, untrue that any considerable portion of the Southern people yet clung to the impossible hope of a separate government. With the close of the war had passed all reason for the existence of another Republic. In the aboli- tion of slavery the States had become uniform in interest, and it was soon patent that it only needed a little time to heal the breaches of the war and restore concord to the two great sections of the mighty American Commonwealth. 11. That sections and even States should continue to listen to the advice of selfish men in their struggles for political preferment was, unhappily, too common. Cunning adventurers well know that men love their prejudices even better than the RESUMPTION OF AUTONOMY. 265 dictates of religion and true political wisdom; and, by pan- dering to such feelings, the demagogues of all ages have proven curses to free governments. 12. But, in the sober second thought of the American peo- ple, there have ever been the highest patriotism and benevo- lence. That hatred and malevolence can continue indefinitely in the relations of the two grand divisions of the Republic, is as impossible as it would be unwise and wicked. Their des- tiny is too grand for the people of America to think of mar- ring it by a continuance of strife. Year by year the traces of blood disappear from the face of the land, and more closely grow the bands that make us a free and united people. QUESTIONS. 1. To what period had the people of North Carolina been looking for- ward since the close of the war? What acts had somewhat prevented the arrival of this desirable state of affairs? 2. What is said of the call for a convention? 3. What social changes were seen? 4. What charitable institution had been opened by the Masons? 5. What is said of the Orphan Asylum? 6. In what condition was the University? What is said of other col- leges? 7. What female school is now mentioned? 8. What political changes were seen in the Presidential campaign of 1872? 9. What did these events show? 10. What was the general position of the people since the close of the war? 11. What men were the chief cause of sectional prejudices continuing to exist? 12. In what characteristics do the American people stand high? Why should all sectional animosities be speedily removed? 34 266 HISTORY OF NORTH CAROLINA. CHAPTER LXIII. THE COTTON TRADE AND FACTORIES. A. D. 1873. 1873. Previous to the introduction of Whitney's cotton gins there had been large attention bestowed by the people of the State upon the cultivation of flax. This crop was never reared for exportation, but for family use at home. Few of the ancient spinning wheels can now be found, but they were once abundant, and the manufacture of home-made linen was common in North Carolina. This was even more the case than is now the preparation of woolen fabrics upon the hand- looms of the families. 2. So soon as the lint cotton was cheaply separated from its seed, the great question of its universal use was solved. It could be so easily produced that no woolen or linen fabrics could hope to compete in the markets of the world. The good women of the State soon learned the economy of buying the cotton warp of the cloth wove at the farm houses, but it was long before even this common domestic necessity was prepared for use in the South. 3. The cotton-yarns were, until about 1840, almost all spun in New England and bought by the merchants in the large cities when laying in their semi-annual supplies of goods for the retail trade. The purchase of slaves and cultivation of cotton so completely absorbed the earnings of the people that no one invested his capital in anything else except perhaps some who preferred real estate for such a purpose. THE COTTON TRADE AND FACTORIES. 267 4. But even before the civil war and the liberation of the slaves, there were wise men who urged the propriety and profit of cotton mills in the South. The capitalists who followed this advice were very few and far between. At length, in 1837, Edwin M. Holt built a mill. He was then of Orange, but lived in what is now Alamance county, on the creek near which the Regulators were defeated. 5. This establishment began work with only five hundred spindles. Mr. Holt gradually added to his works, and, in 1849 began to weave white and plaid domestics. This and the mill of the Battle Brothers, at the Falls of Tar River in Nash county, were the pioneers of their class in the State. 6. Since the war there has been an immense development of this industry. The most remarkable instance of success is seen in the instance of Colonel Thomas M. Holt. He is the son of Edwin M. Holt and had been with his father from the time he left Chapel Hill, in 1851, until, in 1860, he pur- chased the site of the Granite Mills on Haw River. This establishment had been originated by others in 1845, and was called Mt. Ararat, but was worked by a private company till 1857, when a joint stock company bought the property and it was incorporated as "Granite Mills Manufacturing Company." Note. — The cotton mills at the Falls of Tar River in Nash county were established as early as 1817. Joel Battle of Edgecombe, with Peter Evans of that county, and Mr. Donaldson, of Chowan were the proprietors. Mr. Battle bought out the interest of the others and the works afterwards passed into the possession of his son Dossey Battle. Years later, W. S. Battle became the owner of the property, and, under his charge it has remained for more than twenty years. This is a large and important establishment, and contributes greatly to the supplies of the State. This factory was destroyed by Federal soldiers in 1863, and again burned down in 1869. At each rebuilding its capacities were increased, and the present mill is working up about one thousand bales of cotton annually. 268 HISTORY OF NORTH CAROLINA. 7. Colonel Holt saw the advantages of the water-power and location on the North Carolina Railroad, and lavished upon its development all the resources of his judgment and energy. Gradually, the hills upon both sides of the river were covered with the cottages of operatives, until a pretty village sur- rounded the growing buildings of the cotton factory and the beautiful residence of the proprietor. 8. Colonel Holt has shown high executive capacity in his management as President of the State Agricultural Society, but, as the chief of all the cotton manufacturers of North Carolina, he has created a reputation that will ever cause him to be remembered among the benefactors of the Common- wealth. All through the war this mill was growing in size and reputation. In 1870 the large flouring establishment of Frieze & Co. was purchased, and the weaving of colored fabrics began. 9. Thus, step by step, are all great and permanent benefits secured. The Granite Mills have grown year by year in size and excellence of work, but still are added to and rendered more effective. Although now weaving and selling daily five thousand yards of domestics, and supplying, besides this, sixty thousand dollars worth of warps each year, there are being added one hundred and forty looms and three thousand spin- dles to those already in operation. 10. The Holt family, and others, have made Alamance county the seat of the cotton industry in the State. Haw River furnishes power not only to the "Granite Mills," but in its course, also to those of " Swepson," "Carolina," "Saxa- pahaw," and "Glencoe." The Belmont and Alamance Mills, on Great Alamance Creek, and others, render this section unique not only in North Carolina but the whole South. THE COTTON TRADE AND FACTORIES. 269 11. Hundreds of persons are employed in a single one of the cotton mills. In this way not only the wealth but the population of the section is increased by bringing in new settlers. The railways find added employment, and in some cases, as at Haw River Station, private residences are seen that are rural paradises in the beauty and comfort of their appointments. 12. North Carolina has ever been slow to change in the habits of the people. The ways of their forefathers always seem best to most of them until abundant example has shown the wisdom of an innovation. Steam is usurping a place in every species of labor and motion. The great seines of Albe- marle Sound, the printing press, the cotton-gin, and nearly everything else, is obedient to the tireless energies of some such motor. 13. When North Carolina shall have developed her sys- tem of transportation so that the coal and iron mines shall be more largely worked, and when, as now in Vermont, not only cotton but woolen factories shall be found in every section where such staples are produced; then, and not until then, will the civilization of the State be complete. They who merely produce raw material will ever be "hewers of wood and drawers of water" to others who prepare such things for market. Note. — In addition to the cotton factories mentioned in the text, there are also to be found in the State many other establishments of this kind. Among the principal mills are the " Randleman," "Naomi," "Cedar Falls," "Island Ford," and "Columbia,"* all located in Randolph county. There are also factories of considerable importance at Fayetteville. Rockingham and other towns in the State. 270 HISTORY OF NORTH CAROLINA. QUESTIONS. 1. What was a principal crop in North Carolina before the cotton gin was invented? What is said of the cultivation of flax? 2. Why did the production of cotton so rapidly take the place of flax? 3. How did the people invest nearly all their means? 4. What investments had been urged? Who was one of the principal advocates of the cotton factory? 5. What is said of the factories of Mr. Holt and the Battle Brothers? 6. How had the cotton factories grown since the war? Mention some of them? 7. What is said of the Holt factory on Haw River? Can you locate this factory on the map? 8. What further mention is made of Colonel Thomas Holt? 9. W T hat is the present work of the "Granite Mills"? 10. What other cotton factories are found in Alamance county? Can you find their location on the map? 11. How are communities benefited by this industry? 12. Why have not our people entered more largely into this class of industry? 13. What better future prosperity is yet to be attained by the State? DURHAM AND THE TOBACCO FACTORIES. 271 CHAPTER LXIV. DURHAM AND THE TOBACCO FACTORIES. A, D. 1874. Second alone in importance to the State at large, after the cotton factories, are those devoted to the handling and prepa- ration of tobacco for the market. The western powers of Europe had, for many years, realized immense revenues by means of their imports and monopolies of the Virginia weed, before the government of the United States ever realized a dollar from all the vast production of this crop in the dhTerent States. So, too, in North Carolina, enterprize and capital had remained almost completely blind to the possibilities of the situation. 2. Though great qualities of tobacco had been grown in many of the counties, and the soil and climate were suited to the production of the finest and costliest grades, yet, the farm- ers were content to raise such as commanded but humble prices, and but a small proportion of this was prepared for use in the vicinity of its production. In a few villages and on some of the farms, were to be found small factories, which, with the rudest appliances, converted into plugs of chewing tobacco such portions of the crop of the neighborhood as could be probably sold from itinerant wagons. 3. These vehicles were sent to the eastern counties and even to portions of South Carolina and Georgia, to supply the farms and country stores. This traffic continued until the strong arm of the Federal government, by means of " Revenue Laws," was interposed between the pedlers and their ancient 272 HISTORY OF NORTH CAROLINA. profits. The bulk of the crop was sent, before this, to be manufactured at Richmond, Lynchburg and Danville, in Vir- ginia. The fine brands of plug and all smoking tobacco used in North Carolina were received from these cities. 4. During the late war, one J. R. Green lived at the little hamlet known as Durham, which was a station of the North Carolina Railroad. His employment was the preparation and sale of granulated smoking tobacco. He produced an article which had gained considerable local reputation for its excel- lence, when, in April, 1865, he lost several thousand pounds, which the soldiers belonging to the armies under Generals Johnston and Sherman appropriated to their own use. 5. Mr. Green bewailed as a loss what turned out to be a great blessing to him. The tobacco seized was smoked by the men of many States, and it at once became famous by the conjoined testimony of so many disinterested witnesses. It was the speediest and most satisfactory advertisement imagin- able. From that time there has been no trouble in the sale and disposition of any quantity that the genius and enter- prize of Mr. Green's business successors have been able to put upon the market. 6. In 1868 he sold to W. T. Blackwell and J. R. Day, one- half of his interest in the manufacture of what is known as the "Durham Bull" brand of smoking tobacco. Mr. Black- well had abundant experience in the trade, and soon evinced great judgment and capacity for such a business. 7. A year later, upon Green's death, the survivors purchased his interest, and, in 1870, associated as a third partner, Julian S. Carr, of Chapel Hill. Day soon retired, but, in the finan- cial genius of Carr the firm gained all that was needed for the successful conduct of a gigantic trade. To bis fine manage- DURHAM AND THE TOBACCO FACTORIES. 273 ment was committed the difficult duty of financial operations and the opening up of fresh markets. So well has he suc- ceeded that "Blackwell & Co." are now the greatest manu- facturers of smoking tobacco in all the world. Mr. Carr was soon to win a high position as a layman in the Methodist Church, and, perhaps, as wide political endorsement as any man of his age has ever had in the State, who made trade and not politics the business of his life. 8. Inspired by such an example, kindred enterprises w r ere speedily seen in Durham, Winston, Hillsboro, Oxford, Hen- derson, and many other places. Durham, from the two hun- dred inhabitants of 1865, was soon to reach three thousand. A new industry, employing thousands of people, was thus created and added to the list of the State's resources. 9. Even faster than the growth of the town has been that of the firm that may really be regarded as its founders. Like the fame of Gatlin and his revolving gun, the " Durham Bull " is heard of and has his effigies beyond the seas. From the nominal production of 1870, their sales now exceed four million pounds of tobacco, besides the countless cigarettes, the manufacture of which has been recently added as a branch of their productions. Some estimate of the greatness of their operations may be inferred, when it is known that the amount paid as internal revenue much exceeds the entire taxation, State and county, paid by North Carolina before the year 1848. 10. If he who adds to the number of grass blades is a public benefactor, then the creators of new industries and towns may well claim consideration along with the warrior and statesman. In many towns and vast productions are modern States enabled to sustain the great and costly appli- 35 274 HISTORY OF NORTH CAROLINA. ances of our new civilization. With the railroad and factory, come population and those advantages that can never be enjoyed by the people who lack numbers and wealth. Note. — In addition to the cotton, tobacco and other factories mentioned in preceding chapters, there is, in some of the western counties, large capital invested in mills for the manufacture of woolen yarns and cloth. Among the principal factories of this kind are the large establishments at Salem and Bethania, in Forsyth county. This is a growing industry from which satisfactory profits are realized. QUESTIONS. 1. What other great industry is now considered? What is said of the tobacco markets before this period? 2. What had been the production iir North Carolina? What quantities were prepared for sale? 3. What is said of the tobacco pedlers? 4. What is said of Mr. Green and his factory at Durham? 5. How did Mr. Green's losses prove a blessing to him? 6. Who became associated with him in 1868? What is said of the firm? 7. What further change was made in the firm in 1869 and 1870? What is said of the new partner? 8. How did the great success of this tobacco factory affect other com- munities? 9. What further mention is made of Durham and its factories? 10. Why should the people be well informed of such successful enter- prises as those just mentioned? PROGRESS OF MATERIAL DEVELOPMENT. 275 CHAPTER LXV. PROGRESS OF MATERIAL DEVELOPMENT. A. D. 1874 TO 1878. The enormous increase in the amount and quality of cotton grown in North Carolina since the late war, has been depend- ent upon the use of various fertilizers and other appliances of a better cultivation of the soil. The old habit of educated men, in committing their plantations and slaves to the manage- ment of overseers, has been almost wholly abandoned. Many individuals of the largest culture are now devoting their time and skill to the discovery of improved methods in agriculture, and North Carolina is reaping a golden harvest thereby. 2. About the year 1878 the example of the Federal gov- ernment and that of certain Northern States, induced Colonel Leonidas L. Polk, who had been recently made the State Commissioner of Agriculture, to establish a fish hatchery at the mouth of Salmon Creek in Bertie county. This estab- lishment has hatched and liberated a very large number of shad and other varieties of fish, and valuable returns are seen in some of the rivers that have been in this manner replen- ished with this savory and abundant source of food. It has been satisfactorily demonstrated by Seth Green, of New York, and other naturalists, that fish which are spawned in fresh water and reared at sea, almost invariably seek the place of their birth in the spring, when they reach maturity. 3. In addition to this artificial increase of the supply of fish, there have been large additions made to the means of their capture. The use of steam in the handling of the long 276 HISTORY OF NORTH CAROLINA. seines, and the great weirs known as " Dutch Nets" have opened the way to an indefinite increase of the amount taken, while the use of ice and rapid transportation make it possible to deliver the fish fresh in the markets of the western cities. 4. This trade is also supplemented in the same region by much attention to the growth and sale of vegetables. All the requirements as to position, soil and climate are abundantly filled by the counties with alluvial soils along the sea-coast. Heavy crops of Irish potatoes and garden peas are reared on the same land which, later in the year, supplies a second crop of cotton and corn. 5. In the same eastern counties, the products of the farms have been increased by a large and rapidly extending area devoted to the production of pea-nuts and high-land rice. With the exception of a limited supply of the former article, grown above Wilmington by Nicholas Nixon and his neigh- bors, there was seen in other communities only a few small patches for the use of the family, but with no design of sale or shipment. In many eastern counties the fields of pea- nuts are, of late years, almost as abundant as thoseof cotton. The same history belongs to the high-land rice. This great staple of human diet is rapidly becoming a favorite crop, and mills for its preparation are fast making their appearance in different localities. 6. Nowhere else in the State has there been so great an increase in trade as in the city of Wilmington. Many ships from foreign ports began to visit Cape Fear River, and, from different cities in other States, regular lines of steam packets were established, which greatly facilitated the means of com- munciation. The mercantile establishments of DeRosset & Sons, Worth & Worth, Williams & Murchison, Kerchner & PROGRESS OF MATERIAL. DEVELOPMENT. 277 Calder Brothers, and others were leaders in commercial circles, and were instrumental in building up the great and growing traffic of this, the largest city in the State. . 7. Great and repeated appropriations were made from time to time by the United States Congress, for the improvement of Cape Fear and other water-courses in North Carolina. The closing of New Inlet is believed by Mr. Henry Nutt, and the Wilmington people, to be entirely efficacious in the effort to deepen the approach by way of the river's mouth. A stone barrier of great length and stability shuts off the flow of water, except past Fort Caswell, and the happiest results are already realized. 8. In the instance of New Bern, another shipping point of importance had been largely developed in the years since the close of the war. There, too, was the terminus of prosperous freight lines, employing many large steam vessels that yet ply regularly between Neuse River and cities beyond the borders of the State. In this city, George Allen, Colonel John D. Whitford and other active and intelligent men have largely augmented the activity of its market. A great trade in lum- ber and garden produce is improved by cotton and other factories, that add largely to the population and means of the city. 1876. 9. In this state of advancement as to her material interests, North Carolina again became excited, in 1876, over the choice of new men for Chief Magistrates, both of the Republic and the State. 10. After eight years of service as President of the United States, General Grant was to retire to private life, and Gov- ernor Brogden, who had succeeded Governor Caldwell upon the death of the latter, in 1874, was also near the end of his 278 HISTORY OF NORTH CAROLINA. services as Governor of North Carolina. No gubernatorial election was ever more exciting to the State. It resulted in the choice of ex-Governor Z. B. Vance over Judge Thomas Settle of the Supreme Court. 1877. 11. North Carolina had been for years in full pos- session of the blessings of home rule, but this had not been the case with all of the Southern States. In the complica- tions which resulted in the seating of Governor Hayes as President of the United States, there was such a change effected that the Federal army was no longer employed to uphold the reconstructed officials in Louisiana and South Carolina, and the people of these States, at last, were left to the manage- ment of their own affairs. With this consummation so long and devoutly wished, came that peace and contentment to all sections which had been unknown since 1861. QUESTIONS. 1. How have the agricultural pursuits of the State been benefited. 2. What new enterprise was inaugurated in 1878 ? What has been the results of the hatchery? What fact has been proven concerning fish? 3. What is said of the improvement in the means of catching fish ? 4. What other species of trade is found in the eastern counties? 5. What is said of the production of pea-nuts ? 6. Can you tell something of the growth and trade of Wilmington? 7. How has the navigation of the Cape Fear Eiver been improved? 8. What other sea-port city is now mentioned? What is said of its commercial interests. 9. How was the State excited in 1876? 10. What was the result of this election ? 11. What is said of the events of the past few years? THE CAPITAL CITY AND ITS IlECENT GROWTH. 279 CHAPTER LXVI. THE CAPITAL CITY AND ITS RECENT GROWTH. A. D, 1878. 1878. No employment, except agriculture, exceeds in im- portance that of the merchant. North Carolina is shut off from foreign commerce by the sand barriers on the coast. Only at Beaufort, on Old Topsail Inlet, can be found such an entrance to internal waters as promises safety to the mariner who would approach with his deep-laden vessel. But, while this has precluded the possibility of great commercial activity in North Carolina, there has not been a lack of men, at any period of our history, to illustrate the dignity and importance of legitimate traffic. Cornelius Harnett and Joseph Hewes were as conspicuous for financial success as they were for patriotism during the Revolution. 2. With the return of peace to the belligerent States, North Carolina was commercially prostrate. The merchants and the banks w r ere almost all ruined in the general impoverishment of their debtors. The supply of cotton which remained on hand at the cessation of hostilities, was about all that had been left in the general wreck, upon which trade could be again commenced with parties at a distance. 3. Raleigh had never been recognized as a trade centre. A few stores on Fayetteville street, between the State-House and where the Federal building now stands, were the repre- sentatives of their class in the city. Cotton was very little grown in that region of the State, and no market for its sale had ever existed nearer than Norfolk and Petersburg. 280 HISTORY OF NORTH CAROLINA. 4. But this state of affairs was not to continue. Numbers of young men, combining great energy and judgment with small capital, came to the city and began the work of expand- ing its trade and resources. It has not, like Durham, risen up in a few years from almost nothing, but so great a change has been wrought, that the story of its growth is one of the most striking incidents in the State's history. 5. The extension of the railway lines has opened up new custom in many counties that had never previously dealt with merchants of the place, and the enterprise of such houses as those of the Tucker Brothers; A. Creech; Yeargan, Petty & Co.; Julius Lewis & Co.; T. H. Briggs &Sons; R. B. An- drews & Co., has extended Raleigh's trade to all points of the compass. In the instance of the great retail dry goods firm composed of W. H. H. and R. S. Tucker, an old house now grown historic in the land, special prominence has been won. This establishment was founded in 1818, by two brothers, Ruffin and William Calson Tucker. They were young, and only possessed one hundred and twenty-five dollars as capital. They opened their store in a small wooden building situated on the exact spot where the elegant brick edifice now stands. 6. This building was erected in 1867, by the present firm, and was the first of the kind built in the city. In spite of heavy losses by the war, they re-established their business upon a far greater basis than ever before. The occasion was made memorable in the delivery of an oration by ex-Gov- ernor Swain. The Messrs. Tucker have both been liberally educated, and thus gave token of their broad views by dedi- cating to public uses a much-needed assembly room, in the commodious "Tucker Hall." THE CAPITAL CITY AND ITS RECENT GROW III. 281 7. In the progress of the State, no greater change has been seen in the habits of the people than in the matter of the apparel of men and boys. As early as 1847, E. L. Harding established in Raleigh, just below what is now Tucker Hall, a depot of ready-made clothing, but the almost unbroken custom of that day, and still later, was to wear clothes that had been spun, woven and made up on the farms or by tailors in the towns of the State. Since the close of the war, almost all classes of men have dressed from supplies prepared in the great cities. 8. The firm of R. B. Andrews & Co. are the pioneers in this branch of trade, and yet remain the largest dealers of the kind in North Carolina. Mr. Andrews was in the house as a clerk before the war, and re-opened it on the return of peace. He was joined by Mr. Seymour W. Whiting in 1878. Under wise management, the business has constantly grown, until a building two hundred and ten feet long and five stories high has become necessary to meet the exigencies of the firm, whose trade has become immense in its proportions. 9. Another one of the most successful merchants of Raleigh is Alexander Creech. In the early days of 1850 this mer- cantile establishment was opened with a stock of dry goods, and the business has been continued for more than thirty years, with only a slight interruption during the late war. The development of the city as a cotton market induced Mr. Creech to give special attention to the wholesale branch of his business, and in this respect also, he has achieved a remarka- ble success. This house has gradually expanded in the volume of its trade until it has reached unprecedented mag- nitude. 36 282 HISTORY OF NORTH CAROLINA. 10. In the sum of the city's growth and inprovement another important factor is seen in the development of the hard- ware establishments. The large and elegant building occu- pied by the builders, Messrs. Thomas H. Briggs & Sons, is the seat of the oldest representative of this class. No man has done more for the enlargement and adornment of the city than the senior member, in his employment as architect and contractor; and the hardware trade, which was originally subservient to his other engagements, has grown into a large and lucrative traffic. 11. The kindred establishments of Julius Lewis & Co. and J. C. Brewster & Co. of Raleigh, also Hart & Bailey in Wilmington, George Allen in Newbern, and others, are worthy rivals in this important accessory to human wants and industry. Among the varied and wonderous natural resources of North Carolina, are coal and iron mines, that render possi- ble the establishment of forges and lathes, and the building up of new Birminghams and Sheffields in our midst. 12. The development of commerce and manufactures is the great hope of the "Old North State." The enterprise and capital of this and other communities are seeking oppor- tunities of investment, and the day is fast coming when North Carolina will rival Pennsylvania in the variety and excellence of her manufactures. The "Cotton Exchange" of Raleigh is aiding very largely in building up the business of the city to vast proportions. The quantity of cotton sold in Raleigh has been rapidly increasing annually since the war, and the receipts for the year 1880 amounted to over seventy-six thousand bales. In 1869 the entire product of the State was only one hundred and forty-five thousand bales. 13. In all the towns and cities of North Carolina may be found a considerable number of Israelites, engaged in the THE CAPITAL CITY AND ITS RECENT GROWTH. 283 various branches of trade; and this class of our citizens has added no little to the general growth and material prosperity of the State. They have synagogues at Wilmington, Char- lotte, Raleigh, Goldsboro and New Bern. Note.— Another one of the important industries of the State is the manufacture of paper. The "Falls of Neuse Paper Mill," situated near Raleigh, was organized in 1854, and has been almost constantly worked since that time. Just after the close of hostilities, in 1865, this mill had the contract of supplying the printing paper used by three great New York daily newspapers: the Herald, the Tribune and the Times. Other large paper mills were established in Cleveland and Lincoln counties in 1866, and are all in full operation. The daily and weekly newspapers of North Carolina are now largely supplied with printing papers by the mills of the State. The first paper mill in North Carolina was erected near Hillsboro, in 1778; the second one was built at Salem, in 1789, by Gotleib Shober. QUESTIONS. 1. What are the most important employments in a State ? What is some of North Carolina's commercial advantages? 2. What was the financial condition of the people at the close of the war ? 3. What is said of Raleigh as a trade centre ? 4. In what way did trade matters begin to improve at the capital ? 5. What business houses are mentioned ? What is said of the growth of the Tuckers ? 6. What further mention is made of this firm ? 7. What other branch of business is next described? 8. What is said of R. B. Andrews & Co.? 9. Can you tell something of Alexander Creech's dry goods establish- ment ? 10. Give an account of the growth of the hardware house of Briggs & Sons. 11. What other hardware firms are mentioned? What is said of the State's natural resources? 12. What else is said of North Carolina's commercial prospects ? What advantages has Raleigh derived from the Cotton Exchange ? 13. What is said of the Israelites ? 284 HISTORY OF NORTH CAROLINA. CHAPTER LXVII. THE RAILROADS AND NEW TOWNS. A. D. 1879. 1879. The Raleigh & Gaston Railroad originally con- nected the two places that gave name to the route. It was necessary, in reaching Raleigh from the Albemarle region, to go to Weldon, and then, by the Petersburg Railroad, the junc- tion in Greenville county, Virginia, gave access by a short line to Gaston. It was not until about 1853 that the Raleigh & Gaston route was extended directly down the Roanoke River to Weldon. This was a great facility to both trade and traffic on this important line, yet twenty years elapsed in the pro- gress of internal communication before this short link could be added. 2. A great trunk line, extending east and west through the whole length of the State, has been long a favorite scheme of many statesmen in the effort to build up a sea-port at Beaufort. But, in the progress of the late war it became all-important to the Confederate government to tap the North Carolina road at Greensboro, in order that troops and military freights might be speedily conveyed to Petersburg and Richmond by way of Danville. The new road to Clarksville was stript of its iron to supply this route, and has never recovered from that act of spoliation. 3. The completion of the lines leading from Charlotte to Wilmington, Charlotte to Statesville, from Raleigh to Hamlet, the Yadkin Valley from Fayette ville to Greensboro, and the Western North Carolina Road from Salisbury to Asheville, THE RAILROADS AND NEW TOWNS. 285 and the Paint Rock have enormously increased the facilities for traffic and travel in tire State. In addition to these lines, new routes from Jamesville to Washington, from Rocky Mount to Tarboro, from Norfolk to Elizabeth City and Edenton, and from Henderson to Oxford have also been recently added to the railway system. 4. The road from Winston to Greensboro has resulted in the creation of a city alongside of ancient Salem which is in every respect the compeer of Durham in the swiftness of its growth and the amount of its trade and manufactures. Wins- ton, Durham and Reidsville have arisen almost like magic, and are expanding into such importance that Charlotte, Salisbury and Greensboro have all felt the consequences of their growth in trade and population. 5. The city of Charlotte has greatly prospered and has become important for its large trade and railway interests. Perhaps nowhere else in the State have the citizens of a city shown greater enterprise. Its merchants, lawyers and editors have all won the respect and admiration of other communities, and have raised their city to such prosperity that it is now rapidly becoming a rival of Wilmington and Raleigh and taking place in the front rank among North Carolina's empo- riums. Note. — One of the most remarkable scenes ever witnessed in North Carolina was the famous centennial anniversary of the signing of the Mecklenburg Declaration. It filled Charlotte with thousands of visitors, among whom were the Governors of several States, and many other dis- tinguished American citizens. Ex-Governor W. A. Graham, Judge John Kerr, Governor Brogden and others delivered orations, and the citizen- soldiers of the State were gathered to do honor to an event "that had made Charlotte forever sacred to history and song." This occurrence was, of course, on May 20th, 1875, and just one hundred years later than the con- course ordered bv Colonel Thomas Polk. 286 HISTOKY OF NORTH CAROLINA. 6. Fayetteville, Asheville and Statesville have also afforded remarkable instances of thrift and expansion in the busy latter years of our State history. Asheville, besides being a favorite resort as a watering place, supplements its summer festivities with large numbers of visitors avoiding the rigors of winter months elsewhere. It is becoming a railway centre and is fast developing a large and lucrative trade. 7. The tendency toward the erection of manufactories, and the recent influx of foreign immigrants, are happy auguries for the continued prosperity and growth of towns in the State. The wondrous diversity of products of the soil, the extent of the forests and the richness of the mines, all combine to demonstrate the ease with which the success of other American States can be rivalled in our own. 8. Already the mountains have been pierced by the rail- way from Salisbury. Other lines from Virginia, South Caro- lina and Tennessee are being constructed, so that every por- tion even of the mountainous region will soon be within easy reach of the markets of the world. The Cranberry Iron ores, the matchless Mica quarries and the Corundum deposits, are all being made available to commerce, and will realize valuable returns for the capital employed upon them. 9. Not the least remarkable among the new industries of the western counties is the collection and shipment of Gin- seng and other valuable medical roots and herbs. A firm in Statesville, Wallace & Co., have been, for years past, employ- ing large capital in this business, which seems capable of indefinite extension. The preparation of dried fruits is another lucrative addition to the resources of the same region. 10. Years ago, attention was called to the fact that at cer- tain elevations in the mountains there was no frost to be seen THE RAILROADS AND NEW TOWNS. 287 at any period of the year; and this immunity has been turned to valuable account by the fruit growers, and now great orchards are found in many parts of the western counties, and the shipments of very fine apples show the cultivation given to them. 11. North Carolina is not only the original habitation of the scuppernong grape, but also of the luscious Catawba. This latter fine fruit which has proven so valuable to the nurseries of Cincinnati, is at home in this latitude, and Colonel Wharton J. Green, at the Tokay Vineyard, and others, have shown the excellence of the wines manufactured in our midst. 12. Colonel Nicholas- Williams, of Yadkin county, was, before 1861, famous for the production of a stronger bever- age, derived from rye and corn; and many distilleries have been continued in the western counties, in spite of the gov- ernment regulations that carry so many men as culprits to the Federal prisons. The offenders, known as "Moonshiners," are those who make and sell whisky without paying the United States for a license in the trade. These transgressors of the law have for years been hunted like Italian bandits, and not unfrequently blood has been shed in defence of the hidden distilleries. QUESTIONS. 1. What is the subject of this lesson? What is said of the extension of the Raleigh & Gaston Railroad? Go to the map and point out this road? 2. What favorite trunk line has long been desired? What road was specially important to the Confederate government? Point out this road on the map. 3. What roads are mentioned as haying been recently completed? Point out these on the map. 4. What towns are now mentioned, and what is said of their growth? Locate them on the map? 288 HISTORY OF NORTH CAROLINA. 5. What is said of the prosperity of the city of Charlotte ? 6. What mention is made of Fayetteville, Asheville and Statesville? Find these towns on the map? 7. What have been the causes of the rapid growth of the towns in the State? 8. What further prosperity is noticed. 9. What other industry is described ? Can you tell anything of this valuable production? (Teacher will explain.) 10. What is said of the western fruit growers? 11. What excellent varieties of grape are natives of North Carolina? What is said of the Catawba grape? 12. What is mentioned of the manufacture of stronger liquors? LITERATURE AND AUTHORS. 289 CHAPTER LXVIII. LITERATURE AND AUTHORS. A. D, 1880. 1880. It would seem natural that the connection of Sir Walter Raleigh with the history of North Carolina should have redounded to the literary tendencies of a people blessed with such a eod-father. He was so full of genius and devotion to letters, that a special impetus ought thereby to have been given to the cultivation of a similar spirit among those who were to inhabit the land of his love. But, though Hariot, Lawson, and quaint Dr. Brickell were moved with such a spirit, the muses have not made the Old North State very remarkable in this respect. 2. North Carolina has always been, since its settlement, the home of some highly cultivated people, but all the while the mass of the population has possessed but little knowledge of books. This fact has been a great discouragement to the production of authors. Professions are not eagerly sought when not encouraged by the sympathy and support of the public. The absence of schools and learning has led to public apathy as to books, and, in many regions, even to this day, not even a newspaper is read except by men few and far between. 3. In the period just preceding the revolt from British rule, Edward Moseley and Samuel Swann had been succeeded by men who possessed better literary opportunities, and were more devoted to general* culture than had been these two able 37 290 HISTORY OF NORTH CAROLINA. and accomplished lawyers. Moseley, with every acquirement, could never bring to any of his many controversies with Gov- ernor Pollock and others, such flowers of rhetoric as Judge Maurice Moore lavished upon his famous "Attieus Letter/' 4. That production was just such an attack upon Governor Tryon, for his conduct toward the Regulators, as, a few years later, immortalized the English writer, who is to this day only known by his signature, "Junius." When Judge Moore and his compeer, Cornelius Harnett, were growing old, William Hooper, Archibald Machine, and the first James Iredell were young lawyers, who travelled to all the Superior Courts in the State and mingled belles-lettres largely with their inspec- tions of Coke and the new lectures of Dr. Blackstone. 5. No man or woman then in North Carolina wrote books as a profession, but the copious correspondence of that day, which yet survives, and upon which fifty cents were paid as postage for each letter, proves that what was called "polite literature" engaged much of their attention. They made fine speeches, and Judge Iredell wrote a law-book and frequent dissertations for the newspapers; but, beyond this, and an occasional pamphlet, no literary tasks were undertaken. 6. Dr. Hugh Williamson was a man of similar habits. He was not only a skillful physician, but served with credit as a college professor, and a member of the Convention at Phila- delphia which formed the Federal Constitution, and he was also a member of the United States Congress. After ceasing to be a citizen of this State, he undertook to write its history; but achieved very moderate success as an author. 7. In the lapse of years, this task was again undertaken by Judge Francois Xavier Martin. He came from France when a boy, and practiced law for seventeen years at New LITERATURE AND AUTHORS. 291 Bern. His compilation of the statutes and history of North Carolina were invaluable labors, and will ever render him memorable in our annals. His dry statement of facts was generally correct, and he fell into very few errors, considering that he was the first to attempt anything like a full record of the State's past; and this was accomplished in his new home in Louisiana. 8. Joseph Sea well Jones was a remarkable man in many respects. He was brilliant in social life, and became well- known to the literary and fashionable circles of New York and Washington. His love for North Carolina was intense, and the "Defense" he wrote exhibits both talent and research. His infirmities of temper impaired his judgment, but his memory should ever be cherished in his native State for the services he rendered. After the gay scenes of his early man- hood, he spent many years on a Mississippi plantation. His last book was entitled "My Log Cabin in the Prairie." 9. Early in the present century, the literary aspects of the State were brightened by men who had attended as students on Dr. Joseph Caldwell's ministrations at Chapel Hill. His tendencies were all so practical that scientific and mechanical development was more encouraged than lighter subjects, but Hardy B. Croom, Joseph A. Hill, Judge A. D. Murphy, and Rev. Drs. William Hooper and Francis L. Hawks were early distinguished for the elegance of their literary acquirements. 10. Judge William Gaston left just enough literary memo- rials to cause us to regret that he did not attempt more things of the kind. His ode to Carolina, and certain orations, will never be forgotten. Judge Robert Strange was also possessed of similar gifts. Philo Henderson, Walker Anderson, and Abraham F. Morehead were largely gifted in poetic power. 292 HISTORY OF NORTH CAROLINA. Each of them, at rare intervals, indulged in compositions that show what might have been accomplished had they been authors by profession and not mere literary amateurs. 11. Colonel John H. Wheeler and Rev. Dr. Calvin H. Wiley have both executed tasks that will render their names household words for ages to come. The historical contribu- tions of the former are of the greatest possible value, and are highly prized in every portion of the State. Rev. Drs. Hub- bard, Foote, Hawks and Caruthers, and ex-Governors Graham and Swain have each been large contributors to the same cause. Rev. Dr. Charles F. Deems and the lamented Edwin W. Fuller added much to the fame of our writers. Pro- fessors Richard Sterling and William Bingham have contri- buted excellent educational text-books, which do great credit to the talented authors. The recent "History of Rowan County," by Rev. Jethro Rumple, is both pleasing and valu- able as a tribute to our local traditions. 12. In addition to the authors mentioned, there have been other members of the Bar of North Carolina who have pro- duced legal works of very great importance and value, not only to our own practitioners, but also to lawyers of other States. The most prominent writers of this class of literature were James Iredell, Edward Cantwell, Benjamin Swaim, William Eaton, Jr., B. F. Moore, S. P. Olds, William H. Battle and Quentin Busbe. The State shall never assume or pay, or authorize the collection of any debt or obligation, express or implied, incurred in aid of insurrec- tion or rebellion against the United States, or any claim for the loss or emancipation of any slave; nor shall the General Assembly assume or pay, or authorize the collection of any tax to pay either directly or indirectly, expressed or implied, any debt or bond incurred, or issued, by authority of the Convention of the year one thousand eight hundred and sixty-eight, nor any debt or bond incurred, or issued, by the Legis- lature of the year one thousand eight hundred and sixty-eight, either at its special session of the year one thousand eight hundred and sixty- eight, or at its regular sessions of the years one thousand eight hun- dred and sixty-eight and one thousand eight hundred and sixty-nine, and one thousand eight hundred and sixty-nine and one thousand eight hundred and seventy, except the bonds issued to fund the interest on •the old debt of the State, unless the proposing to pay the same shall have first been submitted to the people, and by them ratified by the vote of a majority of all the qualified voters of the State, at a regular election held for that purpose. Sec. 7. No man or set of men are entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services. Sec. 8. The legislative, executive and supreme judicial powers of the government ought to be forever separate and distinct from each other. Sec. 9. All power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people, is inju- rious to their rights, and ought not to be exercised. Sec. 10. All elections ought to be free. Sec. 11. In all criminal prosecutions, every man has the right to be informed of the accusation against him and to confront the accusers and CONSTITUTION OF NORTH CAROLINA. 309 witnesses with other testimony, and to have counsel for his defence, and not he compelled to give evidence against himself, or to pay costs, jail fees, or necessary witness fees of the defence, unless found guilty. Sec. 12". No person shall be put to answer any criminal charge, except as hereinafter allowed, but by indictment, presentment or impeachment. Sec. 13. No person shall be convicted of any crime, but by the unanimous verdict of a jury of good and lawful men in open court. The Legislature may, however, provide other means of trial for petty misdemeanors, with the right of appeal. Sec. 14. Excessive bail should not be required, nor excessive fines im- posed, nor cruel or unusual punishments inflicted. Sec. 15. General warrants, whereby any officer or messenger may be commanded to search suspected places, without evidence of the act com- mitted, or to seize any person or persons not named, whose offence is not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted. Sec. 16. There'shall be no imprisonment for debt in this State, except in cases of fraud. Sec. 17. No person ought to be taken, imprisoned or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty or property, but by the law of the land. Sec. 18. Every person restrained of his liberty is entitled to a remedy to enquire into the lawfulness thereof, and to remove the same, if unlawful ; and such remedy ought not to be denied or delayed. Sec. 19. In all controversies at law respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable. Sec. 20. The freedom of the press is one of the great bulwarks of lib- erty, and therefore ought never to be restrained, but every individual shall be held responsible for the abuse of the same. Sec. 21. The privileges of the writ of habeas corpus shall not be sus- pended. Sec. 22. As political rights and privileges are not dependent upon, or modified by property, therefore no property qualification ought to affect the right to vote or hold office. Sec. 23. The people of the State ought not to be taxed, or made subject to the payment of any impost or duty, without the consent of themselves, or their representatives in General Assembly, freely given. 310 APPENDIX. Sec. 24. A well regulated militia being necessary to the security of a free State, the right of the people to keep and - bear arms shall not be infringed ; and, as standing armies in time of peace are dangerous to lib- erty, they ought not to be kept up, and the military should be kept under strict subordination to, and governed by, the civil power. Nothing herein contained shall justify the practice of carrying concealed weapons, or pre- vent the Legislature from enacting penal statutes against said practice. Sec. 25. The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the Legis- lature for redress of grievances. But secret political societies are danger- ous to the liberties of a free people, and should not be tolerated. Sec. 26. A1J men have a natural and unalienated right to worship Almighty God according to the dictates of their own consciences, and no human authority should, in any case whatever, control or interfere with the rights of conscience. Sec. 27. The people have the right to the privilege of education, and it is the duty of the State to guard and maintain that right. Sec. 28. For redress of grievances, and for amending and strengthening the laws, elections should be often held. Sec. 29. A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty. Sec. 30. No hereditary emoluments, privileges or honors ought to be granted or conferred in this State. Sec. 31. Perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed. Sec. 32. Ketrospective laws, punishing acts committed before the exist- ence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty, wherefore no ex post facto law ought to be made. No law taxing retrospectively sales, purchases, or other acts previously done, ought to be passed. Sec. 33. Slavery and involuntary servitude, otherwise than for crime, whereof the parties shall have been duly convicted, shall be, and are hereby, forever prohibited within the State. Sec. 34. The limits and boundaries of the State shall be and remain as they now are. Sec. 35. All courts shall be open; and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delav. CONSTITUTION OF NORTH CAROLINA. 311 Sec. 36. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law. Sec. 37. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers not herein delegated remain with the people. ARTICLE II. LEGISLATIVE DEPARTMENT. Section 1. The legislative authority shall be vested in two distinct branches, both dependent on the people, to-wit: A Senate and House of Representatives. Sec. 2. The Senate and House of Representatives shall meet biennially on the first Wednesday after the first Monday in January next after their election; and when assembled shall be denominated the General Assembly. Neither House shall proceed upon public business unless a majority of all the members are actually present. Sec. 3. The Senate shall be composed of fifty Senators, biennially chosen by ballot. Sec. 4. The Senate Districts shall be so altered by the General Assembly, at the first session after the return of every enumeration by order of Con- gress, that each Senate District shall contain, as near as may be, an equal number of inhabitants, excluding aliens and Indians not taxed, and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a Senate District, unless such county shall be equitably entitled to two or more Senators. Sec. o. The House of Representatives shall be composed of one hundred and twenty Representatives, biennially chosen by ballot, to be elected by the counties respectively, according to their population, and each county shall have at least one Representative in the House of Representatives, although it may not contain the requisite ratio of representation; this apportionment shall be made by the General Assembly at the respective times and periods when the districts for the Senate are hereinbefore directed to be laid off. Sec. 6. In making the apportionment in the House of Representatives, the ratio of representation shall be ascertained by dividing the amount of the 312 APPENDIX. population of the State, exclusive of that comprehended within those counties which do not severally contain the one hundred and twentieth part of the population of the State, by the number of Representatives, less the number assigned to such counties; and in ascertaining the number of the popula- tion of the State, aliens and Indians not taxed shall not be included. To each county containing the said ratio, and not twice the said ratio, there shall be assigned one Representative; to each county containing twice but not three times the said ratio, there shall be assigned two Representatives, and so on progressively, and then the remaining Representatives shall be assigned severally to the counties having the largest fractions. Sec. 7. Each member of the Senate shall not be less than twenty-five years of age, shall have resided in the State as a citizen two years, and shall have usually resided in the district for which he is chosen, one year immediately preceding his election. Sec. 8. Each member of the House of Representatives shall be a quali- fied elector of the State, and shall have resided in the county for which he is chosen, for one year immediately preceding his election: Sec. 9. In the election of all officers, whose appointment shall be con- ferred upon the General Assembly by the Constitution, the vote shall be viva voce. Sec. 10. The General Assembly shall have power to pass general laws regulating divorce and alimony, but shall not have power to grant a divorce or secure alimony in any individual case. Sec. 11. The General Assembly shall not have power to pass any private law to alter the name of any person or to legitimate any person not born in lawful wedlock, or to restore to the rights of citizenship any person con- victed of an infamous crime, but shall have power to pass general laws regulating the same. Sec. 12. The General Assembly shall not pass any private law, unless it shall be made to appear thirty days' notice of application to pass such a law shall have been given, under such directions and in such manner as shall be provided by law. Sec 13. If vacancies shall occur in the General Assembly by death, resignation or otherwise, writs of election shall be issued by the Governor under such regulations as may be prescribed by law. Sec. 14. No law shall be passed to raise monev on the credit of the State, or to pledge the faith of the State, directly or indirectly, for the pay- ment of any debt, or to impose any tax upon the people of the State, or to allow the counties, cities or towns to do so, unless the bill for the purpose CONSTITUTION OF NORTH CAROLINA. 313 shall have been read three several times in each House of the General Assembly, and passed three several readings, which readings shall have been on three different days, and agreed to by each House respectively, and unless the yeas and nays on the second and third reading of the bill shall have been entered on the journal. Sec. 15. The General Assembly shall regulate entails in such manner as to prevent perpetuities. Sec. 16. Each House shall keep a journal of its proceedings, which shall be printed and made public immediately after the adjournment of the General Assembly. Sec. 17. Any member of either House may dissent from, and protest against, any act or resolve, which he may think injurious to the public, or any individual, and have the reason of his dissent entered on the journal. Sec. 18. The House of Representatives shall choose their own Speaker and other officers. Sec. 19. The Lieutenant Governor shall preside in the Senate, but shall have no vote unless it may be equally divided. Sec. 20. The Senate shall choose its other officers and also a Speaker {pro tempore) in the absence of the Lieutenant Governor, or when he shall exercise the office of Governor. Sec. 21. The style of the acts shall be: "The General Assembly of North Carolina do enact." Sec. 22. Each House shall be judge of the qualifications and elections of its own members, shall sit upon its own adjournment from day to day, pre- pare bills to be passed into laws; and the two Houses may also jointly adjourn to any future day, or other place. Sec. 23. All bills and resolutions of a legislative nature shall be read three times in each House, before they pass into laws; and shall be signed by the presiding officers of both Houses. Sec. 24. Each member of the General Assembly, before taking his seat, shall take an oath or affirmation, that he will support the Constitution and laws of the United States, and the Constitution of the State of North Caro- lina, and will faithfully discharge his duty as a member of the Senate or House of Representatives. Sec. 25. The terms of office for Senators and members of the House of Representatives shall commence at the time of their election. Sec. 26. Upon motion made and seconded in either House, by one-fifth of the members present, the yeas and nays upon any question shall be taken and entered upon the journals. 40 314 APPENDIX. Sec. 27. The election for members of the General Assembly shall be held for the respective districts and counties, at the places where they are now held, or may be directed hereafter to be held, in such manner as may be prescribed by law, on the first Thursday in August, in the year one thousand eight hundred and seventy, and every two years thereafter. But the General Assembly may change the time of holding the elections. Sec. 28. The members of the General Assembly for the term for which they have been elected, shall receive as a compensation for their services the sum of four dollars per day for each day of their session, for a period not exceeding sixty days; and should they remain longer in session, they shall serve without compensation. They shall also be entitled to receive ten cents per mile, both while coming to the seat of government and while returning home, the said distance to be computed by the nearest line or route of public travel. The compensation of the presiding officers of the two Houses shall be six dollars per day and mileage. Should an extra session of the General Assembly be called, the members and presiding officers shall receive a like rate of compensation for a period not exceeding twent} 7 days. ARTICLE III. EXECUTIVE DEPARTMENT. Section 1. The Executive Department shall consist of a Governor, in whom shall be vested the supreme executive power of the State, a Lieu- tenant Governor, a Secretary of State, an Auditor, a Treasurer, a Superin- tendent of Public Instruction, and an Attorney General, who shall be elected for a term of four years, by the qualified eiectors of the State, at the same time and place, and in the same manner as members of the Gen- eral Assembly are elected. Their term of office shall commence on the first day of January next after their election, and continue until their suc- cessors are elected and qualified: Provided, That the officers first elected shall assume the duties of their office ten days after the approval of this Constitution by the Congress of the United States, and shall hold their offices four years from after the first day of January. Sec. 2. No person shall be eligible as Governor or Lieutenant Governor, unless he shall have attained the age of thirty years, shall have been a citizen of the United States five years, and shall have been a resident of this State for two years next before the election; nor shall the person CONSTITUTION OF NORTH CAROLINA. 315 elected to either of these two offices be eligible to the same office more than four years in any term of eight years, unless the office shall have been cast upon him as Lieutenant Governor or President of the Senate. Sec. 3. The return of every election for officers of the Executive Depart- ment shall be sealed up and transmitted to the seat of government by the returning officers, directed to the Speaker of the House of Representatives, who shall open and publish the same in the presence of a majority of the members of both Houses of the General Assembly. The persons having the highest number of votes respectively shall be declared duly elected; but if two or more be equal and highest in votes for the same office, then one of them shall be chosen by joint ballot of both Houses of the General Assembly. Contested elections shall be determined by a joint ballot of both Houses of the General Assembly, in such manner as shall be pre- scribed by law. Sec. 4. The Governor, before entering upon the duties of his office, shall, in the presence of the members of both branches of the General Assembly, or before any Justice of the Supreme Court, take an oath or affirmation that he will support the Constitution and laws of the United States, and of the State of North Carolina, and that he will faithfully perform the duties appertaining to the office of Governor to which he has been elected. Sec. 5. The Governor shall reside at the seat of government of this State, and he shall, from time to time, give the General Assembly information of the affairs of the State, and recommend to their consideration such meas- ures as he shall deem expedient. Sec. 6. The Governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offences (except in cases of impeach- ment), upon such conditions as he may think proper, subject to such regu- lations as may be provided by law relative to the manner of applying for pardons. He shall biennially communicate to the General Assembly each case of reprieve, commutation or pardon granted, stating the name of each convict, the crime for which he was convicted, the sentence and its date, the date of commutation, pardon or reprieve, and the reasons therefor. Sec. 7. The officers of the Executive Department and of the public institutions of the State, shall, at least five days previous to each regular session of the General Assembly, severally report to the Governor, who shall transmit such reports, with his message, to the General Assembly ; and the Governor may, at any time, require information in writing from the officers in the Executive Department upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed. 316 APPENDIX. Sec. 8. The Governor shall be Commander-in-Chief of the militia of the State, except when they shall be called into the service of the United States. Sec. 9. The Governor shall have power on extraordinary occasions, by and with the advice of the Council of State, to convene the General As- sembly in extra session by his proclamation, stating therein the purpose or purposes for which they are thus convened. Sec. 10. The Governor shall nominate, and by and with the advice and consent of a majority of the Senators elect, appoint all officers, whose offices are established by this Constitution, and whose appointments are not otherwise provided for. Sec. 11. The Lieutenant Governor shall be President of the Senate, but shall have no vote unless the Senate be equally divided. He shall, whilst acting as President of the Senate, receive for his services the same pay which shall, for the same period, be allowed to the Speaker of the House of Representatives; and he shall receive no other compensation except when he is acting as Governor. Sec. 12. In case of the impeachment of the Governor, his failure to qualify, his absence from the State, his inability to discharge the duties of his office, or, in case the office of Governor shall in anywise become vacant, the powers, duties and emoluments of the office shall devolve upon the Lieutenant Governor until the disabilities shall cease, or a new Gov- ernor shall be elected and qualified. In every case in which the Lieu- tenant Governor shall be unable to preside over the Senate, the Senators shall elect one of their own number President of their body; and the powers, duties and emoluments of the office of Governor shall devolve upon him whenever the Lieutenant Governor shall, for any reason be pre- vented from discharging the duties of such office as above provided, and he shall continue as acting-Governor until the disabilities are removed, or a new Governor or Lieutenant Governor shall be elected and qualified. Whenever, during the recess of the General Assembly, it shall become necessary for the President of the Senate to administer the government, the Secretary of State shall convene the Senate, that they may elect such President. Sec. 13. The respective duties of the Secretary of State, Auditor, Treas- urer, Superintendent of Public Instruction and Attorney General, shall be prescribed by law. If the office of any of the officers shall be vacated by death, resignation or otherwise, it shall be the duty of the Governor to appoint another until the disability be removed or his successor be elected CONSTITUTION OF NORTH CAROLINA. 317 and qualified. Every such vacancy shall be filled by election at the first general election that occurs more than thirty days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term fixed in the first section of this Article. Seo. 14. The Secretary of State, Auditor, Treasurer and Superintendent of Public Instruction shall constitute, ex officio, the Council of State, who shall advise the Governor in the execution of his office, and three of whom shall constitute a quorum; their advice and proceedings in this capacity, shall be entered in a journal to be kept for this purpose exclusively, and signed by the members present, from any part of which any member may enter his dissent; and such journal shall be placed before the General Assembly when called for by either House. The Attorney General shall be, ex officio, the legal adviser of the Executive Department. Sec. 15. The officers mentioned in this Article shall, at stated periods, receive for their services a compensation to be established by law, which shall neither be increased nor diminished during the time for which they shall have been elected, and the said officers shall receive no other emolu- ment or allowance. Sec. 16. There shall be a seal of the State, which shall be kept by the Governor, and used by him, as occasion may require, and shall be called "the Great Seal of the State of North Carolina." All grants and commis- sions shall be issued in the name and by the authority of the State of North Carolina, sealed with "the Great Seal of the State," signed by the Governor and countersigned by the Secretary of State. Sec. 17. The General Assembly shall establish a Department of Agri- culture, Immigration and Statistics, under such regulations as may best promote the agricultural interests of the State, and shall enact laws for the adequate protection and encouragement of sheep husbandry. ARTICLE IV. JUDICIAL DEPARTMENT. Section 1. The distinctions between actions at law and suits in equity, and the forms of all such actions and suits, shall be abolished; and there shall be in this State but one form of action, for the enforcement or protec- tion of private rights or the redress of private wrongs, which shall be denominated a civil action; and every action prosecuted by the people of 318 APPENDIX. the State as a party, against a person charged with a public offence, for the punishment of the same, shall be termed a criminal action. Feigned issues shall also be abolished, and the fact at issue tried by order of Court before a jury. Sec. 2. The judicial power of the State shall be vested in a Court for the trial of Impeachments, a Supreme Court, Superior Courts, Courts of Jus- tices of the Peace, and such other courts inferior to the Supreme Court as may be established by law. Sec. 3. The Court for the trial of Impeachments shall be the Senate. A majority of the members shall be necessary to a quorum, and the judgment shall not extend beyond removal from, and disqualification to hold office in this State ; but the party shall be liable to indictment and punishment according to law. Sec. 4. The House of Eepresentatives solely shall have the power of impeaching. No person shall be convicted without the concurrence of two- thirds of the Senators present. When the Governor is impeached the Chief Justice shall preside. Sec. 5. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act, or on confesssion in open court, No convic- tion of treason or attainder shall work corruption of blood or forfeiture. Sec. 6. The Supreme Court shall consist of a Chief Justice and two Associate Justices. Sec. 7. The terms of the Supreme Court shall be held in the City of Raleigh, as now, until otherwise provided by the General Assembly. Sec. 8. The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the courts below, upon any matter of law or legal inference. And the jurisdiction of said Court over "issues of fact" and "questions of fact" shall be the same exercised by it before the adoption of the Constitution of one thousand eight hundred and sixty-eight, and the Court shall have the power to issue any remedial writs necessary to give it a general supervision and control over the proceedings of the inferior Courts. Sec. 9. The Supreme Court shall have original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory; no process in the nature of execution shall issue thereon ; they shall be reported to the next session of the General Assembly for its action. CONSTITUTION OF NORTH CAROLINA. 319 Sec. 10. The State shall be divided into nine judicial districts, for each of which a Judge shall he chosen; and there shall he held a Superior Court in each county at least twice in each year, to continue for such time in each county as may be prescribed by law. But the General Assembly may reduce or increase the number of districts. Sec. 11. Every Judge of the Superior Court shall reside in the district for which he is elected. The Judges shall preside in the Courts of the different districts successively, but no Judge shall hold the Courts in the same district oftener than once in four years; but in the case of the pro- tracted illness of the Judge assigned to preside in any district, or of any other unavoidable accident to him, by reason of which he shall be unable to preside, the Governor may require any Judge to hold one or more speci- fied terms in said district, in lieu of the Judge assigned to hold the Courts of the said district. Sec. 12. The General Assembly shall have no power to deprive the Judicial Department of any power or jurisdiction which rightfully pertains to it as a co-ordinate department of the government; but the General Assembly shall allot and distribute that portion of this power and jurisdic- tion, which does not pertain to the Supreme Court, among the other courts prescribed in this Constitution or which may be established by law, in such manner as it may deem best ; provide also a«proper system of appeals ; and regulate by law, when necessary, the methods of proceeding in the exercise of their powers, of all the courts below the Supreme Court, so far as the same may be done without conflict with other provisions of this Consti- tution. Sec. 13. In all issues of fact, joined in any court, the parties may waive the right to have the same determined by a jury; in which case the finding of the Judge upon the facts shall have the force and effect of a verdict by a jury. Sec. 14. The General Assembly shall provide for the establishment of Special Courts, for the trial of misdemeanors, in cities and towns, where the same may be necessary. Sec. 15. The Clerk of the Supreme Court shall be appointed by the Court, and shall hold his office for eight years. Sec. 16. A Clerk of the Superior Court for each county shall be elected by the qualified voters thereof, at the time and in the manner prescribed by law for the election of members of the General Assembly. Sec. 17. Clerks of the Superior Courts shall hold their offices for four years. 320 APPENDIX. Sec. 18. The General Assembly shall prescribe and regulate the fees, salaries and emoluments of all officers provided for in this Article ; but the salaries of the Judges shall not be diminished during their continuance in office. Sec. 19. The laws of North Carolina, not repugnant to this Constitution, or the Constitution and laws of the United States, shall be in force until lawfully altered. Sec. 20. Actions at law, and suits in equity, pending when this Constitu- tion shall go into effect, shall be transferred to the Courts having jurisdic- tion thereof, without prejudice by reason of the change; and all such actions and suits commenced before, and pending at the adoption by the General Assembly of the rules of practice and procedure herein provided for, shall be heard and determined according to the practice now in use, unless otherwise provided for by said rules. Sec. 21. The Justices of the Supreme Court shall be elected by the quali- fied voters of the State, as is provided for the election of members of the General Assembly. They shall hold their offices for eight years. The Judges of the Superior Courts, elected at the first election under this amendment, shall be elected in like manner as is provided for Justices of the Supreme Court, and shall hold their offices for eight years. The Gen- eral Assembly may, from time to time, provide by law that the Judges of the Superior Courts, chosen at succeeding elections, instead of being elected by the voters of the whole State, as is herein provided for, shall be elected by the voters of their respective districts. Sec. 22. The Superior Courts shall be, at all times, open for the transac- tion of all business within their jurisdiction, except the trial of issues of fact requiring a jury. Sec. 23. A Solicitor shall be elected for each Judicial District by the qualified voters thereof, as is prescribed for members of the General Assembly, who shall hold office for the term of four years, and prosecute on behalf of the State, in all criminal actions in the Superior Courts, and advise the officers of justice in his district. Sec. 24. In each county a Sheriff and Coroner shall be elected by the qualified voters thereof, as is prescribed for members of the General Assem- bly, and shall hold their offices for two years. In each township there shall be a Constable elected in like manner by the voters thereof, who shall hold his office for two years. When there is no Coroner in the county, the Clerk of the Superior Court for the county may appoint one for special CONSTITUTION OF NORTH CAROLINA. 321 eases. In case of a vacancy existing for any cause, in any of the offices created by this section, the Commissioners for the county may appoint to such office for the unexpired term. Sec. 25. All vacancies occurring in the offices provided for by this Article of the Constitution shall be filled by the appointments of the Gov- ernor, unless otherwise provided for, and the appointees shall hold their places until the next regular election for members of the General Assem- bly, when elections shall be held to fill such offices. If any person, elected or appointed to any of said offices, shall neglect and fail to qualify, such office shall be appointed to, held and filled as provided in case of vacancies occurring therein. All incumbents of said offices shall hold until their successors are qualified. Sec. 26. The officers elected at the first election held under this Consti- tution shall hold their offices for the terms prescribed for them respectively, next ensuing after the next regular election for members of the General Assembly. But their terms shall begin upon the approval of this Consti- tution by the Congress of the United States. Sec. 27. The several Justices of the Peace shall have jurisdiction, under such regulations as the General Assembly shall prescribe, of civil actions founded on contract, wherein the sum demanded shall not exceed two hun- dred dollars, and wherein the title to real estate shall not be in contro- versy; and of all criminal matters arising within their counties where the punishment cannot exceed a fine of fifty dollars, or imprisonment for thirty days. And the General Assembly may give to Justices of the Peace juris- diction of other civil actions, wherein the value of the property in contro- versy does not exceed fifty dollars. When an issue of fact may be joined before a Justice, on demand of either party thereto, he shall cause a jury of six men to be summoned, who shall try the same. The party against whom judgment shall be rendered in any civil action, may appeal to the Superior Court from the same. In all cases of a criminal nature, the party against whom judgment is given may appeal to the Superior Court, where the matter shall be heard anew. In all cases brought before a justice, he shall make a record of the proceedings, and file the same with the Clerk of the Superior Court for his county. Sec. 28. When the office of Justice of the Peace shall become vacant otherwise than by expiration of the term, and in case of a failure by the voters of any district to elect, the Clerk of the Superior Court for the county shall appoint to fill the vacancy for the unexpired term. 41 322 APPENDIX. Sec. 29. In case the office of Clerk of a Superior Court for a county shall become vacant otherwise than by the expiration of the term, and in case of a failure by the people to elect, the Judge of the Superior Court for the county shall appoint to fill the vacancy until an election can be regularly held. Sec. 30. In case the General Assembly shall establish other courts infe- rior to the Supreme Court, the presiding officers and clerks thereof shall be elected in such manner as the General Assembly may from time to time prescribe, and they shall hold their offices for a term not exceeding eight years. Sec. 31. Any Judge of the Supreme Court, or of the Superior Courts, and the presiding officers of such courts inferior to the Supreme Court, as may be established by law, may be removed from office for mental or physi- cal inability, upon a concurrent resolution of two-thirds of both Houses of the General Assembly. The Judge or presiding officer against whom the General Assembly may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either House of the General Assem- bly shall act thereon. Sec. 32. Any Clerk of the Supreme Court, or of the Superior Courts, or of such courts inferior to the Supreme Court, as may be established by law, may be removed from office for mental or physical inability ; the Clerk of the Supreme Court by the Judges of said courts, the Clerks of the Superior Courts by the Judge riding the district, and the Clerks of such courts inferior to the Supreme Court, as may be established by law, by the presiding officers of said courts. The Clerk against whom pro- ceedings are instituted, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least ten days before the day appointed to act thereon, and the Clerk shall be entitled to an appeal to the next term of the Superior Court, and thence to the Supreme Court, as provided in other cases of appeals. Sec. 33. The amendments made to the Constitution of North Carolina by this Convention shall not have the effect to vacate any office or term of office now existing under the Constitution of the State, and filled, or held, by virtue of any election or appointment under the said Constitution, and the laws of the State made in pursuance thereof. CONSTITUTION OF NORTH CAROLINA. 323 ARTICLE V. REVENUE AND TAXATION. Section 1. The General Assembly shall levy a capitation tax on every male inhabitant of the State over twenty-one and under fifty years of age, which shall be equal on each to the tax on property valued at three hun- dred dollars in cash. The Commissioners of the several counties may exempt from capitation tax in special cases, on account of poverty and infirmity, and the State and county capitation tax combined shall never exceed two dollars on the head. Sec. 2. The proceeds of the State and county capitation tax shall be applied to the purposes of education and the support of the poor, but in no one year shall more than twenty-five per cent, thereof be appropriated to the latter purpose. Sec. 3. Laws shall be passed taxing, by a uniform rule, all moneys, credits, investments in bonds, stocks, joint-stock companies or otherwise; and, also, all real and personal property, according to its true value in money. The General Assembly may also tax trades, professions, franchises, and incomes, provided that no income shall be taxed when the property from which the income is derived is taxed. Sec. 4. Until the bonds of the State shall be at par, the General Assem- bly shall have no power to contract any new debt or pecuniary obligation in behalf of the State, except to supply a casual deficit, or for suppressing invasion or insurrection, unless it shall in the same bill levy a special tax- to pay the interest annually. And the General Assembly shall have no power to give or lend the credit of the State in aid of any person, associa- tion, or corporation, except to aid in the completion of such railroads as may be unfinished at the time of the adoption of this Constitution, or in which the State has a direct pecuniary interest, unless the subject be sub- mitted to a direct vote of the people of the State, and be approved by a majority of those who shall vote thereon. Sec. 5. Property belonging to the State or to municipal corporations, shall be exempt from taxation. The General Assembly may exempt ceme- teries, and property held for educational, scientific, literary, charitable, or religious purposes; also, wearing apparel, arms for muster, household and kitchen furniture, the mechanical and agricultural implements of mechanics and farmers; libraries and scientific instruments, or any other personal property, to a value not exceeding three hundred dollars. 324 APPENDIX. Sec. 6. The taxes levied by the Commissioners of the several counties for county purposes, shall be levied in like manner with the State taxes, and shall never exceed the double of the State taxes, except for a special pur- pose, and with the special approval of the General Assembly. Sec. 7. Every act of the General Assembly levying a tax, shall state the special object to which it is to be applied, and it shall be applied to no other purpose. ARTICLE VI. SUFFRAGE AND ELIGIBILITY TO OFFICE. Section 1. Every male person born in the United States, and every male person who has been naturalized, twenty-one years old or upward, who shall have resided in the State twelve months next preceding the election, and ninety days in the county in which he offers to vote, shall be deemed an elector. But no person, who, upon conviction or confession in open court, shall be adjudged guilty of felony, or any other crime infamous by the laws of this State, and hereafter committed, shall be deemed an elector, unless such person shall be restored to the rights of citizenship in a man- ner prescribed by law. Sec. 2. It shall be the duty of the General Assembly to provide, from time to time, for the registration of all electors ; and no person shall be allowed to vote without registration, or to register, without first taking an oath or affirmation to support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith. Sec. 3. All elections by the people shall be by ballot, and all elections by the General Assembly shall be viva voce. Sec. 4. Every voter, except as hereinafter provided, shall be eligible to office ; but before entering upon the discharge of the duties of his office, he shall take and subscribe the following oath: "I, , do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office. So help me God." Sec. 5. The following classes of persons shall be disqualified for office : First, All persons who shall deny the being of Almighty God. Second, CONSTITUTION OF NORTH CAROLINA. 325 All persons who shall have been convicted of treason, perjury, or of any other infamous crime, since becoming citizens of the United States, or of corruption, or mal-practice in office, unless such person shall have been legally restored to the rights of citizenship. ARTICLE VII. MUNICIPAL CORPORATIONS. Section 1. In each county, there shall be elected biennially by the quali- fied voters thereof, as provided for the election of members of the General Assembly, the following officers: a Treasurer, Register of Deeds, Surveyor and five Commissioners. Sec. 2. It shall be the duty of the Commissioners to exercise a general supervision and control of the penal and charitable institutions, schools, roads, bridges, levying of taxes and finances of the county, as may be pre- scribed by law. The Register of Deeds shall be, ex officio, Clerk of the Board of Commissioners. Sec. 3. It shall be the duty of the Commissioners first elected in each county, to divide the same into convenient districts, to determine the boundaries and prescribe the name of the said districts, and to report the same to the General Assembly before the first day of January, one thousand eight hundred and sixty-nine. Sec. 4. Upon the approval of the reports provided for in the foregoing section, by the General Assembly, the said districts shall have corporate powers for the necessary purposes of local government, and shall be known as townships. Sec. 5. In each township there shall be biennially elected, by the quali- fied voters thereof, a Clerk and two Justices of the Peace, who shall con- stitute a Board of Trustees, and shall, under the supervision of the county Commissioners, have control of the taxes and finances, roads and bridges of the townships, as may be prescribed by law. The Generally Assembly may provide for the election of a larger number of the Justices of the Peace in cities and towns, and in those townships in which cities and towns are situated. In every township there shall also be biennially elected a School Committee, consisting of three persons, whose duty shall be pre- scribed by law. 326 APPENDIX. Sec. 6. The Township Board of Trustees shall assess the taxable property of their townships and make return to the County Commissioners for revision, as may be prescribed by law. The Clerk shall be, ex officio, treasurer of the township. Sec. 7. No county, city, town, or other municipal corporation shall con- tract any debt, pledge its faith, or loan its credit, nor shall any tax be levied, or collected by any officers of the same, except for the necessary expenses thereof, unless by a vote of the majority of the qualified voters therein. Sec. 8. No money shall be drawn from any county or township treasury, except by authority of law. Sec. 9. All taxes levied by any county, city, town, or township, shall be uniform and ad valorem, upon all property in the same, except property exempted by this constitution. Sec. 10. The county officers first elected under the provisions of this Article, shall enter upon their duties ten days after the approval of this Constitution by the Congress of the United States. Sec. 11. The Governor shall appoint a sufficient number of Justices of the Peace in each couhty, who shall hold their places until sections four, five and six of this Article shall have been carried into effect. Sec. 12. All charters, ordinances and provisions relating to municipal corporations shall remain in force until legally changed, unless inconsistent with the provisions of this Constitution. Sec. 13. No county, city, town or other municipal corporation shall assume to pay, nor shall any tax be levied or collected for the payment of any debt, or the interest upon any debt, contracted directly or indirectly in aid or support of the rebellion. Sec. 14. The General Assembly shall have full power by statute to modify, change, or abridge any and all of the provisions of this Article, and substitute others in their place, except sections seven, nine and thirteen. AETICLE VIII. CORPORATIONS OTHER THAN MUNICIPAL. Section 1. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases CONSTITUTION OF NORTH CAROLINA. 327 where, in the judgmentof the Legislature, the object of the corporations cannot be attained under general laws. All general laws and special acts, passed pursuant to this section, may he altered from time to time, or repealed. Sec. 2. Dues from corporations shall be secured by such individual lia- bilities of the corporations and other means, as may be prescribed by law. Sec. 3. The term corporation, as used in this Article, shall be construed to include all associations and joint-stock companies, having any of the powers and privileges of corporations, not possessed by individuals or part- nerships. And all corporations shall have the right to sue, and shall be subject to be sued in all courts, in like cases as natural persons. Sec. 4. It shall be the duty of the Legislature to provide for the organi- zation of cities, towns and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent abuses in assessment and in contracting debts by such municipal corporations. ARTICLE IX. EDUCATION. Section 1. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of educa- tion shall forever be encouraged. Sec. 2. The General Assembly, at the first session under this Constitu- tion, shall provide by taxation and otherwise, for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years. And the children of the white race and the children of the colored race shall be taught in separate public schools; but there shall be no discrimi- nation in favor of, or to the prejudice of either race. Sec. 3. Each county of the State shall be divided into a convenient number of districts, in which one or more public schools shall be main- tained at least four months in every year ; and if the Commissioners of any county shall fail to comply with the aforesaid requirements of this section they shall be liable to indictment. 328 APPENDIX. Sec. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by this State or the United States; also, all moneys, stocks, bonds, and other property, now belonging to any State fund for purposes of education; also, the net proceeds of all sales of the swamp lands belonging to the State, and all other grants, gifts or devises, that have been or hereafter may be made to the State, and not otherwise appropriated by the State, or by the term of the grant, gift or devise, shall be paid into the State treasury ; and, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establish- ing and maintaining in this State a system of free public schools, and for no other uses or purposeses whatsoever. Sec. 5. All moneys, stocks, bonds, and other property, belonging to a county school fund; also, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the State; and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and remain in the several counties, and shall be faithfully appropriated for establishing and maintain- ing free public schools in the several counties of this State: Provided, That the amount collected in each county shall be annually reported to the Superintendent of Public Instruction. Sec. 6. The General Assembly shall have power to provide for the election of Trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, franchises and endowments thereof, in anywise granted to or conferred upon the Trustees of said Uni- versity ; and the General Assembly may make such provisions, laws and regulations from time to time, as may be necessary and expedient for the maintenance and management of said University. Sec. 7. The General Assembly shall provide that the benefits of the University, as far as practicable, be extended to the youth of the State free of expense for tuition ; also, that all the property which has heretofore accrued to the State, or shall hereafter accrue, from escheats, unclaimed dividends, or distributive shares of the estates of deceased persons, shall be appropriated to the use of the University. Sec. 8. The Governor, Lieutenant Governor, Secretary of State, Treas- urer, Auditor, Superintendent of Public Instruction and Attorney General, shall constitute a State Board of Education. Sec. 9. The Governor shall be President, and the Superintendent of Public Instruction shall be Secretary of the Board of Education. CONSTITUTION OF NORTH CAROLINA. 329 Sec. 10. The Board of Education shall succeed to all the powers and trusts of the President and Directors of the Literary Fund of North Caro- lina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools and the educational fund of the State; but all acts, rules and regulations of said Board may be altered, amended or repealed by the General Assembly, and when so altered, amended or repealed, they shall not be re-enacted by the Board. Sec. 11. The first session of the Board of Education shall be held at the capitol of the State, within fifteen days after the organization of the State government under this Constitution ; the time of future meetings may be determined by the Board. Sec. 12. A majority of the Board shall constitute a quorum for the transaction of business. Sec. 13. The contingent expenses of the Board shall be provided by the General Assembly. Sec. 14. As soon as practicable after the adoption of this Constitution, the General Assembly shall establish and maintain, in connection with the University, a department of Agriculture, of Mechanics, of Mining, and of Normal Instruction. Sec. 15. The General Assembly is hereby empowered to enact that every child, of sufficient mental and physical ability, shall attend the public schools during the period between the ages of six and eighteen years for a term of not less than sixteen months, unless educated by other means. ARTICLE X. HOMESTEADS AND EXEMPTIONS. Section 1. The personal property of any resident of this State, to the value of five hundred dollars, to be selected by such resident, shall be, and is hereby exempted from sale under execution, or other final process of any court issued for the collection of any debt. Sec. 2. Every homestead, and the dwellings and buildings used there- with, not exceeding in value one thousand dollars, to be selected by the owner thereof, or in lieu thereof, at the option of the owner, any lot in a city, town or village, with the dwelling and buildings used thereon, owned and occupied by any resident of this State, and not exceeding the value of 42 330 APPENDIX. one thousand dollars, shall be exempt from sale under execution, or other final process obtained on any debt. But no property shall be exempt from sale for taxes, or for payment of obligations contracted for the purchase of said premises. Sec. 3. The homestead, after the death of the owner thereof, shall be exempt from the payment of any debt during the minority of his children or any one of them. Sec. 4. The provisions of sections one and two of this Article shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming such exemption, or a mechanic's lien for work done on the premises. Sec. 5. If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt from the debts of her husband, and the rents and profits thereof shall inure to her benefit during her widowhood, unless she be the owner of a homestead in her own right. Sec. 6. The real and personal property of any female in this State, acquired before marriage, and all property, real and personal, to which she may, after marriage, become in any manner entitled, shall be and remain the sole and separate estate and property of such female, and shall not be liable for any debts, obligations or engagements of her husband, and may be devised and bequeathed, and with the written assent of her husband, conveyed by her as if she was unmarried. Sec. 7. The husband may insure his own life for the sole use and bene- fit of his wife and children, and in the case of the death of the husband, the amount thus insured shall be paid over to the wife and children, or to the guardian, if under age, for her, or their own use, free from all the claims of the representatives of her husband, or any of his creditors. Sec. 8. Nothing contained in the foregoing sections of this Article shall operate to prevent the owner of a homestead from disposing of the same by deed ; but no deed made by the owner of a homestead shall be valid with- out the voluntary signature and assent of his wife, signified on her private examination according to law. AKTICLE XT. PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES. Section 1. The following punishments only shall be known to the laws of this State, viz: death, imprisonment, with or without hard labor, fines, CONSTITUTION OF NORTH CAROLINA. 331 removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under this State. The foregoing provisions for imprisonment with hard labor shall be construed to authorize the employment of such convict labor on public works, or highways, or other labor for public benefit, and the farming out thereof, where, and in such manner as may be provided by law; but no convict shall be farmed out who has been sentenced on a charge of murder, manslaughter, rape, attempt to commit rape or arson : Provided, That no convict whose labor may be farmed out, shall be punished for any failure of duty as a laborer, except by a responsible officer of the State; but the convicts so farmed out shall be at all times under the super- vision and control, as to their government and discipline, of the Peniten- tiary Board or some officer of this State. Sec. 2. The object of punishments being not only to satisfy justice, but also to reform the offender, and thus prevent crime, murder, arson, burglary, and rape, and these only, may be punishable with death, if the General Assembly shall so enact. Sec. 3. The General Assembly shall, at its first meeting, make provision for the erection and conduct of a State's Prison or Penitentiary, at some central and accessible point within the State. Sec. 4. The General Assembly may provide for the erection of Houses of Correction, where vagrants and persons guilty of misdemeanors shall be restrained and ugefully employed. Sec. 5. A House, or Houses of Refuge may be established whenever the public interest may require it, for the correction and instruction of other classes of offenders. Sec. 6. It shall be required, by competent legislation, that the structure and superintendence of penal institutions of the State, the county jails, and city police prisons, secure the health and comfort of the prisoners, and that male and female prisoners be never confined in the same room or cell. Sec. 7. Beneficent provisions for the poor, the unfortunate and orphan, being one of the first duties of a civilized and Christian State, the General Assembly shall, at its first session, appoint and define the duties of a Board of Public Charities, to whom shall be entrusted the supervision of all charitable and penal State institutions, and who shall annually report to the Governor upon their condition, with suggestions for their improvement. Sec. 8. There shall also, as soon as practicable, be measures devised by the State, for the establishment of one or more Orphan Houses, where des- titute orphans may be cared for, educated, and taught some business or trade. 332 APPENDIX. Sec. 9. It shall be the duty of the Legislature, as soon as practicable, to devise means for the education of idiots and inebriates. Sec. 10. The General Assembly may provide that the indigent deaf mutes, blind and insane of the State shall be cared for at the charge of the State. Sec. 11. It shall be steadily kept in view by the Legislature, and the Board of Public Charities, that all penal and charitable institutions should be made as nearly self-supporting as is consistent with the purposes of their creation. ARTICLE XII. MILITIA. Section 1. All able bodied male citizens of the State of North Carolina, between the ages of twenty-one and forty years, who are citizens of the United States, shall be liable to duty in the militia: Provided, That all persons who may be averse to bearing arms, from religious scruples, shall be exempt therefrom. Sec. 2. The General Assembly shall provide for the organizing, arming, equipping and discipline of the militia, and for paying the same when called into active service. Sec. 3. The Governor shall be Commander-in-Chief, "and shall have power to call out the militia to execute the law, suppress riots or insurrec- tion, and to repel invasion. Sec. 4. The General Assembly shall have power to make such exemp- tions as may be deemed necessary, and to enact laws that may be expedient for the government of the militia. ARTICLE XIII. AMENDMENTS. Section 1. No Convention of the people of this State shall ever be called by the General Assembly, unless by concurrence of two-thirds of all the members of each House of the General Assembly, and except the proposi- tion, "Convention" or "No Convention," be first submitted to the qualified voters of the whole State, at the next general electoin, in a manner to be pre- CONSTITUTION OF NORTH CAROLINA. 333 scribed 1 > v law. And should a majority of the votes cast be in favor of said Convention, it shall assemble on such day as may be prescribed by the General Assembly. Sec. 2. No part of the Constitution of this State shall be altered, unless a bill to alter the same shall have been agreed to by three-fifths of each House of the General Assembly. And the amendment or amendments so agreed to shall be submitted at the next general election to the qualified voters of the whole State, in such manner as may be prescribed by law. And in the event of their adoption by a majority of the votes cast, such amendment or amendments shall become a part of the Constitution of this State. ARTICLE XIV. MISCELLANEOUS. Section 1. All indictments which shall have been found, or may here- after be found, for any crime or offence committed before this Constitution takes effect, may be proceeded upon in the proper courts, but no punish- ment shall be inflicted which is forbidden by this Constitution. Sec. 2. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry a challenge therefor, or agree to go out of the State to fight a duel, shall hold any office in this State. Sec. 3. No money shall be drawn from the treasury but in consequence of appropriations made by law ; and an accurate account of the receipts and expenditures of the public money shall be annually published. Sec. 4. The General Assembly shall provide, by proper legislation, for giving to mechanics and laborers an adequate lien on the subject matter of their labor. Sec. 5. In the absence of any contrary provision, all officers of this State, whether heretofore elected or appointed by the Governor, shall hold their position only until other appointments are made by the Governor, or if the officers are elective, until their successors shall have been chosen and duly qualified according to the provisions of this Constitution. Sec. 6. The seat of government in this State shall remain at the City of Raleigh. 334 APPENDIX. Sec. 7. No person, who shall hold any office or place of trust or profit under the United States or any department thereof, or under this State, or under any other State, or government, shall hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either House of the General Assembly: Provided, That nothing herein contained shall extend to officers in the militia, Jus- tices of the Peace, Commissioners of Public Charities, or commissioners for special purposes. Sec. 8. All marriages between a white person and a negro, or between a white person and a person of negro descent to the third generation inclu- sive, are hereby forever prohibited. til' * i.,. QUESTIONS ON THE CONSTITUTION OF NORTH CAROLINA, PREPARED BY HON. KEMP P. BATTLE, LL. D., PRESIDENT OF THE UNIVERSITY OF NORTH CAROLINA. PRELIMINARY QUESTIONS. 1. When was the first Constitution of North Carolina adopted? Answer. — On December 18, 1776. 2. When was it first amended? Answer. — In 1835. 3. When was it again amended ? Answer.— In 1854, 1861 and 1865. 4. W T hen was a new Constitution adopted? Answer. — In 1868. 5. Was there not a Constitution adopted in 1866? Answer. — A new Constitution was adopted in 1866 by the Convention of 1865-'66, but the people voted it down. 6. Has the Constitution of 1868 been amended? Answer. — Yes; it was partially amended in 1874, and greatly amended by the Convention of 1875. The people adopted these amendments in 1876 — a hundred years after the adoption of the first Constitution. 7. Is there further amendment? Answer. — Yes ; in 1 880. 8. What is a Constitution? Answer. — "The principles or fundamental laws which govern a State." Another definition is: "The body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised." 9. Is the Constitution of North Carolina the highest law? Answer. — No; the Constitution of the United States and the laws of the United States, passed in pursuance thereto, are the supreme law. 336 APPENDIX. i 10. Is the Constitution of North Carolina higher than the acts passed by the General Assembly ? Answer. — Yes ; acts contrary to the Constitution are null and void. 11. Who decides whether acts are constitutional and binding or not? Answer. — The courts. 12. Give a simple explanation of the Constitution of North Carolina. Ansiver. — It is a written document in which the people of North Caro- lina have laid down their plan of government of the State. It designates what officers are to make the laws, what officers are to interpret the laws, and what officers are to enforce the laws. It lays down rules for the guid- ance of these officers. If any officer acts contrary to it, he is liable to pun- ishment. It is the organic or fundamental law — the foundation stone on which our State government rests. It guards and enforces the liberties of the people. If officers are allowed to disobey it, our liberties will be in danger. Hence every citizen should understand it so that he may watch the officers and hold them to their duties. 13. Can it be changed? Answer. — Yes ; the people of the State can change or amend it. The manner in which the people can change it is prescribed in the Constitution itself, as will be seen hereafter. 14. Can it be changed in any other way ? Answer. — Yes; if an amendment to the Constitution of the United States contrary to any provision of the State Constitution is made according to law, the latter must yield. PREAMBLE. 1. Who made the Constitution ? 2. For what purpose was it made? 3. Is there recognition of God in it? 4. For what blessings is gratitude to God expressed ? ARTICLE I. DECLARATION OF RIGHTS. 1. For what purpose is this declaration made ? 2. What fundamental truths are declared? Section 1.* *Note.— Most of the language of this section is taken from the Declaration of Inde- pendence. QUESTIONS OX THE CONSTITUTION. 337 3. In whom is political power vested ? Section 2. 4. For whose good is government instituted ? Section 2. 5. Who has the right to regulate the State government? Section 3. (>. Under what circumstances can the people change the form of gov- ernment? Section 3. 7. Are the people under any restrictions in changing the form of gov- ernment? If so, what? SectionS. 8. Has the State the right to secede from the Union? Section 4. O. Is the American Union a confederacy of States, or a nation of the people of the States? Section 4. 10. Is this State bound to prevent other States from seceding from the Union? Section 4. 11. Is our allegiance first due to the United States or to North Carolina? Section 5. 12. Can the General Assembly or a Convention of the people release us from our primary allegiance to the United States? Section 5. 13. Can the State pay a debt incurred in rebellion against the United States? Section 6. 14. Can such a debt be collected in our courts ? Section 6. 15. Does this prohibition apply to past as well as future debts? Sec- tion 6. x 1G. Can the State pay for emancipated slaves? Section 6. 17. What debts are forbidden to be paid or assumed in any way unless by a vote of the people ? Section 6. 18. What majority must be had to sanction such payment or assumption ? Section 6. 19. Is there no exception to this? Section 6. 20. Can this vote be taken at a special election? Section 6. 21. By what name are most of the bonds mentioned in the answer to question 17, known? Answer. — Special Tax Bonds. 22. Was this prohibition in the Constitution of 1876? Answer. — No; it was inserted by amendment submitted to the people by the General Assembly of 1879, and adopted by the people in 1880. 23. What provision in regard to exclusive emoluments and privileges? Section 7. 24. W T hat provision in regard to the legislative, executive and judicial branches? SectionS. 43 338 APPENDIX. 25. Can the Governor or Judges suspend laws? Section 9. 26. Who can suspend laws? Section 9. 27. What provision about election? Section 10. 28. What rights has one who is charged with a crime? Section 11. 29. If acquitted does he pay the costs of his own witnesses, &c. ? Sec- tion 11. 30. What modes of prosecution are prescribed? Section 12. 31. By whom must conviction be made? Section 13. 32. Where must the verdict be rendered ? Section 13. 33. What right lias the Legislature in regard to petty misdemeanors? Section 14. 34. Can those accused of petty misdemeanors be utterly deprived of right of trial by jury? Section 13. Answer. — No; they must have right of appeal and thus getting a jury. 35. What provision about bail? About fines and punishment? Sec- tion 14. 36. What are "general warrants"? Section 15. 37. Are they allowed? If not, why not? Section 15. 38. What provision about imprisonment for debt? Section 16. 39. Repeat the section guarding the life, liberty and property of citizens. Section 17. 40. From what great historical document is this section taken? Answer. — From Magna Charta — wrested from King John, A. D. 1215. 41. What rights has one restrained of his liberty ? Section 18, 42. Should he have a speedy trial? Section 18. 43. In lawsuits about property what kind of trial is declared best? Section 19. 44. What is said about trial by jury in controversies about property? Section 19. 45. What is declared about freedom of the press? Section 20. 46. Can the press be lawfully used for libelous and immoral publica- tion? Section 20. 47. What provision about the writ of Habeas Corpus? Section 21. 48. What do you mean by the "privileges of the writ of Habeas Corpus"? Answer. — The right of one restrained of his liberty to be brought before a Judge in order that the cause of imprisonment may be enquired into and he be dealt with according to law. QUESTIONS ON THE CONSTITUTION. 339 49. Must a man own property in order to vote or hold office? Sec- tion 22. 50. Why not? Section 22. 51. What safeguard against improper taxation? Section 23. 52. Did the people claim this when we achieved our independence of Great Britain? Answer. — Yes; the denial of this right was one of the chief causes of the Revolutionary war. 53. Is the right to bear arms secured? Section 24. 54. What reason is given why the people should have this right ? Section 24. 55. Are standing armies allowed? Section 24. 56. Why should they not be allowed? Section 24. 57. Which should be superior, the civil or military power? Section 24. 58. Can the practice of carrying concealed weapons be prohibited, and how ? Section 24. 59. For what purposes may the people assemble together ? Section 25. 60. What is said of secret societies? Section 25. 61. What provision securing religious liberty ? Section 26. 62. What provision about education ? Section 27. 63. Why should elections be often held ? Section 28. 64. What is necessary to preserve the blessings of liberty? Section 29. 65. What provision in regard to hereditary privileges, &c. ? Section 30. 66. About perpetuities and monopolies. Section 31. (See Article II, section 15.) 67. What are ex post facto laws? Section 32. 68. Are they proper? Section 32. 69. What retrospective laws are forbidden ? Section 32. 70. Are all slavery and involuntary servitude abolished ? Section 33. 71. What not abolished? Section 33. 72. What provision about the State boundaries? Section 34. 73. What provision about the courts? Section 35 and section 17. 74. What redress for injuries? Section 35 and section 17. 75. How shall justice be administered?* Section 35. 76. How are householders protected from quartering of soldiers? Sec- tion 36 ? *Note. — These words are from Magna Charta. 340 APPENDIX. 77. Does the Declaration of Rights enumerate all the rights possessed by the people ? Section 37. 78. Who have the powers not delegated in the Constitution? Section 37. ARTICLE II. LEGISLATIVE DEPARTMENT. 1. How is the legislative authority vested ? Section 1. 2. When these two bodies meet according to law what is their joint name? Section 2. 3. When is their regular meeting? Section 2. 4. How many members required in order to proceed to public business? Section 2. 5. What name is given to this majority ? Answer. — Quorum. O. "How many Senators ? Section 3. 7. How chosen ? Section 3. 8. How often chosen ? Section 3. 9. How are the Senate districts formed ? Section 4. 10. Who are excluded from the count ? Section 4. 11. When can a county be divided in forming a Senatorial district? Section 4. 12. How are the members of the House of Representatives chosen ? Section 5. 13. What is the rule as to counties not having a hundred-and-twentieth part of the population ? Section 5. 14. How is the apportionment of Representatives made? Section 6. 15. What are the qualifications of a Senator ? Section 7. 16. What of members of the House ? Section 8. 17. How does the General Assembly elect officers? Section 9; and Article VI, section 3. 18. How do the people vote for Senators and members of the House ? Sections 3 and 5; and Article VI, section 3. 19. What is the provision about divorce and alimony? Section 10. 20. What legislation is prohibited to the General Assembly? Section 11. (See Article V, section 1.) QUESTIONS <)\ THE CONSTITUTION. 341 21. How can the General Assembly pass private laws other than those mentioned in sections 10 and 11? Section 12. 22. How are vacancies in the General Assembly rilled? Section 13. 23. What laws must be read three times in each House, on three separate days? Section 14. (See Article V, section 6.) 24. Must the names of the members voting be entered on the journal when these laws are passed? Section 14. 25. How must entails be regulated? Section 15. (See Article I, sec- tion 31.) 26. What must be done with the journals of each House? Section 16. 27. When can a member have the reasons of his dissent entered on the journal ? Section 17. 28. Who chooses the Speaker and other officers of the House of Rep- resentatives? Section 18. 29. Who presides in the Senate ordinarily? Section 19. 30. When has the Lieutenant Governor the right to vote? Section 19. 31. What powers has the Senate, independently of the House of Rep- resentatives? Sections 20 and 22. (See Article IV, section 3.) 32. When does the Senate choose a Speaker? Section 20. In Article II, section 12, he is called President. 33. What is the style of the acts of Assembly? Section 21. 34. What powers has each House by itself? Section 22. 35. Can one House by itself adjourn to any future day, or other place ? Section 22. 36. How often must bills be read before becoming laws? Section 23. 37. What else must be read three times? Section 23. 38. Who signs these bills and resolutions? Section 23. They must be signed in presence of the Houses. 39. What are bills called after such signatures? Sections 21 and 23. 40. What oath or affirmation must each member take? Section 24. 41. When must he take this oath or affirmation? Section 24. 42. When do the terms of office begin? Section 25. 43. When must the names of the members be entered on the journal? Sections 14 and 24. 44. What is this proceeding termed ? Answer. — "Calling the yeas and nays." 45. What time is designated in the Constitution for holding the election of members? Section 27. 46. Can the General Assembly change this? Section 27. 342 APPENDIX. 47. Has the change been made ? Answer.— Yes ; to the first Tuesday after the first Monday in November. 48. What authority determines the places of voting? Section 27. 49. What compensation do members receive, and how long? Sec- tion 28. 50. What mileage? Section 28. 51. What do the presiding officers receive? Section 28. 52. What provision about compensation during extra session? Sec- tion 28. AETICLE III. EXECUTIVE DEPARTMENT. 1. In whom is the supreme executive power? Section 1. 2. Who constitute the Executive Department? Section 1. 3. Who chooses these officers? Section 1. 4. How long do they serve? Section 1. 5. At what times and places are the elections held ? Section 1. O. When does their term of office begin? Section 1. 7. How long do they serve? Section 1. 8. What are the qualifications for the offices of Governor and Lieuten- ant Governor? Section 2. 9. Can they ever serve two terms in succession? Section 2. 10. To whom are the returns of election sent ? Section 3. 11. To what post-office? Section 3. 12. Before whom are they opened and published? Section 3. 13. Who must be declared elected? Section 3. 14. What is done in case of a tie? Section 3. 15. In such case how do the Houses vote ? Section 3. 16. What must be done about contested elections? Section 3. 17. What oath does the Governor take ? Section 4. 18. Before whom taken ? Section 4. 19. Where must the Governor reside? Section 5. 20. What duties has he to perform in regard to the General Assembly ? Section 5. 21. In what cases can the Governor grant pardons, &c. ? Section 6. QUESTIONS ON THE CONSTITUTION. 343 22. Can he ['anion before the offender is convicted? Section (i. 23. Can he pardon one impeached? Section 6. 2-4. What is the Governor's duty in regard to pardons, &c, after granted ? Section (I. !£<•">. What officers report to the Governor? Section 7. 26. What is done with these reports? Section 7. 27. Supposing the Governor desires information regarding the duties of officers of the Executive Department, what can he require? Section 7. 28. What is the greatest duty of the Governor? Section 7. 20. Who is chief commander of the militia? Section 8. 30. Can the militia ever pass out of his authority? Section 8. 31. Under what circumstances can an extra session of the General Assembly be called? Section 9. 32. Who nominates officers not otherwise provided for in the Constitu- tion ? Section 10. 33. To what body are the nominations sent? Section 10. 34. Can the Senate reject the nominations ? Section 10. 3o. What duty has the Lieutenant Governor in regard to the Senate ? Section 11; and Article II, section 19. 36. Is he a Senator ? Answer. — No. 37. What is his compensation? Section 11; and Article II, section 28. 38. Under what circumstances does the Lieutenant Governor assume the powers, &c , of the Governor ? Section 12. 39. What is done when the Lieutenant Governor cannot preside in the Senate ? Section 12. 40. Who succeeds the Lieutenant Governor, and under what circum- stances ? Section 12. 41. What is done if the Lieutenant Governor loses the office of Gov- ernor during the recess of the General Assembly ? Section 12. 42. Who prescribes the duties of the officers of the Executive Depart- ment ? Section 13. 43. What is done in case of a vacancy ? Section 13. 44. How long does the officer so appointed hold his office? Section 13 45. W T ho constitutes the Council of State? Section 14. 46. What is done with their proceedings? Section 14. 47. Who is the legal adviser of the Executive Department ? Section 14. 48. Who establishes the compensation of these officers? Section 15. 40. How is their independence secured? Section 15. 344 APPENDIX. 50. What is the seal of the State called? Section 16. 51. Who has charge of it? Section 16. 52. In what name are grants of lands, &c, issued, and how are they authenticated ? Section 16. 53. In what manner are commissions to officers, &c, authenticated ? Section 16. 54. W T hat department besides those heretofore named must be estab- lished by the General Assembly? Section 17. 55* What laws must be enacted? Section 17. AKTICLE IV. JUDICIAL DEPARTMENT. 1. What is done in regard to distinctions between actions at law and suits in equity ? Section 1. 2. Do the old forms of actions and suits remain ? Section 1. 3. What is the name of the form of actions in use? Section 1. 4. What is the name of the actions prosecuted by the State for a public offence ? Section 1. 5. What is done with feigned issues? Section 1. 6. How is the fact at issue tried ? Section 1. 7. In what courts is the judicial power vested ? Section 2. 8. Can the General Assembly establish any courts ? Section 2. O. What is the court for trial of impeachments ? Section 3. 10. How many Senators must be present? Section 3. 11. Who presides when the Governor is impeached? Section 4. 12. What sentence can the Senate inflict? Section 3. 13. Does the impeachment for a crime indictable in the courts prevent prosecution in the courts? Section 3. 14. Can a less number than thirty-four Senators convict on impeach- ment? Section 4. 15. What is the least number which can possibly convict ? Answer. — Two-thirds of a bare quorum — eighteen Senators. lO. What is treason against the State? Section 5. 17. In what modes can traitors be convicted? Section 5. QUESTIONS ON THE CONSTITUTION. D\~) 18. Can the punishment be made to extend to forfeiture of land or goods? Section "). 19. Can it extend to corruption of blood? Section 5. 20. What officers constitute the Supreme Court? Section l>. 21. Are they called Judges? Section 6, but see sections 18 and 31. 22. Where are the terms of the Supreme Court held? Section 7. 23. What is the jurisdiction of this Court on appeals? Section 8. 2-4. What jurisdiction over issues and questions of fact? Section 8. 2»*>. Over what courts has it control? Section 8. 26. What writs may it issue to effectuate this control? Section 8. 27. What are some of these writs called? Answer. — Mandamus, Procedendo, Certiorari, Recordari, &c. 28. What original jurisdiction has the Supreme Court? Section 9. 20. Can the Court issue execution against the State? Section 9. 30. What is done with the decisions of the Court in such cases? Sec- tion 9. 31. Is the General Assembly bound to carry out the decision of the Court? Section 9; and Article I, section 8. 32. Into how many districts is the State divided by the Constitution ? Section 10. 33. What chief town or towns in First District? Answer. — Elizabeth City, Edenton. In Second District? Kaleigh, New Bern. In Third District? Wilmington, Goldsboro. In Fourth District? Fayetteville. In Fifth District? Greensboro, Durham. In Sixth District? Charlotte, Monroe. In Seventh District? Winston, Salisbury. In Eighth District? Statesville, Morganton. In Ninth District? Asheville. 34. Can the General Assembly change the number of districts? Sec- tion 10. 35. How often in each county must the Superior Court be held? Sec- tion 10. 36. Where shall be the residence of the Judge? Section 11. 37. Do the Judges preside always in the same district? Section 11. 38. How often can a Judge preside in the same district? Section 11. 39. Is there any exception to this ? Section 11. 44 346 APPENDIX. 40. Can the General Assembly deprive the Judicial Department of its rightful powers, &c. ? Section 12 ; and Article I, section 8. 41. What is allowable for the General Assembly to do ? Section 12. 42. Does this power extend to the Supreme Court? Section 12. 43. Can the General Assembly regulate appeals? Section 12. 44. What power has the General Assembly in regard to methods of proceedings? Section 12. 45. Are parties in a law suit bound to submit issues of fact to the jury ? Section 13. 46. What effect has the finding of the Judge in such case upon the facts? Section 13. 47. What duty has the General Assembly in regard to courts for cities and towns ? Section 14. 48. Can these courts be allowed to try capital cases and other felonies? Section 14. 49. Who appoints the Clerk of the Supreme Court? Section 15. 50. What is his term of office ? Section 15. 51. How is the Clerk of a Superior Court appointed? Section 16. 52. When is the election? Section 16. 53. What is the term of office? Section 17. 54. Who prescribes the salaries, fees, <&c, of Judges, Clerks, &c. ? Section 18. 55. How is the independence of the Judges secured? Section 18. 56. What laws of North Carolina are in force ? Section 19. 57. Where may these laws be found ? Answer. — Some may be found in the acts of Assembly, State Codes, &c. ; but besides these we have the "Common Law," inherited from our ancestors, not found in any statute book. 58. Where are the principles of this "Common Law" to be looked for? Answer. — In the reports of judicial decisions, writings of eminent law- yers, &c. 59. Who can alter these laws ? Article II, section 1. 60. What was done with actions and suits pending when the Constitu- tion went into effect ? Section 20. 61. How were these old suits to be heard and determined? Section 20. 62. Who appoints the Justices of the Supreme Court? Section 21. 63. When does the voting take place ? Section 21. 64. What is their term of office? Section 21. 65. How are Judges of the Superior Courts elected? Section 21. QUESTIONS ON THE CONSTITUTION. 347 <><>. What is their term of office? Section 21. G7. Are they necessarily elected by all the voters of the State? Sec- tion 21. 68. Whn are the Superior Courts open? Section 22. <>9. Is there exception to this? Section 22. 70. Who elects the Solicitors of the Judicial Districts? Section 23. 71. What is their term of office? Section 23. 72. What are their duties? Section 23. 73. Can a Justice of the Peace call on the Solicitor for legal advice? Section 23. 74. How are Sheriffs and Coroners chosen? Section 24. 75. What is their term of office? Section 24. 70. Who elects Constables? Section 24. 77. What are their terms of office? Section 24. 78. Suppose there is no Coroner and one is needed, what is done? Sec- tion 24. 79. Who may fill vacancies in the offices of Sheriff, Coroner and Con- stable ? Section 24. 80. Who fills vacancies in offices created under this Article not specially provided for? Section 25. 81. How long do Judges, &c, so appointed, hold office? Section 25. 82. Suppose no election is held for such offices? Section 25. 83. Suppose those elected refuse to qualify? Section 25. 84. Suppose successors do not qualify? Section 25. 85. Is section 26 obsolete ? 86. What jurisdiction have Justices of the Peace over civil actions? Section 27. 87. Suppose the title to land is in question? Section 27. 88. Suppose the action is not founded on contract, where is it to be tried? Section 27. 89. Of what criminal matters have they jurisdiction? Section 27. 90. Who has power to regulate the fines and imprisonments? Answer. — The General Assembly. 91. Can the General Assembly give jurisdiction to Justices of the Peace over any other matters whatever? Section 27. 92. Suppose an issue of fact is joined before a Justice, can he decide it? Section 27. 93. Suppose either party demands a jury ? Section 27. 348 APPENDIX. 94. Is not this provision for a jury of six violating Article I, section 19? Answer. — No; right of appeal is allowed. Section 27. 05. Is appeal allowed in criminal cases also? Section 27. 96. Must the Justice write down the proceedings? Section 27. 97. What must he do with the record? Section 27. 98. Who fills vacancies in the office of Justice of the Peace? Sec- tion 28. 99. Who fills vacancies in the office of the Superior Court Clerk ? Section 29. 100. Supposing the General Assembly to establish other courts, who chooses the Judges and other officers? Section 30. 101. What is their term of office ? Section 30. 102. For what may Judges be removed? Section 31. 103. What vote is necessary? Section 31. 104. What notice must be given? Section 31. 105. Supposing two-thirds of one House, and a majority not two-thirds of the other House vote for removal, what is the result? Section 31. 106. For what can Clerks of Courts be removed ? Section 31. 107. Who have the power of removal? Section 31. 108. What notice must Clerks have of proceedings against them? Sec- tion 31. 109. Can the Clerks of the Courts inferior to the Supreme Court appeal? Section 32. 110. Is section 33 obsolete? AETICLE V. REVENUE AND TAXATION. 1. What is another name for "capitation tax"? Answer. — "Poll tax." 2. Is the General Assembly bound to levy such tax ? Section 1. 3. On whom must it be levied? Section 1. 4. To what amount must it be equal? Section 1. 5. What is the maximum capitation tax under this section? Section 1, G. What is the maximum property tax? Answer. — Sixty-six and two-third cents on the one hundred dollars val- uation. QUESTIONS ON THE CONSTITUTION. 349 7. What is the object of the "equation of taxes"? Answer. — To protect property from excessive taxation by those owning no property, and vice versa. 8. Who can exempt from capitation tax, and for what reason? Sec- tion 1. 9. To what purposes must the capitation tax be applied? Section "2. 10. What is the maximum amount which can be applied to the support of the poor ? Section 2. 11. How must property be taxed ? Section 3. 12. What has the General Assembly power to tax without being com- pelled to do so? Section 3. 13. Can the income of a farmer from his lands be taxed? Section 3. 14. What provision in regard to contracting new debts? Section 4. 15. Is the special tax to be levied when the bonds of the State are at par? Section 4. 1G. Supposing the bonds are not at par* in what cases are the special taxes not required? Section 4. 17. What is necessary before the General Assembly can give or lend the credit of the State to individuals or corporations? Section 4. 18. What exception to the general rule? Section 4. 19. Does it require a majority of all the qualified voters to sanction such loan ? Section 4. 20. Can the General Assembly take stock in a corporation and pay for the same by bonds of the State accepted at par? Section 4. (The Supreme Court says they cannot.) 21. What property the General Assembly cannot tax? Section 5. 22. What property does the General Assembly have power to exempt to an unlimited extent? Section 5. 23. What property to a limited amount only ? Section 5. 24. What is the limit? Section 5. 25. In what mode are county taxes to be levied ? Section 5. 26. What is the limit of county taxation for general purposes? Sec- tion 6. 27. Supposing the county desires to exceed this limit for a special pur- pose? Section 6. 28. What must be observed in levying tax acts, i. e., " Revenue Acts" ? Section 7. 29. Can tax money raised for one purpose be used for another ? Sec- tion 7. 350 APPENDIX. AKTICLE VI. SUFFRAGE AND ELIGIBILITY TO OFFICE. 1. State the qualifications of an elector, i. e., a voter? Section 1. 2. What exception to this rule? Section 1. 3. Does the mere commission of an infamous crime disqualify? Sec- tion 1. 4. What authority lays down the rule for restoration to rights of citi- zenship? Section 1. 5. What step is requisite preliminary to voting? Section 2. G. What oath is necessary to registration? Section 2. 7. What authority provides rules for registration ? Section 2. 8. How do the people vote ? Section 3. O. How do members of the General Assembly vote in elections of offi- cers ? Section 3 ; and Article, 1 1, section 9. 10. What is the general rule as to qualifications for holding office ? Section 4. 11. What oath does the officer take? Section 4. 12. What persons are disqualified? Section 4. 13. Does mere disbelief in an Almighty God disqualify, if such disbe- lief be not expressed? Answer. — No; the word "deny" is held to mean assertion of disbelief by word, writing or otherwise. (See Article I, section 26.) AETICLE VII. MUNICIPAL CORPORATIONS. [NoTE.-^By authority conferred in section 14 of this Article the General Assembly has materially changed its provisions (Laws of 1876-'77, chapter 141). The attention of the pupil will be called to the most important of these changes.] 1. What county officers are to be elected ? Section 1. By act of 1876-'77, chapter 141, section 5, the Justices' of the Peace elect three, four or five County Commissioners. The Justices may abolish the office of County Treasurer, and then the Sheriff takes his place. 2. How often, and when does the election take place? Section 1. QUESTIONS ON THE CONSTITUTION. 351 3. What are the duties of the County Commissioners by the Constitu- tion ? Section 2. 4. How is this changed by act of 1876-77, chapter 141 ? Anstver. — By this act, section 5, the Commissioners cannot levy taxis, purchase land, remove or designate new sites for county buildings, contract or repair bridges, if the cost may be over $500, or borrow money, or alter, or make additional townships, without the concurrence of a majority of the Justices of the Peace sitting with them. Moreover, by the same act the Board of County Commissioners have the powers of the Township Trustees. Section 6. 5. Who is Clerk of the Board of Commissioners? Section 2. O. What duty did the Commissioners of 1868 have ? Section 3. 7. What is the name of the districts so formed ? Section 4. 8. What powers did they have, and for what purpose? Section 4. By act of 1876-77, chapter 141, section 3, these powers are to be under supervision of the Board of County Commissioners ; and the said Board can alter boundaries of said townships and create additional ones. 9. Who constituted the Board of Trustees of the Township by the Con- stitution, and by whom and when were they to be chosen ? Section 5. 10. How is this by act of 1876-77, chapter 141 ? Answer.— By act of 1876-77, chapter 141, the General Assembly appoints three Justices for each township, who are divided in three classes and hold their offices for two, four and six years, but the successors of each class, as its term expires, hold office for six years. For each township in which any city or incorporated town was situate, one Justice of the Peace is appointed by the General Assembly, and one for each one thousand inhabitants of the city or town. When new townships are created, the General Assembly not being in session, the Governor appoints until the next meeting of the Assembly. 11. What other officers were to be elected in the townships? Section 5. 12. How has section 6 been changed? Answer. — The Board of Commissioners appoint one Justice of the Peace, or other suitable person, in each township, to list lands and personal property therein. Laws of 1881, chapter 117, section 1. Note.— By Act of 1881, Chapter 200, "County Superintendents of Public Instruction'' are to be elected by the County Board of Education and County Board of Magistrates in joint session. The County Commissioners constitute the County Board of Education. Same : Sec- tion 15. 352 APPENDIX. The tax list is revised by the Board of Commissioners. Same; section 18. 13. What is necessary to enable a county or other municipal corpora- tion to contract debts, pledge its faith, or loan its credit? Section 7. 14. What is necessary in order to levy and collect taxes more than for necessary expenses? Section 7. 15. Will a majority of those actually voting be always sufficient? Sec- tion 7. 16. What is necessary to enable money to be drawn from county or township treasuries ? Section 8. 17. What is the rule of taxation in county and other municipal corpo- rations? Section 9; and Article V, section 6. 18. What exemptions are required f Section 9; and Article V, section 5. 19. What exemptions are allowed, and to what extent? Section 9; and Article V, section 5. 20. Is section 10 obsolete? 21. Is section 11 obsolete? ' 22. Did all charters, &c, relating to municipal corporations, become of no effect on the adoption of this Article? Section 12. 23. What debts are counties, &c, forbidden to pay, or levy taxes for? Section 13. 24. What provision of this Article can the General Assembly change or abrogate? Section 14. 25. What is section 7? 26. What is section 9? 27. What is section 13? 28. Suppose the General Assembly should attempt to change either of these sections? Answer. — It would be the duty of the Courts to decide their action in- valid. ARTICLE VIII. CORPORATIONS OTHER THAN MUNICIPAL. 1. In what way may corporations be formed? Section 1. 2. In what case may they be created by special act? Section 1. QUESTIONS ON THE CONSTITUTION. 353 3. Can charters of corporations granted under this section be amended or repealed ? Section 1. 4. How shall debts of corporations be secured? Section 1. »">. What authority has the right to prescribe rules for so securing cor- poration ilues? Section 2. (>. What is the meaning of the term "corporation" as used in this Article? Section 3. 7. Can corporations sue and be sued like natural persons? Section 3. 5. On whom is the duty of organizing cities, towns and incorporated villages? Section 4. i). What powers should the General Assembly restrict? Section 4. lO. For what purpose are these restrictions? Section 4. ARTICLE IX. EDUCATION. 1. Why should schools, &c, be encouraged? Section 1. 2. What is the duty of the General Assembly in regard to public schools ? Section 2. 3. How must they provide such schools? Section 2. 4. What are the school ages ? Section 2. o. What charge shall be made for tuition ? Section 2. 6. Are "mixed schools" allowed ? Section 2. 7. Is it lawful to have the schools for one race superior to those of the other ? Section 2. 8. How shall the counties be divided for school purposes ? Section 3. 9. How long must the schools be maintained ? Section 3. 10. What punishment do the Commissioners incur by failing to com- ply with this? Section 3. 11. What funds are set apart for support of the schools ? Section 4. 12. Can these funds be used for any other purpose ? Section 4. 13. What officer has charge of these funds? Section 4. 14. What funds do the counties have charge of for school purposes ? Section •"). 15. How is the Superintendent of Public Instruction to know about these county funds? Section 5. 45 354 APPENDIX. 10. Who provides for the election of Trustees of the University? Sec- tion 6. 17. What is vested in these Trustees? Section 6. 18. Who has power to provide for the maintenance and management of the University ? Section 6. 19. What is the duty of the General Assembly in regard to education at the University ? Section 7. 20. What is their duty in regard to escheats, unclaimed dividends and distributive shares? Section 7. 21. Who constitute the State Board of Education ? Section 8. 22. Who are its officers ? Section 9. 23. To what does the Board of Education succeed? Section 10. 24. What power of legislation has the Board? Section 10. 25. Is such legislation final ? Section 10. 26. Who fixes the times of meeting of the Board? Section 11. 27. How many necessary for the transaction of business? Section 12. 28. Who provides for the contingent expenses of the Board? Sec- tion 13. 29. What departments in connection with the University must the General Assembly establish ? Section 14. 30. Can the General Assembly enact "compulsory education" ? Sec- tion 15. 31. Over what ages would this compulsory education extend ? Sec- tion 15. 32. For what length of time? Section 15. AKTICLE X. HOMESTEADS AND EXEMPTIONS. 1. How much personal property is exempted from execution? Sec- tion 1. 2. Who chooses this property? Section 1. 3. Is it exempt from execution only? Section 1. 4. What land is exempt, and of what value? Section 2. 5. Who selects the homestead ? Section 2. 6. Can a lot in a city, &c, be set apart? Section 2. QUESTIONS ()N THE CONSTITUTION. 355 7. Is the homestead li;il>le for taxes? Section 2. S. Is it liable for any other debt besides taxes? Section 2. !). After death of the owner is the homestead exempt any longer ? Sec- tion 2. 10. If work is done on a homestead, is such homestead exempt from the mechanic's or laborer's lien? Section 4. 11. Supposing the owner dies leaving a widow, but no children — from what is the homestead exempt, and how long? Section 5. 1 — . What privileges does the widow enjoy, and how long? Section 5. 13. Is every widow entitled to such privileges? Section 5. 14. What becomes of the property of a woman marrying? Section 6. 15. Suppose she acquires property after marriage, does she or her hus- band own it? Section 6. 16. What kind of property so belongs to the wife ? Section 6. 17. Cannot such property be made to pay the husband's debts? Sec- tion 5. 18. Can she give away her property by will ? Section 6. 10. Is her husband's assent necessary to the validity of her will ? Sec- tion 6. 20. Can she sell or give away her property before her death? Sec- tion 6. 21. Is her husband's assent necessary to such sale, &c. ? Section 6. 22. Can the husband signify such assent "by word of mouth" ? Sec- tion 6. 23. Can the husband insure his life for the benefit of his wife and children and pay for the policy out of his own money, rather than pay his creditors ? Section 7. 24. What is done with the money when he dies? Section 7. 25. Can the owner of the homestead sell it? Section 8. 26. What is necessary to the validity of the deed? Section 8. 27. Suppose he is not married ? Section 8. ARTICLE XI. PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES. 1. What are the punishments lawful in North Carolina? Section 1. 2. Can convicts be made to labor on public works, &c. ? Section 1. 356 APPENDIX. 3. Can convicts be hired (or farmed) out to individuals or corporations'? Section 1. 4. Can all convicts be farmed out? Section 1. 5. What authority prescribes the rules in regard to farming out convicts? Section 1. 6. What convicts cannot be farmed out? Section 1. 7. Can those hiring convicts punish them as they please? Section 1. 8. For what can they be punished by the proper officer? Section 1. 9. Under whose supervision, &c, are these convicts? Section 1. 10. Can the General Assembly abolish capital punishment? Section 2. 11. For what offences can the punishment of death be inflicted? Sec- tion 2. 12. What are the objects of punishment? Section 2. 13. What is the duty of the General Assembly in regard to a Peniten- tiary? Section 3. 14. For what may houses of correction be provided? Section 4. 15. For what may houses of refuge be established ? Section 5. 16. How must the structure and superintendence of penal institutions, &c, be arranged ? Section 6. 17. What provision in regard to male and female prisoners ? Section 6. 18. What is one of the first duties of a civilized State? Section 7. 19. What must the General Assembly do to carry out this duty? Sec- tion 7. 20. What are the duties of this Board? Section 7. 21. What must the General Assembly do for destitute orphans? Sec- tion 8. 22. What must the General Assembly do in regard to idiots? Sec- tion 9. 23. Can idiots be educated? Answer. — Yes; they can be taught many things of value to them and to others. 24. What other unfortunates are classed with idiots? Section 9. 25. What classes may be provided for at the expense of the State? Section 10. 26. Has this section been changed since 1876? Answer. — By amendment to the Constitution adopted in 1880, the word "may" was substituted for the word "must" in this section. 27. Should the penal and charitable institutions be made self-support- ing? Section 11. QUESTIONS ON THE CONSTITUTION. 357 ARTICLE XII. MILITIA. 1. Who is liable to militia duty? Section 1. 2. Who are exempt? Section 1. 3. What duties has the General Assembly in regard to militia? Sec- tion 2. 4. Who is Commander-in-Chief of the militia? Section 3; and Article III, section 8. 5. For what may he call them out? Section 3; and see Article III, section 7. 6. What authority can make exemptions from militia duty ? Section 4. 7. What other duty has the General Assembly in regard to the militia? Section 4. ARTICLE XIII. < AMENDMENTS. 1. In what manner must a convention of the people be called ? Sec- tion 1. 2. What is the number of votes necessary in the Senate ? Answer. — Two-thirds of fifty — thirty-four at the least. 3. What number in the House of Representatives? Answer. — Two-thirds of one hundred and twenty — eighty votes at the least. 4. What authority directs the manner of submission to the people? Section 1. 5. What authority prescribes the day of meeting? Section 1. O. Can a Convention so called alter the Constitution ? Answer. — Yes; it can amend the Constitution or make a new one. 7. What is a "restricted convention" ? Answer. — One in which the General Assembly provides that the members shall confine their action to certain specified matters, or shall refrain from making changes in certain particulars. Some have doubted the power of the General Assembly -to bind the members in this way, but it has been done several times in this State. 358 APPENDIX. S. Can the Constitution be altered without calling a Convention ? Sec- tion 2. 9. By what vote must the proposed change pass the General Assembly ? Section 2. 10. Does this mean three-fifths of all the members of each House ? Section 2. 11. What is the least vote by which it could pass in the Senate ? Answer. — Three-fifths of twenty-six — sixteen votes. 12. What is the least in the House of Representatives ? Answer. — Three-fifths of sixty-one — thirty-seven votes. 13. What must then be done with the proposed amendment? Sec- tson 2. 14. Does it require a majority of all the qualified voters to pass it? Section 2. 15. Which is the most, two-thirds or three-fifths ? ARTICLE XIV. MISCELLANEOUS. 1. Supposing indictments to be pending at the adoption of the Constitu- tion, what is the rule in regard to their punishments ? Section 1. 2. What is the rule in regard to duelling? Section 2. • 3. Is the challenger disqualified if the other party declines to fight ? Section 2. 4. Is the challenged party, who accepts the challenge, disqualified if no fight occurs? Section 2. 5. Is the person who carries the challenge disqualified if no fight occurs ? Section 2. G. Is it any offence against the laws of North Carolina for its citizens to fight in another State? Answer. — No ; but it is an offence to agree to go out of the State for the purpose of fighting.* 7. What is necessary to enable money to be drawn from the Treasury of the State? Sections. (See Article V, section 7.) 8. What must be done with the account of receipts and expenditures ? Section 3. ()IESTI0NS ON THE CONSTITUTION. 359 i). What protection to mechanics and laborers must he given? Section I ; and Article X, section 4. 10. What is the general provision in regard to terms of office" Sec- tion 5. 11. Where shall he the seat of government? Section 6. 12. What is the rule in regard to double offices? Section 7. 13. What exception to the general rule? Section 7. 14. What marriages are prohibited ? Section 8. 15. What proportion of negro blood comes within the prohibition ? Section 8. Answer. — One-eighth negro blood (octoroon) will prohibit. ^o , IE '07 LIBRARY OF CONGRESS 014 433 7918 •