Class. Book. COPYRIGHT DEPOSIT ^r^^/^w A COLONIAL OFFICER AM HIS TIMES. 1754-1773. A BIOGRAPHICAL SKETCH OF GEN. HUGH WADDELL, NORTH CAROLINA. WITH NOTICES OF THE FRENCH AND INDIAN WAR IN THE SOUTHERN COI.ONIES ; THE RESISTANCE TO THE STAMP ACT IN NORTH CAROI^INA (WiTH COPIES OF ORIGI- NAL DOCUMENTS NEVER BEFORE PUBLISHED) ; THE REGUIbbs died, 28th March, and Tryon issued a procla- mation offering ^"50 reward for his arrest ; and wrote to Gov- ernor Fauquier of Virginia, saying that, as Simpson had some months previously married "Miss Annie Pierson, daughter of Mrs. Ramsburg, whose husband keeps a tavern in Norfolk," aud as Mrs. Simpson had returned to Virginia, he suspected Simpson had gone there — that "the weak state of his health and the dangerous condition of his wound," strengthened this conjecture, audit was "not probable that he should undertake a long voyage ;" and he characterized Simpson's conduct as " extraordinary." It certainly was extraordinary, and why the seconds or witnesses permitted it is incomprehensible. Simp- son afterwards surrendered himself, was tried at October Term, 1765 (a month before the stamp ship arrived), was convicted of manslaughter, and branded with the letter M on the ball of the thumb of his left hand, in open Court, and discharged — as appears by the record of the trial, still preserved at the court- house in Wilmington. The allegation that Judge Berry's sui- And His Times. 129 cide was the result of his fright at the escape of Simpson, there- fore, is wholly untrue. In a letter to the Board of Trade, dated February ist, 1766, Tryon says, "Mr. Berry, Chief Justice of this Province, shot himself in the head the 21st Deer last, and died in Wilmington the 29th of the same month. The coroner's inquest sat on the body and brought in a verdict 'Lunacy.'" This was two months after Simpson's conviction, and nearly a year after the duel. The place of Judge Berry's suicide was in a house oppo- site the present court-house at Wilmington. 130 A Colonial Officer CHAPTER IV. 1768-1771. The Regulators' War — Its Origin and History — -General Wad- dell's Connection with it. ^ f "^HE Stamp Act was repealed in March, -^ 1766, and on the 25th of June Governor Tryon issued a proclamation announcing the fact, in which — having learned some valuable lessons in the months preceding, and having determined to change his tactics and play a conciliatory role — he severel}' denounced the extortions which had been practiced in the Western Counties by the officers of the Courts and others, and sternlv forbade these officers to take more than their legal fees thereafter. He also indulged in a somewhat tender appeal to the people to render a cheerful obedience to the legislative authority of the mother country. Immediately upon the appearance of this proclamation an amusing, and somewhat dis- gusting, exchange of felicitations took place between the Ma3^or, Recorder and Aldermen of Wilmington, and the Governor; but each And His Times. 131 party to this performauce was conscious of the hollow insincerity of the proceedings, and each mistrusted the other. The Legislature, which had not met since May, 1765, was called together in November, and, although they expressed their pleasure at and returned thanks for the repeal of the Stamp Act, and declared their loyalty to the Crown, they did not humiliate themselves in any way. They did, however, foolishl}^ appropriate a large amount to build a mansion for the Governor at Newbern ; but their excuse was that the Assembl}^ had pre- viousU^ promised to do it, in consideration of the repeal of an act to build at Tower Hill on the Neuse. The cost of this "palace," as it was called, and as it really was, was over $75,000 — an enormous sum for those times. Over the main entrance to it was a pompous Latin inscription, said to have been written by Sir Wm. Draper. General Miranda, who visited it with Judge Martin in 1783, said that his own country (South America) contained no building equal to it. While this palace was in course of construc- tion, and as if to aggravate the general complaint of extravagance in public expenditure. Try on organized an escort to accompany him in person- 132 A Colonial Officer all}' running the boundary line between the Cherokee nation and the Province. The escort consisted of about a hundred men, selected from the Rowan and Mecklenburg regiments, the detachment from the former commanded b}^ Lieutenant Colonel Frohock, and from the latter by Lieutenant Colonel Moses Alexander, and the whole under Colonel Hugh Waddell. There were also an Adjutant General, an Aide, and a Chaplain, all with high rank and pay. The expedition lasted nearly a month, beginning on the 19th Ma}^ 1767, and it was because of his conduct on this expedition that Trj'on received from the Cherokees the soubriquet of "Wolf of Carolina." Meanwhile the people, of the Western part of the Colon}' especially, were growing more restless under the continued exactions and extortions practiced upon them by local officers ; and, notwithstanding the repeal of the Stamp Act, were, in the Eastern section, greatly dis- satisfied with the Navigation Act and other embarrassments to their trade. Kven men of well known 103'alty, like Hugh Waddell, were severely tried by the course affairs were taking. The discontent in the West was because of local grievances, that in And His Times. 133 the Kast because of the legislation of Parlia- ment.* A "Serious Address" had been published in Granville County, and in August, 1766, during a session of the Inferior Court of Orange, a number of men had entered the court-house and handed a paper to the Clerk to read aloud in regard to the local grievances of the people of that County. With this event began the troubles which culminated in what is known as the "Regu- lators' War," a contest which, beginning in a temperate protest against the conduct of local officers, degenerated, under the leadership of a cunning and cowardly fellow, into an utterly indefensible outbreak against all law, which, if not suppressed, threatened the overthrow of *November 15, 1767, John Crawford, member from Auson, resigned his seat and resignation accepted by House. Tryon forbore to issue writ for new election until he could hear from Home Government. Barl Hillsborough, June nth, 1768, says he was right; that "there is no precedent of a member resigning his seat in Parliament, and the usages and prece- dents of the House of Commons being adopted by the Assem- bly of North Carolina, the House was mistaken in accepting the resignation of Crawford." This seems to verify the old maxim in regard to office-holders, viz.: "Few die, and none resign." 134 A Colonial Officer any form of government and the destrnction of social order. The name "Regulator" was adopted at a meeting held at Sandy Creek, in what was then Orange, and is now Randolph County, on the 2 2d of March, 1767, at which a written agreement was drawn up and an association was formed "for regulating public grievances." This agreement contemplated no violence, and only bound the signers to pay no more taxes until satisfied they were agree- able to law and were properly applied ; to pay no more than legal fees to au}^ officer unless forced to do so; to meet often for conference with their representatives in regard to amend- ing the laws ; to elect better men to office, and to petition the authorities for redress. But their leader, Herman Husbands, though uneducated, was a mischievous and turbulent demagogue and a canting hypocrite, who, under the garb of the Society of Friends (Quakers), from which he was expelled for immorality, concealed an ambitious and venom- ous spirit. The Sandy Creek agreement was but the first step i in his programme. He set himself diligenth^ to work to inflame the passions of the people, to exaggerate the evils of which the}^ justl}' complained, and to incite them to violence. He passed most of his time And His TimEvS. JO in going about haranguing crowds of the igno- rant and untutored, and plied his vocation even on Sundays. He had a coadjutor in Edmund Fanning, who was Colonel of the militia of Orange and was a Court Officer who, by his extortions and offensive conduct generally, was the most obnoxious man in the Province. Fanning did all he could to aggravate the Regulators, and they repaid him with interest whenever the}^ could. Without reciting everj^ detail of the progress of the Regulators' outbreak, it will suffice to sa}' that after various intervie^\'s between the agents of the Association and the Governor, and after matters had well nigh reached a peaceable adjustment, Husbands, who dreaded nothing so much as the stopping of his trade of demagogue and agitator, in- vented a new series of grievances against a new set of alleged criminals, namely, the members of the Assembly and the Treasurers of the Province. Governor Tryon laid these new grievances before the Council, but thej^ re- quested him to notify the Regulators that no change would be made in the propositions already submitted to them b}- the Governor, which included a promise that the officers who had been guilt}' of extortion should be prose- 136 A Colonial Officer cuted. Unfortunately for them the Regula- tors were guided absolutely by Husbands, who exercised an unbounded influence over them, and consequently matters remained in the same condition until the arrest and trial of Hus- bands for a riot at Hillsborough, where Gov- ernor Tryon, who had been inspecting the militia farther West, appeared at the head of eleven hundred men, while more than three times that number of Regulators were in the vicinity awaiting the result of the trial. While his own trial was pending. Husbands, accord- ing to his own written statement, agreed with Fanning, like a selfish and cowardly traitor, to abandon the cause of the Regulators pro- vided he was released. Fanning was indicted at the same term of the Court for extortion. Husbands was acquit- ted, and Fanning, who was probably tried by the same jury, was convicted in five cases, but was only fined a penny and costs in each case, because he pleaded a misconstruction of the statute regulating fees, and showed that he got the judgment of the County Court in his favor before taking the fees. He ought, doubtless, to have been severely punished, and the reputation of the Court suffered in the esteem of all fair-minded men And His Times. 137 when such a judgment was pronounced. The record of one of the Judges, Maurice Moore, as a man friendly disposed to the Regulators, as well as tradition in his family, justifies the belief that he did not concur with the other two Judges in their sentence. The trial took place in September, 1768, and, after the adjournment of Court, Tryon issued a proclamation pardoning all concerned in the late disturbances, except about a dozen who were named. In the judgment of many at that time, and of all reflecting persons now, Tryon ought to have left the violators of the law to the prosecuting officers and the Courts^ until their acts assumed more serious propor- tions, which they did a year or so afterwards. During the year 1769 the spirit of the Regu- lators, which the proceedings of the Court at Hillsborough appeared only to aggravate, manifested itself in new acts of violence, and although, by the express order of the British Ministry, Tryon issued on the 9th of Septem- ber an additional proclamation of pardon to everybody, without exception, who had been concerned in the Regulators' disturbances,, these disturbances continued, and the service of process by the sheriffs and their deputies became nearly impossible. The Regulators 10 , . 138 A Colonial Officer having petitioned the Governor for a new As- sembly he granted it, and the new Assembly met in October, 1769. The Regulators had elected enough members of this body to effect a change of about thirty votes. This body was soon dissolved by the Governor. New organizations of the Regulators were formed, and they had extended over a wide area by the beginning of the year 1770. In the region around Salisbury, as reported by Judge Moore, who held Court there in March, it was impossible to collect taxes or levy an execu- tion, which, as he said, were "plain proofs, among others, that their designs have extended further than to promote public inquiry into the conduct of public affairs." At Hillsboro, in September, when the Court met, with Judge Henderson presiding, the greatest outrage or series of outrages yet perpetrated by the Reg- ulators took place. They insulted and cruelly heat some members of the bar, and going into the court-house in a riotous manner, with Husbands at their head, they demanded of Judge Henderson that he should try their leaders, and should take the jurj^ from their number. The Judge adjourned the Court and that night fled the town. The}^ then held a mock And His Times. 139 court, and made scandalous entries on the docket. On the 1 2th of November they burned Judge Henderson's barn, and on the 14th his house. Again a new Assembly was called, and met at Newbern in December, 1770. It pro- vided, from the first, for relief to the people b}^ various acts, one of which was to refund the amount of taxes alleged to have been illegally collected since 1768. Threats having been made by the Regula- tors that they would go to Newbern, where the Legislature was in session, to prevent Fanning from being seated as a member, the Governor called out the militia, and the trenches were manned for the protection of the Legislature. Afterwards, when Husbands, who was a member from Orange, was expelled for lying and for threatening the Assembly with the Regulators in case of his confinement by the House, it was ascertained that the Regulators were actually preparing to justify these threats by marching to Newbern. Again, when the Assembly was about to adjourn, news came that the Regulators were in large force at Cross Creek (now Fayette- ville) and had declared their purpose to go to Newbern and burn the Governor's " palace." Thereupon the Assembly voted the Governor 140 A Colonial Officer means of defence. These threats were not carried into execution, but the disorders grew worse continually, and other Judges were beaten and Courts broken up. It now became evident that but one course remained to be pursued towards the Regula- tors, if government of any kind was to be maintained in North Carolina, and accordingly the Governor, urged by the Cou7icil^ the Courts^ and the Legislature^' made his preparations to march against the Regulators and put an end to their outrages. He assembled about eleven hundred men, composed of detachments from the counties in the Bast, and from Wake, and marched to Orange. The Regulators numbered about two thousand. They met near the banks of the Alamance. Notwithstanding the conduct of the Regulators in cruell}^ flogging two of the Governor's officers (Captains Walker and Ashe), whom they had captured while on a scouting expedition, the course of the Gov- ernor, according to every account of the affair, exhibited the utmost aversion to shedding blood. Messengers had passed between the forces, seeking a reconciliation in vain. On *See note at the end of this chapter. And His Times. 141 the 1 6th of May they had approached withiu a half mile of each other, and the Governor sent a message demanding unconditional sur- render. Husbands, who was still the leader of the Regulators, returned his defiance and seemed determined to fight. They came within one hundred yards of each other, and the Governor made a civil and a military officer read a proclamation in the nature of a riot act. They then approached until the ranks passed each other, making a retrograde movement necessary to regain their places. They then stood for an hour, at a distance of twenty-five yards, quarreling and abusing each other, when the comedy was ended by the furious shout of the Governor: "Fire! fire on them or on me," and the battle began. Husbands, like the cowardly cur he was, immediately fled ; those of his followers who did not follow his example took to the trees, Indian fashion, and in a little while afterwards were routed. Before and during the fight the Governor had sent flags of truce, both of which were shot down. His loss was nine killed and sixty wounded; that of the Regulators was twent}' killed and an unknown number wounded. 142 A Colonial Officer Previous to Tryoii's expedition to the Ala- mance in 1 77 1,* Waddell had been promoted to the rank of General, and was the ranking officer of the Province, and the most expe- rienced officer in it, although not yet thirty- five years old. Preparatory to that expedition he had been sent to Salisbury to take command of a force which was to co-operate with the troops under Tryon's immediate command, *[Tryon's Letter-Book.] No. 70. Earl Hillsborough. Newbern 12 April 1771 ********* ^T* The next day, the iSth [March] I summoned His Majesty's Council, related to them some reasons that prompted me to offer my service, and took their advice on the expediency of raising forces to restore peace and stability to government. They approving the measure I lost no time in sending requisi- tions to almost every County in the province for certain quotas of men, &c., &c., &c. ******* * * * * To forward this business I went myself last week to Wil- mington when I appointed Mr. Waddell General of all the forces raised, or to be raised against the insurgents, and expect he will get seven hundred men from the Western Counties to serve under his immediate command, who will march them into the settlement of the insurgents by the way of Salisbury while I bring up the forces from the Southern and Eastern parts, and break into their settlements on the east side of Orange County. In my excursion to Wilmington I had the satisfaction to find the gentlemen and inhabitants of Cape Fear unanimous and spirited in the cause, and the officers successful in recruiting. ****** And His Times. 143 who went from the low country and from Wake County. He was waiting for the arrival of some ammunition wagons, which had to make the long journey from Charleston, S. C, before starting with his force. When the wagons, four in number, reached Phifer's Hill, near Concord, they were seized and the ammunition was destroyed by some daring young fellows calling themselves " Black Boys," under the leadership of James White, who was afterwards a brave officer in the Revolution. These young men sympathized with the Regulators who, as they had been led to believe^ were merely resisting oppression, and were guilty of no lawlessness or other crime. The loss of his ammunition was the first serious difficulty that General Waddell encountered, but when he started with three hundred and forty men to join Tryon, and had reached a point a few miles beyond the Yadkin river, he discovered a large force, a much larger one than his own, which had been gathered to oppose his march, and which was ready for a fight. The officers in General Waddell's com- mand were, Griffith Rutherford (afterwards a distinguished Revolutionary officer, who at- tained the rank of Brigadier General), William 144 A Colonial Officer Lindsay, Adlai Alexander, Thomas Neal, Frederick Ross, Robert Shaw, Samuel Spencer, Robert Harris, Samuel Snead, and William Luckie. These officers held a council of war, and drew up a paper which they signed, dated "General Waddell's Camp, Potts' Creek, loth May, 1771," which reads as follows: By a Council of officers of the Western detachment, considering the great superiority of the insurgents in number, and the resolution of a great part of their own men not to fight, it was resolved that they should retreat across the Yadkin. It was also discovered that many of the detachment were communicating wnth the Regulators, and thereupon General Waddell retreated. He then sent a dispatch to Tr3'on acquainting him with the situation of affairs, and Tryon, who was a fearless and skillful officer, immediately moved on the Regulators, and the "battle" of Alamance, en the i6th May, ended the so-called Regulators' war. General Waddell was not present at the Alamance affair, and was doubtless glad of it, for, while his duty as an officer was plain, he, like Caswell, Ashe, Howe, and others, whose patriotism was displaj^ed in the Revolution so soon afterwards, was averse to shedding the And His Times. 145 TdIoocI of an}^ American, even to sustain just authority, and, like them, he was a true friend of liberty. But the conduct of the Regulators forced the issue between law and mob rule, and left no alternative to the authorities but the prompt suppression of them by force. Notwithstanding the overwhelming evidence spread upon the records, and the unanimous judgment of all the writers upon the subject, including the two ablest apologists of the Regulators, Caruthers and Wile}-, the belief has prevailed to some extent in North Caro- lina, and very generall}^ outside of the State, that the Regulators were a body of patriots whose zeal in the cause of liberty could brook no restraint, and that they poured out the first libation to her on American soil, at the battle of Alamance in Tvlay, 1771, in resistance to British oppression. This is a total perversion of the truth of history, and not only does gross injustice, but actually reverses the position of parties in the Revolution. The truth in regard to the Regulators is contained in the following propositions, viz : First. That they were but a small minority of the people of North Carolina. Secojtd. That the}^ contended for no great principle. 146 A Colonial Officer Third. That, with two or three exceptions, there was not a man prominent for intellect or virtue in their organization. Fourth. That they were not republicans. Fifth. That they were Tories in the Revo- lution; and Sixth. That they were opposed by the promi- nent Whig leaders of that day, including such men as Griffith Rutherford, Willie Jones and others, who, after the Revolution, were sus- pected of radicalism. 1. Proof of the first proposition will not be required by any one at all acquainted with the subject. 2. The grievances complained of by the Regulators were purely local, and arose out of the extortions and malpractice of the sheriffs, clerks, registers of deeds and tax-collectors. The offenders were their fellow-subjects and neighbors, and not the King and Parliament, to whom they declared their loyalty and devo- tion in the strongest terms, and proved it by being Tories in the Revolution. The taxes against which they protested were not British taxes, illegally imposed, but taxes imposed by their own representatives in the Assembly — representatives with whom, as declared in the Sandy Creek Association, they proposed to And His Times. 147 confer, and whom they proposed to displace with better men if they did not do right. And if the original purposes of that Association had been carried out in good faith — if by con- certed action they had persistently indicted offenders against the law, and had sued for the penalties provided by the statute (West- minster I), and had tested the legality of seizures and the like, instead of resorting to a "higher law" of their own, and enlisting and training men, and breaking up the Courts, and whipping Judges and attorneys, and attempting with armed force to overawe the Legislature, and committing other similar out- rages — they would have escaped the fate|that befel them, and would have appeared in history in a very different light. 3. The third proposition — that with two or three exceptions, their organization embraced no man prominent for intellect or virtue — cannot be denied. The discussion of historical questions ought to be approached without prejudice or improper motives of any kind; and, therefore, while it is natural and commendable in the descend- ants of the Regulators to seek to vindicate their conduct, the effort cannot be justified either by distorting facts, or by imputing false 148 A Colonial Officer or unworthy motives to others. It has been said that some of the "gentry," as some of the Eastern men were invidiously called, had aided in suppressing the Regulators because of offended pride at not having been consulted upon or placed in charge of the movement. There is no foundation whatever for this strange assertion, and it must be attributed, like mau}^ of the so-called facts which filial piety has supplied in regard to the Regula- tors, to a loose tradition, based upon unjust prejudices. The persons to whom allusion is made as the "gentry," were, almost wathout exception, men who owed nothing to the acci- dents of birth or fortune, but had earned posi- tions of respectability by their public services, their superior intelligence and force of char- acter. Those who are unable or unwilling to recon- cile the conduct of these "gentry" — who in 1765 denounced and resisted with arms the Stamp Act and other legislation of Parliament hostile to America — with their subsequent suppression of the Regulators in 1 771, confuse events which are unconnected with each other, which arose from different causes and were based on different principles. The men of 1765, as British subjects, and And His Times. 149 in the assertion of their rights as snch, resisted the tyranny and oppression of the Crown and Parliament, and proved their determination to preserve their liberties. In i768-'7i, although sympathizing with the Regulators in their local troubles, and having contempt for the officers who practiced extortion and other vil- lainies upon them, they held in equal contempt such pestilent demagogues as Husbands, who, under the guise of virtuous indignation against these local grievances, was instigating the more ignorant people to resist lawful author- ity — thereb}^ confounding right with wrong, and legitimate with illegimate powder, and bringing about a state of anarchy in the Prov- ince. And when, under his leadership, those misguided people undertook to stop the wheels of government — when they broke up the Courts, mobbed the Judges, whipped the attorneys, defied the sheriffs to serve any kind of process, and finally took up arms and organ- ized themselves into a lawless mob, defiant of all authority except their own will — thcu.^ upon the call of the Governor, in pursuance of an Act of x^ssembly, and in the performance of a plain duty as officers and citizens who were bound to maintain the peace and good order of society, they went to meet force with force, and 150 A Colonial Officer to suppress a revolt, which — although based upou just provocation against individuals in its incipienc}^ — had assumed proportions and was contemplating purposes inconsistent with the preservation of the forms of government, or in other words, which meant naked anarchy. The warmest apologist of the Regulators has never justified the lawless and cruel acts perpetrated by them — their gathering in arms to overawe the Legislature and rescue Hus- bands, who had been expelled from that body and afterwards imprisoned, and the various other acts leading up to the battle of Alamance. The author of the latest history of North Carolina'-' — who, it is proper to say, is in no way related to the men of the same name from the Cape Fear country who figured in the troubles of those times, and is not amenable to the charge of inherited prejudice — speaking of these events, says : These misguided people, however much justified in their original movements, had become an intolerable nuisance — an impedi- ment alike to legislation and the administra- tion of public justice. '■■■ '■'- '■- Brutal mobs ranged unchallenged from where Raleigh now stands to Charlotte. *Major John W. Moore. And His Times. 151 And again he says: It has been the habit in North Carolina to assail the motives of Governor Tryon for the militar}^ movements which he inaugurated in the month of March. Whatever may have been his previous errors and mistakes, there can be no rational denial of his eminent pru- dence and propriety on this occasion. The Judges of the Courts, His Majesty's Council, and the House of Assembl}^ all joined in insist- ing that he should raise the forces of the Prov- ince and abate a nuisance that was making North Carolina a stench in the nostrils of all civilized communities. Though the Regula- tion was first planned in resistance to the meanest of tyrannies, it had become the enemy of all true libert}^ and order, and was only the tool of one base and designing man. The conduct, therefore, of the "gentry" in resisting the usurpations of the King and Parliament on the one hand, and in aiding to put down lawlessness on the other, commend them to the profound respect of the historian as men who had a just appreciation of true liberty; and the stigma of being gentlemen, which is sought to be affixed to their names, and memory will serve the double purpose of presenting them in their true character, and of verifying the assertion that the best men of the Province were all on one side, and that 152 A Colonial Officer was the side of law and legitimate rule. As to the leaders of the Regulators — in connection with the proposition that there were, with two or three exceptions, no prominent men among- them — it is to be observed that the mere fact that Husbands was the ruling spirit among them is of itself almost conclusive evidence of the truth of the assertion. As to his character there is no difference of opinion, and as evi- dence of it very different authorities are now given. Governor Try on wrote to the Earl of Hills- borough in 1768: "Not a person of the char- acter of a gentleman appeared among these insurgents. Herman Husbands appears to have planned their operations; he is of a fac- tious temper and has long since been expelled from the Society of the Quakers for the immo- rality of his life." Dr. Caruthers, the ablest apologist of the Regulators, admits that Husbands was not at that time in membership with the Quakers, although he had been ; and Dr. Wiley, another apologist, says Husbands " was not a char- acter worthy of much commendation." He was afterwards an active insurgent in the Whiskey Insurrection in Pennsylvania, which was suppressed by Washington. The two or And His Times. 153 three exceptions which qualify the third proposition above advanced, were made out of regard to some statements to be found in the pages of several writers on the subject of the Regulators' War, but an examination of the sources of information on which they rely,, does not seem to warrant those statements in the unqualified form in which they appear. Not one of these excepted parties ever appeared in arms with the Regulators, or ever took part in their public acts, however much the}' may have indulged in expressions of sympathy with them in their troubles. There is no evi- dence that they approved of the lawlessness and cruelty perpetrated by them. An idea once prevailed, and, perhaps, still prevails, that as the Rev. Dr. Caldwell was a mediator between the Regulators and the Governor, the members of the Presbyterian Church endorsed the Regulators and joined their ranks, and Messrs. Caruthers and Wiley, both of whom were Presbyterian ministers, have, in defend- ing the movement, strengthened the impression alluded to. But the facts do not warrant the conclusion. There were some members of Dr. Caldwell's charge among the Regulators, and Dr. Caldwell, an influential minister, was sup- posed to be in sympathy with them; but his II 154 A Colonial Officer sympathy was not with them as Regulators, for even Caruthers, his biographer, says that he disapproved of and condemned their measures. As a christian minister, he pitied them in distress and danger and tried to mitigate their punishment, but it is unjust to his memory to connect him any farther than this with the insurrection; and it is equally unjust to the Presbyterians of that day to fix upon them any part of the responsibilily. Four ministers of that church in 1768 wrote letters which Col. Osborn read to the troops when defending the Government, and Tryon himself wrote to Lord Hillsborough in December, 1768: "His Maj- esty's Presbyterian subjects showed themselves very loyal on this service, and I have a pleasure in acknowledging the utility that the Presby- terian ministers' letters to their brethren had upon the then face of public affairs." 4. That the Regulators were not republicans is evident, both from their acts and declarations. They declared in an address to the Governor and Council, as follows: "We assure you that neither disloyalty to the best of Kings, nor dissatisfaction to the wholesomest constitution, nor yet dissatisfaction to the Legislature, gave rise to those commotions which now make so much noise." And His Times. 155 They declared their opposition to the Judges because they had not been appointed by the King, and, according to the affidavit of Robert Lytle, they drank "damnation to King George and success to tJir Pretender^'' in 1770. In addition to this they "eagerly" took the oath of allegiance after their defeat at Alamance, and subsequently became active Tories (with ver}' rare exceptions) in the Revolution. 5. When the Revolutionary War broke out in North Carolina the new Governor, Martin, relied for support almost entirely on the High- landers and Regulators, and he was not dis- appointed, for he found them zealous loyalists and cordial haters of the Whigs. The latter, when the Provincial Congress was called together b}^ Samuel Johnston on the 20th of August, 1775, at Hillsborough, apprehended an attack from the Regulators. The fear was general among the members of that body that an attempt would be made to disperse them. If the Regulators were republicans and friends of the cause, how can this apprehension on the part of the Congress be accounted for? One Colson, who was, perhaps, the leader (and certainly was a prominent member) of the Regulators after Husbands fled, surrendered himself to that Congress, and, according to a 156 A Colonial Officer letter written by Governor Johnston, "with every appearance of humility and contrition, even to the shedding of tears, has promised for the future to exert himself with as much assi- duity in favor of our measures, as Jie has hith- erto ill opposition to the my Thus the status of the Regulators is fixed, and, according to the evidence furnished by these two incidents — the apprehension of an attack on the Congress and the surrender of Colson — they were necessarily either Tories or banditti. The history of individuals will not be traced. 6th. The sixth and last proposition was, that they were opposed b}^ the prominent Whig leaders of that day; even by such men as Griffith Rutherford and Willie Jones, who were considered ultra republicans after the Revolution. No better test of popularity could be appealed to than was furnished by the men who, having opposed and suppressed the Regulators, be- came afterwards favorite officers in the Revo- lution ; and it is only necessary to mention some of their names, with the rank they attained, to prove it. (General Waddell died before the Revolution broke out, and, there- fore, is not included.) John Ashe and Robert And His Times. 157 Howe became Major Generals; Francis Nash, Richard Caswell, James Moore, Alexander Ivillington and Griffith Rutherford became Brigadier Generals; others became Colonels, Abner Nash became Major, and, like Caswell, afterwards Governor of the State. Justice, therefore, to the memory of these men who were before, during, and after the Regulators' War, prominent as the enemies of oppression and true patriots, requires that that outbreak which they suppressed should appear upon the page of histor}^ in its true light, viz.: as a lawless and seditious attempt to throw off the restraints of civilization and to redress grievances — which certainly ex- isted — by mob law. With the suppression of the Regulators the militar}^ career of General Waddell — which had extended over sixteen years, and had taken him from Fort Du Quesne on the Western border of Pennsylvania, to the Savannah river on the Southern border of South Carolina, and into Tennessee — ended. It is no part of the purpose of the writer to attempt a vindication of Governor Try on, ex- cept so far as his performance of a plain duty in suppressing an outbreak which threatened ruin to the Province was concerned. His conduct, 158 A Colonial Officer after suppressing it, was cruel and heartless, as well as contemptible and ridiculous. The execution of six prisoners at Hillsborough, including a wretched lunatic who was, tradi- tion saj^s, made a maniac b}^ personal wrongs of the most infamous character perpetrated by some official, was as cruel as it was unneces- sary. Tryon left North Carolina about a month after the battle of Alamance, to become Gov- ernor of New^ York, and about the same time a letter, signed "Atticus," appeared in the newspapers and was widely circulated through- out the country. This letter was written by Judge Maurice Moore, and added greatly to his reputation as a lawyer and writer of bril- liant talents, x^s it not only depicted Tryon's character in vivid colors, but gave the best history of his administration, and was written by one who, although appointed a Judge by him and required, in the discharge of his ofiicial duties, to try such cases as were brought before him, had a very just estimate of the Governor; and as it has not been published in fifty years, it is here given in full: To his Excellency IVilliani Tiyon^ Esquire : I am too well acquainted with your charac- ter to suppose you can bear to be told of your And His Times. 159 faults with temper. You are too much of the soldier, and too little of the philosopher, for reprehension. With this opinion of your Ex- cellency, I have more reason to believe that this letter will be mere serviceable to the prov- ince of New York, than useful or entertaining to its governor. The beginning of your ad- ministration in this province was marked with oppression and distress to its inhabitants. These, Sir, I do not place to your account ; they are derived from higher authority than yours. You were, however, a dull, yet willing instrument, in the hands of the British Min- istry to promote the means of both. You called together some of the principal inhabi- tants of your neighborhood, and in a strange, inverted, self-affecting speech, told them that 3'ou had left your native country, friends, and connexions, and taken upon yourself the gov- ernment of North Carolina with no other view than to serve it. In the next breath, Sir, you advised them to submit to the Stamp Act, and become slaves. How could you reconcile such baneful advice with such friendly professions? But, Sir, self-contradictions with you have not been confined to words only ; they have been equally extended to actions. On other occa- sions you have played the governor with an air of greater dignity and importance than any of your predecessors; on this, your Excellency was meanly content to solicit the currency of stamped paper in private companies. But, alas ! ministerial approbation is the first wish i6o A Colonial Officer of your heart; it is the best security you have for your office. Engaged as you were in this disgraceful negotiation, the more important duties of the governor were forgotten, or wil- fully neglected. In murmuring, discontent, and public confusion, you left the colony com- mitted to your care, for near eighteen months together, without calling an assembly. The Stamp Act repealed, you called one ; and a fatal one it was ! Under every influence your character afforded you, at this Assembly, was laid the foundation of all the mischief which has since befallen this unhappy province. A grant was made to the crown of five thousand pounds, to erect a house for the residence of a governor; and you, Sir, were solely intrusted with the management of it. The infant and impoverished state of this country could not afford to make such a grant, and it was 3^our duty to have been acquainted with the circum- stances of the colony you governed. This trust proved equally fatal to the interest of the province and to your Excellency's honor. You made use of it. Sir, to gratify your vanity, at the expense of both. It at once afforded you an opportunity of leaving an elegant monu- ment of your taste in building behind you, and giving the ministry an instance of your great influence and address in your new gov- ernment. You, therefore, regardless of every moral, as well as legal obligation, changed the plan of a province-house to that of a palace, worthy the residence of a prince of the blood, And His Times. i6i and augmented the expense to fifteen thousand pounds. Here, Sir, you betrayed your trust, disgracefully to the governor, and dishonora- bly to the man. This liberal and ingenious stroke in politics may, for all I know, have promoted you to the government of New York. Promotion ma}' have been the reward of such sort of merit. Be this as it may, you reduced the next Assembly you met to the unjust alternative of granting ten thousand pounds more, or sinking the five thousand they had already granted. They chose the former. It was most pleasing to the governor, but directly contrary to the sense of their constituents. This public imposition upon a people, who, from poverty, were hardly able to pay the necessary expenses of government, occasioned general discontent, which your Hxcellencv, with wonderful address, improved into a civil war. In a colony without money, and among a people, almost desperate with distress, public profusion should have been carefully avoided ; but unfortunately for the country, you were bred a soldier, and have a natural, as well as acquired fondness for military parade. You were intrusted to run a Cherokee boundary about ninety miles in length ; this little ser- vice at once afforded you an opportunit}' of exercising your military talents, and making a splendid exhibition of yourself to the Indians. To a gentleman of your Hxceilencj^'s turn of mind, this was no unpleasing prospect ; you i62 A Colonial Officer marched to perforin it, in a time of profonnd peace, at the head of a conipan}^ of militia, in all the pomp of war, and returned with the honorable title, conferred on you by the Chero- kees, of Great Wolf of North Carolina. This line of marked trees, and your Excellency's prophetic title, cost the province a greater sum than two pence a head, on all the taxable per- sons in it for one year, would pa}-. Your next expedition, Sir, was a more important one. Four or five hundred ignorant people, who called themselves Regulators, took it into their head to quarrel with their repre- sentative, a gentleman honored with your Excellency's esteem. They foolishly charged him with every distress they felt; and, in revenge, shot two or three musket balls through his house. They at the same time rescued a horse which had been seized for the public tax. These crimes were punishable in the courts of law, and at that time the criminals were amen- able to legal process. Your Excellency and your confidential friends, it seems, were of a different opinion. All your duty could possi- bly require of you on this occasion, if it required any thing eat all, was to direct a prosecution against th offenders. You should have care- fully avoided becoming a party in the dispute. But, Sir, your genius could not lie still; you enlisted yourself a volunteer in this service, and entered into a negotiation with the Regu- lators, which at once disgraced you and encour- aged them. They despised the governor who And Hls TimRvS. 163 had degraded his own character b}- taking part in a private quarrel, and insulted the man whom they considered as personally their enemy. The terms of accommodation your Kxcellency had offered them were treated with contempt. What they were, I never knew; the}' could not have related to public offences ; these belong to another jurisdiction. xA.ll hopes of settling the mighty contest by treaty ceas- ing, you prepared to decide it by means more agreeable to your martial disposition, an appeal to the sword. You took the field in September, 1768, at the head of ten or twelve hundred men, and published an oral manifesto, the substance of which was, that you had taken up arms to protect a superior court of justice from insult. Permit me here to ask you. Sir, why you were apprehensive for the court? Was the court apprehensive for itself? Did the judges, or the attorney-general, address 3'our Excellency for protection ? So far from it, Sir, if these gentle- men are to be believed, they never entertained the least suspicion of any insult, unless it was that which they afterwards experienced from the undue influence you offered to extend to them, and the military display of drums, colors, and guards, with which they were surrounded and disturbed. How fullv has your conduct, on a like occasion since, testified that you acted in this instance from passion, and not from principle! In September, 1770, the Regu- lators forcibly obstructed the proceedings of Hillsborough Superior Court, obliged the ofii- 164 A Colonial Officer cers to leave it, and blotted out the records. A little before the next term, when their contempt of courts was sufficiently proved, you wrote an insolent letter to the judges, and attorney- general, commanding them to attend to it. Why did.you not protect the court at this time? You will blush at the answer, Sir. The con- duct of the Regulators, at the preceding term, made it more than probable that those gentle- men would be insulted at this, and you were not unwilling to sacrifice them to increase the guilt of your enemies. Your Excellency said that you had armed to protect a court. Had you said to revenge the insult you and your friends had received, it would have been more generally credited in this country. The men, for the trial of whom the court was thus extravagantly protected, of their own accord, squeezed through a crowd of soldiers, and surrendered themselves, as if they were bound to do so by their recognizance. Some of these people were convicted, fined, and imprisoned, which put an end to a piece of knight-errantry, equally aggravating to the populace and burthen some to the country. On this occasion, Sir, you were alike successful in the diffusion of a military spirit through the colony and in the warlike exhibition you set before the public; you at once disposed the vulgar to hostilities, and proved the legalit}^ of arming, in cases of dispute, by example. Thus warranted b\^ precedent and tempered by sym- path}^, popular discontent soon became resent- And His Times. 165 ment and opposition; revenge superseded jus- tice, and force the laws of the country ; courts of law were treated with contempt, and gov- ernment itself set at defiance. For upwards of two months was the frontier part of the country left in a state of perfect anarchy. Your Excellency then thought fit to consult the representatives of the people, who pre- sented you a bill which you passed into a law. The design of this act was to punish past riots in a new jurisdiction, to create new offences and to secure the collection of the public tax ; which, ever since the province had been sad- dled with a palace, the Regulators had refused to pay. The jurisdiction for holding pleas of all capital offences was, by a former law, con- fined to the particular district in which they were committed. This act did not change that jurisdiction; yet your Excellency, in the ful- ness of your power, established a new one for the trial of such crimes in a different district. Whether you did this through ignorance or design can only be determined in your own breast; it was equally violative of a sacred right, every British subject is entitled to, of being tried by his neighbours, and a positive law of the province you yourself had ratified. In this foreign jurisdiction, bills of indictment were preferred, and found, as well for felonies as riots against a number of Regulators; they refused to surrender themselves within the time limited by the riot act, and your Excel- lency opened your third campaign. These i66 A Colonial Officer indictments charged the crimes to have been committed in Orange Count}-, in a distinct district from that in which the court was held. The superior court law prohibits prosecution for capital offences in anj^ other district than that in which they were committed. What distinctions the gentlemen of the long robe might make on such an occasion I do not know, but it appears to me those indictments might as well have been found in your Excel- lency's kitchen; and give me leave to tell you, Sir, that a man is not bound to answer to a charge that a court has no authority to make, nor doth the law punish a neglect to perform that which it does not command. The riot act declared those onh^ outlawed who refused to answer to indictments legally found. Those who had been capitally charged were illegally indicted, and could not be outlaws; yet 3'our Excellency proceeded against them as such. I mean to expose your blunders, not to defend their conduct; that was as insolent and daring as the desperate state your administration had reduced them to could possibly occasion. I am willing to give you full credit for every service you have rendered this country. Your active and gallant behaviour, in extinguishing the flame you yourself had kindled, does you great honor. For once your military talents were useful to the province ; you bravely met in the field, and vanquished, an host of scoundrels, whom 3'ou had made intrepid by abuse. It seems clifiBcult to determine. Sir, whether your And His Times. 167 Excellency is more to be admired for your skill in creating the cause, or your bravery in sup- pressing the effect. This single action would have blotted out for ever half the evils of your administration; but alas! Sir, the conduct of the general after his victor}-, v^-as more dis- graceful to the hero who obtained it, than that of the man before it had been to the governor. Wh}' did you stain so great an action with the blood of a prisoner w^ho was in a state of insanity? The execution of James Few^ was inhuman ; that miserable wretch was entitled to life till nature, or the laws of his country, deprived him of it. The battle of the Alle- mance was over; the soldier was crowned with success, and the peace of the province restored. There was no necessity for the infamous ex- ample of an arbitrary execution, without judge or jury. I can freely forgive you. Sir, for killing Robert Thompson, at the beginning of the battle; he was your prisoner, and was making his escape to fight against you. The laws of self-preservation sanctified the action, and justly entitle your Excellenc}- to an act of indemnity. The sacrifice of Few% under the criminal circumstances, could neither atone for his crime nor abate your rage ; this task was reserved for his unhappy parents. Your ven- geance, Sir, in this instance, it seems, moved in a retrograde direction to that proposed in the second commandment against idolaters ; you visited the sins of the child upon the father. 1 68 A Colonial Officer and, for want of the third and fourth genera- tion to extend it to, collaterally divided it between brothers and sisters. The heavy affliction, with which the untimely death of a son had burthened his parents, was sufficient to have cooled the resentment of any man, whose heart was susceptible of the feelings of humanity; yours, I am afraid, is not a heart of that kind. If it is, why did you add to the distresses of that family? Wh}^ refuse the petition of the town of Hillsborough in favor of them, and unrelentingly destroy, as far as you could, the means of their future existence? It was cruel. Sir, and unworthy a soldier. Your conduct to others after your success, whether it respected person or property, was as lawless as it was unnecessarily expensive to the colon3^ When your Excellency had exemplified the power of government in the death of a hundred Regulators, the survivors, to a man, became proselytes to government; they readily swallowed 3- our new-coined oath^ to be obedient to the laws of the province, and to pay the public taxes. It is a pity. Sir, that in devising this oath, 3^ou had not attended to the morals of those people. You might easily have restrained every criminal inclination, and have made them good men, as well as good subjects. The battle of the Allemance had equally disposed them to moral and to political conversion ; there was no necessity. Sir, when the people were reduced to obedience, to ravage the country, or to insult individuals. And His Times. 169 Had your Excellency nothing else in view than to enforce a submission to the laws of the countr}', you might safely have disbanded the army within ten days after your victory; in that time the chiefs of the Regulators were run away, and their deluded followers had returned to their homes. Such a measure would have saved the province twenty thou- sand pounds at least. But, Sir, you had farther emplojanent for the army; you were, by an extraordinary bustle in administering oaths, and disarming the countrj^, to give a serious appearance of rebellion to the outrage of a mob ; you were to aggravate the impor- tance of 3'our own services by changing a general dislike of your administration into disaffection to his Majesty's person and gov- ernment, and the riotous conduct that dislike had occasioned into premeditated rebellion. This scheme. Sir, is really an ingenious one; if it succeeds, 3-011 may possibly be rewarded for your services with the honor of knighthood. From the i6th of May to the i6th of June, you were busied in securing the allegiance of rioters, and levying contributions of beef and flour. You occasionally^ amused yourself with burning a few houses, treading down corn, insulting the suspected, and holding courts- martial. These courts took cognizance of civil as well as military ofl'ences, and even extended their jurisdiction to ill-breeding and want of good manners. One Johnston, who was a reputed Regulator, but whose greatest crime,. 12 170 A Colonial Officer I believe, was writing an impudent letter to your lad}^, was sentenced, in one of these mili- tary courts, to receive five hundred lashes, and received two hundred and fifty of them accord- ingly. But, Sir, however exceptionable your conduct may have been on this occasion, it bears little proportion to that which j-ou adopted on the trial of the prisoners you had taken. These miserable wretches were to be tried for a crime made capital by a temporary act of Assembly of twelve months' duration. That act had, in great tenderness to his Maj- esty's subjects, converted riots into treasons. A rigorous and punctual execution of it was as unjust as it was politically unnecessary^ The terror of the examples now proposed to be made under it was to expire, with the law, in less than nine months after. The suffer- ings of these people could therefore amount to little more than mere punishment to them- selves. Their offences were derived from public and from private impositions; and they were the followers, not the leaders, in the crimes they had committed. Never were criminals more justly entitled to every lenity the law could afford them ; but. Sir, no con- sideration could abate your zeal in a cause you had transferred from yourself to your sover- eign. You shamefully exerted every influence of vour character against the lives of these people. As soon as you were told that an in- dulgence of one day had been granted b^^ the court to two men to send for witnesses, who And His Times. 171 actually established their innocence, and saved their lives, you sent an aid-de-camp to the judges and attorney-g-eneral, to acquaint them that you were dissatisfied with the inactivity of their conduct, and threatened to represent them unfavorably in England if they did not proceed with more spirit and despatch. Had the court submitted to influence, all testimony on the part of the prisoners would have been excluded ; they must have been condemned, to a man. You said that your solicitude for the condemnation of these people arose from your desire of manifesting the lenity of government in their pardon. How have your actions con- tradicted \^our words ! Out of twelve that were condemned, the lives of six only were spared. Do you know, Sir, that your lenit}^ on this occasion was less than that of the bloody Jeffries in 1685? He condemned five hundred persons, but saved the lives of two hundred and seventy. In the execution of the six devoted offenders, your Excellency was as short of General Kirk in form, as you were of Judge Jeff"ries in lenity. That general honored the execution he had the charge of with play of pipes, sound of trumpets, and beat of drums; you were con- tent with the silent displaj- of colors only. The disgraceful part you acted in this cere- mony, of pointing out the spot for erecting the gallows, and clearing the field around for drawing up the army in form, has left a ridicu- lous idea of your character behind you, which 172 A Colonial Officer bears a strong resemblance to that of a busy undertaker at a funeral. This scene closed your Excellency's administration in this coun- try, to the great joy of every man in it, a few of your own contemptible tools only excepted. Were I personally your Excellency's enemy, I would follow you into the shade of life, and show you equally the object of pity and con- tempt to the wise and serious, and of jest and ridicule to the ludicrous and sarcastic. Truly pitiable, Sir, is the pale and trembling impa- tience of your temper. No character, however distinguished for wisdom and virtue, can sanc- tify the least degree of contradiction to your political opinions. On such occasions. Sir, in a rage, you renounce the character of a gentle- man, and precipitately mark the most exalted merit with every disgrace the haughty inso- lence of a governor can inflict upon it. To this unhappy temper. Sir, msiy be ascribed most of the absurdities of your administration in this country. It deprived you of every assistance men of spirit and abilities could have given 3^ou, and left 3'ou, with all your passions and inexperience about 3'OU, to blunder through the duties of your office, supported and ap- proved by the most profound ignorance and abject servility. Your pride has as often exposed you to ridi- cule, as the rude petulance of 3^our disposition has to contempt. Your solicitude about the title of //(^r ExceUe7icy for Mrs. Tryon, and the arrogant reception you gave to a respect- And His Times. 173 able company at an entertainment of your own making, seated with your lady by your side on elbow-chairs, in the middle of the ball-room, bespeak a littleness of mind, which, believe me. Sir, when blended with the dignity and importance of your office, renders you truly ridiculous. High stations have often proved fatal to those who have been promoted to them ; yours. Sir, has proved so to j^ou. Had you been con- tented to pass through life in a subordinate military character, with the private virtues you have, you might have lived serviceable to your country, and reputable to yourself; but. Sir, when, wath ever}- disqualifying circumstance, you took upon you the government of a prov- ince, though you gratified your ambition, you made a sacrifice of yourself. Yours, &c. Atticus. In an old volume, containing a number of pamphlets and letters of the Revolutionary period, which has recently come into the writer's possession, there are some amusing criticisms of Tryon, written from New York by a Loyalist. In one letter, dated December loth, 1777, the writer says that Tryon's inju- dicious conduct had been of infinite prejudice to the British cause — that he followed the army everywhere, administering oaths of alle- giance, and "puffing off" his assiduity;" and 174 A Colonial Officer that as one method of converting the rebels he sent out officers with flags of truce, loaded down with sermons to distribute among them — "with which sermons the rebels light their tobacco-pipes, or expend them in other neces- sary uses." Again he says: "Governor, now General, Tryon, who is the pink of politeness, and the quintescence of vanity, chose to dis- tinguish himself by petitioning that the Pro- vincials under his command should occupy the outposts at Kingsbridge ; he had his wish for a long time, by which we lost numbers of our best recruits. The man is generous, perfectly good-natured, and no doubt brave ; but weak and vain to an extreme degree. You should keep such people at home, they are excellent for a court parade. I wish Mrs. Tryon would send for him." Note. — The following is the Act of the Legislature in regard to the Regulators. It was an exceedingly harsh measure, but it was the Act of North Carolinians themselves, and not of the British Crown or Parliament. So far from being the latter, as soon as it reached England it was repudiated and denounced, and similar legislation was forever forbidden ; so that, as is urged in the text, it was not "British" oppression against which the Regulators contended : An Act for preventing Tuviults and Riotous Assemblies, for the more speedy and effectual punishing the Rioters and for restoring and preserving the Public Peace of this Province, Whereas of late many seditious Riots and tumults have been in divers Parts of this Province to the disturbance of the Public And His Times. 175 Peace, the Obstruction of the Course of Justice, and tending to subvert the Constitution, and the same are yet continued and fomented by Persons disaffected to his Majest3''s government. And whereas it hath been doubted by some how far the Laws now in Force are sufficient to inflict punishment adequate to such heinous Offences. Be it therefore enacted by the Governor, Councill and Assem- bly, and by the Authority of the same, That if any Persons to the number of ten or more, being unlawfully and tumultuously and riotously assembled together, to the disturbance of the Public Peace, at any time after the first Day of February next, and being openly required or commanded by any one or more Justices of the Peace or Sheriff to disperse themselves, and peaceably to depart to their habitations, shall to the number of ten or more, notwithstanding such Cominand or Request made remain or continue together by the space of one Hour after such Command or request, that their continuing together to the number of ten or more shall be adjudged F*elony, and the offenders therein and each of them, shall be adjudged Felons and shall suffer Death as in case of Felony and shall be utterly excluded from his or their clergy, if found guilty by a verdict of a Jury or shall confess the same, upon his or their arraign- ment or will not answer directly to the same, according to the Laws of this Province, or shall stand mute or shall be outlawed, and every such Justice of the Peace and Sheriff within the limits of their respective Jurisdictions, are hereby authorized, impowered and required on Notice or Knowledge of aiiy such unlawful, riotous and tumultuous Assembly to resort to the Place where such unlawful riotous, and tumultuous Assembly shall be, of Persons to the Number of ten or more and there to make, or cause to be made such Request or Command. And be it further enacted by the authority aforesaid that if such Persons so unlawfully, riotouslj- and tumultuously assem- bled or ten or more of them, after such Request or Command made in manner aforesaid shall continue together and not dis- perse themselves within one Hour, that then it shall and may be lawful to and for every Justice of the Peace or Sheriff of the County where such Assembly shall be and also to and for such 176 A Colonial Officer Person or Persons as shall be commanded to the aiding and assisting to any such Justice of the Peace or Sheriff, who are liereby authorized, impowered and required to command of His Majesty's Subjects of this Province of Age and Ability to be assisting to them therein, to seize and apprehend such Per- sons so unlawfully, riotously and tumultuously continuing together, after such Request or Command made as aforesaid and forthwith to carry the persons so apprehended before one or more of his Majesty's Justices of the Peace of the County where such Persons shall be so apprehended in Order to their being proceeded against for such their Offences according to Law. And that if the Persons so unlawfully riotously and tumultuovisly assembled or any of them shall happen to be killed maimed or hurt in the dispersing, seizing or apprehend- ing or endeavoring to disperse, seize or apprehend them by Reason of their resistance that then every such justice of the Peace, Sheriff under Sheriff and all other Persons being aiding or assisting to them or any of them shall be free discharged and indemnified, as well against the King, his Heirs and Suc- cessors as against all and every other Person and Persons of for and concerning the killing, maiming or hurting of any such Person or Persons so unlawfully riotously and tumultuously assembled. And be it further enacted by the authority aforesaid that if any Persons to the Number of Ten or more, unlawfully, riot- ously or tumultuously assembled together to the disturbance of the public Peace, shall unlawfully and with Force at any time after the first Day of March next, during the sitting of any of the Courts of Judicature within the Province, with an inteniion to destruct or disturb the proceedings of such Court, assault, beat or wound or openly threaten to assault, beat or wound any of the Judges, Justices or other Officer of such Court, during the continuance of the term or shall assault, beat or wound or openly threaten to assault, beat or wound, or shall unlawfully and with force hinder and destruct any Sheriff, Under Sheriff, Coroner or Collector of the public Taxes in the discharge or execution of his or their office or shall unlawfully and with Force demolish, pull down or destroy or begin to demolish, And His Times. 177 pull down or destroy anj' Church or Chapel or any Building for religious Worship o'* any Court House or Prison or any Dwelling House, Barn Stable or other Outhouse that then every such offence shall be adjudged Felony. And the Offenders therein their leaders abettors and Advisers shall be adjudged felons and shall suffer death as in due case of felony and be utterly excluded from his or their clergy, if found guilty by verdict of a Jury or shall confess the same upon his or their arraignment or will not answer directly to the same according to the laws of this Province or shall stand mute or shall be out- lawed. And whereas it hath been found by experience that there is great difficulty in bringing to justice Persons who have been or may be guilty of any of the Offences before mentioned : For Remedy thereof Be it enacted by the Authority aforesaid that it shall and may be lawful to and for the Attorney General of this Province for the time being or his deputies to commence Prosecutions against any Person or Persons who have any time since the first Day of March last or shall at any time hereafter commit or perpetrate any of the Crimes or Offences herein before mentioned in any Superior Court with this Province or in any Court of Oyer and Terminer by the Governor or Commander in Chief for the time being, specially instituted and appointed and the Judges or Justices of such Court are hereby authorized, impowered and required to take Cognizance of all such Crimes and Offences, and proceed to give Judgment and award Execution thereon, although in a different County or District from that wherein the Crime was committed and that all Proceedings thereupon shall be deemed equally valid and sufficient in Law as if the same had been prosecuted in the County or District wherein the Offence was committed, any Law, Usage or Custom to the Contrary notwithstanding. And be it further enacted, by the Authority aforesaid that the Judges or Justices of such Court of Oyer and Terminer so commissioned shall direct the Clerk of the District wherein such Court of Oyer and Terminer is to be held to issue Writs of Venire Facias, and the proceedings thereon to be in all respects the same as directed by an Act of Assembly passed at New Bern in January in the year of our Lord One thousand 178 A Colonial Officer seven hundred and sixty eight intituled An Act for dividing this Province into six several districts and for establishing a superior Court of Justice in each of the said districts and regu- lating the proceedings therein, and for providing adequate salaries for the Chief Justice and the Associate Justices of the said superior Courts. Provided nevertheless that no Person or Persons heretofore guilty of any of the Crimes or Offences in this Act beforemen- tioned although convicted thereof in a different County or district from that wherein such Offence was committed shall be subject to any other or greater punishment than he or they would or might have been had this Act never been made. And to the end that the Justice of the Province be not eluded by the resistance or escape of such enormous Offenders, Be it further enacted by the Authority aforesaid, that from and after the passing of this Act, if any Bill or Bills of any indictment be found or presentment or presentments made against any Person or Persons for any of the Crimes or Offences herein before mentioned it shall and may be Lawful for the Judges or Justices of the Supreme Court or Court of Oyer and Ter- miner, wherein such Indictment shall be found or presentment made and they are hereby impowered and required to issue their proclamation to be affixed or put up at the Court House and each Church and Chappel of the County where the Crime was committed, commanding the Person or Persons against whom such Bill of Indictment is found or presentment made to surrender himself or themselves to the Sheriff of the County wherein such Court is held within sixty Days. And in case such Person or Persons do not surrender himself or themselves accordingly, he or they shall be deemed guilty of the offence charged in the Indictment found or presentment made in like manner as if he or they had been arraigned and convicted thereof by due Course of Law, And it shall and may be lawful to and for any Person or Persons to kill and destroy such Offenders, and such Person or Persons killing such Offender or Offenders shall be free discharged and indemnified, as well against the King, his Heirs and successors, as against all and every Person and Persons for and concerning the killing and destroying such Offender or Offenders and the lands and And His Times. 179 chattels of such Offender or OfiFenders shall be forfeited to his Majesty, his Heirs and successors, to be sold by the Sheriff, for the best Price that may be had, at public Vendue, after notice by advertisement ten Days and the Monies arising from such sale, to be paid to the Treasurer of the District wherein the same shall be sold and applied towards defraying the con- tingent Charges of government. And whereas by the late Riots and Insurrections at the last Superior Court held for the district of Hillsborough it may be justly apprehended that some endeavors will be made to pro- tect those who have been guilty of such Riots and Insurrections as well as those who may hereafter be guilty of the Crimes and Offences herein before mentioned : For Prevention thereof and restoring Peace and Stability to the regular government of this Province, Be it enacted by the Authority aforesaid, that the Governor or Commander in Chief for the time being is hereby fully authorized and empowered to order and command that necessary draughts be made from the different Regiments of Militia in this Province to be under the Command of such Officer or Officers as he may think proper to appoint for that purpose at the Public Expence to be by him employed in Aid and Assistance of the Execution of this Law, as well as to pro- tect the Sheriffs and Collectors of the public Revenue in Dis- charge of their several duties, which draught or Detachments of Officers and Soldiers when made shall be found, provided for, and paid, in the same manner and at the same rates and subject to the same Rules and Discipline as directed in case of an Insurrection in and by an Act of Assembly made in the year of our Lord One thousand seven hundred and sixty eight, entitled. An Act for the establishing a Militia in this Province. And for effectually carrying into execution the purposes aforesaid, Be it enacted by the Authority aforesaid, that it shall and may be Lawful for the Governor and Commander in Chief for the time being to draw upon both or either of the Publick Treasurers of this Province by Warrant from under his Hand and Seal, for Payment of any such sums of Money as shall or may be immediately necessary for the carrying on and per- forming of such Service and the said Treasurers or either of them are hereby directed and required to answer and pay such i8o A Colonial Officer Warrants as aforesaid out of the contingent Fund, which shall be allowed in their settlement of the Public Accounts. And be it further Enacted by the Authority aforesaid, that if any number of Men shall be found embodied and in an armed and hostile Manner, to withstand or oppose any military Forces, raised in Virtue of this Act, and shall when openly and pub- lickly required, commanded by any Justice of the Peace or Sheriff of the County where the same shall happen, to lay down their Arms and surrender themselves, and then and in such Case the said Persons so unlawfully assembled and with- standing, opposing and resisting shall be considered as Traitors and may be treated accordingly. And be it further Enacted by the Authority aforesaid, that the Justices of every Superior Court shall cause this Act to be read at the Court House Door, the second Day of each Court for their Counties, and that the Minister, Clerk or Reader of every Parish in this Province shall read or cause the same to be read at every Church, Chappel or other Place of Public Worship within their respective Parishes, once in three Months at least immediately after Divine Service, during the continu- ance of this Act. And be it enacted, by the authority aforesaid that this act shall continue and be in Force for one year and no longer. Read three times in open Assembly and Ratified the 15th Day of January 1771. Wii^iviAM Tryon, James Hasell, President. Richard Caswell, Speaker. A true Copy of An Act passed last Session of Assembly. Robert Palmer, Secretarv. And His Times. i8r CHAPTER V. The Social Life of the Colony — Marriage of General Waddell — His Civil Services — Family — Death — Will — Conclusion of Biography. ^ I ^HERE is, to the curious in such matters, ^ a mine of the most interesting information hidden in the musty records of the oldest counties in North Carolina, and until these records shall have been exhausted — and as yet they have hardly been tapped — there will be no perfect portrait of the early civilization of the State. The minute books of the Courts, of which tribunals there were at different times various sorts with curious and conflicting jurisdictions, and the records of wills and deeds in the Clerks' and Registers' offices, present the most attractive field of investigation ; and these, with the private correspondence aud traditions which have been preserved in many families, afford the best if not the only accurate picture of the social life and customs of the people. Some of these customs lingered long after the beginning of the present century, and in 1 82 A Colonial Officer some parts of the State had not totally disap- peared by the middle of it. Especially was this true of the Scotch element of the popula- tion, who settled on and near the upper Cape Fear river, and some of whose customs are still preserved in a more or less modified form by their descendants. The settlers who came to the Colony from Ireland were themselves of Scotch descent or birth, and were known as Scotch-Irish. The Rowans, whose name was pronounced Roan, came originally from Lanarkshire in Scotland, as did the ancestors of General Waddell, and it was, doubtless, through the connection or association of these families and that of Dobbs that young Waddell was induced to come to North Carolina. The social life was a reflex of that in the old countr}^, and to the miserable libels which, under the name of histor}-, have been pub- lished concerning the civilization of the Colony, it is only necessary to give for answer the names and attainments of some of the leading spirits who lived in it. From a glance at them it will plainly appear that, so far from being the rude — much less the ignorant and de- graded — society sometimes represented, they were, in proportion to population, equal in social and intellectual culture to and as much And His Times. 183 attached to the principles of enlightened libert}'- as any people on the continent. Manj^ of them were educated in Knglish universities, or at Edinboro or Dublin, and owned large estates where they dispensed a generous and elegant hospitality. In the Northern end of the Colony, "the Court end of the Province," in and around Edenton, "there was," says McRee in his Life and Correspondence of James Iredell^ "in proportion to its population, a greater number of men eminent for ability, virtue and erudition than in any other part of America," and he gives a long list of names with a brief biographical notice of each in proof of his assertion.'^' This list includes John Harve}^, who was uncjuestionably a man of great intel- lectual endowments, and who, but for his death in 1775, would have been a great leader among the statesmen of the Revolution ; Joseph Hewes, one of the signers of the Declaration of Independence; Samuel Johnston, a great lawj^er. Governor of the State and the first Senator from North Carolina in 1789; Colonel John Dawson, a lawyer, whose mansion, " Eden House," was the resort of a "refined society," and the seat of a " splendid hospitality," as *Vol. I, 33- 184 A Colonial Officer testified to by Mr. Avery (who was himself a graduate of Princeton, was a signer of the Mecklenburg Declaration, and Attorney Gene- ral of the State); Colonel Edward Buncombe, an educated English gentleman of large wealth, who was Colonel of the 5th Regiment of North Carolina Troops, and killed at Germantown 1777; Thomas Jones, a distinguished lawyer, who drafted the State Constitution in 1776; Sir Nathaniel Dukinfield, a member of the Council — and many others, professional men, merchants and planters, to whom is to be added James Iredell, the great lawyer, who was afterwards a Justice of the Supreme Court of the United States. In the Southern end of the Province, at Brunswick and Wilmington, and along the Cape Fear, there was an equally refined and cultivated society and some very remarkable men. No better society existed in America, and it is but simple truth to say that for clas- sical learning, wit, oratory, and varied accom- plishments no generation of their successors has equalled them. Their hospitality was boundless and pro- verbial, and of the manner in which it was enjoyed there can be no counterpart in the present age. Some of them had town resi- And His Times. 185 deuces, but most of them lived on their planta- tions, and they were not the thriftless char- acters that by some means it became fashionable to assume that all Southern planters were. There was much gayety and festivity among- them, and some of them rode hard to hounds^ but as a general rule they looked after their estates, and kept themselves as well informed in regard to what was going on in the world as the limited means of communication allowed. There was little display, but in almost every house could be found valuable plate, and, in some, excellent libraries. The usual mode of travel was on horseback, and in "gigs" or " chairs," which were vehicles without springs but hung on heavy straps, and to which one horse, and sometimes, by young beaux, two horses taudciii were driven ; a mounted servant rode behind, or, if the gig was occupied by ladies, beside the horse. The family coach, was mounted by three steps, and had great carved leather springs, with baggage rack behind, and a high, narrow driver's seat and box in front. The gentlemen wore clubbed and powdered queues and knee-breeches, with buckled low-quartered shoes, and many carried gold or silver snuff-boxes which, being first tapped, were handed with grave courtes5r 13 1 86 A Colonial Officer to their acquaintances when passing the compliments of the da3^ There are per- sons still living who remember seeing these things in their early 3''outh. The writer of these lines himself remembers seeing in his childhood the decaying remains of old "chairs" and family coaches, and knew at that time several old negroes who had been body ser- vants in their youth to the proprietors of these ancient vehicles. It is no wonder they some- times drove the coaches four-in-hand. It was not only grand style, but the weight of the vehicle and the character of the roads made it necessary. During the period embraced in these pages, four-wheeled pleasure vehicles were rare, and even two-wheeled ones were not common, except among the town nabobs and well-to-do planters. The coaches, or chariots, as a certain class of vehicles w^as called, were all imported from England, and the possession of such a means of locomotion was evidence of high social position. It was less than twenty years before the period named, that the first stage zuagon in the Colonies, in 1738, was run from Trenton to New Brunswick, in New Jerse}^, twice a week, and the advertisement of it assured the public that it would be "fitted up And His Times. 187 with benches and covered over so that passen- gers may sit easy and dry."'=' The inns, ordinaries, or taverns, as they were called before the word Jiotcl was borrowed from the French, were few and far between, and were of the most primitive kind, and the consequence was, that every man of substance kept open house and entertained any respect- able traveller, as a matter of course, without charge. There was not enough travel to make it burdensome, and the occasional travellers were to their hosts what the newspapers of to-day are to their descendants ; and the inform- ation imparted b}^ them and the pleasure of their company, if they were intelligent, sup- plied the place of the currency which was generally requisite to every traveller in other parts of the country when seeking " enter- tainment for man and beast." These mere travellers seldom passed through the back set- tlements, but only along or near the seacoast, as that was the most populous and wealthy region of the country, but if they did wander farther into the interior the hospitality was as cordial, if less elegant in its surroundings. This characteristic of the people of North *Edward Eggleston iu Century Magazine for August, 1885. i88 A Colonial Officer Carolina marks them as distinctly now as it did then, but, thanks to railroads and modern civilization, they are not required to manifest it in the same way. As the Northern Colonies soon became popu- lous and their commercial and manufacturing interests became dominant, there was a corre- sponding change in their social customs; but in the South, w^hich has always been the land of the planter, the conditions, until a very recent period, were little varied, and the social life of the people remained much the same. It was, necessaril}', for the most part, a simple and unpretending life, in which the cardinal virtues were cultivated, and it was, in some respects, sui generis. It bred pure women and brave men who did not measure the merits of others, or their own, by the extent of their worldly possessions, and did not recognize the golden calf as an object of worship. It was a life given to hospitality, and, although marked by some features which appear rude and unattractive to modern eyes, was characterized by others which might be imitated with profit by the present generation. The respect for authority, the deference paid to age, to parents, and to women, and the sense of personal honor among men which And His Times. 189 prevailed, would be regarded as quite fantastic in this age of superior enlightenment; but they are, after all, the truest signs of real civilization and the safest guarantees of good government. There seems to have been, from a very early period, a decided taste for the drama in Wil- mington, which was one of the many evidences of culture among the people. Indeed, the first drama ever written in America was written there in 1759 by a 3'oung man named Thomas Godfrey, a native of Philadelphia, who died in Wilmington August 3d, 1763, aged 27, and is buried in St. James's church-yard. His father, of the same name, in 1730, made the improve- ment on Davis's quadrant, for which the Royal Society granted him £ 200. Young Godfrey's tragedy was entitled "A Prince of Parthia." It was, with some of the author's poems, edited by Nathaniel Evans, and published in Philadelphia in 1765. It gave much promise, but the early death of the author dashed the hopes of his friends. In Tyler's " History of American Literature," it is thus spoken of: "The whole drama is pow- erful in diction and in action ; the characters are firmly and consistently developed; there are scenes of pathos and tragic vividness ; the 190 A Colonial Officer plot advances with rapid movement and with culminating force." Doubtless, during the sessions of the Legis- lature "A Prince of Parthia" was put on the boards by the amateurs of Wilmington and greeted with thunders of applause. There were, however, some professional actors of dis- tinction who played there in those days. In an interesting letter to the Bishop of London, dated June nth, 1768, Governor Tryon speaks of a talented young actor, named Giffard, who applied to him for recommendation to the Bishop "for ordination orders, he having been invited by some principal gentlemen of the Province to be inducted into a parish, and to set up a school for the education of youth." Tryon said the young man had assured him that it was no sudden caprice that induced him to make the application, but that it was the result of very mature deliberation — "that he was most wearied of the vague life of his present profession, and fully persuaded he could employ his talents to more benefit to society by going into holy orders and super- intending the education of the youth in this Province." Tr3^on also expressed a doubt whether the Bishop would choose to take a member of the theatre into the church, but And His Times. 191 testified to the young man's excellent conduct, and concluded his letter with the following remark : " If your Lordship grants Mr. Gififard his petition, you will take off the best pla\'er on the American stage." Mr. Giffard took Tryon's letter to London, going by way of Providence, where he was under contract to play, but whether he succeeded in his wish to enter the ministry, or ever returned to North Carolina or not, we do not know. The country which these North Carolina Colonists inhabited was one of the most inviting regions for settlers in America. The climate was mild, the soil adapted to the production of every cereal and plant necessary or useful to man ; the forests vast, filled with game of every kind and fragrant with the odors of a thousand different kinds of herbs and flowers ; the rivers were numerous, some of them magnificent, and all teeming with fish and swarming with wild fowl. Thus all the conditions required for the most generous display of plantation hospitality were present, or attainable with the least effort, and the consequence was that a social life, in many respects the most charming and peculiar that has perhaps ever existed, was developed and continued to flourish until trampled out of existence b}^ the iron heel of war. 192 A Colonial Officer It was while enjoying the pleasures of this social life during an interval in his military service, and while attending the session of the Assembly at Wilmington, that General Wad- dell met the lady who became his wife. She was Mary Haynes, daughter of Captain Roger Ha3''nes, and granddaughter of Rev. Richard Marsden, the first Rector of St. James's Parish, in Wilmington. Of Captain Haynes very little is known beyond the fact that he was in the British service. He lived at Castle Haynes,'^' about nine miles North of Wilming- ton, on the Northeast branch of Cape Fear — which plantation adjoined the Hermitage where Mr. Marsden lived — and he had died previous to 1753. The marriage of General Waddell took place at Castle Ha^mes some- time in the year 1762. The only other daughter of Captain Haynes, Margaret, was married some years previouslj^ to John Burgwin, Esq., who was, for a time, the Treasurer of the Southern part of the Province. Not long after General Waddell's marriage he joined Mr. Burgwin in business in Wilmington, the firm being John Burgwin & Co., with branch establishments in various *This place is commonly called Castle Hayne, and the Rail- road Station there is so labelled. And His Times. 193 places in the back countiy. The business was managed by Mr. Burgwin, who was educated to mercantile life in England, General Wad- dell, when not engaged on frontier duty or in the Legislature, passing most of his time in visiting and superintending his different estates, of which there were four or five. His principal residence was at Bellefont, in Bladen County, generally called "the Waddell place," which is situate about two miles below Hliza- bethtown, and is interesting as containing the grave of the distinguished Lieutenant Colonel Webster, Lord Cornwallis's favorite officer, who was mortally wounded at Guilford Court House in 1781.'-' There he lived for some years dispensing a most generous hospitality and enjoying the unbounded respect and con- fidence of the people. As he had previously, in 1757 and 1760, been a magistrate and member of Assembly from Rowan County, so in 1762 he was ap- pointed a Justice of the Peace, and elected to the Assembly from Bladen. He was also one *Iii 1810, when a party of gentlemen, including Judge Toomer and Hon. Alfred Moore, went to Bellefont to remove the remains of Judge Alfred Moore, they inquired for the spot where Webster was buried. An aged slave named Lisburn, who had belonged to General W^addell, and was named after his birth-place in Ireland, pointed it out to them, he having V 194 A Colonial Officer of the Justices who presided over the Inferior Court of New Hanover County in 1764, and in that year the County of Brunswick was established out of the territory of New Han- over and Bladen, which explains his being in command of the Brunswick militia in the ensuing year when the Stamp Act troubles occurred. The record does not show his presence in the Court more than once or twice, nor does it show that the sessions of that Court, which met every three months, were inter- rupted by the Stamp Act excitement; but on the record of the Superior Court for April, 1766, there is the following entry: The actions for trial at April Term, 1766, were all continued over for October Term on acc't of the Stamp Act. In 1768 he went on a visit to England and Ireland, and while there sat for his portrait to a distinguished artist, who made a beautiful miniature likeness of him on ivory. From this miniature, which is the only picture ever taken of him, the engraving in the front of this witnessed Webster's funeral. The grave was opened, and, upon removing the decayed lid of the coffin, there lay the British hero, perfect for an instant in sight of all, but in a moment there was only a handful of brown (\\ist.— Statement o/Hon.Jiw. D. Ihomei- and Hon. A. Moore. And His Times. 195 volume is taken. It is believed to be the work of Gainesborough. Until the passage of the Stamp Act, as has already appeared, General Waddell had been a staunch and steady friend of the government, and one of its well-tried and most faithful ser- vants, notwithstanding the annoying and irri- tating acts of the unfortunate and unhappy Governor Dobbs, but after that event there was an evident lack of zeal in his lo3^alty, although there was, as yet, no talk of independence any- where in America. He was again a member of the Assembl^^ in 1765, when Governor Tryon prorogued the body to prevent them from sending delegates to the Stamp Act Con- gress, but although prevented from acting in his legislative capacity on the subject, he was, as heretofore described, one of the most active leaders of the popular movement against it, both in the meetings wdiich passed resolutions in Wilmington and the armed resistance at Brunswick. He was again a member in 1766 and in 1771, after the Regulators' war was over. He owned lands in Rowan, Anson, Bladen and New Hanover, but Bladen was the only County in which he permanently resided. It seemed to have been no unusual thing in those days for a man to live in one county and 196 A Colonial Officer serve as a representative from another, just as it is possible, though not usual now, for a mem- ber of Congress to live in one district and be elected from another in the same State. No record of any of the debates in the Colo- nial Assembly was kept, and only the necessary minutes of the sessions were preserved. From these General Waddell appears to have been recognized as a prominent member, as he was nearly alwa3^s, put upon important committees; but the probability is, that he was rather a "business" member than a speaker. It was the general suppositiou that he was a member of the Council either during Dobbs's or Tryon's administration, or both; but the records only show that he was recommended to the Crown by Dobbs in 1762, and Tryon in 1 77 1, for that position. In his letter to Lord Hillsborough, dated Newbern, 28thjanuary, 1 771, Try on, after nom- inating Colonel Hugh Waddell, Mr. Marnia- duke Jones, and Sir Nathaniel Dukenfield, uses the following language : Colonel Waddell had the honor to see your Lordship about two years' since in England. He honorably distinguished himself last war while he commanded the Provincials of this province against the Cherokee Indians, pos- sesses an easy fortune, and is in much esteem And His Times. 197 as a geutleman of honor and spirit. He has, I confess, endeared himself to my friendship by the generous offer he made me but last week of his voluntary services against the insurgents of this province. He does not seem to have received the ap- pointment. The Council were appointed by the Crown upon the recommendation of the Governor, and the members of Assembly were elected by the people. The fact that even while on military duty he was often chosen by them as a representative, and was kept, almost up to the day of his death, alternating between service on the frontier and in the Assembly, is the strongest evidence that he held a high place in their esteem and confidence. Indeed, he was both a trusted officer of the govern- ment, and a universally recognized leader of the people almost from the beginning of his career to its close — an exceptional distinction which justifies the eulogiums which have been pronounced upon him in the pages of every North Carolina writer who has discussed the period in which he lived, although very few of the details of his public service or private life have been preserved. In the Fall of 1772 he was contemplating another visit to England, and, according to a family tradition, had gone to Fort Johnston, 198 A Colonial Officer at the mouth of the Cape Fear, to take ship for the voyage, when he was seized with the illness that resulted in his death. The same tradition says this illness was caused by sleep- ing in damp sheets. Whatever the cause the sickness was of long duration, for in his will, which was made on the loth day of November, 1772, he says: "I, Hugh Waddell, of the County of Bladen, and Province of North Caro- lina, being sick and weak," &c., and he did not die until the 9th day of April following, nearly five months afterward. He was, at the time of his death, in the 39th year of his age, and, therefore, the refer- ences to him in the various histories of the State as "the old General," "the brave old veteran," and the like, furnish a good illus- tration of the natural but sometimes amusingly incorrect habit of designating persons of a long- past generation as "old," although it is readily accounted for in his case, by the fact that he had been longer in the military service, and was better known as a soldier than any person in the Province previous to the Revolution. He was buried at Castle Haynes, which estate came to him through his wife, and she was buried there three or four years afterwards. In his will, which disposed of a large estate in lands in Rowan, Bladen and New Hanover And His Times. 199 Counties, and in slaves, town lots, " goods and profits in trade," plate, &c., &c., there is no mention made of anj^ relative besides his wife and children, except his "sister Han- nah, of the County of Down in the North of Ireland," to whom he bequeathed one hundred guineas. He had other relatives, more or less near, residing in Ireland, however, and their descendants now reside in and about Lisburn, from which place he came. "The blind preacher" of Virginia, to whom reference has already been made as having come from the same part of Ireland about the same time, was near the same age as the Gen- eral, and the two well illustrated, though in different spheres, the race to which they be- longed, which for piety and pugnacity is facile princcps among the nations of the earth. Each was an agent of civilization, and both died with the consciousness of duty faithfully done, leaving to their posterity an honorable name and fame. General Waddell, by his marriage, had three sons, Haynes, Hugh and John. They were sent to England to be educated after his death, and the oldest, Haynes, having contracted an illness from hunting in the Fens of Lincoln- shire, died on his return voyage to America in 1784, and was buried at sea. He was not of 200 A Colonial Officer age, as appears by a recital in a deed from his brothers. The two surviving sons, Hugh and John, divided one of the largest estates on the Cape Fear, and each by his subsequent marriage received a large addition to his property. Hugh married, first, Miss Heron, by whom he had one daughter, Mrs. John Swann, and next the daughter of Judge Alfred Moore, by whom he had a large family. John married the only daughter, and only child, of General Francis Nash, who was killed at the battle of German- town in 1777. They both became planters on the Cape Fear and continued so all their lives. Hugh died at Bellefont in 1827, and John at Pittsboro in 1830. They took no part in pub- lic affairs, but commanded the respect and good will of all wdio knew them by practicing the sweet charities of life. The former was uni- versally recognized as the Uncle Toby of his generation, and the latter as a model country gentleman. More than a year and a half had elapsed after the Regulators' war before General Wad- dell was attacked by the disease which finally killed him, and during that period the idea of separation from Great Britain took root in the Colonies and began to grow with great rapidity And His TimEvS. 201 throughout the whole of America. When Josiah Quincey, of Boston, visited the Cape Fear countr^^ in the Spring of 1773, and en- joyed so much the hospitality extended to him by the ''best company," as related in his Memoirs, and while "the plan of Continental correspondence, highly relished, much wished for, and resolved upon as proper to be pursued " by his hosts, was being hatched, General Wad- dell was on his death-bed ; otherwise he would have been very sure, like his intimate friends who w^ere present, to have taken a part in those deliberations. That he would, if he had lived, have been an active and prominent leader in the Revo- lution — certainly the most prominent North Carolina soldier — admits of no doubt. All his friends and associates on the Cape Fear, as- well as his comrades before and at the time of the Regulators' outbreak, were among the first to take up arms; and, being like-minded with them in regard to the rights of the Colonies^ his military experience and soldierly qualities would have marked him at once as the most fitting person in North Carolina for military command, while his acquaintance and former service with General Washington would have secured the confidence of the Commander-in- 14 202 A Colonial Officer Chief from the outset. The State suffered a great loss in his premature death at that criti- cal period. In reviewing his life and reflecting upon the events amidst which it was passed, one must be impressed with a sense of the services ren- dered to their country and to posterity by the men who then inhabited the Colonies. It is hardl}' possible for us of the present generation to full}^ appreciate the nature and importance of those services. How difficult, for instance, would it be in these days of telegraphs, rail- roads, breech-loading arms, pontoon trains, and the like, to appreciate thoroughly the trials and dangers accompanying the expedi- tion from middle North Carolina through that terrible mountain wilderness to Tennessee, or that one to Pittsburg, Pennsylvania (Fort Du Quesne), on foot, without quartermaster or commissar}^ stores, artillery or camp equipage, and armed with flint-lock muskets, which a heavy rain might render useless; and this, too, through a hostile region swarming with merci- less savages, from whom at every mountain pass or covert, at every hour, day or night, an attack might be expected ! The North Caro- lina troops at Fort Loudon and Fort Du Quesne And His Times. 203 were actually farther from home than they would be to-day if in Mexico or Europe. And if we turn from the physical trials by which they were beset, to the moral problems which confronted them, our respect and admi- ration for them is only increased. The diffi- culties constantly arising in the administration of their local affairs, the perpetual conflicts with exacting and tyrannical Royal Govern- ors, and the increasing encroachments by the Crown and Parliament of Great Britain upon their inherited and chartered rights as British subjects, which finally drove them into armed rebellion, were all met and overcome with the same heroic spirit. It is an old story, and one that has often burned on eloquent lips and been pictured by the brush of the literary artist, but for the patriot and student of history it can never cease to have a profound interest, for it repro- duces for his contemplation an era full of valuable lessons. 204 A Colonial Officer CHAPTER VI. A Historical Sketch of the Former Town of Brunswick, on the Cape Fear River. TN Clarendon's History of the Rebellion, the -*^ following passage occurs : There had been, some months before, a design of Prince Rupert upon the city of Bristol, by correspondence with some of the chief inhabi- tants of the city, who were weary of the tyranny of Parliament; but it had been so unskilfully or unhappilj^ carried that when the Prince was near the town, with such a party of horse and foot as he made choice of, it was discovered, and many principal citizens apprehended by Nathaniel Fiennes, son of the Lord Saj^, and then Governor of that city for the Parliament. At this time special direction and order was sent thither "that he should, with all severity and expedition, proceed against those conspira- tors (as they called them); and, thereupon, by a sentence and judgment of a council of war. Alderman Yeomans, who had been High Sheriff of the city, and of great reputa- tion in it, and George Bouchier, another citizen of principal account, were (against all interposi- tion his Majesty could make) both hanged."* *Vol. I, page 389, Oxford Edition, 1S43. And His Times. 205 The time at which this event occurred was in the year 1643, and this was the fate of the loyalist leader Yeomans. Two years previous thereto the quickly-sup- pressed, but bloody Irish rebellion had broken out, and Hume, in his history, thus speaks of one of the instigators of that enterprise : i\ gentleman, called Roger Moore, much celebrated among his countrymen for valor and capacity, formed the project of expelling the English, and engaged all the heads of the native Irish in the conspiracy, especially Sir Phelim O'Neale, the representative of the Tyrone famil}-, and Lord IMaguire. Unable to control the fur}^ of the Irish, who began a general massacre, and horrified by their atrocities, Moore fled from the country and went to Flanders. Upon the restoration of Charles II, in recog- nition of his father's services, the oldest son of Robert Yeomans (or Yeamans, as he spelled it), who had gone to seek his fortune in Bar- badoes, was knighted by the King and became Sir John Yeamans. He, with other gentlemen there, sent, in 1663, an expedition under Hilton to explore the Cape Fear River, on which a Massachusetts colony had made (but soon abandoned) a settlement in 1660. Upon the 2o6 A Colonial Officer return of the expedition with a glowing ac- count of the country, Sir John Yeamans brought over a colony, and in 1665 settled it upon the site of the former one at the mouth of Town Creek, eight miles below Wilming- ton, on the west bank of the river. He received from the Lords Proprietors a grant for thirty- two miles square, and was made the Governor of the colon3^ He remained there six years, and, in 1671, was made Governor of "Carteret County," as South Carolina was then called, to which place he went, taking his colony with him, and soon after founded Charleston, which was the name of the settlement he had left on Town Creek. While residing there, James Moore, the grandson of the rebel Roger Moore, who had also come to America to seek his fortune, married the daughter of Yeamans, thus uniting the blood of the English loyalist and Irish rebel, and afterwards was also Governor of South Carolina. The younger son of Governor James Moore, Maurice Moore, having come with his brother. Colonel James Moore, to suppress the Indian outbreaks in North Carolina in 1711, con- cluded that he would re-settle the Cape Fear, which had remained unoccupied ever since his And His Times. 207 grandfather's colony left it, and accordingly he returned there about 1723, and in 1725 laid out the town of Brunswick, about eight miles below the site of the original settlement, and sixteen miles below Wilmington. Two of his brothers, Roger and Nathaniel, came with him, as did many others. How it was laid out is told in an Act of the Assembly of North Carolina, passed at the session which began on the 20th April, 1745 (old style). The Act was entitled "An Act to encourage persons to settle in the town of Brunswick, on the Southwest side of Cape Fear River," and the preamble sets forth the fact that Maurice Moore, Esq., then deceased, had given 320 acres of land on the Southwest side of Cape Fear for a town called Brunswick (in 1725), and that "the Hon. Roger Moore, Esq.," in order to make the town more regu- lar, had added another parcel of land to it ; that a great part of said lands was laid out in lots of a half acre each, many of which were taken up and good houses built thereon; and proper places were appointed by Maurice Moore for a church, court-house, burying-place, market house, and other public buildings; that con- fusion had arisen about some of the titles to the unsold part, which it was desirable to 2o8 A Colonial Officer settle, etc. "And whereas, the trade of Cape Fear River consists in naval stores, rice and lumber, commodities of great bulk and small value, all due encouragement ought to be given to large ships to come into the said river to take off the said commodities; and as all large ships which come into the said river are obliged to lie at Brunswick, and that town, for the want of a sufficient number of inhabitants, and by reason of the easy navigation thereto, is much exposed to the invasion of foreign enemies in time of war, and pirates in time of peace, therefore we pray your most sacred Majesty that it may be enacted," &c. The last lines of the above preamble set forth facts, the truth of which was amply jus- tified b^^ the depth of water marked on Wim- ble's map of the mouth of the Cape Fear, made in 173S, and by the raids of the two pirates, Richard Worley and Steed Bonnet, w^ho were captured and hanged by Governor Johnson and William Rhett, in the year 1717;'-' and these facts were further justified by the attack of *The Boston News-Letter of July i6th, 1724, says that his Majesty's ship "Station," captured and carried into Charles- ton 130 pirates, from whom they took ^5,000 as the share of each of the captors. And His Times. 209 a Spanish squadron on the town three years after the passage of the Act. The town was twenty years old when the Act was passed. It never contained more than four hundred white inhabitants, but there were among these many of the wealthiest, most refined and cultivated people in the Province — the ecjuals in everj^ respect of the best people on the continent — and the reputation of the town for intelligence, public spirit and un- bounded hospitalit}^ soon became wide-spread. The fact that, for reasons which will presently be given, the population of Brunswick was eventually absorbed by the younger town of Wilmington (both towns being in New Han- over County until 1764, when Brunswick Count}^ was established), will explain the con- fusion that has appeared sometimes in North Carolina histories in the assignment of a resi- dence to certain distinguished men in both towns, or only in Wilmington. At March Term, 1727, of the General Court, held at Hdenton, the following entry was made : It being represented to this Court that it is highl}^ necessar}^ that a Ferrj- should be settled over Cape Fear River, and that part of the P^-ovince not being laid out into precincts, therefore it is by this Court ordered, that the 2IO A Colonial Officer Ferry be kept for that river b}^ Cornelius Harnett, from the place designed for a town on the West side of the river to a place called the Haule-over. And that he receive the sum of five shillings for a man and horse, and half a crown for each person, and that no person to keep any Ferry within ten miles of the said places. This ferry was reached from the North by the road which passed over the little bridge on Smith's Creek, and thence due South along what is now MacRae Street in Wilmington to the Haul-over nearly opposite Brunswick. This road to Brunswick, through Wilming- ton, was at that time the only route from the Northern part of the Province to South Caro- lina. The only two ferries on the lower Cape Fear were this at Brunswick, and one where Wilmington now is; and this latter was not directly across the river, but from about the foot of the present Dock street, past Point Peter, and four miles up the Northwest branch to MacLaine's Bluff, where the Navassa Factory now stands. The causeway across Eagles's Island was begun by Colonel Wm. Dry in December, 1764, and finished by Governor Benjamin Smith in 1791, under Acts of As- sembly. The Cornelius Harnett named in the Act of And His Times. 211 1727, was the father of the distinguished man of that name, and was either already a resi- dent of Brunswick, or moved there soon after. It was said that he kept the inn there, and certain deeds corroborate the statement. His son was four years old when this order of the General Court establishing the ferry was made, and he passed his youth and early manhood in Brunswick, and very probably was one of those who helped to drive off the Spaniards and blow up one of their ships in 1748, as he was then twenty-five years old. His name is a house- hold word on the Cape Fear, and his career is a part of the history of the Revolutionary period. He is regarded, however, as a Wil- mington man, because he began to attain dis- tinction after removing there, lived the greater part of his life there, and died there. Indeed, that may be said of the majority of the great men of the lower Cape Fear during the Revolution, as at that time it was the only town in that section of the State ; but most of them had previously lived in Brunswick, or its vicinity. Hooper, the signer of the Decla- ration of Independence, had not, as he did not come to North Carolina from Massachusetts until 1764; but MacLaine and McGuire, each of whom became Attorney General, and a 212 A Colonial Officer number of other distinguished men, moved to Wilmington after Brunswick began to decay. McGuire was a loyalist when the Revolution broke out, and went to England, but the others were all patriots, and some of them became leaders in that struggle. General Robert Howe, one of the most illustrious of these leaders, always lived in or near Brunswick ; and so did General James Moore, who com- manded the whole Southern Department, and his brother, Judge Maurice Moore, and the latter's son. Judge Alfred Moore, afterwards a Judge of the United States Supreme Court, and some of the distinguished members of the Ashe family, and Governor Benj. Smith and Colonel Wm. Dr}', and many others of note. When the character and fame of these men are considered, and the size of the town is remembered, it may be confidently asserted that no community, so small, on the continent, ever contained at the same time so many men who afterwards became so distinguished as soldiers and jurists and statesmen. And yet, alas! except in the faintest and most confused waj-, not only the deeds, but the very names of these heroes and patriots have well-nigh ceased to be remembered, and the place of their abode — once the busy mart. And His Times. 213 the seat of refined culture aud generous hos- pitality — has long been the home of the fox and the owl. A few grave-stones and the four walls of the old church of St. Philip, sur- rounded by a tangled thicket, are the only remaining evidences of the existence of the ancient borough. The old church was built of brick imported from England, and the walls are nearly three feet thick. They are solid still, though scarred and pitted by shot fired in two wars, and will apparently stand for another century. The dense thicket of trees aud shrubbery not only incloses the burying-ground and church, but has taken possession of the interior of the church, and trees, several inches in diameter, have sprung out of the tops of the walls. It must have been quite an imposing structure, with its high pitch and three lofty arched doors, and the chancel windows were quite grand. Its dimensions were as follows : length, 76.6; width, 54.3; height of walls now stand- ing, 24.4; number of windows 11, measuring 15x7 feet; doors, 3; thickness of walls, 2.9. During the late war between the States, a heavy earthwork, called Fort Anderson, was constructed between the church and the river, and on the spot where nearly one hundred 214 A Colonial Officer years before the defiant patriots stood resisting the landing of the stamps. In digging away the earth for the construc- tion of this work, the laborers found some old coin and other relics. When the fort, after a severe bombardment by the United States fleet, was abandoned, before the fall of Wil- mington in 1865, the Northern soldiers occu- pied it, and the corner-stone of the venerable sanctuary, which had been respected for more than a century, was dug out, and some of the tombs were broken into, probably in a fruitless search for treasure. If the soldier who removed one particular grave-stone could read Latin, and was not utterly insensible, he must have felt a little uncomfortable, especially if he observed that the occupant of that tomb was a youthful bride of seventeen, for on the slab was carved the old curse, " Quisquis hoc marnior sustiilerit Ultimus suornni moriattiry In its earliest days, the Legislature used sometimes to meet in Brunswick, and Governor Gabriel Johnstone, of pleasant memory, upon his arrival in October, 1734, took the oaths of office there. In 1748 the town was attacked by a squad- And His Times. 215 ron of Spanish privateers, who had entered the river and were plundering the country ; but the plucky inhabitants rallied to the defence of their property and whipped off the invaders, after blowing up one of their ships and cap- turing some valuable propert}^ This attack occurred on the 8th November, 1748 — at least the vessel was blown up on that daj- — and among the articles captured was a painting, an ^^ Eccf Hojiio^"'' which had probabl}- been stolen from some church or private residence somewhere on the coast. The captured prop- erty was appropriated, b}^ an Act of the Legis- lature, to the church of St. Philip at Brunswick, and the church of St. James at Wilmington, and the ^'' Eccc Homo'''' is still preserved in the vestry -room of St. James. It is not a fine work of art, but is an interesting memento of the gallant exploit of the men of Brunswick. The pirates continued their work up to a much later date.* ■*There are several privateers on our coast from the West Indies ; they have taken an English ship coming to Cape Fear with dry goods, and another small vessel, and have turned the sailors ashore, and we have no sloop to cruise upon the coast. The Baltimore, Captain Hood, which should be stationed at Cape Fear, was called off in Spring to Nova Scotia, and hith- erto when they return in Winter, they look into Cape Fear and stay some days, but finding no balls or entertainments 2i6 A Colonial Officer It was at Brunswick that George III was proclaimed King in the presence of the Gov- ernor (Dobbs), the members of the Council, and a number of the principal inhabitants and planters. An account of the ceremou}^ was given by Governor Dobbs in a letter to the Secretary of the Board of Trade, under date of February 9th, 1761,* as follows: I sent for such of the Council as were in this neighborhood, and next day, Frida}^ had his Majesty proclaimed here by all the gentle- men near this place, the militia drawn out and a triple discharge from Fort Johnston of twen- ty-one guns, and from all the ships in the river ; and at the same time sent out an express for the other Councillors in this neighborhood to meet me at Wilmington next day, Saturday the 7th, where his Majesty was again pro- claimed by the corporation and gentlemen of the neighborhood, under a triple salute of twenty-one guns, where we had an entertain- ment prepared; the militia were drawn out, and the evening concluded by bonfires, illumi- nations, and a ball and supper with all una- nimity and demonstrations of joy. there, they sail away and spend the Winter in Charles Town, under pretence that they can't clean in at Cape Fear, although they may have all conveniences for it. — Dobbs to Board of Trade, October T,\st, 1756. ^Colonial Records, Vol. VI, 520. And His Times. 217 He also said that he had sent the proclama- tion by express to Newbern to be pnblished and forwarded to every county and borough in the Province. Under date of April i6th, 1761, the Rev. John McDowell, Rector of the Parish of St. Philip — in a long complaining letter to the Secretary of the Societ}^ for the Propagation of the Gospel, in which he is severe on his Ves- try — writes: "The roof of the new church at Brunswick is fallen down again : it was struck with lightning last July, and afterwards a prodigious and immoderate quantity of rain falling on it made it all tumble down, and there it lies just as it fell; the chapel is a most miserable old house, only twenty-four feet by fifteen, and every shower of rain or blast of wind blows Cjuite through it." The reverend gentleman seemed to be about to C[uit his charge because of difficulties with his Vestr}^, who, he said, strove to keep their minister "in the greatest state of subjection and depend- ence," and wouldn't pay him a sufficient salary, and were, some of them, sadly lacking in piety. He modestly says, " But they will repent their obliging me to leave them, for I have done and would have done more for them than any they have ever had, or, I dare say, ever will have."' 15 2i8 A Colonial Officer It would be unfair to the Vestry, however, not to publish their side of the case, which is con- tained in the following suggestive letter, dated Brunswick, 24th March, 1761, and addressed to the Rector: The Vestry have taken into consideration the difficulties you allege in officiating at the Blue Banks during the two hot and two cold months, and are content that you be permitted to exchange the Sunday's in Jul}'- and August, allotted for that Chapel, with Brunswick for other Sundays in a more moderate season, you giving due notice of such exchange; and as to cold months, we know of none in this country to prevent one of your healthy constitution from riding twenty-four miles: indeed, a daj^ of bad weather may happen now and then, for which accident all reasonable allowance will be made, as heretofore has been made. As to the addition of salary which you insist on, we cannot but observe that when you agreed to serve the cure of this Parish on the 5th June, 1758, you thankfully accepted of /'lOO a year, when your family was larger than it is now, and you willingly undertook harder duty than is now proposed to you. But now. Sir, his Excellency the Governor and Vestry, having by their joint recommen- dation of you, procured ^50 sterling a year, the generous bounty of the Society for the Propagating the Gospel, you disdain to accept from our Parish ^120 Proclamation money a And His Times. 219 year; you discover difficulties in the exercise of your function which never before occurred, and you are pleased to insist on such a salary as the}' never have given, and such as many of this Parish, in the present distressed state of their trade and circumstances, cannot easilj^ give 3'ou. If you are pleased to continue on the terms we have now proposed, we shall be glad to contribute all in our power to make every part of your duty agreeable to you. We are, Rev. Sir, your most humble servants. It was several years before the church was finished and dedicated, it seems, for the Rev. John Barnett, writing to the Secretary of the Society for the Propagation of the Gospel, from Brunswick on the nth June, 1768, says that though he had apprehended great dela}^ in the finishing the new church, it was then "so nearly completed as with great decenc}^ to admit of the performance of Divine worship in it," and proceeds to inform them that, with the assistance of the Rev. Mr. Wills, of Wil- mington, he had dedicated St. Philip's church on Whit Tuesda3^ " Being wholly unac- quainted," he says, "with a proper form or mode of dedication, I wrote to several clerg}^- men for their advice, but not one could give the least information. I then drew up a form. 2 20 A Colonial Officer which was approved by his Excellency and the Council, and, indeed, gave an universal satisfaction." He also said that the people of the parish so violently opposed the presenta- tion of the Crown to the Living that he thought he would have to leave. On the 20th September, 1761, according to the London Magazine for December of that year, a fearful hurricane swept the coast, last- ing from Monday the 20th to Friday the 24th, but raging with most violence on Thursday the 23d. "Many houses," says the account, "were thrown down, and all the vessels, except one, in Cape Fear river driven on shore. It forced open a new channel for that river at a place called the Haul-over, between the Cedar House and the Bald Head.=^= This new chan- nel was found on soundings to be eighteen feet deep at high water, and is near half a mile wide." The breach thus made across the sand-strip between the ocean and the river, was after- wards known as New Inlet, and was — until recently closed by the United States Govern- ment — as often used by vessels bound to and *Gov. Dobbs says this happened on the 22d. Col. Rec, VoL VI, 605. And His Times. 221 from Wilmington as the main entrance at the mouth of the river, and was defended during the late war b}^ Fort Fisher. It is about four miles below Brunswick, on the opposite side of the river, which is about two miles wide along that part of its course. There seem to have been two places called the Haul-over, one opposite Brunswick where Harnett's Ferrj' was, and that where New Inlet broke through. Harnett's Ferrj- was certainl}^ not between Brunswick and the lower one. If there were not two, as one tradition says, then the Lon- don Magazine was in error in calling the place where New Inlet was the Haul-over. In a letter to the Lords of the Board of Trade, written in 1761, Governor Dobbs, an- swering a question as to the trade of the Prov- ince, says: "No foreign trade whatever is carried on between this colony and any foreign plantation, except with Eustatia and St. Croix, and with no foreign countries in Europe except with the Madeiras and Azores, and with the Canaries for wine, salt from Portugal not being allowed to be imported. These are brought by ships from Britain ; nor have we any trade with Ireland upon account that naval stores, and other enumerated commodities are pro- hibited, which is a great help to Britain and 222 A Colonial Officer this colony. The natural produce and staple commodities of this Province (for of manufac- tures there are none) consist of naval stores, masts, yards, plank and ship timber, Indian corn, pease, rice, and of late flour, hemp, flax and flax seed, tobacco, bees and myrtle wax, and some indigo." He gives the number of ships annually coming to the port of Bruns- wick at ninety, with a tonnage of four thou- sand eight hundred and thirt}', most of them being small, and says that at that time (1761) there were only about fifty ships owned in the colony. His description of the navigation of the Cape Fear shows that the depth of water was greater than it ever was afterwards, until the closing of New Inlet recently, that Inlet not having broken through, as already said, until 2 2d September, 1761. Upon this subject he sa3's: "But the chief river for navigation and trade is Cape Fear river, there being eighteen feet water upon the bar, navigable for large ships above Brunswick fifteen miles up the river and as high as Wil- mington, after passing the flats upon which there is about eleven or twelve feet water (since a new entrance has been opened by a hurricane on the 2 2d September last at a place called the Haul-over, eight or ten miles above And HIvS Times. 223 the former entrance), and is navigable for small vessels for above one hundred miles farther up on the Northwest branch, and above sixty miles higher on the Northeast branch, in which a rapid tide flows for near one hun- dred miles, this being the only inlet for all the Southern and Western parts of this Province." Governor Dobbs lived in Brunswick, and had a plantation on Town Creek, a few miles above the town, where he was buried. Gov- ernor Tryon also lived there, and owned two houses in the town, one of which was ap- proached by a fine cedar avenue, and was called Russellboro : it was bought b}^ him from Governor Dobbs's son, and was the residence formerly occupied by Dobbs. It contained fifty-five acres, and was adjoining the town on the North side. The town was again visited by a hurri- cane on the 7th September, 1769, which nearly destroyed it, and which did, on tlie 9th, destroy Newbern, where six persons were drowned. In truth, the whole existence of the old town was marked by storms, natural and political ; and nearly a century after it had ceased to exist, and when the silence and solitude which had so long enveloped it was broken for the first time, it was by the engi- 224 A Colonial Officer neer's pick and spade in the construction of a military work for use in a civil war. Immediately North of Brunswick, and ad- joining the tract on which the town was laid out, is the celebrated Orton plantation, which is at the Southern terminus of the rice lands of the Cape Fear river. It has always been regarded as one of the most valuable planta- tions in that part of the State, and is a historic place. Like most of the valuable lands on or near the Cape Fear, it was originally granted (i725)to Colonel Maurice Moore, and was first settled by his brother Roger, commonly called *'King Roger," who owned immense tracts in that part of the country. The latter was also a much-married man. One of his wives was Catharine Rhett, and his daughter by her was the mother of Governor Benjamin Smith. Governor Smith afterwards owned Orton, and his brother James owned the adjoining plantation, " Kendall," which had also be- longed to King Roger. James Smith was the father of the late Hon. R. Barnwell Rhett and liis brothers, who took the name of Rhett and moved to South Carolina. The plantation next to Kendall was "LilHput," which was first granted (1725) to Hon. Eleazar Allen, Chief Justice of North Carolina, who died in 1738, and whose tombstone, and that of his And His Times. 225 wife, is still in a good state of preservation. Governor Tryon also owned Lillipnt in 1768. King Roger and his family are bnried at Orton plantation beneath a brick nionnd. This sobriquet of "King'' was given him because of the state in which he lived, and of the man- ner in which he had controlled the Indians, whom he defeated in alight at the "Sugar Loaf," a place on the East side of the river nearl}' opposite to Orton. One tradition about him is that he was a mighty hunter, and that not long before his death, having asked his eldest son what part of his lands he would prefer to have, the son replied that as he be- lieved there were "more deer" in a certain region (mentioning it), he would prefer that. Orton has, from its original settlement to this day, been celebrated as the best hunting and fishing ground in all the lower Cape Fear country, and among the animals once hunted there, but which have since disappeared, was the panther, a specimen of which Gov- ernor Tryon sent from Brunswick on the 28th March, 1767, accompanied b}^ the follow- ing letter, to the Earl of Sherburne: As the panther of this continent, I am told, has never been imported into Europe, and as 226 A Colonial Officer it is the king of the American forests, I pre- sume to send a male panther under your Lordship's patronage, to be presented for his Majesty's acceptance. He is six months old; I have had him four months ; b}^ constantly handling he is become perfectly tame and familiar. When full grown his coat will much resemble that of the lioness. Panthers have been killed (for it is very uncommon to catch them alive) ten feet in length from the nose to the end of the tail. I am very solicitous for his safe arrival, as I am ambitious that he may- be permitted to add to his Majesty's collection of wild beasts. The Orton tract embraces several thousand acres of pine lands in rear of the rice plantation, which is a great deer walk, and includes a very large pond of several miles in length, which is filled with choice fish — chiefly black bass and the finest varieties of perch. Part of the hunting ground and part of the pond are really attached to the Kendall tract, but they are generally spoken of as belonging to Orton. For more than a hundred years it has been the resort of sportsmen and the' scene of unbounded hospitality. Indeed, more than one hundred and fifty years ago it had an established repu- tation for generous hospitality, and there is a record in existence, dated 1734, which proves And His Times. 227 it. It is a pamphlet entitled " A New Voyage to Georgia," written by a yonng English gen- tleman who had visited the Cape Fear settle- ment, and gave his impressions of it. It is published in the second volume of the "Georgia Historical Collections," and, as it describes several interesting localities, a full extract is here given from it. Coming by land, with thirteen others, along the coast from South Carolina, this traveller says : We left Lockwocd's Folly about eight the next morning, and by two reached the town of Brunswick, which is the chief town in Cape Fear, but with no more than two of the same horses which came with us out of South Caro- lina. We dined there that afternoon. Mr. Roger Moore, hearing we had come, was so kind as to send fresh horses for us to come up to his house, which we did and were kindly received by him, he being the chief gentleman in all Cape Fear. His house is built of brick, and exceedingly pleasantl}' situated about two miles from the town and about half a mile from the river, though there , is a creek comes close up to the door, between two beautiful meadows about three miles length. He has a prospect of the town of Brunswick, and of another beautiful brick house, a building about half a mile from him, belonging to Eleazer Allen, Esq., late Speaker to the Commons 228 A Colonial Officer House of Assembly, in the province of South Carolina. There were several vessels lying before the town of Brunswick, but I shall forbear giving a description of that place; yet, on the 20th of June we left Mr. Roger Moore's, accompanied by his brother, Nathaniel Moore, Esq., to a plantation of his up the Northwest branch of Cape Fear river. The river is wonderfuU}^ pleasant, being next to Savannah, the finest on all the continent. We reached the Forks, as the}^ call it, that same night, where the river divides into two very beautiful branches called the Northeast and Northwest, passing by several pretty plan- tations on both sides. We lodged that night at one Mr. Jehu Davis's, and the next morn- ing proceeded up the Northwest branch ; when we ofot about two miles from thence we came to a beautiful plantation belonging to Captain Gabriel,''' who is a great merchant there, where were two ships, two sloops and a brigantine loading with lumber for the West Indies : it is about twenty-two miles from the bar. When we came about four miles higher up we saw an opening on the Northwest side of us which is called Black River, on which there is a great deal of very good meadow land, but there is not any one settled on it. The next night we came to another planta- tion belonging to Mr. Roger Moore, called the *This name was Gabourell. And His Times. 229 Blue Banks, where he is going to build another very large brick house. This bluff is at least one hundred feet high, and has a beautiful prospect over a fine, large meadow on the op- posite side of the river; the houses are all built on the west side of the river, it being for the most part high champaign land; the other side is very much subject to overflow, but I cannot learn they have lost but one crop. I am creditably informed they have ver}^ com- monly four-score bushels of corn on an acre of their overflowed land. It very rarely overflows but in the winter time when their crop is off. I must confess that I saw the finest corn grow- ing there that ever I saw in my life, as like- wise wheat and hemp. We lodged there that night at one Captain Gibbs's, adjoining to Mr. Moore's plantation, where we met with very good entertainment. The next morning we left his house and proceeded up the said river to a plantation belonging to Mr. John Davis, where we dined. The plantations on this river are all very much alike as to the situation ; but there are many more improvements on some than on others; this house is built after the Dutch fashion, and made to front both ways on the river, and on the land he has a beautiful ave- nue cut through the woods for above two miles, which is a great addition to the house. We left his house about two in the afternoon, and the same evening reached Mr. Nathaniel Moore's plantation, which is reckoned forty 230 A Colonial Officer miles from Brunswick. It is likewise a ver}^ pleasant plantation on a bluff upwards of sixty feet high. He then describes — after saying that he had "not so much as seen one foot of bad land" since leaving Brunswick — a trip he took with Mr. Moore and others to Waccamaw Lake, which he said he had heard so much talk of and desired very much to see, and which, after seeing, he pronounces "the pleasantest place that I ever saw in my life." The number of deer, wild turke3^s, geese and ducks greatly astonished him, and he said they shot "suffi- cient to serve forty men, though there was but six of us." After staying a night at Newton (now Wilmington) in a hut, and then visiting Rocky Point, "which is the- finest place in all Cape Fear," where he was entertained b}^ Colonel Maurice Moore, Captain Hyrne, John Swann, Esq., and others, he returned to Orton, and the next day left the Province by way of Lockwood's Folly, in regard to which place he records a sore disappointment, as follows: About two I arrived there with much diffi- culty, it being a very hot day, and myself very faint and weak, when I called for a dram, and, to my great sorrow, found not one drop of rum, sugar or lime juice in the house (a prett}^ And His Times. 231 place to stay all night indeed), so was obliged to make nse of my own bottle of shrub, which made me resolve never to trust the country again in a long journey. It thus appears that as early as 1734 there were comfortable and even elegant residences all along both branches of the Cape Fear for forty or fifty miles above Brunswick, and these were multiplied continually afterwards. A handsome brick building, such as this traveller found at Orton, was a great rarity at that early period, and necessarily a very costly one, as all the bricks were brought from England. It was an expensive investment in which none but rich men could possibly indulge. The status of the men who owned those on Cape Fear has been well described by one=-= whose unequalled knowledge of the "old times and men '' of that region well qualified him for the task, and his description is here transcribed: They were no needy adventurers, driven by necessity — no unlettered boors ill at ease in the haunts of civilization, and seeking their proper sphere amidst the barbarism of the savages. They were gentlemen of birth and education, bred in the refinements of polished society, and bringing with them ample for- *Hon. George Davis, Chapel Hill Address, 1855. 232 A Colonial Officer tunes, gentle manners, and cnltivated minds. Most of them united b}^ the ties of blood, and all by those of friendship, the}' came as one household sufficient unto themselves, and reared their family altars in love and peace. ''■'- '-^'- If history immortalizes those who, with the cannon and the bayonet, through blood and carnage, establish a d3aiast3' or found a state, surely something more than mere ob- livion is due to those who, forsaking all that is attractive to the civilized mind, lead a colou}^ and plant it successfully in harmony and peace, amid the dangers of the wilderness and under the war-whoop of the savage. It was long after the stranger's visit in 1734, and after the death of these first settlers that the events which made Brunswick famous occurred, but the same characteristics marked their successors, who, as long as the old town lasted, maintained the reputation of the com- munity for a refined and generous hospitality. Memorable for some of the most dramatic scenes in the early history of North Carolina as the region around Brunswick was — being the theatre of the first open armed resistance to the Stamp Act on the 28th November, 1765, and not far from the spot where the first vic- tory of the Revolution crowned the American arms at Moore's Creek Bridge on the 27th And His Times. 233 February, 1776 — its historic interest was per- petuated when, nearly a century afterwards, its tall pines trembled and its sand-hills shook to the thunder of the most terrific artillery fire that has ever occurred since the invention of gunpowder, when Fort Fisher was captured in 1865. Since then it has again relapsed into its former state, and the bastions and traverses and parapets of the whilom Fort iVnderson are now clad in the same exuberant robe of green with which generous nature in that clime covers every neglected spot. And so the old and the new ruin stand side b}^ side in mute attestation of the utter emptiness of all human ambition, while the Atlantic breeze sings gently amid the sighing pines, and the vines cling more closely to the old church wall, and the lizard basks himself where the sunlight falls on a forgotten grave. 16 APPENDIX. The following correspondence between Gov- ernor Martin, Captain Parry and the people, at the beginning of the American Revolntion, is copied from the original docnments recently procnred by the Secretary of State at Raleigh from Kngland. It occnrred, as the date shows, on the very day of the battle of Moore's Creek Bridge, 27th Febrnary, 1776, but probably before intelligence of that event reached Wil- mington. Cornelius Harnett was almost certainly the author of the letters on behalf of the people, and the calm courage which char- acterizes them, displayed as it was in the face of a threat to destroy the town, will send a thrill of admiration through every generous soul who reads them : To the Magistrates and Inhabitants of the Town of Wilmington : It is expected and hereby required that the Inhabitants of the Town of Wilmington do furnish for his Majestie's service One Thou- sand barrels of good flour on or before Satur- da\^ next, being the second day of March, which will be paid for at Market price. Jo. Martin. Cruizer Sloop of War, Off Wilmington, Feb. 27th, 1776. 236 appendix. Cruizer, Wilmington River, Feb'y 2yih, 1776. His Majestie's ships not having received provisions agreeable to their regnlar Demands, I shall, as soon as possible, be off Wilming- ton with his Majestie's sloop Cruizer, and other armed vessels under my command to know the reason of their not being supplied. I expect to be supplied b}^ six this Evening with the provisions I have now demanded of the contractor. If his Majestie's ships or Boats are in the least annoyed it will be my duty to oppose it. Fran'vS Parry. To the Magistrates and Inhabitants of Wil- mington. The Inhabitants of Wilmington, by their representatives in Committee, in answer to your Bxcellencie's demand of One Thousand Barrels of flour for his Majestie's service, beg leave to assure your Excellency that they have been always most cordially disposed to promote his Majestie's real service, which the}^ think consistent only with the good of the whole British empire. But the inhabitants are aston- ished at the cjuantum of your Kxcellencie's requisition, as the}- cannot conceive what ser- vice his Majest}' has in this part of the world for so much flour. In the most quiet and peaceable Times, when the Ports were open and Trade flourished, it would have been im- APPENDIX. 237 possible to procure such a quautity iu the Town iu so short a time as your Excellency mentions. How then can your Excellency expect a compliance from the Inhabitants of Wilmington during the present stagnation of Commerce? At a time, too, when you _ well know^ that an army raised and commissioned by your Excellency hath beeu for some time possessed of Cross Creek and the adjacent country from whence only we can expect the Article you have thought to Demand. We can with Truth assure your Excellency that it is not in our power to comply with your requisition, either in whole or in part, many of the Inhabitants having for some time passed wanted flour for private use, and the dread of Military Execution by the ships of War hath induced most of the inhabitants _to remove their eff'ects. The Inhabitants, Sir, sincerely wish they had not reason to expect that your Excellency's Demand is only a pre- lude to the intended"^destruction of the devoted Town of Wilmington. If this should be the case, it will not, how- ever, make any alteration in their determina- tion. It will be their duty to defend their property to the utmost, and if they do not suc- ceed altogether to their wish, they have one consolation left, that their friends will, in a few days, have it in their power to make ample retribution upon those whom your Excellency thinks proper to dignify with the epithets of friends to Government. These faithless and 238 APPENDIX. selfish people are now surrounded by three armies above four times their Number, and the Town of Cross Creek, now in our hands, will make some, tho' a very inadequate com- pensation for the destruction of Wilmington. This, Sir, is no boast, and we would not treat your Excellency with so much disrespect as to make use of Threats. The Acco't we have given you is sacredly true, and we have the most convincing proof of it in our possession. I have the honor to be, by order of the Com- mittee, Sir, Your Excellency's most Obt Serv't. Wilmington, 27th Feb'y, 1776. Sir: The reasons why his Majestie's ships have not been supplied with the usual quantity of provisions is so obvious that it cannot possibly have escaped the sagacity of Captain Parry. The trade of this colou}^ hath been distressed b}' the King's ships, even contrary to the Acts of the British Parliament. The Military/ stores, the property of the People, have been seized with an avowed Intention to subjugate them to slavery. The fort which the People had built at a great Expence for the protection of their Trade made use of for a purpose the very reverse, and when they attempted to demolish it they have been fired upon by the ships of w^ar. The slaves of the American Inhabitants have been pursued and many of them seized and APPENDIX. 239 inveigled from their duty, and their live stock and other propert}^ killed and plundered, long before the Committee thought it necessary to deny the ships a supply of provisions; and to Crown all you, Sir, for the Second Time have brought up the Cruizer and several Armed Vessels to cover the landing of an army Com- posed of highland banditti, most of whom are as destitute of Property as they are of Princi- ple, and none of whom you will ever see, unless as fugitives imploring protection. Tho' you should come up before the Town you cannot expect any other answer than what we now give you. ■" We have not the least intention of opposing either your ships or Boats, unless you should attempt to injure us, and whenever you may think proper to treat the Inhabitants as his Majestie's officers did heretofore, we shall be happy to receive ^^ou in the manner which we always wish to receive those who have the honor to bear His Majestie's commission. I am, by Order of the Committee, Sir, Your Obt Servt. To Capt. Parry. To the Magistrates and Inhabitants of the Town of Wilmington : I have been much surprised to receive an answer to my requisition directed to The Magistrates and Inhabitants of Wilmington, from a member of the lawfull Magistracy in 240 APPENDIX. the name and under the Traitorous Guize of a Combination unknown to the laws and Con- stitution of this Country, as if the Magistrates and Inhabitants of Wilmington chose rather to appear in the Garb of Rebellion than in the character of his Majestie's loyal and faithful subjects. The quantity of flour that I required for his Majestie's service, I concluded, from the in- formation I had received, that the Town of Wilmington might have well supplied within the Time I appointed by my Note, and I should have been contented with the quantity that was obtainable. The requisition was not made, as the answer to it imports, for a prelude to the destruction of that Town, which has not been in contemplation, but was intended as a Test of the disposition of the Inhabitants, whose sence, I am unwilling to believe, is known to the little arbitrary Junto (stiling itself a Committee) which has presumed to answer for the People in this and other In- stances. The revilings of Rebellion and the Gascon- adings of Rebels are below the contempt of the loyal and faithful People whom I have most justly stiled Friends of Government, and the forbearance of menaces I have little reason to consider as a mark of Respect from the Chair- man of a Combination founded in usurpation and Rebellion. Jo. Martin. APPENDIX. 241 Sir, The Committee of Wilmington have not only been chosen bj^ the people, bnt on the present occasion these very people (consisting of the freeholders) have been consnlted on the propriety of their answer. That Committees are unknown to the Constitution, let those who have driven the people to that dreadfull neces- sity account for. I may venture to assure 3^our Excellenc}- that the greater part of the People in arms against the Inhabitants of this country are, in the opinion of every gentleman and man of understanding, unworthv to be considered as respectable members of Societv. That there may be some of them of a better sort embarked in a cause which, right or wrong, does them little honor, is a Circumstance for which it is easy to account. The Inhabitants of this Town are extremely pleased to find that his Majestie's service is not in any immediate want of the flour which your Excellency thought proper to require, as it is impossible for them to comply even in part. Whoever was your Excellencie's inform- ant that the Town of Wilmington could now, or at any other period, procure so large a quan- tity in so short a time, has grosslv deceived you. The conduct of the Inhabitants of this Town is well known to your Excellency, and you might have been long since assured that there did not want au}^ new Proof of their zeal for 17 Cr 242 APPENDIX. his Majestie's service on the one hand, or a firm attachment to their Liberties on the other. And whilst the}' are conscious of no Acts but those which tended to assert the rights of G*^ and nature, they have reason to believe t "hey do not deserve the epithets of rebels ai.u traitors with which your Excellency hath so liberally loaded them. Time alone must convince your Excellency that the committee cannot, for any interested purposes, descend to conve}^ an untruth which candor would be ashamed of To the Magistrates and Inhabitants of Wil- mington. As I am informed it is inconvenient to sup- ply his Majestie's Sloop Cruizer with salt provisions, must beg you will send a few quar- ters of good beef. . Fran's Parry. Cruizer, Wilmington River, Feb'y 28th, 1776. 1 '^" )