Library of the University of North Carolina Endowed b}^ the Dialectic and Philan- thropic Societies d 9903-0 79 lilllll 00030748889 This book must not be taken from the Library building. ^IDec 3?§ HISTORY OP THE OLD CHERAWS: CONTAINING AN ACCOUNT OF THE ABORIGINES OF TEE PEDEE, THE FIKST WHITE SETTLEMENTS, THEIR SUBSEQUENT PROGEESS, CIVIL CHANGES, THE STRUGGLE OF THE REVOLUTION, AND GROWTH OP THE COUNTRY AFTERWARD ; EXTENDING FROM ABOUT A.D. 1730 TO 1810, WITH NOTICES OF FAMILIES AND SKETCHES OF INDIVIDUALS. BT THE Right Rev. ALEXANDER GREGG, D.D. BISHOP OF TUE P. E. OHUROH IN TEXAS, FOBUBBLT BECIOB OF ST. DAVID's CHUBCH, CHEBAW, SO. CA. Library, Univ. of North Carolina NEW YORK: RICHARDSON AND COMPANY, 14, BOND STREET. 1867. Entered, accokding to Act of Congkess, in the Year 1867, by RICHARDSON & COMPANY, ' In the Clerk's Office of the District Court of the Southern District of New York. TO THE DESCENDANTS OF THE FIRST SETTLERS ON THE UPPER PEDEE, THE WHIGS OF THE OLD CHERAW DISTRICT AND LIBERTT PRECINCT, WHEREVER THEY ARE TO BE FOUND: THIS TRIBUTE TO THE MEMORT OF THEIR FATHERS, |s gespettfullg §«buat«b THE AUTHOR. INTEODUCTION. The Author was induced some years since, at the instance of the " Cheraw Lyceum," to investigate the history of the Indian tribes formerly inhabiting the valley of the Pedee. In the course of his researches, some very interesting documentary matter connected with the first white settlers of this region was unexpectedly discovered, which led to renewed effort in that direction, and resulted in the collec- tion from various sources of an amount of matter far beyond anything which the most sanguine hopes in the outset could have anticipated. This was the more gratifying, inasmuch as in the histories of the State and the published memoirs of some of the distinguished leaders of the Revolution, the region of the Upper Pedee, embraced within the limits of the Old Cheraw District, had literally found no place. It was far removed from Charles-town, as well as from the main routes of emigration, travel, and the Indian trade^ all which tended to the west and north-westward, where the Cherokees held sway. None of the important battles of the Revolution were fought in this portion of Carolina, though it contributed largely to the number of those who took an active part in the strife. The operations of Marion were confined chiefly to the parts lower down on the river. Even Judge James, who served in early life under that dis- tinguished partizan leader, remarks, in his " Life of Marion -." — " As to the Old Cheraw District, where a VI INTRODUCTION. sanguinary warfare was waged between the Whigs and Tories under General Thomas, their leader, nothing is known, and it will, perhaps, remain ever unrecorded." It may, therefore, be readily imagined with what delight the materials of this unwritten history were recovered, how the desire was naturally excited to give it publicity, and the pride justly felt by one in the region of his nativity, to rescue the noble deeds of those who had long since passed away, from oblivion. After gathering the materials for his narrative from every accessible source, and carefully collating them, the Author was called, in the providence of God, to make a permanent removal from the State of his birth and the scenes of his former labors. He has since found time to bring the work to completion, esteeming it a tribute of affection due to those ties and associations, ever so dear to man, which he has left behind him. Though in the main a local history, and for that reason chiefly interesting to those who by nativity or descent are more immediately connected with this portion of Carolina, there is yet of necessity a close and continuous connexion throughout with the history of the State at large — a history which, except by the aid of such detailed accounts of par- ticular localities, can never be fully written. Much, there- fore, of general interest will be found in the following pages, more especially in the period which immediately preceded the Revolution, and during the progress of that eventful conflict. To the Whigs of the Old Cheraws, though with very few exceptions hitherto unknown to fame, must a con- spicuous place be assigned, for the part they took in pre- paring the. way for that early struggle for independence, and in its prosecution afterwards. If omissions appear in the account of families which came at an early period to the Pedee, and are known to have taken INTRODUCTION. Vll an active and influential part in its subsequent history, it is to be attributed to tlie fact, which none can regret more than the Aiithor, that after diligent and unremitting effort, information was either not to be obtained, or failed, after repeated application, to be procured from their descendants. It is a melancholy fact, indeed, as has been painfully experi- enced here in not a few instances, how little is known by their posterity of the third and fourth generations, of ances- tors who are worthy of being held in honored remembrance. In this connexion facts could be given which .would scarcely be credited. Too little attention has been generally paid to the preservation of such ancestral accounts, and of documen- tary matter, invaluable in connexion with the history of communities and public events of importance. To a few such collections which happily escaped the ravages of time, the Author has been largely indebted in filling up some of the links of his narrative. He is under weighty obligations to those who kindly furnished information and materials within their reach ; also to others who gave him access to public libraries and the archives of the State, and desires in this lasting form to give expression to his acknowledgments. In a local history Hke the following, much of minute detail as to persons and places is to be expected, constituting, as it does, one of the chief attractions of such a narrative. Where printed or documentary matter of permanent interest and value could be given in full as recorded, the object has been to present it literally in its original form, rather than in the language of the Author. In this way only can the materials necessary for general use in the future be preserved, and the labor of those to come in more important paths of historical inquiry be lightened. The hope is . therefore cherished that the intrinsic value of the matter collected, not the style of its narration, may interest the reader. And if a work, begun and prosecuted under the constant pressure of VUl INTRODUCTION. other pursuits and labors, shall serve to make those for whom he has chiefly written, better acquainted with the history of their fathers, and do justice, though at so late a period, to the memory of the noble men who have gone before, the Author will feel that his effort is abundantly rewarded. San Antonio, Texas, April, 1867. I HISTORY THE OLD CHERAWS. CHAPTER I. Indian tribes in Carolina — Extent of tlieir territory — Other tribes — Pedees — Kadapaws — Localities of each — Their origin — Advent of the Catawbas — Their tradition — Subsequent relation to tribes on the Pedee — Lederer's narrative — Localities identified — Sara, where — First mention in public records of tribes on the Pedee — Visit of the Cheraws to Charlestown — Governor's visit to the Congerees — Interview with Pedees — Governor Glenn writes to Governor Clinton — Evans's Journal — Cheraws visit Charlestown — Small- pox prevails — Removal of Cheraws and union with Catawbas — Catawba History — Languages of tribes on the Pedee — Meaning of " Cheraw" — " Pedee" — Indian remains on the Pedee — Indian habits and customs — Lawsou's narrative — Last of Cheraws and Catawbas. There is a sad chapter in the history of the New World : it is that relating to the Aborigines of America — a people, as all accounts agree, distinguished for many noble traits, but invariably degenerating in character and habit as they have come in contact with the " pale-faces,^^ and taken up their mournful line of march towards the setting sun. When first known to the colonists, South Carolina is said to have contained not less than twenty-eight tribes of Indians, with settlements extending from the ocean to the mountains. Of these tribes but a few names survive to mark the localities they once inhabited; and these, with such scattered remains as the waste of time and the level- ling work of the white man have spared, are the only memo- rials left to tell of their early occupancy of the soil. Of the tribes which dwelt upon the Pedee and its tributaries, the Saras, or Saraws, as they were first called — afterwards Charrows, Charraws, and Cheraws — occupied the region still B 2 HISTORY OF THE OLD CHERAWS. identified by the name : their territory extending thence to the coast, and along the coast from the Cape Fear to the Pedee. This extensive region has been assigned to the Cheraws by one of the most eminent ethnologists of America, as among the sites of the Indian tribes when first known to the Europeans, about the year 1600, along the coast of the Atlantic."^ If such was the extent of their territory at that early period, it would indicate a population which must have been greatly diminished, when, upon the approach of the Catawbas, a half century later, the supremacy of the Che- raws over the smaller tribes around them, and even over their own distinct nationality, would seem to have been lost, or at least unacknowledged. Within these early territorial limits of the Cheraws, and along the middle and lower parts of the valley of the river, must be assigned the Pedees ; and about the mouth of the river, the Winyaws. The Kadapaws were found on Lynchers Creek, after the name of which tribe that stream was called in the Indian tongue. Of these, the Cheraws — however they may have been dimi- nished in number by disease and war, or perchance by some dismemberment of their nation, and the removal of many, of which no record or tradition remains — continued to be the dominant race on the Pedee ; the others having ever been reckoned among the smaller and inferior tribes. Of their origin nothing is known beyond the conjectures of ethnologists. They have been assigned, but upon what grounds does not appear, to the extensive family of Algon- kins. These occupied that portion of North America on the east extending from 35° to 60° N. latitude, and reaching along the northern line of extension almost to the Pacific on the west. Beyond this, as the track of aboriginal descent and migration begins to be traced back, even conjecture is lost in a sea of uncertainty. The tribes on the Pedee continued in their feeble and disconnected state (the Cheraws maintaining the supremacy) until the arrival of the Catawbas from the north, with the * See map annexed, by the late Albert Gallatin, vol. i. of " Transactions of American Ethnological Society." HISTORY OF THE OLD CliERAWS. 6 liistory of whom tlieir owu was ever after to be inseparably blended. According to tlieir tradition,^ as it has been handed down to very receut times, the Catawbas, at a period prior or not long subsequent to the discovery and settlement of North America by the whites, occupied a region far to the northward, from whence, in course of time, they removed to the south. Being a numerous and warlike race, they vanquished the tribes with whom they came successively in conflict on the way, until they met the Cherokees on the banks of the river, afterwards called by their own name, Catawba. Here, as the tradition relates, a sanguinary battle ensued between them, which lasted from morning until night, darkness alone serving to put an end to the conflict. The loss on both sides was heavy, though neither party gained the victory. They slept on the field of blood among their dead and wounded. With the approach of morning, pro- positions of peace were made by the Catawbas, and accepted by tlie Cherokees. According to the terms of the agree- ment, the former were to occupy the country east of the river, and the latter the territory on the w est. Here they solemnly agreed to live together as brothers; and, after burying their dead, and erecting piles of stones as monu- ments alike of their common loss, and of the peace and friendship established between them, returned to their en- campments, ever afterwards sacredly observing the terms of the compact. This tradition of the Catawbas is confirmed throughout by the fuller details which ethnological research has added to their history. They appear to have been a Canadian tribe, and to have left their ancient home about the year 1650, pursued by the Connewangas, a superior and more Avarlike tribe, with whom they had come in conflict. Forced thus to remove, they turned their faces to the south- ward, and fought their way, when necessary to do so, until they approached the head waters of the Kentucky River. * For this interesting traditional account, as given by the Catawbas, the author is indebted to W. H. Thomas, Esq., of Qu ilia Town, No. Ca., who has been intimately connected with them, as their head man, or chief, since their removal to the western part of that State. B 2 4 HISTORY OF THE OLD CHERAWS. Here a separation took place, the larger number becoming absorbed in the great families of the Chickasaws and Choc- taws. The remainder of the tribe stopped in what was after- wards known as Bottetourt County, Virginia, but without making any permanent settlement. They removed thence in the year 1660, continuing their journey to the south, and, as Adair wrote, " settled on the east side of a broad, purling river, that heads in the great blue ridge of mountains, and empties itself into Santee River, in Amelia township, then running eastward of Charles- town, disgorges itself into the Atlantic." On the banks of this river, the Eswa Tavora (as it was called in the Indian tongue), they met the Cherokees, whose extensive territory ran thence to the westward, and there followed the sanguinary conflict, of which some ac- count has been given. In this battle 1000 of the bravest warriors were lost on each side, gi'catly reducing the force of the Catawbas, and doubtless making a permanent impression on their spirit as a warlike race, for which they had been so celebrated in the earlier periods of their history. How the approach of the Catawbas was regarded by the Cheraws, and whether any conflict ensued between them, tradition does not inform us. The approach of a strong and formidable tribe was generally regarded by the Indians as a hostile demonstration and claim to dominion. Already, doubtless, the decline of the Cheraws had commenced and made such progress as to unfit them for contesting the claim to supremacy. It was to be the story of a continuous decline, and of a race scattered or absorbed into another superior to themselves, the beginning of the last and most mournful chapter in their history. A portion of the Cheraws, however, must have remained distinct and inde- pendent for more than a century later, as will be found in tracing their subsequent course. They were henceforth to be wanderer?, the remains of their once exteusiA'e dominion, with those of the smaller tribes around them, having passed away to the Catawbas. The territory of the latter was placed in 31.'' north latitude, being bounded on the north HISTORY OF THE OLD CHE RAWS. 5 and north-cast by North Carolina ; on the cast and soutli by South Carolina ; and about west and south-west by the Cherokee nation."*^ The smaller tribes on the waters of the Pedee, appear after this period to have had but a nominal existence. They had doubtless degenerated through the operation of those wasting and destructive agencies at work in the his- tory of the aboriginal races ; and, in addition, had under- gone the process, common among the Indians, of becoming absorbed in their conquerors or in the larger tribes around them. In this instance they were merged chiefly in the Cataw- bas. About the year 1743, the language of the Catawbas is said to have consisted of twenty different dialects, of which the " Katahba" was the standard, or court dialect, the " Cherah" being another. Scarcely anything beyond a bare allusion to them by name is found relating to the tribes on the Pedee in the earliest accounts of the Indians of Carolina. AVith the exception of the Cheraws, they were reckoned among the smaller and inferior tribes, most of whom had then greatly degenerated and were rapidly ap- proaching extinction. Brief allusions are found at an early period to the several tribes in the Acts of the Assembly, passed for the regulation and support of the Indian trade. The larger tribes on the northern and western boundaries of the Province engaged the attention of the Government almost exclusively. The Catawbas formed a sort of barrier against their incursions, and of them there is frequent mention. Of the Cheraws the first distinct relation in any contem- poraneous record, is found in the explorations of John Lederer, " in three several marches from Virginia to the west of Carolina and other parts of the Continent ; begun in March, 1669, and ended in September, 1670.^^t Such at least is the case, if we are to understand by " Sara,"' as he writes it, the locality of the " Saraws," as they were sometimes called, or Cheraw Indians. Thus, in * Adair, p. 224. t For a full account of this early American traveller, the reader is referred to Dr. Hawks' " History of No. Ca.," vol. ii. pp. 43-<-63, with maps annexed. b HISTORY OF THE OLD CHERAWS. one of his journeys^ Leclerer says, " I departed from Watery the one-and-twentieth of Jime, and keeping a west course for near thirty miles, I came to Sara. Here I found the ways more level and easy. I did likewise, to my no small admiration, find hard cakes of white salt among them ; but whether they were made of sea-water or taken out of salt- pits T know not, hut am apt to believe the latter, because the sea is so remote from them. From Sara I kept a south- west course until the five-and-twentieth of June, and then I reached Wisacky. This three days' march was more trouble- some to me than all my travels besides, for the direct way which I took from Sara to Wisacky is over a continued marsh overgrown with weeds, from whose roots spring knotty stumps, as hard and sharp as flint. " I was forced to lead my horse most part of the way, and wonder that he was not either j)luDged in the bogs or lamed by those rugged knots. This nation is subject to a neighbor king residing upon the bank of a great lake called Ushery, environed of all sides with mountains and Wisacky marsh.''"^ There is great difficulty throughout Lederer's narrative, as Dr. Hawks more than once remarks, in determining the routes by which he passed and the localities described. If by " Watery," the Wateree of the present day is to be un- derstood, he could not by going west thirty miles to " Wisacky," and thence three days" march by a south-west course to " Ushery," have reached the Santee ; for by " Ushery" the Santee was meant, if the authority quoted by Dr. Hawks is correct : Col. Byrd, he adds, says that the Indians living on the Santee River were called " Usheries." If, on the other hand, amid the confusion of names which could not have been very well defined at that early period, we may understand by " Watery" the Pedee of the present day, a journey of thirty miles to the west would have brought Lederer to Lynchers Creek, the " Wisacky," and three days' march from thence south-westwardly along the swamp of Wateree, would have enabled him to reach the Santee, environed by the " High Hills" which have since become so famous, called by this early explorer, " Moun- Hawks' " History of N. C," vol. ii. p. 49. HISTORY OF THE OLD CHERAWS. 7 tains/' and witli au almost impenetrable swamp of vast ex- tent^ to which his descriptiou of a " marsh ovcrgroAvn with reeds/' would very well answer. In support of this view^ we find in Oldmixon's " History of Carolina/' published in 1708, reason for supposing that the Pedce was then called by that name (Watery). De- scribing the six counties into which Carolina, North and South, was then divided, he begins with Albemarle, on the borders of Virginia. Then follows an account of Clarendon County, in which, he says, "^ is the famous promontory, called also Cape Fear, at the mouth of Clarendon River, called also Cape Fear River. The next river is named Waterey River, or Winyan, about twenty-five leagues distant from Ashley River : it is capable of receiving large ships, but in- ferior to Port Royal, nor is yet inhabited. There is another small river called Wingon River, and a little settlement honoured with the name of Charles-town, but so thinly inhabited that 'tis not worth taking notice of. We come now to South Carolina, which is parted from North by Zantee River. The adjacent county is called Craven County.""^ It is evident that the "Waterey" here spoken of, was the Waccamaw, or the lower Pedee, and not the Wateree of the present day. The Pedee being a much longer stream than the Wacca- maw, it is not impossible that though the latter was known by the name of Waterey, or Winy an near its mouth, the former being supposed to form its extension higher up, was also in like manner designated. Dr. Hawks remarks, " Watery, Sara, Wisacky, and Ushery, would all appear to have been in South Carolina, the last directly west of Charles-town. If he made his journey then, entering the State somewhere in Robeson County, he must have crossed in a south-western line, and passing through Robeson County into South Carolina, must have traversed that State also in its entire width. The time occupied would not have been sufficient for it. Lederer's Itinerary presents difficul- ties which we confess we cannot satisfactorily solve."t Oldmixon's " History," in Carroll's Collections, vol. ii. p. 446. -j- Hawks' " History of N. C," vol. ii. p. 52. 8 HISTORY OF THE OLD CHERAWS. If, as is here conjectured, Lederer passed througli Robeson County into South Carolina, the supposition we have made will appear the more probable. And it brings to light the fact never before suggested or imagined, perhaps, that the Pedee, in the earlier days of aboriginal history, was known as '' Sara/^ If it was so, the time and reason of the change to Pedee can be left to conjecture only. It might have taken place after the advent of the Catawbas, and been brought about by them in order that such a standing memorial of the " Sara" dominion might be for ever obliterated ; or, what is yet more probable, the " Sara" territory, once embracing the region higher up, but afterwards confined to the coast, the Pedees, if succeeding to it, would naturally have called the river after their own name. The earliest mention in the provincial records of any of the tribes inhabiting the Valley of the Pedee, is found in the proceedings of the Council or Upper House of Assembly, December 15th, 1732.^ It is in these words : — " Mr. Sanders and Mr. Waties came from the Lower House with the following message. We herewith send your Excellency a letter of great moment to this Government, relating to the murder of a Pedee Indian, by one Kemp. We desire your Excellency to take the proper measures to prevent the ill consequences of it, by causing the offender to be appre- hended and brought to justice, or otherwise as your Excellency shall see fit." Upon reading the message from the Lower House of Assembly, and likewise the letter therein mentioned, com- plaining that one Kemp, or Camp, an overseer at Black River, or Georgetown, has barbarously murdered one of the Peedee Indians, " Ordered, — That James Neale, Esq., Provost Marshal, do immediately attach the said Kemp, or Camj), and bring him before his Excellency, the Governor, in Charlestown, to be dealt with according to law, and that all Constables and other officers and subjects of his Majesty be aiding and Council Journal," No. 5, p. 258, Secretary States Office, Columbia. HISTORY OF THE OLD CHERAWS. V assisting to the said Provost Marshal iu the cxccutiou of this orclcr/^ This proceeding of the House was based upon the following facts : — " Appeared before this Boards Thomas Burton and Wm. Kemp^ and upon the affidavit of Thomas Burton, and the information of Wm. Kemp concerning tlie fact of an Indian fellow being killed, name Corn-White Johnny, his Excellency issued the following order. On the 17th January, 1733, in Council, upon hearing this day the information of William Kemp, relating to the death of Corn-White Johnny, and the affidavit of Thomas Burton, it is ordered that King Harry, Captain Billy, George and Dancing Johnny, and some of the relations of the deceased, be and appear before me, the second AVeduesday in February next ensuing, to give an account of what they know of the death of the said Indian, and that Wm. Kemp do attend at the same time ; likewise that Mr. John Thompson, jun., is desired to acquaint the said Indians of this order.^^ This record is of interest now as evincing the jealous care exercised by the Provincial Government for the protection of those scattered and defenceless remnants of the Indian tribes whose domain was fast passing away from them, and who continued faithful to the whites to the close of their history. Of the result of the proceedings referred to no further account appears. We have next a brief, but interesting notice* of a visit made to Charles-town by a few of the leading men of the Cheraw and Catawbas in July 1739 : — " On Saturday last," said the Gazette of that day, '^ arrived in this town eleven of the chief men among the Catawbas and Cheraw Indians, w^ho came to pay a visit to his Honour, the Lieu- tenant-Governor, and inform him that some time since a party of their people went out to war, and not meeting with their enemies, had cut off a white family on the * South Carolina Gazette, June 30 — July 7tli, 1739. For access to this invaluable historical collection — a complete file of the old Gazettes, commencing about 1730 — the author is indebted to the courtesy of A. H. Mazyck, Esq., of the Charleston Library. Only a few of the earlier numbers of the Gazette are missing. At a later period a small portion was burned. 10 HISTORY OF THE OLD CHERAWS. borders of Virginia ; that upon complaint made to them of the said barbarous murder, they examined into the facts, and had put five of the ringleaders to death ; and that they were determined to prosecute in the same rigorous manner any of their people who for the future should be found guilty of the like cruel practices. They met with a kind reception from his Honour the Lieutenant-Governor, and having received the usual presents from the country, they set out this day on their return home, well pleased and content/^ The signal punishment visited by these tribes upon the murderers of the whites, indicated their fidelity to the Provincial Government, which continued to be as true as it was lasting. Of the Pedees mention is made a few years later. " In Council, March 2nd, 1743, his Excellency, the Governor, signed the following order to Mr. Commissary Dart, viz., to provide for the Pedee Indians now in town, the follow- ing particulars, viz. : — " Presents. — To the three head men, each of them, a gun and knife ; to the others, each of them, a knife. For the three women, each of them, a looking-glass, twenty bullets, half a pound vermillion to be divided among them. " Also, an order on Col. Brewton, for ten pounds of gun- powder for use of said Indians.''^^ The Pedees are men- tioned again, with the Catawbas, in the following year. " In Council, 25 th July, 1744, the Governor admitted four Pedee Indians to an interview in the Council Chamber, who informed his Excellency that seven Catawbas had been barbarously murdered by the Notchee Indians, who live among them, which horrible deed having been confirmed by Mr. Matthew Beard, who lives at Goose Creek, who had certain intelligence of the same, saying, that the said Ca- tawbas being drunk near Fuller Cowpen, near the four holes, seven of them, while asleep, were murdered by the Notchees ; which afiair being taken into consideration, his Excellency, by the advice of his Majesty's Council, ordered the follow- ing letter to be despatched away, relating to that subject : — * " Council Journal," No. 11, p. 133. HISTORY OF THE OLD CHERAWS. 11 « So, Ca., July 2S, 17-14. " Sir, — I have received information of an unlucky accident which happened about a week ago^ at or near the store be- longing to the late INIajor Fuller, somewhere about the Four Holes, where some Notchee Indians have fallen upon and killed five or six of the Catawbas, being instigated thereto by a person who keeps that store. The Catawbas, as I understand, have already set out to take their revenge, which has obliged the Notchees and Pedees to come further down among the settlements for shelter. I must therefore desire the favor of you to interpose in this matter, and to prevent, as far as you are able, any bloodshed, till this matter is fully enquired into. Then the guilty may be punished, and if you find it necessary, to interpose with the Militia in your parts to keep the peace. This I write at the desire of his JNIajesty^s Council. I hear they are at Mr. Beard's Plantation, in the neighbourhood. I SLva, with truths yours, "To Hon. Wm. Middletou, Esq." " JaMES GlEN.^ About two years after this, the Governor, as was usual when any difficulty occurred with the Indians, or to pre- serve their friendship and maintain a due influence over them, made a visit into the interior, at a certain place on the Congarees, appointed by him for an interview with the Catawbas, of which the following account was preserved. f " The Governor arrived at Congarees 27 April, 140 miles distance hence, where, on the bank of the Santee, the king and a few of the head men met him. Yenabe Yalangway, the King — the old leader. Captain Taylor, Naf kebee, and some others awaited on his Excellency. The next day the Go- vernor addressed them. A place being erected for the Governor to sit under, and the Union Flag hoisted, our men were drawn out in two lines, through which the Indians marched, when they were received with drums beating and colours flying, and saluted with some small pieces of cannon : after they had all taken the Governor by the hand, and the King with some of his head-men, had placed himself near Council Journal," No. 11, pp. 413, 414. f Gazette, June 2, 1746. 12 HISTORY OF THE OLD CHERAWS. his Excellency, a person was sworn truly to interpret all that should pass betwixt the Governor and the Indians ; and then his Excellency addressed them in words, the pur- port of which was to dissuade them from agreeing to a proposition which had been made to them by some of the other Indian Nations to join in a French war against the people of Carolina. After which, presents were dis- tributed, consisting chiefly of powder, guns, pistols, paint, &c. The Governor had that morning received an express from Mr. Brown (who trades amongst the Catawbas) acquaint- ing him that some of the Pedees and Cheraws (two small tribes who have long been incorporated wdth the Catawbas), intended to leave them, which might prove of dangerous consequence at a time Avhen they were so closely attacked by their enemies, the Northern Indians. Mr. Brown there- fore entreated that, if possible, such a separation might be prevented. The Governor ordered the rammers of all the pistols which he had delivered to the Indians to be laid upon the table, desiring that such as were Pedees and Charraws might advance, and they, being in a body near him, he spoke to them in these words : — " It gives me great concern, my friends, to hear that you entertain the least thought of leaving the Catawbas, with whom you have been so long and so closely united. This union makes you strong, and enables you to defend yourselves and annoy your enemies ; but should you ever separate, you would thereby weaken yourselves, and be exposed to every danger. Consider that if you were single and divided, you may be broke as easily as I break this stick" (at the same time breaking one of the rammers) ; " but if you continue united together, and stand by one another, it will be as impossible to hurt or break you, as it is impossible for me to break these," (his Excel- lency then taking up a handful of rammers). After this, they aU promised to continue together in their camp. The Governor then directed himself to the King of the Catawbas, telling him that he would expect his answer. To which the King replied at some length, assuring the Governor of their continued friendship and fidelity. The pledge of fidelity renewed on this occasion was HISTORY OF THE OLD CHERAWS. lo faithfully observed by these Indians thronghout all their subsequent history. Though often tempted by artful repre- sentations and large promises to take up arms against the people of Carolina, they could never be persuaded to do so. Throughout the Indian wars, and the eontest with the mother countr}', they continued steadfast in their devotion to their early friends and allies, Avell meriting the aid and protection extended to them by the State in the latter stages of their decline and weakness. That the Pedees owned slaves, will appear from the follow- ing notice, published in the Gazette of the day, Augiist 30 — September 6, 1748 :— " Taken up by IMichael Welch, overseer to the Subscriber, on an Island called Uchee Island, a Negro Fellow, who gives the following account of himself, viz., that he belonged formerly to INIr. Fullei', and was by him sold to Billy, King of the Pedee Indians ; that the Catawba Indians took him from King Billy, and carried him to their nation ; and that in endeavouring to make his escape from the Catawbas, he was lost in the woods, and had been so a considerable time before he was taken. He is a middle-sized Fellow, and a little pot-bellied ; says his name is Fortune, but is suspected to have another name which he does not care to own. Any person having any right or property in the said Fellow, may apply to the Subscriber, now in Charlestown. " Isaac Marksdale." The Pedees and other smaller tribes, who now led a wandering life, were in constant danger of being enticed off by the more powerful and hostile nations of Indians, to join them in their predatory excursions. The following letters indicate the anxiety felt on the subject by the Catawl)as, as well as by the Provincial Govern- ment at this period. The first^was addressed by the King of the Catawbas to his Excellency, James Glen, Esq. : — " There are a great many Pedee Indians living in the settlements that we want to come and settle amongst us. We desire for you to send for them, and advise them to * " Indian Book," vol. iii. pp. 163, IG^, in Secretary of State's Office, Columbia, S. C. 14 HISTORY OF THE OLD CHERAWS. this, and give them this string of wampum in token that we want them to settle here, and will always live like brothers with them. The Northern Indians want them all to settle with us ; for, as they are now at peace, they may be hunting in the woods or straggling about, killed by some of them, except they join us, and make but one nation, which will be a great addition of strength to us. his The X King." Catawbas, 21st November, 1752." mark. During the previous year — viz.. May 2i, 1751 — Governor Glen had written to Governor Clinton, of New York, re- specting the Congress of Indians to be holden at Albany, for the purpose of uniting the different friendly tribes, and preserving their friendship as a bulwark against the more hostile. Of that letter, the following extract will suffice : — " Our first care,'^ said Governor Glen, " ought to be to make all Indians that are friends with the English friends also among themselves ; and for that reason I hope you and the other Governors and Commissioners will heartily join your interest in removing all the obstacles to a peace, in reconciling all the differences, and cementing together in a closer union the northern and southern Indians, under the name of Norw*^- Indians. I include not only the six nations, the Delewares, and Susquehanna Indians, but all the different tribes who may be in friendship with them, particularly those on the Ohio River; as under the name of Southward Indians, I comprehend the Cherokees, the Ca- tawbas, the Creeks (called sometimes Muscogee), the Chickesaws, and such part of the Chactaws as are in our interest, and all the tribes in friendship with these nations, or that live amongst our settlements, such as Charraws, lichees, Pedees, Notches, Cape Fears, or other Indians ; and I hope that all prisoners on each side will be mutually delivered back.""^ On the 14th of October, 1755, John Evans made a visit to the Catawbas, by order of his Excellency, Governor Glen. From his journal the following extracts are taken, Indian Book," vol. ii. p. 96. HISTORY OF THE OLD CHERAWS. 15 and will be found chiefly interesting lierCj as containing some information respecting the Pedees : — "October 17th. — Met a Catawba man and woman, and informed by them, that in the summer, the Clierrackees and Notchees had killed some Pedees and Waccamaws in the white people's settlements. "18th. — I got into the Catawbas. King Hazier was gone a hunting the day before ; the next morning they sent for him, and he came in that night, " Before he got into the nation, I made it my care to inquire of the Pedees if they could not tell what people killed the Pedees at Goose Creek, where the boys were that was taken prisoners : answered, * They could not tell who they were, but understood it was the Notchees and Cherokees that did the mischief.' " 21st. — The king and head men met, and desired to know what I was come for. I told them that there was tAvo Pedee women killed and scalped, and two boys carried away from out of the settlements, and that it was done by some of theii" nation ; and one Notchee, which was called the Notchee Doctor, and his Excellency, the Governor, had sent me to demand the boys ; and I then and there de- manded these boys. I further acquainted them that his Excellency, the Governor, desired that they would not come into the settlements without they were sent for. The white people might mistake them, and do them a mischief, be- lieving them to be enemy Indians. I further said, that it was his Excellency, the Governor's pleasure, that the Catawba people should not attempt to carry away any of the Indians that are now living in the settlements up to their nation on any pretence whatever without his permission first. Their an- swer was, that old men should always speak truth ; and the most of them were grey-headed ; and they, for their parts, did not hurt the Pedees, and did not know or believe the mis- chief was done by any belonging to that nation ; and further said, that when the Northward Indians were in their nation, they bound the same three women and two men ; and the Catawbas released the three women, but the Northern Indians carried the men away. " 22nd. — I set out from the Catawba nation homcAvard, 16 HISTORY OF THE OLD CHERAWS. and at night came to a camp of Pedees. I acquainted them with my errand to the Nation, and desired them to let me know, if they could, who it was that killed and scalped the Pedee women, and carried the boys away. Lewis Jones, their chief, answered, that soon after the Pedees were killed, he went down from the nation to the settlements to inquire what harm was done by Goose Creek. He met a Pedee Indian, named Prince, who lived in the settlements ; and Prince told him, that a day or two before the mischief was done, there Avas five Cherokees and one Notchee seen to go by Monck^s Corner, and Lewis John said, he did believe they scalped the women, and car- ried the boys away."^ The Cheraws, following the example of the Catawbas, were true to the English, as they continued to be to the colonists throughout the Revolution and afterwards. They cheerfully endured the hardships of distant jour- neys when called upon for aid. In the South Carolina Gazette oi June 2, 1759, this account was given: — '^ On Tuesday last, 45 Charraws, part of a Nation of Indians in- corporated with the Catawbas, arrived in Town, headed by King Johnny, who brought to the Governor the scalp of a French Indian, which he had taken near Loyal-Henning. He and several others that are with him here, were with Gen. Forbes during the whole expedition against Fort Du Quesne. Their chief business seems to be, to see his Excellency and receive presents.'^ In the latter part of this year the great scourge of the red man appeared amongst them, and carried off many Indians in this part of the Province. In the Gazette of December 8th- 15th, 1759, was this sad account of its ravages : — " It is pretty certain that the small-pox has lately raged with great violence among the Catawba Indians, and that it has carried off near one half of that Nation, by throwing themselves into the river as soon as they found themselves ill. This distemper has since appeared among the inhabitants at the Charraws and Waterees, where many families are down, so that unless especial care is taken, it must soon spread Indian Book," vol. v. pp. 94, 95. HISTORY OF THE OLD CHEHAWS. 17 tlirougli the whole eountry, the consequences of which are much to be dreaded. The smallpox went almost through the Province in the year 1738_, when it made prodigious havoc, and has ever since been kept out of it by the salu- tary laws enacted for that purpose." So destructive and rapidly exterminative had been this disease among the Indians from its first introduction, that its appearance brought on a spirit of phrenzy and desperation. Ignorant and grossly superstitious, they regarded it as a visible em- bodiment of the Spirit of Evil — the sentence of wrath from heaven let loose upon them, from which there was no escape. In this state of mind the disease found abundant food for keeping itself alive and completing the work of destruction. The white families at the '' Charraws " and " Waterees," who appear to have suffered severely at this period, -were doubtless unprepared for such a visitant, and having not the means of prevention or cure at command, yielded" for a time, like their savage neighbours, to the fell destroyer. At a later period, about the time of the Revo- lution, some of the Catawba warriors having visited Charles- town, there contracted the disease again, and returning, communicated it to their Nation, which, according to con- temporaneous accounts, came well nigh being exterminated. It was after this, having been sorely thinned by disease, that they were advised by their friends to invite the Che- raws to move up and unite with them as one tribe. The Cheraws here spoken of by the Avriters of the day, must have been a part of the tribe which had maintained its inde- pendence probably in the region lower down the Pedee or on the coast, where they led a proud but feeble existence. That some of them should have refused to suljmit to what must have seemed to be the yoke of a foreign invader, is not surprising. But their doom was sealed. No longer able to maintain their isolated sway, or to resist the destruc- tive agencies at work among them, a weak and declining remnant, like the Catawbas themselves, they gladly ac- cepted the invitation to unite their future wdth that of their brethren who had gone before them. And now was seen their last journey as the representa- tives of a nation of ancient renown. 18 HISTORY OF THE OLD CHERAWS. Mournful as it was short_, the march was soon ended ; and henceforth these broken fragments were to constitute but one nation^ under the name of Catawbas, Tor a while, as at the firsts the Cheraws retained their own language^ though ordinarily using the Catawba. They lived in harmony together^ their early feuds for- gotteuj and the jealousies of other days obliterated by those common wants and saddened recollections which were henceforth to mark their declining history. Within the memory of persons noAV living, a few of the Cheraws have visited the upper Pedee, to take a last look at the localities which their own traditions had identified as the homes of their fathers. About the year 1700, the Catawbas num- bered 1500 warriors. Only a half century later this proud band had dwindled away to 400, Their principal settlement about this latter period was on the Wateree, where their country was described as beiug " an old waste field, seven miles in extent, with several others of smaller dimensions ; which shows/^ it was added, " that they were formerly a numerous people, to cultivate so much laud, with their dull stone axes, before they had an opportunity of trading with the English, or allowed others to incorporate with them.''* In 1787 they were the only organized tribe, under a distinct name of its own, in South CaroHna. Their toAvn, " Catawba,'' contained then about 450 in- habitants, of which not more than 150 were fighting men. In 1798 they are said to have been in the habit of holding an anniversary meeting of a sadly interesting character. It was intended to commemorate their former greatness, by recounting the numbers and deeds of their ancestors, of which tradition had kept them informed. f Well might the Catawbas have been proud of that history. And well may South Carolina cherish the memory of a people who main- tained their friendshiji and their active devotion inviolate throughout the long and trying period of conflicts waged successively with savage foes, and those of the same language and blood who came to reduce their American brethren to a state of worse than colonial vassalage ! ' Adair." + " Barton's New View," p. 51. HISTORY OF THE OLD CHEEAWS. 19 Of the liberal provision made for the Cataubas in later times by the Legislature of South Carolina, it is uuneccssarj to speak. A portion of them had removed at an earlier period to Buncome eounty. North Carolina, west of the Blue Ridge, and thither the miserable remnant, with few exceptions, followed a few years since. Reduced in nnmbers by disease and intermai'riage, by the contracted territory to which they had been confined while yet unfitted by the slow process, through which the Indian must always pass, for agricultural pursuits ; and withal, by those habits of idleness and dissi- pation which the custom of leasing their lands to the whites, and the consequent want of employment had subjected them ; drunken and wandering from place to place, their condi- tion became as abject as it had once been elevated among the red men of Carolina ! " In this rapidly declining tribe," says an eminent authority of recent times, " we behold the remnant of the defeated, long-lost, and celebrated tribe of the Eries." It is hoped that their history, in the materials of which the public records of the State abound, will one day, as it deserves, be fully written. Of the languages of the Indian tribes once inhabiting the valley of the Pedee, scarce a vestige is left, except the names of the rivers and a few localities. The same remark may be made of all the tribes which were found at the first approaches of the white man on the coast of Carolina, from Cape Hatteras to the Savannah."^ Of the meaning of " Cheraw," reasoning from the affi- nities of the Indian tongues, a probable conjecture may be hazarded. In Cherah, or Chera, as it seems at certain periods of Indian history to have been called, is found a close affinity with Chcra-kee. In the language of the Chera-kees, Cherah, or Chera, means fire. If, then, as seems highly probable, Cherah is identical with Serah, or Saraw, or Sara — as Lederer called it — now Cheraw, it may be con- jectured to have meant the fire town. The site of the present town of Cheraw, which has retained the name, Avith slight changes, from an early period, may have been the * " Transactions of American Etlinological Society," vol. ii. p. 115. c 2 20 HISTORY OF THE OLD CHERAWS. scene of an extensive conflagration when occupied by the Indians ; or^ being situated on a high bluff, and visible as a point of observation and alarm for miles across, it may have been a signal station, as such prominent localities often were, to gain the knowledge of an enemy^s approach, or other danger, and hence may have been called Cherah; in Cherokee, the fire-town : or, as may seem yet more probable, in another view ; if, about the period of their first distinct existence as a tribe,being possibly an ofl'shoot from theChera- kees,at the era of some internal struggle and partial dismem- berment of that once powerful and widely extended nation, the Cherahs, or Cheraws, were noted as fire-eaters, as some of the Indian tribes have been, the original of the name may be found in this circumstance — Clieraw meaning fire-eaters. After all, however, it is one of those points, the original of language in the aboriginal races, which, without the light of contemporaneous history, must ever remain involved in more or less of darkness and uncertainty. Of the meaning of " Pedee," nothing is known. It has even been made a question whether the name is of Indian origin ; and the opinion has been advanced that it is not, on the ground that it appears to have been unknown prior to the English colonial setth^ments. Hence it is conjectured that it was of subsequent origin, having had its beginning, perhaps, in the initials of a white man^s name, as of Patrick Daly, for example — P. D. — first carved upon a tree, then ludianized, and so changed into Pedee, as we now have it. This theory, however, is wholly untenable. That the name is not mentioned by the earliest writers, is readily accounted for by the fact that the Pedees, if ever a people of any note, had then become an insignificant tribe ; whereas only the more powerful nations of Indians engaged attention at first, or were so much as known by name. The earliest mention of Pedee is found in the account of the Eleven Townships, one of which was to be laid cnit on that river. This was about the year 1731-32.'^ But then it was spoken of as having already been in familiar use. It was spelt, too, not as if it had come from two capital letters, the initials of a proper name. * Carroll's " Historical Collections," vol. ii. p. 124. HISTORY OF THE OLD CIIERAWS. 21 Both the analogy and euphony of the Indian tongue in- dicate, beyond all doubt, that Pedee had the same original as Santee, Congaree, Wateree, Uchee, and Sewee, all of unquestionable Indian birth, and the names of neigh- bouring and cognate tribes. That the name Pedee does not appear in the earliest published accounts of Carolina may be attributed to the fact that for a considerable time after the first settlement of the Province, scarcely anything Avas known of that part of the State, because out of the line of the main route of travel, far in the interior, and at a later period only coming into notice. Of the Indian remains on the Pedee which are still to be seen, though but little trace is left^ there is nothing dis- tinguishable from those in other parts of the State, of which full accounts have been given. In some instances these remains are so numerous as to indicate the existence of once populous settlements. These settlements, as usually the case with the aborigines^ were made upon the banks of rivers and other large streams, on account of the fertility of the soil, for fishing purposes, and other facilities thereby afforded. In most instances on the Pedee where these remains are yet to be seen, are found large collections of fragments of pot-ware of varied shapes, sizes, and devices. It is difficult even to conjecture why such quantities of these were de- posited at points not far removed from each other. They could scarcely have been the result of large accumulations in those places where the pot- ware was made, for they are generally found to be well-finished specimens of their kind, and evidently parts of vessels which were once in use. Nor does it appear to be a well-founded opinion, sometimes advanced, that upon the sudden breaking up of the Indian settlements, for whatever cause, these vessels of ornament or use were heaped together in one confused mass, and with such other chattels as could not be removed, aban- doned for ever. Their appearance indicates that they were broken by violence ; and what is more remarkable, of all the specimens taken up at random in any single locality, scarcely any two are found to be exactly alike in outward device and finish. 22 HISTOEY OF THE OLD CHERAWS. The ornamental lines and figures on the exterior are in many cases well executed, and for the untutored savage, ex- hibit a high degree of art. The questions, how they were broken, why collected in such strangely-mingled masses, and why other remains, as the pipe, the arrow-head, the stone axe, &c., are not generally found among them, will remain unanswered; and like so much else we would fain know respecting these early occupants of the soil, continue perhaps among the secret things of their history. A large vase or jar,* of three gallons' capacity, was washed up a few years since by the waters of a freshet on the east bank of the Pedee, in Marlborough district, near Spark's Ferry. It is in a state of almost entire preservation, but not so highly finished as are many of the broken specimens which have been recovered. Like those to which Lawson alkides, in his account of the Congerees, this jar has a hole in the bottom, not smoothly cut, but roughly and irregularly made, as if punched through by some blunt instrument after the vessel was finished. Lawson supposes that they were sometimes used for burial purposes, and that the holes were made in the bottom to let off the morbid juices of the body going to decay. Some of the specimens of pot-ware found are highly finished ; and, upon the whole, appear to warrant the conclusion arrived at by the first and most thoughtful travellers among our Indian tribes, and since clearly demonstrated by the results of later explorations, that those whom the Europeans found, on their first discovery and settlement of the country, were not the ancient dwellers in this part of the new world. " The earthen pots,-" says Lawson, " are often found under ground, and at the foot of the banks, where the water has washed them away. They are for the most part broken in pieces ; but we find them of a different sort, in comparison of those the Indians use at this day, who have had no others ever since the English discovered America. The bowels of the earth cannot have altered them, since they are thicker, of another shape and composition, and * This vessel was presented to the Cheraw Lyceum, by Col. J. D. Wilson, of Darlington. HISTORY OF THE OLD CHERAWS. 23 nearly approach to tlic urns of the ancient Romans."^ "We are tokl that they made earthen pots of very different sizes, so as to contain from two to ten gallons ; large pitcliers to caiTy water, bowls, dishes, platters, basons, and a prodigious nnmber of other vessels of such antiquated forms^ that it would be almost impossible to describe them. Some of the specimens, in a fragmentary form, and others in a state of preservation, Avhich were found on the Pedee. are of different shapes, and curiously finished. Of these one is very small, not holding more than a gill, and seems to have been used for paint, or some other valuable liquid. Another,t of which the lower portion only is left, has the exact shape, the outward finish, and as much the appearance of a pineapple as if it had been carefully fashioned after that as a model. The process of glazing was simple, and con- sisted in placing the vessels over a large fire of smoky pitch pine, which made them smooth and shining. " Their lands abounded in proper clay for that use, and even with porce- lain, as has been proved by experiment.'^ Wlien first dis- covered on the coast, the Indians were found to cultivate a variety of grains and vegetables. The process of clearing their lands has been minutely described. Their stone axes, of which specimens have been found on the Pedee, resembled a wedge or smith's chisel, and weighed from one to two or three pounds. They twisted two or three tough hickory slips about two feet long round the notched head of the axe, and by means of this simple contrivance deadened the trees by cutting through the bark, after which they fell by decay, or having become thoroughly dry, were easily burned. With these trees they kept up their annual holy fire. In the first clearing of their plantations they only barked the larger timber, cut down the saplings and underwood, and burned them in heaps. As the suckers put up, they chopped them off close by the stump, and so made fires to deaden the roots, till in time they also decayed. The burning of the grass and underwood in the forests is said to have been an ancient custom of the Indians. This may account for * Lawson, pp. 169, 170. ■f This was also presented to the Cheraw Lyceum by Col. Wilson. 24 HISTORY OF THE OLD CHERAWS. the fact wliicb has been mentioned in connexion with the first settlements by the whites in the interior^ that in many- places the woods were found open to such an extent that even small objects could be seen to a great distance. These burnings were practised by the Indians, as we are told, " in order to allure the deer upon the new grass, as also to dis- cover the impressions of their enemies^ tracks in the new burnt ground, distinguishable to their women and children, in case the raven should be sick or out of the way (thus they call the look-out, whose business it is to recognise the avenues of their towns), who, as well as any other Indian (as they all apply themselves to hunting) are by practice so keen and precise, that they can distinguish and follow a track, be it of a Avhite man, negro, Indian, or be it of a bear, deer or wolf, horse or cow, even on hard bottom, not ad- mitting of impression so as on soft ground, although covered all over with leaves, so that the ground itself is not visible, and even bare of any grass or bushes, which by their irregular bend may indicate a creature — human or animal — having trod upon or brushed by it/^"^ Having cleared their lands in the primitive manner before described, the Indians used, in planting and tilling, their own made instruments. After- wards a common hoe was the only implement employed in the cultivation of the soil. They prepared their corn for use by beating it till the husks came off, then boiling it in large earthen pots. For pounding the corn, mortars were made by cautiously burning a large log to a proper level and length, then placing a fire on the top and wet clay around it in order to give the interior a proper shape. When the fire was extinguished, or occasion required, they chopped the inside with their stone instruments, patiently continuing the process until they finished the vessel for the intended purpose. In certain localities on the Pedee, which appear to have been the centresf of their once extensive settlements, many tumuli were once to be seen. * B. R. A., H. M.'s Philosophico-Historico-Hydrogeography of South Caro- lina, Georgia, and East Florida, 1751. Edited and republished by Plowden, C. J. Weston, 1856. P. 189. t The plantation of the late James M'Call, Esq., in Darlington District, on f^'*-' HISTORY OF THE OLD CHERAWS. 25 They were similar to some of those described by Bartram"*^ in lilast Florida, near the river St. Juan ; " where/' he ob- serves, " I found the surface of the ground very uneven by means of little mounts and ridges. I had taken up my lodging on the border of an ancient burying-ground ; sepulchres or tumuli of the Yamassees, who \vere here slain by the Creeks in their last decisive battle. These graves occupied the whole grove, consisting of two or three acres of ground." During a visit of the author in 1859 to the upper part of Marlborough District, near the North Carolina line, a mound was pointed out to him which is related by tradition to have been the scene of an Indian battle. On a subse- quent occasion it was visited for the purpose of exploration. It appears to have been raised originally but a few feet above the surface of the adjoining level, and had been almost entirely washed down. Its dimensions were about ten by fifteen feet. Many years before, a partial excavation had been made, and in digging down on this occasion for a short distance small pieces of bone were found mixed with the earth throughout, so that no opinion could be formed as to the depth of the first layer of bodies. Four feet below the sur- face a point Avas reached where the soil had not been disturbed, and a little below this were found from four to six skele- tons, lying regularly, in a horizontal position, with the feet to the east, having evidently been placed in two layers. The larger bones were in a comparative state of preservation, and one of the jawbones with the teeth entire, apparently of a person about middle age. With the bones were found a stone hatchet, a beautiful arrow-head, and a pipe, and strange to relate, the smell of tobacco abovit the pipe was perceptible for several hours after the exhumation. The tradition re- lating to the battle and the burial was well founded, and carried them nearly a century back. As to tobacco, the Indians affirmed, as some of the earliest travellers among them inform us, that the use of it the Pedee, is an instance of this, where many remains of the kind were once visible, though now for the most part levelled by the plough. * Bartram's "Travels in the Caroliuas, Georgia, East and West Florida," 1773-71. 26 HISTORY OF THE OLD CHERAWS. was known to them before the Europeans discovered the continent. The skill of the Indians in medicine^ in certain diseases, was remarkable, the process of cure being simple and expeditious. The knowledge of some of the most valuable plants now in use was derived from them.^ Some of the customs of the Indians of Carolina indicated a degree of kindness and social aflPection, as well as an ap- preciation of duty, of which they are not generally supposed to have been possessed. When, for example, one of their own nation had suffered any loss by fire, or otherwise, he was ordered to make a feast, to which all the tribe was in- vited. After they had partaken of the feast, one of their speakers, generally a grave old man, delivered a harangue, informing them of the particulars of the loss sustained, and of their duty under such circumstances. After which, every man, according to his quality, threw down some present upon the ground, of beads, skins, furs, or other valuables, which often amounted to treble the loss incurred. So, if one wished to build a canoe, or make a cabin, they rendered him assistance, saying, " There were several works which one man could not effect, and that therefore they must help him ; otherwise their society would fall, and they would be deprived of those urgent necessities which life requires."^ If a woman lost her husband, and had a large family of children to maintain, she was always assisted. The young men of the tribe were made to plant, reap, and do anything she was not capable of doing herself. At the same time they would not suffer any one to be idle, but compelled all to employ themselves in some work or other, t As to religion, they believed generally that the world was round, and that there were two spirits, the one good and the other bad. The good spirit they reckoned to be the author and maker of everything. It was He, they said, who gave them the fruits of the earth ; and taught them to hunt, fish, and be wise enough to overpower the beasts of the wilderness and all other creatures, that they might be assistant and beneficial to man. They did not believe * Lawson, p. 172. f Lawson, pp. 178, 179. HISTORY OF THE OLD CHERAWS. 27 tliat the good Spirit punished any man in this life, or that to come, but that he delighted in doing good, and in making his creatures wise and happy. The bad Spirit (who lived, as they thought, separate from the good spirit) they made the author of sickness, disappointment, loss, hunger, travail, and all the misfortunes that Iniman life is incident to. Some of our aborigines were found to have traditions of the great Deluge, and of this event they gave a curious descrip- tion. Of some of their practices, and one in particular, Lawson gives a singular account. He says : " Several customs are found in some families, which others keep not ; as, for example, the families of the Mach-a-pangas use the Jewish custom of circumcision, and the rest do not ; neither did I ever know any other amongst the Indians that prac- tised any such thing ; and perhaps if you ask them what is the reason they do so, they will make you no manner of answer : which is as much as to say, I will not tell you."* They seemed to have been unwilling, for the most part, to give any account of their customs, particularly those of a religious character. And so, the same writer remarks, that he knew them, for days together, to be amongst their idols and dead kings, though he could never get admittance to their sacred places to see what they were doing. The fact of their practising idolatry at all has been positively denied by other travellers, who profess to have informed themselves of all that relates to their habits and customs. It is likely that the different tribes, remote from each other, and possibly of different origin, differed much in their customs and traditional obser- vances, and hence the conflicting accounts which have been given. Of one custom, remarkable as it is suggestive, which Lawson affirms to have prevailed among the Indians of Carolina, and of which no other writer is believed to give any account, it may gratify the curiosity of the reader to be informed. It is very certain that it must have nipped the risings of aboriginal Young Americanism in the bud, leaving to a far superior race to exhibit, in the management of their youth, much more indecision and weakness. * Lawson, pp. 210, 211. 28 HISTORY OF THE OLD CHEUAWS. " There is one most abominable custom," says Lawson, " which they call husquenawing their young men, which I have not made any mention of yet. " Most commonly once a year, or at farthest, once in two years, these people take up so many of their young men as they think are able to undergo it, and husquenaugh them, which is to make them obedient and respective to their superiors, and (as they say) is the same to them, as it is to us to send our children to school, to be taught good breeding and letters. This house of correction is a strong, large cabin, made on purpose for the reception of the young men and boys, that have not passed this graduation already ; and it is always at Christ-mas that they husquenaugh their youth, which is by bringing them into this house, and keep- ing them dark all the time, where they more than half starve them. Besides, they give them Pellitory bark, and several intoxicating plants that make them go driving mad as ever were any people in the world ; you may hear them make the most dismal cries and bowlings that ever human creatures expressed ; all which continues about five or six weeks, and the little meat they eat, is the nastiest, loath- some stuff, and mixed with all manner of filth it's possible to get. After the time is expired, they are brought out of the cabiu, which never is in the town, but always a dis- tance off, and guarded by a jailer or two, who watch by turns. And, when they first come out, they are poor as ever any creatures were ; for you must know several die under this diabolical purgation. Moreover, they really either are, or pretend to be drunk, and do not speak for several days ; I think, twenty or thirty ; and look so ghastly and are so changed, that it's next to an impossibility to know them again, although you was never so well acquainted with them before. I would fain have gone into the mad- house, and seen them in their time of purgatory ; but the king would not suffer it, because he told me, that they would do me or any other white man an injury that ventured in amongst them ; so I desisted. They play this prank with girls as well as boys, and I believe it is a miserable life they endure, because I have known several of them run HISTORY OF THE OLD CHEKAVS^S. 29 away at that time to avoid it. Now^ the savages say, if it was not for this, they eould not keep tlieir youth in sub- jection : besides that it hardens them after to the fatigues of war, hunting, and all manner of hardship, whieh their May of living exposes them to. Besides, they add, that it carries off those infirm, weak bodies, that would have been only a burden and disgrace to their nation, and saves the victuals and cloathiug for better people, that would have been expended on such useless creatures."* Lawson is the only one of the early Indian travellers in South Carolina, except Lederer, who passed through those parts of the State inhabited by the ancient dwellers on the Pedee. ^. large part of his book, however, is taken up with the natural history of North Carolina. He commenced a journey from Charlestown, December 28th, 1700, passed up the San tee and Wateree Rivers, and thence probably across to the Yadkin, and through North Carolina into Virginia. Among the Catawbas he must have met with the Cheraws and Pedees, if not in the parts higher up on our own river, though he does not mention them by name. In speaking therefore of the Carolina Indians generally, his remarks will apply to these, as well as others more par- ticularly mentioned. A feV\' years after he was put to death in a most barba- rous manner by the Indians in Eastern North Carolina ; to which State he had rendered most important service as Sm'veyor-General, as well as by his interesting account of the Natural History of that region. The author at one time cherished the hope of procuring some valuable traditional matter as to the Cheraws, through Wm. H. Thomas, Esq., of North Carolina, of whom men- tion has already been made. It was thought not unlikely that during his long and familiar intercourse with the Ca- tawbas, INIr. Thomas might have gathered from their tradi- tions something of the history of the Cheraws before the union of the tribes ; but the hope was disappointed. The tradition of the Catawbas, already related, seems to be all Lawson, pp. 233-34. 30 HISTORY OF THE OLD CHERAWS. they have preserved. Every other source of information, now accessible^ has been exhausted. And with the account here given, meagre and unsatisfactory as it is, we must be content, leaving these early occupants of the soil, proud and valiant and numerous as they once were, in that darkness and oblivion, to which the red man, as he has receded west- ward before the advancing tide of civilization, has ever been consigned. HISTORY OF THE OLD CllERAWS. 31 CHAPTER II. First settlements in the province — Establishment of counties — Craven County — Some account of it — The boundaries and extent — Difficulty as to dividing line between Craven and Berkeley — Province divided into ten parishes — First parochial organization in Craven County — St. James' Santee — Its extent — Prince George — Its boundaries — Prince Frederick next established — Settlement of line between Prince George and Prince Frederick — Letter of Col. Pawley — Petition and counter-petition to Council on the subject — Pedee not known in early history of province — History of dispute as to dividing line between Xorth and South Carolina on the north-east and north — Some account of the survey — Conclusion. Many years passed away after the first settlements ou the coast of Carolina before they began to extend very far into the interior. The country had not been explored^ and the Indian, jealous of encroachment upon his hitherto un- interrupted domain^ was hovering with murderous design upon the borders of civilization. It was necessary, there- fore, for their own protection, that the whites should remain together, and cautiously advance, as accessions were made to their numbers, in search of richer lands towards the middle and upper parts of the province. In the meantime the people, who had hitherto lived under a kind of military government, now began to form a legislature for establish- ing civil regulation. Accordingly, the first parliament (as it was styled) held in South Carolina, was called together in 1674 ; and at this meeting acts were passed, which were ratified by the proprietors, and preserved in the records of the colony.* In 1682, it was found necessary to divide the inhabited parts of the province into counties, of which three were laid out — Berkeley, embracing Charlestown, and the space around the capital, extended from Sewee on the north to Stono Creek on the south ; beyond this to the northward was Craven county ; and to the southward Colleton county, all extending within the land to a distance of thirty-five * Hewitt's " History of S. C." iu 1st Carroll, p. 59. 32 HISTORY OF THE OLD CHERAWS. miles from the sea-coast."^ Shortly after, Carteret county was added to the number. These counties were subdivided into squares of 12,000 acres each, for the several shares of the proprietors, land-graves, and cassiques.f Craven, formerly denominated Clarendon county, em- braced in its subsequent extension a much larger territory than the other counties. From Berkeley, on the south, it reached towards Cape Fear on the north, and with North Carolina for one boundary on the north and north-east, and the Santee and its branches on the other sides, it extended through a wide belt of country from the sea-coast to the mountains. At the time of the division into counties. Craven was so sparsely settled as not to be politically considered. But, twenty years afterwards, it was described as being pretty well inhabited, the Huguenots having settled on the Santee, about which time it sent ten members to the Assembly. It took its name from William, Earl of Craven, one of the first lord proprietors, and long retained it. This county embraced the region of the Pedee through- out its course, from the North Carolina line southward. Some account, therefore, of its political divisions will be given, extending down to the period of those settlements in the upper parts of the Pedee country, to which attention is to be directed. Not long after the division, some disputes appear to have arisen as to the dividing line between Berkeley and Craven counties, and an Act of Assembly J was passed in 1733 to settle the same. The first parochial organization in Craven County was under an Act of Assembly of 1706, commonly called the Church Act, passed for the establishment of religious wor- ship according to the Church of England, and for erecting churches. It divided the Province into ten parishes, of which Craven County constituted one, by the name of St. James, Santee. § * Rivers' " History S. C." p. 134. f Oldinixon in Carroll's " Collection/' vol. ii. p. 409. X " Public Liiws of So. Ca." p. 176. § " Statutes at Large of S. C." vol. ii. p. 330. HISTORY OF THE OLD CHERAWS. 33 By a furtlicr declaratory Act passed in 1708, the bounds of the several Parishes were defined, and those of St. James, Santee, were restricted as follows : — " To the N.E. by Santee River, to the S.E. by the Sea, and to the S.W. by Berkeley County/' In 1721* the Parish of Prince George, Winy aw, was established, — bounded " on the S.W. by San- tee Hiver, on the N.E. by the Cape Fear River, on the East by the Ocean, and on the West as far as it shall be inhabited by his Majesty's subjects." Up to this time, however, the settlements had not extended far to the north and north-w'cstward. They Averc gradually going up along the line of the rivers, Avith their rich alluvial bottoms. The population of the Province receiving constant accessions from abroad, began at length to find its way into the interior ; and the need of extending organizations was felt, with the privilege of repre- sentation and other facilities for progress which would be thereby aftbrded. In 1 731, this need of a portion of the inhabitants of Craven County was recognised, and a further division took place ; the Parish of Prince Frederick being established, and taken from that of Prince George, Winy aw, embracing, according to the terms of the Act, the region of the Upper Pedee on the West.f It was soon after found, however, that this division was not sufficiently definite as to the Northern line. Accordingly in the following year, 1735, the Act was so changed as to make the said line extend due North over Pedee River to the utmost bounds of the Province, it being provided " that the tract of land to the East of the said line, l)etwcen that and the Sea, should be deemed as part of the Parish of Prince George, Winyaw, and on the other side of the said line to the West, a part of the Parish of Prince Frederick.'' J Of the existence and operation of this amending Act, there appears to have been a singular oversight at a later period, as will be seen hereafter. Dissatisfaction still continued to exist as to the dividing line between the two Parishes, on account of its extension * 3 " Statutes," p. 171. t 3 " Statutes at Large," p. 374.. + " Public Laws," p. 111. 34 HISTORY OF THE OLD CHERAWS. across tlie Pedee. The following letter of Colonel George Pawley brought the matter to the notice of Council : — « June 1th, 1739. " Please your Honour, — I think it my duty to inform your Honour that the dividing line of Prince George and Prince Frederick's Parishes is not yet finished according to the additional Act made, which was to cross Pedee River, and continue a North course till it touch the Provincial line ; which, if it is done, will, in my humble opinion, break that small company as is of late erected on that Neck lying be- tween Great Pedee and Little Pedee rivers ; also, it will cross some part of Queensborough Town-ship, which is a Parish of itself. Therefore, if your Honour pleases to think on it, I don't doubt but you will be of the opinion to have Great Pedee the boundary of the Parish upward from where the line is marked and strikes the said River ; for as it now stands, there is a confusion among the Inhabitants, not knowing in what Parish they belong; also, the Surveyors know not how to certify their Plots, some for one Parish and some for the other. Therefore, if the river be the Bounds, the work is done, and no charge to the Publick ; and that your Honour may have a better idea, I have drawn a small Draft of the Rivers in these Parts ; so I beg your Honour will be so good as to forgive, if I have done amiss, for it is not my intent so to do, but the hearty desire for the good of the place. So beg leave to subscribe myself your Honour's most obedient, humble servant to command, " George Pawley.""^ " To the Hon.Wm. Bull." Whereupon, it was '' Ordered, that the Clerk do draw out two copies of Mr. George Pawley's letter, with the Draft of the Rivers, one of them to be sent to the Parish of Prince Frederick's, the other to be sent to the Parish of Prince George, to know whether they have any objection to make to the proposals contained in the said letter, for settling the Boundary of these Parishes, and to return an answer." The matter having thus been referred to the inhabitants, * " Council Journal," No. 7. HISTORY OF THE OLD CllERAWS. 35 action was taken by them ; and on the 25th of January, 174.'2, a Petition from sundry inhabitants of Prince George Avas laid before Council,"^ praying tliat the Great Pedee might be made the dividing line between the parishes ; " because, as it was to be seen by the Aet of 1734-35, it would divide the narrow strip of land between Great and Little Pedee rivers, and run alternately in the swamp of one or the other, which would be impracticable to run, and the branches of Little Pedee would sometimes make it dif- ficult to distinguish that river, the lakes, &c." This petition was signed by George Pawley, John Woodbury, David Cherrey, and thirty-eight others. A counter petition was at the same time presented by John Avant, and nineteen others, inhabitants of Prince Fre- derick's, praying the line should not be so run : " 1st. Because the Inhabitants residing between the said rivers are twelve miles and upwards nearer to our Parish Church than to George -town. " 2nd. The major part of the abovesaid inhabitants must go through om' Parish and pass by our Church to public worship, and other religious duties, and other officers to George-town. '^ 3rd. Because the said inhabitants humbly pray to be included in the River. " 4th. Because the Town-ship of Queensborough is laid on both sides of Great Pedee river; and " 5th. That whenever the Legislature shall be pleased to erect the Town-ship of Queensborough and Williamsburg into separate Parishes, this of Prince Frederick's being the oldest Parish (from which Prince George was divided), will be confined to narrow limits, and consequently for ever remain one of the smallest, if not poorest. Parishes in the Province, if so valuable a branch as that of Pedee be taken from it. " We further presume to acquaint your Hon""* that the North line appointed by Act of Assembly to be run from John Bogg's plantation, on Black River, was supposed and intended (by our Representatives) to make Pedee River at or ' Couucil Journal," No. 8, pp. 454, 455. 36 HISTORY OF THE OLD CHE RAWS. below the plantation, Euhaney, belonging to Mr. Percival Pawley, about eighteen miles distant from said Bogg's plan- tation ; but we now find that a North course excludes from this Parish sundry families residing on Pedee E-iver, near the line as it is now marked, who constantly attend divine service in this Parish, being about twelve miles distant from our Church, and at least twenty-two miles from George- town. " We therefore pray your Hon'^^ to relieve the Inha- bitants by ordering the dividing line to be run on a straight course, which shall be done on our own proper charges, from Bogg^s plantation to Euhaney, that the Pedee River be the boundary to the mouth of Little Pedee, which is about fifteen miles above said Euhaney, and that Little Pedee river and the main branch thereof be the natural bounds up to the Provincial line/' The Petitions were ordered to lie on the table. As, according to the original term of extension, when the Parish of Prince George, Winy aw, was created, so now Prince Frederick was made to embrace a large part of the hitherto uninhabited and valuable region stretching out to the North-westward. More than twenty years after, in 1757, the Parish of Prince Frederick was divided ; " the inhabitants of the upper parts of the same by their Petition to the General Assembly having represented many inconveniences they labored under, for the want of such a division.^' An Act was therefore passed, dividing Prince Frederick into two Parishes, " by continuing the North-westernmost line of Williamsburg Township to Pedee and Santee rivers ; all the lands to the Southward of the said line, constituting a distinct Parish by itself, separate from the other part of Prince Frederick, and thereafter to be known as St. Mark^s."'' The Parish of St. Mark^s therefore embraced that portion of Craven County which was west of the Pedee and north of said line. But, returning to the Parochial organization as it was in 1734, and following up the valley of the Pedee through the then Parish of Prince Frederick's, a distance of about fifty miles, the traveller would have entered at what is now Marion District, with Darlington and Chesterfield above on the HISTORY OF THE OLD CIIERAWS. 37 west, and Marlborough on the east of the Pedce, the terri- tory, to the early settlement and subsequent progress of Avhich attention is to be given. Though more than seventy miles in length, from its southern bounds to the line of North Carolina above, and in width from thirty to fifty, abounding in every variety of soil, and presenting no mean facilities for transportation by Avater, this inviting region, until within a few years before, had remained entirely unexplored. There is nothing to indicate that any settlements had been made previous to the year 1730. Indeed, little was then known of this part of the Pro- vince. In some of the descriptions of Carolina, written not many years before the time referred to, the Pedee is not so much as mentioned by name. And in an account published as much as a half century later, after the mention of seve- ral rivers of importance, among which the Pedee is not classed, it is simply added, " There are many other Rivers and Creeks of lesser note.""^ Before any settlements were made in the upper part of Craven County, some difficulty had occurred in determining the line between South and North Carolina, which line bounded Craven on the north and north-east. After the resignation of the Lord's Proprietors, in July ] 729, and the consequent change of Government, the Province of Carolina, hitherto one, was divided, by order of the Council, into North and South Carolina.f That part of the Province, described generally as lying south and west of Cape Fear, became South Carolina. The exact limits of each were now to be defined, and, as was to be expected, disj)utes arose respecting the boundary line, before it was finally settled. In 1732 appeared the first public communications of a con- flicting character between the Governors of the respective Provinces. This controversy led to instructions from the king to the Governor of North Carolina, in which it was said : " in order to prevent any disputes that may arise about the Southern boundaries of our Province under your Government, we arc graciously pleased to signify our plea- » 2 Carroll, p. 263. f "Statutes," pp. 405-6. 38 HISTORY OF THE OLD CHE HAWS. sure that a line shall be run by Commissioners, appointed by each Province, beginning at the sea, thirty miles dis- tant from the mouth of Cape Pear river, on the South- West thereof, keeping at the same distance from the said river, as the course thereof runs to the main source or head thereof, and from thence the said boundary line shall be continued due west as far as the South Seas/^"^ Agreeably to these instructions, the first survey was made in 1735, under the authority of the Royal Government. It commenced at the mouth of Little River, on the sea-shore ; was extended in a north-west direction 64J miles, to a point two miles north-west of one of the branches of Little Pedee. In 1737, the line was extended in the same direc- tion 22 miles, to a stake in a meadow, which was erro- neously supposed to be at the point of intersection with the 35th degree of north latitude. The entire length of the two lines is 86 miles 174 poles. In 1764, 24th September, James Moore, George Pawley, Samuel Wiley, and Arthur Mackay, under the direction of Governor Dobbs, of North Carolina, and Governor Bull, of South Carolina, extended the boundary due west from the stake at which the line of 1737 terminated, the distance of 62 miles; intersecting the Charles-town road at 61 miles, to a point near the Washaw Creek. In 1772 the line was extended from this point, under the authority of Governor Tryon, to the Tryou Mountain ; and the controversy, which commenced with the formation of our constitution, and was unsettled until 1813, between North and South Carolina, grew out of it.f Afterward, a part of the line of 1772 was re-run, and the line then extended to the westward until it reached a point of intersection with the boundary of Georgia. In a description of South Carolina, supposed to have been written by Governor Glen about the year 1761, this subject is referred to, and certain reasons are there assigned for the continuance of the dispute. He says : " Tbe Northern boundary of South Carolina is not so well agreed upon as * 1 statutes, p. 406. f Governor Swain's " Letter to Dr. Cooper, 27th March, 1835," 1 '•' Statute.-* at Large," p. 409. HISTORY OF THE OLD CHERAWS. 39 might be expected, wLich is owing to the dishonest inten- tions of many lawless people, settled in those parts Avithout legal titles, and not to any want of attention in Govern- ment, nor to any difficulty in the thing itself; but these people, by keeping up a dispute about the boundaries of North and South Carolina, evade paying quit-rents for their lands, &c. ; and so long as they can enjoy the protection of Government without contributing their quotas towards the expenses of it, they will be keeping up the dispute about boundaries. This they have hitherto done in such manner as to defeat the good intentions of all the Orders and Instructions from time to time given for terminating these disputes and ascertaining the Boundary, which, in his Majesty^s Instructions, is directed to be done by rnnniug a line thirty miles to the southward of Cape Fear River, parallel to, and observing the course of. that River to its head, for the Boundary on that side ; and though this order is not only too explicit to be mistaken, but hath been put in execution, or at least is said to have been so, the good intention of it nevertheless continues to be evaded."^ A part of the line on the north-east and north, constitutes that portion of the present boundaries of Marl- borough and Chesterfield Districts, once embraced in Craven County. The tradition has been handed down, that the Commissioners appointed to make the survey, besides being ignorant of or inattentive to the difference between a statute and a geographical mile, were not at all times in a fit condition for the work, and that they took advantage of each other in behalf of their respective States, as oppor- tunity offered, or over-excitement, on one side or the other, in the course of their gleeful expedition, happened to pre- vail. The truth of the matter, as those who have had Occasion in later times, in surveying lands, to follow the track which the Commissioners pursued, agree in stating, appears to be this, — that its irregular, zigzag course indi- cates either gross carelessness in all the parties concerned, or, that the work w^as begun and ended in a common frolic, at the expense of both States. * 2 CarroU, pp. 17S-9. 40 HISTORY OF THE OLD CHERAWS. But thus it happened, that the dispute which took its rise prior to the year 1732, was not adjusted in all its de- tails until near a century after ; the Act for ratifying and confirming the joint work of the Convention of Commis- sionerSj appointed for the estahlishment of the dividing line between the tAVO States, not having been passed by the Legislature of South Carolina until the year 1815. In addition to the causes alluded to by Governor Glen, and which were doubtless operative in protracting the contro- versy j it is to be remarked, that there is a feeling of State pride likely to be excited by the continuance of such dis- putes, a feeling often as influential with States as with individuals. There are also peculiar difficulties in the way of adjusting such disputes, growing out of the extensive and somewhat unwieldy organization of States, and of the necessary agency of intermediate and often irresponsible parties. Acting, too, at long intervals, it happens that errors, which might at first have been readily exposed, become deeply rooted with the lapse of time, and matters, trivial in themselves, are so magnified, that the controversies respect- ing them become in the end exceeding difficult of adjust- ment. It is to be hoped, that these States, originally but one Province, under the common name of " Carolina,^^ and bound together by many affecting associations as well as local ties, will never again have their good understanding and harmony disturbed by conflicting claims or border diffi- culties ; and with their last dispute buried along the line of the now established boundary, will remain one, and only one in every element of common peace and common pros- perity hereafter. Returning to the year 1734-, when the Act was passed for establishing the parish of Prince Frederick, we find in that, and also Prince George, Winyaw previously embrac- ing that part of Craven County to the northward, the parochial organizations within the bounds of which the first settlements were made in the upper parts of the Pedee. It is a pleasing task, in tracing the early history of any region, to contemplate the change from a state of unde- A^eloped resources in the hands of the wandering savage, to HISTOKY OF THE OLD CIIERAWS. 41 the first triumphs of civilization by a superior race, how- ever feeble and unpretending their efforts. This, for a time, will be our employment. Of the early settlements on the Pedee, extending through a period of more than thirty years, some account will be given. Through the aid of a few individuals, who having a taste for such inquiries, had gathered some information as to th(> history of families, and of valuable manuscript matter for- tunately discovered here and there, with the more impor- tant light thrown upon the early emigration to this part of the State by its public records, the author succeeded be- yond his most sanguine expectations at the first, in collect- ing material for his work. If nothing more shall be accomplished, it will serve at least to rescue for those who cannot fail to cherish it, much that would otherwise have passed into oblivion. 4'2 HISTORY OF THE OLD CHERAWS. CHAPTER III. Inducements held out to Settlers in the Province — Progress of Population — The Plan of Townships — Its effect in inducing Immigration — Location of Town- ship on the Pedee — Proceedings of the Council respecting it^Draft of Queensborough Township — The Welch Tract — Proceedings of Council on the subject — The Survey — Its Limits — Why enlarged — The Welch — » Other Settlers— The Welch Neck— The Welch Colony — Church Organiza- tion — Continued Immigration — Names of Settlers — Term of Welch Grant extended — Immigration direct from Wales — Bounties offered by Govern- ment — Names of Grantees — Difficulties encountered by the Welch — Petition for Reliefs Bounties continued — Notice of other early Settlers — Their Diffi- culties with the Welch— Exclusive Policy of the Welch — Accounts of diffe- rent Families— The Welch Settlement— Its Progress— Welch Traits. From the time of its first settlement^ it was esteemed a matter of the utmost importance for the safety and prospe- rity of the Province that its population should increase as rapidly as possible. To this end^ every inducement was held out to immigra- tion. The royal bounty was promised^ in various forms, to the poor and oppressed of other lands to make America their home. The unoccupied territory of the New World, fair and fertile, and teeming in boundless resources, was declared to be open to the over-burdened industry and fruitless enter- prise of the densely populated States of Europe. Thus encouraged, large accessions were made, at successive periods, to our infant settlements. From 1696 to 1730, although its population gradually increased, no large addition was made, at any one time, to the inhabitants of Carolina. About the latter year, a new scheme was adopted to promote the settlement of the province, which proved successful beyond the most sanguine expectations of Government. Governor Johnson was in- structed " to mark out eleven Townships, in square plots, on the sides of rivers, consisting each of twenty thousand acres, and to divide the land within them into shares of fifty acres for each man, woman, and child that should come HISTORY OF THE OLD CHERAWS. 43 over to occTipy and improve them. Each township was to form a Parish, and all the inhabitants were to have an equal right to the river. As soon as the Parish should increase to the number of a hundred families, they were to have the right to send two members of their own election to the Assembly, and to enjoy the same privileges as the Parislies already established. Each settler -was to pay four shillings a year for every hundred acres of land, excepting the first ten years, during which term they were to be rent free. Governor Johnson issued a warrant to St. John, Surveyor- General of the Province, empowering him to go and mark out these townships ; but he having demanded an exorbitant sum of money for his trouble, the members of the Council agreed among themselves to do this piece of service for their country. Accordingly, eleven townships were marked out by them in the following situations : — Two on the River Alatamaha, two on Savanna, two on Santee, one on Pedee, one on Waccamaw, one on Wateree, and one on Black River.'^* The township on the Pedee was called Queensborough ; and to the time of its being marked out — 1731-32 — or a period but little subsequent,, is to be assigned the date of our first settlements. There was no delay in the execution of this work (of marking out the townships), which had been committed to the Governor hy his Majesty's Government, for building up its waste places, and the more speedy settle- ment of the Province. The first proceedings with reference to the laying out of the townships was in meeting of the Council on Friday, March 16th, 1731, in Charles-town ; his Excellency the Governor, the Hon. Lieutenant Governor, Messrs. Arthur Middleton, Robert Wright, Thomas Waring, John Fenwick, and William Bull, being present. It was resolved, " That the Hon. Mr. Chief Justice Wright and Alexander Skeeue, Esq., do mark out three Townships, pursuant to his Majesty's instructions for that piu'pose, a copy of which is to be given them, with this resolution — one upon Black River, one upon Pedee River, and the other upon Waccamaw River — that * 1 Carroll : " Hewitt's History," p. 196. 44 HISTORY or THE OLD CHERAWS. they return Plots of the same to this Board, and that they be allowed £500 currency for each Township out of the Public Treasury for marking out the same/^^ Other per- sons were also appointed on this occasion to mark out townships on other rivers, according to instructions. In the following year — viz., March 1732 — the township on the Waccamaw appears to have been laid out, and called Kings- ton. " We are assured,^' said the Council, in reply to a message on the subject from the lower House, " that at the time of marking the said Township, there were no set- tlements made within the same, except one, then begun by Jennour, who claimed 700 acres, but by what title we could not learn, he then being in North Carolina ; nor were there any other claims made to any lands within the Township, that we could hear of, save only by Mr. William Watties, of 500 acres, at a place called Pond Bluff, but not then settled/^t On the 2nd of June, of the same year, the Commissioners made fullteturns of the plans of the towns and townships, which they had marked out, pursuant to a resolution in Council, of the 20th of March previous, on Waccamaw, Pedee, and Black Rivers, and were ordered to be paid ac- cordingly. From the annexed plot or draft, Queensborough Township appears to have been laid out on the Great Pedee, but a short distance above the mouth of Little Pedee River, embracing a part of what has since been knoAvn as Britton Neck (a narrow strip of land between the two rivers), and extending also on the west side of the Pedee. But for this Plot, most unexpectedly found,J the exact location of the Township of Queensborough could not have been deter- mined. It was probably a part of the return made by the Commissioners, or may have been the " Draft of the Rivers,'^ accompanying the letter of Colonel Pawley, to Council, of * " Council Journal," No. 5. t " Council Journal," No. 5, p. 202. J It was discovered by mere accident by the author, on a loose piece of paper, on turning over the leaves of what appeared to be the oldest record - book in the Secretary of State's office, Columbia, and which was being examined as a curious relic of the past. Its contents related to other matters of anterior date. HISTORY OF THE OLD CHERAWS. 45 June 7 th, 1739, iu couucxion with the dividing line between Prince George and Prince Frederick's^ which has already been given. No settlements appear to have been made up to this time within the limits of Quecnsborough Townsliip. To encourage such settlements, generally, further action was taken by Council. On the 14-th of February, 1734-, it was ordered, "That the several persons who have laid out the several Town-ships, do prepare a rough draft, or plan of a Town, to be layed out iu each Town-ship, containing about 800 acres, out of which a common of 300 acres, to be laid out in the back part, and the remaining 500 acres to be lay*^ out in half-acre lots, to be at a convenient distance from the river, which rough Draft or Plan, is to be lay*^ before this Board for their con- sideration.""^ In accordance with these instructions, the draft or plan of a town in Quecnsborough Townshipf was made, as ap- pears from a notice in the Gazette, as late as June 3rd- lOth, 1751, advertising Lot No. 64, in Quecnsborough Town. There is, however, no evidence remaining to show that the town, as such, was ever settled. Its location appears to have been on the w-est bank of the river. The inducements held out in connexion with the townships appear to have led to a visit of some of the Welch from Pennsylvania for the purpose of exploration and settlement, and to the re- moval, very shortly after, of the colony, which was destined to form so important an element in the history and progress of the region of the Upper Pedee. The emigration from * " Council Journal," No. 6, pp. 41, 42. f The Form of a Grunt for Lots in the Townships, was as follows : — So. Carolina. By his Excellency, Esq., Governor, Captain-General and Commander in Chief, in and over the Province of So. Carolina. To , Esq., Surveyor- General. You are forthwith required to admeasure and lay out unto , a lot in the town, as also acres in the Township of Queenshorough, on the IVdee River, in Craven County, observing to lay the same out agreeable to the Plan or Jlodel thereof. Given under my hand and seal, the day of , Anno Domini (Council Journal, No. 5, p. 257.) 46 HISTORY OF THE OLD CHERAWS. Wales to Pennsylvania^ from wliicli this to Pedee proceeded, " had its beginning/^ we are told, in the following manner. "In the spring of 1701, several Baptists in the counties of Pembroke and Cairmartheu, resolved to go to America ; and as one of the company, Thomas Griffith, was a minister, they were advised to be constituted a Church. They took the advice, and the instrument of their confederation was in being in 1770, but is now lost or mislaid. The names of the confederates were as follows ; viz., Thomas Griffith, Griffith Nicholas, Evan Edmond, John Edward, Elisha Thomas, Enoch INIorgan, Richard David, James David, Elizabeth Griffith, Lewis Edmond, Mary John, Mary Thomas, Elizabeth Griffith, Tennet David, Margaret Mat- thias, Tennet Morris. These sixteen persons, which may be styled a Church emigrant, met at Milford Haven, in the month of June, 1701, embarked on board the good ship William and Mary ; and on the 8th of September following, landed at Philadelphia. The brethren there treated them courteously, and advised them to settle about Pennepec ; thither they went, and there continued about a year and a half, during which time their Church increased from sixteen to thirty- seven. But, finding it inconvenient to tarry about Pennepec, they, in 1703, took up land in Newcastle County, from Messrs. Evans, Davis, and Willis, who had purchased said Welch tract from William Penn, containing upwards of 30,000 acres, and thither removed the same year, and built a little meeting-house on the spot where the present stands. This house was a neat brick building, forty feet by thirty. The Welch tract was first in the province of Pennsyl- vania, afterwards, upon the change of boundaries, in the State of Delaware. This will account for the fact, that the Welch were sometimes spoken of as being come from Penn- sylvania, at other times from Delaware."^ Some of those who were members of the colony on Pedee must have followed the first emigration from Wales to Pennsylvania, as their names do not appear in the foregoing list. Benedict's " History of the Baptists," p. 4. HISTORY OF THE OLD CHERAWS. 47 The first visit of the Welch to Pcdce appears to have been made in the latter part of 1735, or early in the follow- ing year. It led to a remarkable act of favour on the part of the Conncil, to induce the colony to come. Wishing, on their arrival, to settle in a body, and be possessed of ample and exclusive privileges as to the occupancy of the soil, they petitioned the Government that an extensive tract of land might be appropriated to their sole benefit for a certain period. This appears from a message of the Lieutenant- Governor to the Lower House of Assembly, 2nd February, 1737, in which he said: — "The late Lieutenant-Governor, with the advice of his Majesty's Council, thought it would greatly tend to the service and strengthening of this Province, to grant the petition of several natives of the Principality of Wales, in behalf of themselves and others of their countrymen, who intended to settle in this Province from Great Britain and Pennsylvania, praying the lands near the Forks above the Township on Pedee River might be reserved and set apart for their use, and Mr. John Ould- field, being thought a very proper person, was employed for that service.""^ The petition here referred to bore date August 13th, 1736; and having been favourably received by the Council, iiis Majesty's Surveyor-General, James H. St. John, Esq., was instructed to have the said tract laid out. Accordingly, he directed a precept to John Ouldfield, bearing date Nov. 16th, 1736, " to admeasure and lay out, for the Welch families that were to be imported to this Province a tract of land, containing in the whole one hundred and seventy-three thousand eight hundred and forty acres, situated and being in Craven County. Ten thousand acres, being part thereof, lying within the limits of the Township of Queen sborough, on the north side of Pedee River, the remainder of said tract lying on the south side of said river, and butting and bound- ing to the south-east on the reserved lands of the said Town- ship of Queen sborough, and all other sides on vacant lands as are supposed.'' The survey was made, and a plot thereof returned 29th * " Council Journal," No. 5, pp. 51, 52. 48 HISTORY OF THE OLD CHERAWS. Nov. 1736, of Tvhich a copy is annexed."^ With reference to this plot, the Lieutenant-Governor sent a message, 2nd February, 1737, to the Lower House, saying: — "I send it for your satisfaction and perusal, also his (Ouldfiekrs) ace* which I think so very reasonable, hope you^ make provision to pay the same, as the sinking fund is so far short of answer- ing the engagements already entered into."t The House replied the next day as follows : — " In answer to your Honour's message just now received, with the ac- count of Mr. John Ouldficld, for surveying the Welch Tract of land on Pedee River, we beg leave to inform your Honour, that we have perused the said account, and we are very much concerned to find, as the ace* is so very moderate and reasonable, that there should not be money sufficient in the Town- ship Fund to discharge it. But we hope your Honour will concm* with us in opinion, that it is by no means necessary, nor would be justifiable in us to Tax our Constituents to pay any such expence, especially as it may be so much more justly and reasonably done by the duty on Negroes, should it be thought proper by your Hon"", in conjunction with the two Houses of Assembly, to revise and continue that Duty, without which we cannot foresee any method by which this ace*, or any other of the same sort, can, with justice to the People of this Pro- vince, be provided for. " By order of the House, "Charles Pinckney, Speaker.J " Feb. 3, 1737-8." The tract thus surveyed, and extending up the river but a short distance above Mars Bluff", seems not to have been adapted to the wants of the Welch, or to have been a com- pliance by Council with their petition of the August previous, as was intended. They consequently petitioned again for such an extension of the tract as would answer all their purposes, and enable them to select their lands to advan- * The original Plot was found, in a good state of preservation, among the old ^"ownship Plots, in the Office of the Secretary of State, Charleston. t " Council Journal," No. 7, pp. 51, 52. + Ibid. A PLOT OF TIIK WEIXJI GRANT, CONTAINING 173,840 ACRES. Sra/r of Oritjmal Plot SS Chaifi.s perlruh . Scah' of Copy (tf Plot 320 Chat ii.\- per Inch . By \irtiLe ofFrecept to Trie directrd. ly JamesR.John.i.Kiif' RisMajesb/s Surveyor Ceneraljietirintf date ihc Sixteenth of Nwemha]1736. 1 have, admeasured and laid out fhrthz Wdch,thmi}yxihat are to be Bnported^ todasFroi'ince.a TraetofLaiid contauting mihe whole OneJBiandred an/t Seventy tkree^-z) Tkousaitd.KqhtHuiidred and lorb,- Airs, sihuifed and heing in Craven Comity. Jen Thausti/id Arrs, heuig part ihereof Lyinij wlthirr ih,' IvnHs of the Ihwo.slup of Qiweiiboroiujh on t/ieNortfi side of Fed. e Kner.theBemawder ofSoid Tnirl hiiuf on both sides of said River. Biitiinei S- lioiwding to the Soiidi East on the Reserved Lands of the said Townshij^ of (Jueenshurmujh ,and all otJur siiles on. vacantLands as is supposed,> }} 4, Griffith John 100 }) September 1, William James 400 }) » }> John Newberry 350 }} . ' }) 2, Henry Oldacre 50 )) )> 4, Hasker Newberry 300 )} }) 5. Evan Harry 100 >> }} 30, William Eynon 500 jj August 23, James Roger 50 }> }} 26, David James 400 }} 27, Thomas Evans 400 >} }} )) Daniel Dousnal 200 >} )} ,, John Jones 250 )} 28, Sam\ Sarance 100 }> 29, Richard Barrow 150 » » }) Evan Vaughn 350 >} » 30, Abel James 300 }> }> 31, William Tarell 200 }} }> Thomas Walley 50 }> May 18, 1740. Philip James 250 }) „ 21, Sampson Thomas 400 }} }} 23, Jacob Buckles 250 )} }) 24, Peter Kishley 400 )} June 2 John Evans 200 >} February i John Newberry 100 }} November 22, 1741. Wm. Tarell 100 }} December 9. Thos. Evans 250 )) }) 10, » )} 75 14, Abel Evans 100 }) » 11. John Evans 100 }} ,, }} Mary Evans 300 }} 13, John Jones 100 }> }} 1, Jeremiah Rowell 150 }} }> 16, HISTORY OF THE OLD CHERAWS. 57 Queensboroiigh Township- James Rowland 150 acres . Evan Vaughn John Westfield Thomas EUeby Simon Parsons John Carter Wm. Evans Job Edwards Daniel James John Jones David Harry Philip James Philip Douglas William Carey Mary Evans David Malahan Thomas Moses William Jones Nicholas Rogers Thomas Evans }■> )} William James 100 300 250 100 100 50 200 350 500 125 100 300 300 200 150 220 400 350 100 125 200 -{continued). December 14, 1741. 17, „ 18, „ 22, „ 23, „ 28, „ 24, 1742. January 23, 27, 29, 31, 1, 1743 4, 5, >} 6, 15, 28, 29, " Upon perusing and considering the Memorial of George Hunter, Esq., Surveyor- General, relating to several Plots of land returned into and now lying in the Office of the said Surveyor-General, and which have remained in the said Office for many years, without any applications from the Persons in whose names the same are run, to have them taken out of the said Office, whereby other Persons are pre- vented from taking up the said Lands, and becoming Tenants to his Majesty for the same: It is Ordered that the said List be published in the Gazette, to the intent that the several Persons interested in or claiming the same may apply for, and take out the said Plots, on or before the 1st day of January next ; and in case of their neglecting so to do, their failure therein will be taken as a Disclaimer of their Rights to the said Lands ; and the same Lauds may and shall be 58 HISTORY OF THE OLD CHERAWS. granted to any other persons ^^ho shall duly apply for the same. A true copy. "Alexander Gokdon, C.C' The neglect of most or all of those mentioned in the foregoing list to take out their j^lots, &cc., may doubtless be owing to the fact that they were too poor to do so, or. that the lands first granted were in the lower part of the Welch Tract, and taken out before its extension ; and having de- termined to go higher up the river, some of them may have abandoned their claims below, where their places were soon taken by others. In common with other settlers, the Welch had many dif- ficulties to contend against. The means of most of them were, no doubt, exhausted by the expense of the removal to Pedee. After their arrival, the distance from Charles-town, the seat of Government, where all public business had to be transacted, perplexed them no little. The following extracts from the Council Journals will sliow the mode of proceeding with reference to land, and the sore extremities to which these poor settlers were often driven. " In Council Chamber, Jan. 2G, 1742-43. Read the Petition of part of the Inhabitants of the Welch Tract, as also the Petition of Sam^ Sorrency, as follows, viz. : To the Hon. Wm. Bull, Lieu^-Gov"" and Commander-in-Chief of his Majesty's Province of S. C, and to the rest of the Hon^ Members of his Majesty's Council. " The Petition of Samuel Sorrency Humbly sheweth. That your Petitioner at his first arrival in this Province obtained a Warrant for 100 acres of land, to be laid out in the Welch Tract, whereon I now live, — That your Peti- tioner hath since two children come from Pennsylvania to this place, which I have made oath of before Wm. James, Esq., who informs me that it will not do without my proving my right in the Council Chamber ; but as I am but low in the world, and live at so great a distance from Charles-town, and not having a horse to ride nor money to bear my ex- penses, and the Bearer, Thomas Bowen, can prove, if need be, that I have such children — Your Petitioner therefore humbly prays your Honours to take my case into considera- niSTOKY OF THE OLD CIIERAWS. 59 tion, and grant mc a warrant for 100 acres of his INIajesty's land, to be laid out in the Welch Tract, and your Petitioner, as in duty bound, &c. " The above and Samuel James swore to his family right before Wm. James, Esq., one of his Majesty^s Justices assigned to keep the Peace in Craven County aforesaid. The Prayer of said Petition was granted, and it was ordered, that Mr. Secretary Hammerton do prepare a wan'aut ac- cordingly. " Read also the Petition of Daniel M'Daniel, for a war- rant of 100 acres, for himself and wife, to be laid out in the Welch Tract, which was granted " Read also the Petition of several other Inhabitants of the Welch Tract, as folloAvs : — '' The Petition of part of the Inhabitants of the Welch Tract humbly sheweth : That we have left Pennsylvania and have transported ourselves to this ProAdnce by the encou- ragement given to settle this aforesaid Tract of land ; but as some of us had our lands run out, and the Plots put into the Siu'veyor-GeneraPs office 4 years ago, and as we are so poor that we cannot get money to pay the charge of sur- veying and granting it, has discouraged many from coming over; and we are afraid the discouragement being so great, we not being sure of our grants, by reason of our poverty, that some that have come over will return from us again. So we, your Humble Petitioners, hope your Hon"^ and Hon'^ will take it into your serious consideration, what satisfaction it is to every man to have his titles to land secure, and will fulfill the encouragement given us that we should have our lands granted us free fi'om all charge of surveying and grant- ing ; and, as we are in duty bound, we shall ever pray, &c. "Philip James Abel James Peter Roblyn Jeremiah Rowell Tho** Evans Creen Vaughn Philip Douglass John Evans Nicholas Rogers Daniel Devonald John Evans Simon Parson DaAT.d Harry John Carter David Lewis Tho' Evans W" Kirby . Sam^ Sorrency Tho* Moses Griffith John W" Terrell Mary Evans Dan' Honehorn John Jones Jobe Edwards Walter Downe Abel Evans Nathan' Evans David James W™ James. 60 HISTORY OF THE OLD CHERAWS. " Wliereupon, it having been represented to liis lion'' the Lieu*-Gov'" in Council, that several families of Welch that had intended to become settlers in the whole Tract on Pedee River, in this Province, have, as it was apprehended, been prevented from coming into this Province from the dangers arising from the present war with Spain, and that by the advices received from Pennsylvania, several of the said Welch families were expected to arrive here the next year ; but as the time for reserving the Welch Tract would expire in the month of August next, it was prayed that the said Term might be further enlarged — the same was considered, and it was ordered by his Hon'" the Lieu^-Gov'", by the ad- vice of his Majesty^s Council, that the said Term be enlarged two years from the expiration of the said present Term ; of which all persons concerned are to take notice. " And upon reading and considering the Petition of Philip James, Abel James, Tho^ Evans, and others, settlers in the whole Tract, praying that the charge of surveying and granting their lands might be all defrayed to them ; it was the opinion of the Board, upon considering the Prayer of the Petition, as it appeared to the Board that they had desired the lands only to be reserved for a Term to them, which was accordingly done, and which Term had been fur- ther enlarged for their benefit, bvit was not to have their survey of land carried through the offices at the publick expense, that being only for such W^elch as should come from the Principality of Wales — that, as this Prayer of the Petitioners is what they had not before asked, nor had any reason to expect from this Government, it could not be re- gularly granted; but, for a further encouragement of the Settlers of the said Tract, it was the opinion of the Board, and so ordered, that for the first twenty barrels of good and merchantable white flour, of 200 lbs. weight neat each, which shall be made in the said Tract, and brought to the markets in Charles-town, there shall be paid to the makers thereof, upon proof of its being bona fide the produce of the said Tract, a bounty of 5 pounds currency for each barrel. Ordered, that the Clerk of this Board give a copy of the above minute to the Petitioners and the same to the Commissary/^* * " Council Journal," No. 8, pp. 455-458. There was then a great demand HISTORY OF THE OLD CHERAWS. 61 The exclusive privileges of the Welch in the large tract appropriated to them, led, in some instances, to difficulties either with those who came before them, thus acquiring the right of prior occupancy of the soil, though not having secured a legal title, or with others, who afterwards were allowed to settle among them, but subsequently objected to as neighbours by the Welch. The latter were doubtless clannish in their feelings, and unwilling to encourage strangers to come among them. Of the first class men- tioned, was Francis Young, one of the earliest settlers within the limits of the upper portion of the Welch Tract of whom any record remains. He is supposed to have emigrated from Ireland. In the Council Journal, 9th No- vember, 1743, is this entry : " Francis Young petitioned for 150 acres of land in the Welch Tract on the south side of the river, bounding between John Thomases line and one Vaughn's land ; and the Petitioner at the same time pro- duced a certificate of his having lived there before the settlement of the Welch, signed by two Justices of the Peace, in that place. He appeared in person, and his peti- tion was granted." Another settler, about the same time, the first of a name which has since been well known on the Pedee, was James Galespy. He made a similar application, but was not so fortunate, for a time, at least, as to the result. On the same day, 9th November, 1743, " was read the Petition of James Galespy, shewing that the Petitioner, having six persons in family, for whom, as yet, he has not had any lands assigned him, humbly prays that a warrant of survey for 300 acres be granted him in the Welch Tract. But, not appearing to swear to his family right, his petition was ordered to lie on the table."" for flour, and it doubtless commanded high prices. Of other articles, the following table of prices appeared in the Gazettes of the day. Charlestown, November 1, 1739. ■ Charlestown, July 16, 1741. Rice 32.?. to 33*. per cwt. Rice 3/. percwt.; Skins, 16*. GcZ. per lb. Pitch, 40s. ; Turpentine, 20*. Pitch, 55.«. per barrel. Tar, 30s. ; Skins, 18a'. to 19s. Tar, 45s. ; Indian corn, 30s. per bushel. Indian corn, 7s. Qd. to lOs. per bushel. Turpentine, 22s. Qd. Indian peas, 30s. per bushel. 62 HISTORY OF THE OLD CHEBAWS. At the same time, Henry Roach made a similar application for 100 acres of land in the Welch Tract; but not appearing to be a Welchman, or of Welch extract, the consideration of his case was postponed. James Galespy came from the North of Ireland. He was a Dian of energy and enterprise. In connexion with General Christopher Gadsden, of Charles- town, he was engaged in boating on the Pedee many years before the Revolution, and is believed to have been the first person who ever brought a boat to Cheraw. The difficulty with the Welch doubtless led to his removal higher up the river, to the neighbourhood of the present town of Cheraw. He settled on the west side of the river, a short distance below the town, and entered on a successful career as a trader. He married a daughter of Francis Young. James Galespy died before the Revolution. He left two sons to inherit his name,'^ and two daughters. The Welch did not extend their settlements much, if any, above the mouth of Crooked Creek, or the upper limits of the Welch Neck. Of those who were induced to enter upon the Welch Tract was Thomas Elerby, the first of that name who emigrated to the Pedce. He came soon after the first of the Welch, as appears from the following record of Council :i—" July 5th, 1742. Read the Petition of Thomas Elerby, setting forth that he and his family, con- sisting of eleven persons, came from Virginia about five years past, and settled and cleared land near Pedee river, and obtained a warrant for his family right ; but happened to be within the limits of the Welch Tract, and at a conve- nient place to fix a water-mill. When the Welch inhabi- * The name was soon after changed to its present speUing, Gillespie. The sons of James Galespy were Francis and James. The former died before the Revolution. James was born in 1754, and was therefore of age when that stormy period commenced. He took an active part on the Pedee throughout the struggle, and was prominently connected with St. David's Parish. He settled on the east side of the river, on lands now owned by his son, General James Gillespie, of Marlborough. He married a Miss Wild, aunt of the late Judge Samuel Wild, of Darlington. The fruits of this marriage were Francis, Samuel, and James, and two daughters — Sarah and Mary. James Galespy, senior, had also two daughters. Of these, one married John Wtrstfield, one of the early emigrants from Virginia to Pedee. He lived on the west side of the river above Cheraw. John Westfield, with his wife, subsequently returned to Virginia and died there. Westfield Creek, in Chesterfield District, took its name from him. Obedience, the other daughter, married Thomas Elerby, from whom a numerous progeny sprung. f " Council Journal," No. 8, p. 97. HISTORY OF THE OLD CIIERAWS. 63 tants came to settle, above four years past, one Daniel James persuaded the Petitioner to remove peaeeably from that place by tlie run of water, and gaA'e the Petitioner and his family liberty to settle and cultivate any other vacant land which he should find within the limits of the Welch Ti'act; and did also himself get a special warrant for 250 acres of land, Avhich is run out for the Petitioner and returned : whereupon he begs for a grant for the same, having lived ever since thereon, and now wants more land in the same, or adjoining thereto, to cultivate and settle, his family being increased to 20 and 2 persons, he having six persons lately purchased or born, for which, as yet, he has had no warrant. He therefore prays for a warrant of sun'^ey for laying out 300 acres of vacant land, and a special Avarrant of survey for running out 550 acres of vacant land more, within the limits of the said Welch Ti-act, in the lieu of his common warrant. Resolved : that the consideration of the said Petition be deferred until the Petitioner appear personally before the Board.-" Mr. Elerby was doubtless successful in the end, as he remained in that neighborhood and became the owner of extensive landed possessions, a large portion of which has remained in the family to the present day.^ John Elerby, a brother of Thomas, came Avith him to Pedee, and settled on the east side of the river. He either returned to Virginia or removed elsewhere at an early period. Thomas Elerby brought a good property with him, and was probably the first slaveholder on the Upper Pedee. Some years prior to the Revolution he had a large number — at least for that day. This family emigrated from England to Virginia. The name is still known in England, and is spelt as it appears in our early records. Not long afterwards, however, as was often the case, it was changed to its present form, Ellerbe.f Thomas Elerby, * The mill site referred to in the petition of Tbos. Elerby, was doubtless that on Juniper Creek, of which some signs yet remain near the road leading from Cheraw to Society Hill. A grist and saw niill^ at all events, were there, and in successful operation some time before the Revolution. t This change, it is said, took place soon after Thos. Elerby's death, while bis two sons were yet young, and was made by their teacher, the name not having yet become familiar. 64 HISTORY OF THE OLD CHERAWS. who married, as already stated, Obedience Gillespie, had two sons, Thomas and William, from whom the extensive family connexion on the Pedee have descended.* Of the Evans,* who were among the Welch settlers, a branch of the family went first, or soon after their arrival removed, to what is now Marion District. From Thomas and Samuel Evans, who were members of the Welch colony, the extensive con- nexion in Darlington and Chesterfield Districts descended. With the main body of the Welch, or soon after came John Brown. He was born near Burlington, New Jersey, and brought up at Frankfort, in the neighbourhood of Phila- delphia. Mr, Brown was ordained May 7th, 1750, and succeeded the Rev. Philip James in the charge of the Welch Neck Church, but did not continue long in that position. After this he continued to preach the gospel in diiferent places until his death. It is supposed that he was its founder, and gave name to the old Brownsville community, twenty miles lower down on the east side of the river. About the years 1738-39, Robert Williams, then a young man, emigrated to Pedee. He was born at Northamj)ton, North Carolina, in 1717. Mr. Williams settled on the west side of the river, opposite the lower part of the Welch Neck, and became, eventually, the owner of a large landed * The widow of Thomas Elerby married Charles Bedingfield (called Benny- field by the old people), a man of some note, but of unprincipled character. Wliile his stepsons, William and Thomas Ellerbe, were yet young, he ran off with all the moveable property to Georgia, the West of that period, leaving tliem only the landed estate of their father with which to make their way in the world. This was before the Revolution, and the name of Bedingfield was not known in this region afterwards. The children of William Elerby were — Esther, who married Erasmus Powe ; William F., who married Miss Ann Robinson (this lady subsequently married Clement Prince) ; Elizabeth, who married Joseph Ellerbe ; Martha E., who married Thomas Powe ; Zachariah, who married Obedience Ellerbe ; and Thomas F., who married Rebecca Ellerbe. The children of Thomas Ellerbe were — William E., who married a Miss Crawford ; James, who also married a Miss Crawford ; Thomas, who married Miss Leslie Prince ; Jane, who married George Strother ; Josepli, who married Elizabeth Ellerbe; Mary, who married Alexander McQueen; Rebecca, who married John M'Farland; and John Ellerbe, who married Martha Powe, and afterwards Mary, her sister. Of these large families there is now not one survivor. William and Thomas Ellerbe were prominently connected with St. David's Parish, and worthy Whigs in the Revolution. HISTORY OF THE OLD CllEUAWS. 65 estate in tliis iieiglibourliood, most of which has remained in the family since. In 1752, he was ordained at the Welch Neck, and be- came the pastor of that Church, retaining the position, however, but a short time afterwards, llobert Williams had two children — a daughter, who married Arthur Hart, and afterwards, JNloses ]\Iurfee ; and a son, David Wil- liams. The latter was born on Pcdee, February 1st, 1739, received his education in Charles-town, and after a brief but amiable and useful career, died January 1st, 1776.* He married a sister of Arthur Hart, and the fruits of this marriage were two children — a daughter, Mary Ann,t and a son, David Rogerson, who subsequently became distin- guished as a member of Congress from the Pedee district, and Governor of South Carolina. Robert Williams died April 8tli, 1788, and had the fol- lowing character given him : " He was kind to the poor, and remarkably so to the afflicted ; a man of excellent natural parts, and a minister who preached the gospel to the edification and comfort of souls.'^J Another name which appears among the grantees of land in the Welch Neck, in 1743, was Nicholas Rogers. He was one of the Welch settlers, and died in 1759. He left a son, Benjamin,§ the father of the late Colonel Ben- jamin Rogers, of Marlborough. * Tlie Kev. Evan Pugli officiated on the occasion of David Williams' funeral, preaching from John xi. 11, 12. t Mary Ann, daughter of David Williams, was born April 16th, 1772, and married John M'Tver. The fruits of this marriage were four sons— John E., Alexander, David Rogerson Williams, and Thomas ; and one daughter, Eliza, who married John Davis. IMrs. M'lver died November 18th, 1834, having long survived her husband. David Rogerson was born March 8th, 1776 ; and married, first, a Miss Powers, of Providence, Rhode Island, by whom he had one child, the late Col. John X. Williams, of Society Hill, a man of uncommon purity and excellence of character. His second wife was Elizabeth Witherspoon, who survived him many years. She was a lady of remarkable traits, and universally .beloved. Cieneral Williams, as he was afterwards known, was possessed of superior talents and extraordinary energy of character. After an active and useful life, both as a private citizen and public man, he came to his end November l7th, 1830, by the falling in of a bridge which he had had erected over Lynche's Creek, on the George-town road. X From a funeral discourse by Mr. Pugh, who jierformed the last rites for the father as lie had done for the son. § Buiijanun Rogers lived on tiie hill below Juniper, on what has since been QS HISTORY OF THE OLD CHERAWS. Allusion has been made to the course pursued by the Welch, with reference to others coming in among them. The feeling was a natural one, and under the circumstances, in such a chaotic state of society, when people of different nations, and many of them doubtless of bad character, were flocking in as squatters and traders, not to be con- demned. The subsequent history of their colony, strongly and peculiarly marked as it was in all the elements of substantial growth and virtuous progress, will be found to have fully justified their exclusive policy. They planted themselves, in most instances, immediately on the river, and made locations of lands in small parcels. The country being in a wilderness state, their position isolated, and their means limited, they selected such quan- tities of land as suited their present necessities, influenced also, to some extent, by the consideration of compactness, which gratified their social propensities, and enabled them besides to concentrate against the sudden incursions of the Indians, by whom they were surrounded. Here, on a virgin soil, they peacefully pursued their agricultural employ- ments, being richly rewarded for the common toils and hardships endured. In their new and yet wilderness home, drawn together more closely than by the common ties of friendship and of blood, surrounded by common dangers, against which they vigilantly guarded, with common wants and necessities suf- ficiently supplied, and meeting weekly around one conse- crated altar to worship the God of their fathers, a more perfect unity, or virtuous and manly life can scarcely be conceived. Such was the scene presented by this infant band of brothers in the early days of their history ; with no court the main road leading from Clieraw to Long Klnff. He was a man of much excellence, and highly esteemed — an ardent Wiiig, hut too old to take an active part in the Revolution. His name appears among the early records of St. David's parish. His son, the late Colonel Benjamin Rogers of Marlborough, was yet a mere youth in the Revolution ; hut yielding to the impulses of his nature, and contrary to the more prudent counsels of his father, drew his sword on more than one occasion in the cause of liberty. The sons of Col. Rogers are among the worthy and most respectable citizens of Marlborough and Darlington districts. I HISTORY OF THE OLD CHERAWS. 67 of justice in their midst to ■svliicli conflicting claims and angry disputes might he referred^ and no frowning gaol for the reception of the criminal. Nor were they needed. Few contentions, prohably, were known, and the voice of society, though newly formed in this southern home, was potent enough to silence the voice of the blasphemer and make the evil-minded man pause in his ways. Simplicity of character appears to have been one of the most marked traits of this jjeople — a virtue which has been transmitted, through succeeding times, to their descendants. They were open and sincere, making no profession of feel- ing which did not exist. For sobriety and moderation, also, with what was more essential as the foundation of all virtue, a deep religious feeling, they were distinguished. These virtues Avere strongly impressed upon the community they established, presenting in subsequent times a striking contrast to some other neighbourhoods on the Pedee, where dissipation and irre- ligion so much prevailed. The Welch brought with them to a new country those marked features for which their ancestors had been noted long before. The Welch are said to have been more jealous of their liberties than even the English, and far more irascible, though their jealousy soon abated. They were, from an early period, fond of car- rying back their pedigrees to the most remote antiquity, and some of their manuscripts they make to be coeval with the Incarnation.* But few relicst remain among the descendants of the early Welch settlers on the Pedee. Intermingled, as they subsequently became with other races, their national peculiarities, except in a few instances of striking constitutional descent, gradually disappeared. And of their names, as connected with the localities they inhabited, but a memorial is here and there left to tell of the first cultivators of the soil. * Guthrie, p. 39. f There is now, in the possession of a family descended from the Welch, and living in the neighbourhood of their first settlement, a Welch Bible, of the eililioii of 1G76, whirh is supposed to h:ive belonged to the leader of the colony, as it contains a record of the births, marri;iges, and deaths of the James family. f2 68 HISTORY OF THE OLD CHEEAWS. CHAPTER IV. Settlements lower down on the river — One of the first comers — His family — History of the colony in Britton's Neck — The families composing it — Their history — The church building — Its subsequent history — The settlement at Sandy Bluff — The locality — Their church building — Accounts of the mem- bers of this community and their descendants — Incidents connected with difterent individuals — Irish Protestants — Who they were — Irish-town — Its locality— Other settlers in this region — Then- history — Close of this period. About the time of the Welch emigration to Pedee, settle- ments were made lower down the river in what was after- ward Liberty Precinct, now Marion District. John God- hold was among the first who came to this region. He was an Englishman, and had been long a sailor in the British service. Though advanced in years at the time of liis arrival, such was his enterprising energy, that he suc- ceeded in accumulating what, for that day, was a large property. He settled in 1735 about a half mile below the site of the present village of Marion, being the first adventurer to that immediate locality. The most profitable business at that time was stock raising, Charles-town^ affording a good market for all the industrious settlers could carry thither. During the French and Indian wars, Mr. Godbold was plundered of almost all the personal property he had gathered. Of thirty negroes, twenty-two were taken from him and never recovered. A trunk of guineas, the fruits of many years' labour^ was rifled. He married, after his arrival on Pedee, Elizabeth M'Gur- ney, by whom he had three sons — John, James, and Thomas ; and two daughters — Elizabeth and Anne ; from whom the extensive connexion in Marion have descended. t * Many of the early settlers drove their stock as far as Philadelphia, -j- Of his sons, John, the eldest, married Priscilla Jones, and had three sons HISTORY OF THE OLD CHERAWS. 69 John Goclbold was a member of the Church of Enghand, and died in 1765, at the advanced age of more than one hundred years, in the faith of his fathers. About the time John Godbohl came to Pedee, two important settlemeats were made in tliat region. One of these was in Brittou's Neck, twenty miles below Mars Blufir,"^ and forty miles above George-town. It was composed of the families of Britton, Graves, Fladger, Davis, Tyler, Giles, and others. They came directly from England, as one colony; and being members of the Established Church, oup of their first acts was to erect a housef for the worship of God. Their minister, Dr. Robert Hunter, came with them, and is supposed to have died there. He was succeeded by the Rev. Mr. Allison. — Z ichariali, John, and Jesse. Of these, Zucliariah was a captain in the Revo- lution. James, the second son, married Mourning Elizabeth Baker, by whom he had six sons — John, James, Zachariah, Cade, Abram, and Thomas. Of these, John and Zachariah were lieutenants in the Revolution. Thomas, the youngest son, was the father of the late Hugh Godbold,* of Marion. Thomas, the third son, married Martha Herron, and had four sons — Stephen, David, Thomas, and Ely. Of these, Thomas was the father of Asa Godbold, of Marion, and Ely, who left a son bearing his name. * Mars Bluff took its name from an early settler, Maers (pronounced Mars). He lefl at an early period, and the name, except as marked by that locality, disappeared with him. t This building was of black cypress, with a brick foundation, and is still to be seen, or was a few years since, in a good state of preservation, on the road leading from Port's Ferry to Potatoe Ferry, on Little Pedee. About the year 1780, the congregation having been long without a minister, and doubtless very much broken up by the troublous times of the Revolution, united with the Methodists, and the building passed into the hands of the lattei-, by whom it has since beeu retained. Charles Wesley is said to have once preached in it. * To this gentleman, the late Hugh Godbold, the author was indebted for a large and valuable fund of information as to the early settlements on the Pedee and their subsequent history. To a memory of extraordinary tenacity (in genealogical details unequalled by any with which the author has ever met) was added a remarkable precision, and tender regard for truth, which gave his statements high authority, and made him always a witness of importance in coui'ts of justice. He had, from early life, great fondness for everything con- nected with the local history of the region of his nativity, and having had inter- course with many of the old people of the second generation of those who first came to the Pedee, he collected a large fund of interesting matter, none of which seems ever to have escaped him. A man of general intelligence and sterling traits of character, his real worth was appreciated by few of his con- temporaries. He died in 1859. Peace to his ashes. 70 HISTORY OF THE OLD CHERAWS. The name of one of these families subsequently became distinguished in the person of Colonel Hugh GileSj who took a prominent part in this region during the Revolution. He was the son of Robert Giles. The other settlement referred to was made at a point on the east bank of the river^ called Sandy Bluff/' two and a half miles above Mars Bluff. A few traces of it are yet to be seen at several points^ imme- diately on the high bank of the river. The families of Crawford, Saunders, INIurfee, Crosby, Keighly, Berry, and shortly after the Gibson^s, made up this community. Sandy Bluff extended up the river about three miles. With the fertile uplands running out for some distance, and a rich swamp on the opposite side, and supplied, too, with nume- rous springs of good water, this locality was in many respects admirably adapted to the wants of the infant colony. The chief drawback was its growing unhealthfulness, vmtil the long process was passed through, of clearing the lands and draining the contiguous bottoms. These settlers built their houses, as did the Welch above, immediately on the river, and in close proximity to each other, for the convenience of water, of social intercourse, and their mutual protection against the Indian. It was also more healthy than loca- tions further out from the river, as experience has proved. They were from England and Ireland, and having landed at Charles-town, found their way to George-town, and thence up the river, attracted by the bounties which the Govern- ment had offered. Like their neighbours in Britton's Neck, they erected a building for public worship, according to the rites of the Established Church. Faint traces of this early structure were to be seen a few years since. The bricks used for the foundation were brought up the river in boats (the settlers thus transporting themselves and their stores), and were of a most superior quality. The Rev. Wm. Turbeville came with this colony, and was their pastor. He was a well-educated man, and had a high reputation as a preacher. * The Wilmington and Manchester R. R. crosses immediately below this point. HISTORY OF THE OLD CHEKAWS. 71 Emiuent also for piety and dcvotiou to his Avork, lie retained tlie coufideucc aud affeetiou of the people in an ex- tensive region of the country, to the elose of a long life. One of the incidents related in connexion with him^ is sin- gularly illustrative of this feeling. Such Avas the general confidence in his piety and the efficacy of his prayers, that he was sent for from considerable distances, during the pressure of any general calamity, to make intercession to God in behalf of the people. On one occasion, about the year 1760, during the prevalence of a fearful drought,, there was a general meeting at Basses INIills to pray for rain. Mr. Turbeville was sent for. He answered the summons, and as tradition relates, before the sufferers had reached their homes, the heavens were opened and copious rains came down. Mr. Turbeville had no children. Several brothers came with him, of whom some descendants are now to be found in Marion. He lived at Sandy Bluff until after the year 1 800, then removed to the west side of the river, near JNIars Bluff, where he married a second time, and died about 1810, at the advanced age of one hundred and three years.* Of the settlers at Sandy Bluff, the Murfees, Saunders, Gibsons, and Crawfords accumulated the largest properties, and became most prominent. John Crawford, the first of that name, had three sons — James, John, and Hardy. James, the eldest of them, amassed a large fortune for that day, and maintained through life a high character for integrity. He was a captain in the Revolution, and a valiant soldier in the cause of liberty, f Of the Murfees J there were four brothers, Moses, Malachi, Maurice, and Michael. * Mr. Turbeville was a poor man through life. It is said that Wm. Allston, grandfather of Gov'. Allston, who lived at that time near the Warhees (a few miles below Mars Bluff) complained to Mr. T. on one occasion of his wearing such coarse garments. Mr. T. told him, he got but little for preaching, and could not afford to dress better. ■\Vhereupon, ilr. Allston gave him a black suit and silk gown, on condition that he was not to use them except in preaching, and on other public official occasions. t He was the grandfather of the late Chapman Crawford, of Marion. X Thus the name appears in the tirst records. It was afterwards changed to its present spelling, Murphy. i Z HISTORY OF THE OLD CHE RAWS. Of these, Malaclii"^ became the wealthiest. He is said to have given one hundred slaves to each of three sons. He died before the Revolution. Maurice had a son^, bearing his name, who was destined to occupy a prominent place in the subsequent history of the Pedee. Some notice of Michael Murfee appears in the records of Council: — ''At a Meeting, 13th Ap^, 1744, was read the Petition of Michael Murfee, an Inhabitant of the Welch Tract, shewing that about nine years ago^ before the settling of the Welch, he purchased part of a Warrant of one Howard, since dead, for 300 acres of land in the Welch Tract ; but the said W^ arrant for running out the same being afterwards lost or mislaid, never was returned into the Office ; notwithstanding which, he built a house on the same, settled there, and made other considerable improvements, and cleared above 400 acres thereof, and is well liked as a neighbour by all the Welch Famylies there. That the Petitioner, having since a considerable increase of fourteen persons in his family, for whom he has not as yet obtained any land, nor hath he any other land than as above said within the said Province, Prays a warrant of survey for seven hundred acres in a Tract or Tracts of vacant land, and then the said Tract of land whereupon the Petitioner is * His sons were James, Malachi, and Moses. James, the eldest, died young, leaving tliree daughters, — Hannah, who married Moses Saunders, of Darlington ; Catharine^ who married Nicholas Bedgegood, and afterwards J. B. Billingsby of Marlboro'; and Mary, who married Jordan Saunders. Malachi, the second son, married first a Miss Knight, by whom he had two sous, — and afterward, Mary Hicks. The fruits of this marriage were — Nathanael, Maurice, James, Elizabeth, and Sally. Elizabeth married a Rawls, and Sally married Wm. Johnson, of Sneedsboro, No. Ca. Malachi Murphy was a captain in the Revolution, and was killed at Bass's Mill. Moses, the third son, married a daughter of Robert Williams. Of the daughters of Malachi Murfee, sen., Elizabeth married Wm. Pegnes, of Chesterfield ; another married the Rev. Nicholas Bedgegood, one of the early pastors of the Welch Neck Church ; and Marcia married Claudius Pegn(is, of Marlborough. Malachi Murfee, sen., married the widow of George Saunders. She was a sister of Gideon Gibson. A female descendant, living a few years since in the neighbourhood of the original settlement, was the only representative left in that region, — such are the sad changes which time brings with it, causing the name of the most extensive family coimexion, in a few generations, to pass entirely away, leaving scarce the memory of their former existence behind them. HISTORY OF THE OLD CHERAWS. 73 settled as above^ or so mucli thereof as shall appear, upon a re-survey, to be vacant, to be part of the same, wliieh land is butting on or near Col. Pawley^s land, and to the west of John Brown^s. " The Petitioner appearing in person, and swearing to the allegations of his said Petition, It was ordered, that 500 acres of land only be granted him, and the Secretary was accordingly ordered to prepare a warrant for the same/' The statement in the foregoing petition indicates a rapid increase of slave property for that early period. John, George, and William Saunders appear to have been the first of that name. In a list of grants in the Surveyor- General's Office (as to which notice was given to the parties to apply for and take out their plots), appear the names of George Saunders for 300 acres. May 24th, 1735 ; and John Saunders for 200 acres, INIay 12, 1736. They came from England. John Saunders had two sons, George and Thomas. George^ was the father of Nathanael Saunders, who became a man of some note, and was the father of the late Moses and Jordan Saunders, of Darlington. The sons of Thomas Saunders removed at an early period to Tennessee. Of the Gibsons, Gideon and Jordan were brothers. The latter went to the West as a companion of Daniel Boone. Gideon Gibsonf came with his father from Virginia to Pedee. There is a public record of a grant to him for 550 acres of land as early as April, 1736. He settled at a place called Hickory Grove, five miles from Sandy BluflF, on a large and fertile body of land, long after noted as the most valuable in that region. * George Saunders came to an untimely end, in connexion with which a singular incident is related. He was engaged on a Sunday in cutting down a bee tree, a cypress, in the swamp on the opposite side of the river. As the cypress fell, the limb of an ash wag brolien otf, and being thrown with violence on the head of Saunders, killed him instantly. An ash afterwards came up at the head of his grave and grew to a large tree, being regarded by the people as a standing monument of the judgment sent upon him for the violation of the Lord's Day, which led to his end. It is but a few years since that the last vestige of this famous ash was to be seen. Near the spot are faint traces of the burial ground of the Sandy Bluff Settlement. f lie was the grand-uncle of the late Captain John Gibson, of Darlington. 71 HISTOEY OF THE OLD CHERAWS. He had three sons. Of these, Stephen* became wealthy, and removed to Georgia about the year 1800. Roger, another son, removed to the West before the Revolution. Gideon Gibson was a man of very marked character, of commanding influence, and prominently connected with the leading events of the region in which he lived. His death took place during the Revolution. Of the circumstances attending it some account will be given hereafter. The settlement at Sandy Bluff was broken up at an early period, though some traces of it are yet to be seen.f The following extract from the Council Journal of January 26th, 1737, is supposed to have related to a com- pany of settlers on the west side of the river : — " Read the Petition of several poor Irish Protestants, lately come in, setting forth that they had transported themselves and families into this Province, being induced thereto by the encouragement of having lands granted to them in Town-ships, w hich his Majesty has been graciously pleased to order to poor Protestants, importing themselves into this Province, and likewise the bounty of provisions, and there- fore j)raying warrants of survey for the lands on either side of the Town-ships on Pedee River, and provisions, &c., ac- cording to the number of their families, as has been usually given to other poor Protestants. Recommended the same to the Commons House of Assembly.^'' J The townships referred to here as being on the Pedee, were doubtless Queensborough and Kingston, the latter being on the Waccamaw. Who the petitioners were is not known. A notice of the first advertisement for the sale of lands in this region may throw some light on the locality of these poor Irish Protestants. This notice appeared in the Gazette of June 1, 1738, in these words : '"'To be sold. * The Hon. Thomas Butler King, formerly of Georgia, married a daughter of Stephen Gihson. t The author visited this interesting locality in company with the late Hugh Godbold, who took great pleasure in pointing out different points of interest. The visit \vas hurried and no careful examination made. A more thorough exploration, particularly about the site of the old church, would doubtless bring some interesting relics to light. Mr. Godbold had au antiquarian taste, and an appreciation of the past which is seldom met with. X " Council Journal," No. 7, p. 37. IIISTOEY OF THE OLD CIIERAWS. <0 a Tract of land, of 100 acres ; excellent good Land, fronting upon Pedce River, and back on Jeffrey's Creek ; also, one Tract of 500 acres, in Irish-town/'' Of the locality of Irish- town, we are left to conjectnrc. It was probably on Jeffrey^s Creek, and its inhabitants the Irish Protestants referred to. A few other names appear in the records of this region. As early as 1735, Walter and Ralijh Izard settled on the east side of the river, not far below Mars Bluff. They removed lower down a few years after. About the same time (1735), a family of Jamesons made a settlement at Little Bluff, in what is now Marion district. In that, or the subsequent year, land was granted to a Colonel Jameson. Nathan Evans* was a Welchman, and settled on Cat Fish. He either came from the Welch Neck above, soon after his arrival there, or was one of those who went first to the lower part of the Welch Tract, and remained there. Lands in the neighbourhood of Tart's Millf were granted to Nathan Evans. David Evans, a son of Nathan, was a captain in the Revolution, and a man of note. He died childless. About the same time, two families of James' and Lucas^ came down the river, and settled on Cat Fish. With the latter of these, the Crawfords and Evans' intermarried. Soon after, a family of Baker's came from Newbern, N.C., to Pedee. One of this name married a daughter of Nathan Evans. William Baker was prominent in the Revolution, and marked for his devotion to the cause of liberty. The first settlements on Little Pedee were made a few years later (about 1740) by emigrants from Virginia and North Carolina — a lower class of people, many of whom became noted for their opposition to the cause of their country during its subsequent history. The name of Buckholdt, known among the earliest set- * Xatlian Evans was the graiidfatlier of the late Thomas Evans, and Gene- ral Wm. Evans, of ilarion. The father of General Evans was also named Nathan, and was a man of upright character througli life. f Tart's Mill is about six miles above Marion, C.H. 76 HISTORY OF THE OLD CHERAWS. tiers, afterwards became prominent. Of this family were Abraham, Jacob, and Peter. They settled on Cat Fish and in Cashway Neck. Major Abraham Buckholdt attained some distinction. This family were from Prussia. They w^ere men of enterprise, but of a roving disposition, and left the Pedee at an early period.* Thus closed the history of the first settlements on the Pedee. They were made between the years 1734 and 1740, the Welch element greatly preponderating. The river afforded facilities for transportation, of which advantage was taken. Stock raising was the most profitable business, and laid the foundation of fortunes, which rapidly in- creased. The Indian gradually retreated; Providence favoured the white man with good seasons and a fertile soil ; and the tide of emigration thus begun, continued to flow in, until the troubles with the moth'er country, long gathering before the storm, at length burst upon the heads of a devoted people, put a temporary period to its pro- gress. * Soon after the Revolution the name disappeared. About that time Major Ruclviioldt removed to Georgia, and subsequently to Mississippi, from whence two of his grandsons found their way to Texas. They are the only representatives of the name surviving, and are now respectable citizens of Milam County, Texas — worthy descendants of a true Whig stock. The only local trace of the name left in So. Ca. is in that of a Creek (Buckholdt's), four miles below the village of Society Hill in Darlington district. HISTORY OF THE OLD CHERAWS. CHAPTER V. History of settlements continued — In neighbourhood of Welch Neck, above and below on the river — Petitions of settlers — Their families and descen- dants — Certificates of character given — Battle of Culloden followed by tran- sportation of rebels to America, and emigrations to Pedee — Valuable addi- tions from this source — Settlers from No. Ca. — Huguenot element coming in — Braddock's defeat (1V55) followed by emigrations from Pennsylvania and Virginia — Other settlers — Settlements on Lyche's Creek — Later addi- tions — Continued to opening years of Revolution, _ The history of the settlements on the Pedee has been brought down through what may be termed its first period^ viz., from 173J< to 1740. During these years only oecurred the emigration of such bodies of persons to certain locali- ties as could properly be termed colonies, as of the Welch above, and the Irish and English lower down on the river. There were also, as we have seen, individuals from different regions, who constituted valuable elements in the infant communities. From 1740 to 1760 large and important additions were made to the settlements, continuing, indeed, until the threatening difficulties with the Mother Country put a stop for the time to the increase of population from abroad. About the year 1740, came the family of Lide. There were three brothers of this name — John, Thomas, and Robert. They were of Welch origin, and came to Carolina, from Roanoke, Virginia. After the emigration of this family fi'om Wales, the name was Anglicized, and assumed eventually its present form. In Welch it was written Llhuyd,* in subsequent records, Loyd, which spelling was found in some branches of the family down to a compara- tively recent period. Of the three brothers who came to Pedee, John, the eldest, left an only son, William, the father of John Wild Lide (who removed to and died in Tennessee), and of the late Mrs. Rebecca Punch, of Cheraw. Mill's "Statistics of S. C," p. 618. 78 HISTORY OF THE OLD CHEEAWS. Thomas, the second son, settled on the river, at Cheraw Hill.^ He was educated in the Church of England, and took an active part in the organization of St. David^s Parish, having been a large contributor to the building of the church and the pecuniary resources of the parish afterwards. He married three times. By his first wife, who was a Miss Kimbrough, he had an only child, a daughter, the mother of the late Governor John Lyde Wilson, of So. Ca. By his second wife, a Miss Foster, he had five sons — John, Thomas, Charles Motte, Robert, and James ; also a daughter. t Of these sons, Charles Motte was a man of remarkable parts. His name will appear hereafter. Col. Lide was a man of high character, and died in 1787, uni- versally esteemed. Robert, the youngest brother, was born on Roanoke, Va. in 1734, and brought to Pedee, by a maternal uncle, Craw- ford. He settled on the west side of the riverj above, and afterwards near Cash way Ferry, § in what is now Darlington district, and became the head of an extensive family con- nexion. He was a prominent actor in the su.bsequent history of that region, and took an influential part among the Whigs of Pedee in the Revolution. He was at one time a Major under Marion. Robert Lide married first, Sarah Kolb, by whom he had three sons — James, Hugh, and Peter. He afterwards married Mrs. Fort, and subsequently contracted a third marriage. || The second son, the late Hugh Lide, of Darlington, was a man remarkable for * Colonel Lide, as be was afterwards known, settled on the plain, between the site of St. David's Church and the river. He gave the land on which St. David's Church was built. He subsequently became a prominent and influential Baptist, and donated the ground on which the first Baptist Church, at Cheraw Hill, was erected. This was between St. David's Church and the river, on the old road as it came up from the ferry. Of the original deed, executed in 1785, the author has a copy. f This lady became Mrs. Twitty, and afterwards Mrs. Burn. J The lands first settled by Major Lide, were in that large bend of the river below Sugar Loaf (a well-known point on Pedee), afterwards the property of the Saunders', and subsequently belonging to the late Colonel Bright William- son, of Darlington. § This ferry took its name from having been called by one of the first owners of it, " Cash-way," meaning that all persons who crossed were to pay cash. II The fruits of this marriage were the late Mrs. James Lide, Mrs. Cyms HISTORY OF THE OLD CIIERAWS. 79 strength of character and solidit}- of understanding ; of re- tiring disposition^ however, lie sought not publicity, and passed away, after a useful life, little known beyond the limits of his native district. The name of Baxter appeared on the Pedee as early as 1740. About this time lands were granted to James Baxter on the west side of the river, on Poke Swamp, in what is now INIarion district. He was probably the father of Colonel John Baxter, a man of note in civil and military life in that region. After the Revolution the family moved lower down the river. In September, 1743, 400 acres of land in the Welch Tract were granted to John Luke. The name continued to be known many years after on Pedee. About this period William Colt and Abraham Colson settled on the east side of the river, below the Welch Neck. The name of Colson was long known, while that of Colt disappeared not many years afterward. In 1744, John Wilks obtained a grant for 748 acres of land in Craven county. He was the ancestor of a worthy family, whose descendants are yet found in Darlington and Chesterfield districts. From 1747 onwards, the influx of population was more rapid, and continued to increase. In the latter part of the year previous came George Hicks, from Virginia. The family was of English descent. Being a man of means and influence, Mr. Hicks induced a number of his own relatives and others also to come with him. He became the head of a large connexion on the Pedee. The first record of his name is in a grant for land, in the Welch Tract, January 22nd, 1747. He had probably made a visit the year before. On the 18th of November, 1747, as appears from the records of Council, " was presented the humble Petition of George Hicks ; setting forth, that Bacot, and Mrs. .Tames Pugh, of Darlington ; also John W. Litle, and Hannah, who married Thomas Hart. After her husband's death, Mrs. Lide married a Mr. HoUoway, of whom the late Jesso Holloway, of Darlington, was a son, a man of unassuming parts, but esteemed by all who knew him for his purity and excellence of character. 80 HISTOEY OF THE OLD CHERAWS. he lately arrived from Virginia^ with a family consisting of nine whites and eleven blacks ; that he is willing to settle and cultivate a part of his Majesty^s landsj — Praying, that he may obtain grants in proportion to the said numbers ; and being informed that a tract of land, containing 4,000 acres, was surveyed in the Welch Tract for James GriflBth, by virtue of a warrant, dated December 6th, 1745, requiring the same to be returned into the Secretary's Office for a grant in 12 months, a Plot of which has passed the Surveyor- GcneraFs Office above a year ago, but no return made thereof into the Secretary's Office ; and the said Griffith having some time ago left this Province, and as has been reported, and is generally believed, has since come to an untimely end. Wherefore, the Petitioner prays his Excellency & Hon% to direct the Sui'veyor-Gieneral to cer- tify the said Plot in his name, and that he may obtain a grant thereof, though previously certified by him for the said Griffith ; and also that the said Surveyor-General may be dii'ccted to certify for the Petitioner two Tracts of land in the Welch Tract, — one containing 200 acres, the other 100 acres, — surveyed for James Jones, by virtue of a Warrant, dated February 12th, 1745, requiring a return into the Secre- tary's Office in 12 months; which said Plots were returned into the Surveyor-General's Office, March 9th, 1746, where they now lie, no application having been made for the same. Your Petitioner further prays, that, in your order to the Surveyor, you may direct him to admeasure and lay out 300 acres of land in the Welch Tract, being in the whole 1000 acres. " Upon examining the said Petition, and enquiring into his Family right, it appearing that three in whose right he had petitioned were not of his own family, being his Sister's children, and the third, his Overseer, it was Ordered, that the Surveyor- Gen^ do certify the Plots prayed for in the name of the Petitioner, and that 150 acres may also be surveyed for him in the Welch Tract." Having thus secured a substantial landed estate, George Hicks began a successful career, and amassed a large for- tune. He married a widow, Mrs. Sarah Gardiner (a daughter of the Rev. Philip James, first pastor of the HISTOKY OF THE OLD CHKRAWS. 81 Welch Neck Cliurcli), and raised a large family, from ^vliom a numerous progeny sprang. INIrs. Gardiner, at tlic time of her marriage Mitli Mr. Hicks, had a daughter, Sarah, who became the second wife of William Pcgncs, of Chestertield. The fruits of her marriage Avith Mr. Hicks were five daughters and two sons. Of the latter, Benjamin died young ; George married a Miss Hicks, and moved at an early period to the West. The daughters* were Mary, Elizabeth, Nancy, Lucy, and Charlotte. Colonel Hicks, as he was afterwards known, was a man of high character and extensive influence. His name will frequently appear in connexion with St. David^s parish, and the opening scenes of the Revolution. Of those who are known to have emigrated to the Pedee with Colonel Hicks, was a brother, William. He had three sons — Charles, Benjamin, and Daniel. Daniel Hicks lived in Richmond County, N.C., near the State line, and was an active Whig in the Revolution. His family, after his death, removed to Georgia. The family of Benjamin Hicks also left Carolina at an early period. In the year 1747, other names appear as grantees of land in the Welch Tract. Among these were John Powell, Alexander Staples, John Singleton, and Edward Boyakin. In ]March, 1748, John Purvis petitioned Council for 150 acres of land on Thompson's Creek.f Pedee River, stating * Mary married Malachi Mui pby, and had several children, of whom account has been given. Elizabeth married a cousin, Benjamin Hicks, who removed to the West. Nancy married Thomas Godfrey. The children of this marriage were Sophia, Harriet (afterwards Mrs. Samuel Gillespie), Mary (Mrs. Saunders), Elizabeth, William, Samuel, Wilson, George, Richard, and Thomas. Lucy married George Strothei", and was the mother of Elizabeth (who married Robert Gregg), Mary (afterwards Mrs. Deer), Harriet (Mrs. Broughton), and a son, George. Charlotte, the youngest daugliter, married John Wilson. Of this marriage the sons, Benjamin and George, died young. The daughters were Eleanor, afterwards Mrs. James A. Harrington ; Sarah J., who married Oliver H. KoUock ; and Anne, who became the wife of James A. Hart. Of this large number, but few survive. And .such have been the changes of time, that not one of the name of Hicks is now known on the Pedee, though there are many descendants. f The descendants of John Purvis, as has not very often been the case in this country of change, have continued in possession, as is supposed, of the land first granted, and remain there, some of thon at least, to the present day. G 82 HISTORY OF THE OLD CHERAWS. that lie had a wife and one child ; that he came from Vir- ginia the year previous, and had no land assigned him. His petition was granted. About the same time was presented the petition of John Rushing, stating that he came from Virginia with a wife and one child, and had made a settlement in the Welch Tract on Thompson's Creek. A grant of 3 50 acres was made to him. In 1749, Joshua Edwards emigrated to the Pedee. He was born in Pembrokeshire, South Wales, February 11th, 1703-4, and removed before his maturity to Pennsylvania, or the Welch Tract in Delaware, as it afterwards became. Here he remained about thirty years before following his countrymen to Carolina. He petitioned for land in 1751, stating that he was a settler in this Province, having come nearly two years since from Philadelphia, and that he had a wife and one child. His petition was granted. By his first wife, Joshua Edwards had two soas,"^ Thomas and Abel, and two daughters, Rachel and Phoebe. By his [second wife, three sons,t Henry,Elijah, and John, and one daughter, Mary. Joshua Edwards was ordained in 1751, and became the third pastor of the Welsh Neck Church. This connexion ceased after six years. He then took charge of the Mount Pleasant congregation, near Cashway Ferry, an off-shoot from the Welch Neck Church ; and, resigning this^ con- tinued his work on Little Pedee, where he remained until 1768. Mr. Edwards was a man of ardent piety and great purity of character. He lived to see of his posterity eighty- two, and died August 22nd, 178 4. J * Thomas, the first son, married Sarah Roblyn, the fruit of which marriage was but one child, Joshua Edwards, jun. Abel, the second sou, married Sarah Harry ; and afterward Sarah Douthel (Dousnel, as it appears in the earliest records). His children were Catharine, who married Thrashley Chapman ; Edward, who married Mary Dewitt ; and Sarah, who married John McDonald. Rachel, the elder daughter, married Roderic Mclver. Phoebe, the younger dauo-hter, married Josiah Evans. Abel Edwards lived on the north side of Cedar Creek, near the crossing of the Cheraw and Darlington R.R. f Of the sons of Joshua Edwards by his second marriage, John married Elizabeth Bevil, Henry married Elizabeth Oliver, Elijah , and Mary, the daughter, John Rodgers. Henry Edwards is remembered by some persons of the present day as an old revolutionary soldier. He was a man of stout frame, and told of many a hard-fought battle througli which he had passed. :j: Wood Furman's " History of Charleston Association," pp. 70, 71. HISTORY OF THE OLD CHEHAWS. 83 Abel, liis second son, was a useful man, and a highly- esteemed member and deacon of the Welch Neck Church. He died in 1793. His son, the late Major Edward Edwards, of Chesterfield district, was the father of a large family, of which there are many descendants. Thomas Edwards re- ceived his education at the North. He died in Charles- town at an early age, January 1st, 1776. In 1751, a name appeared for the first time in the history of settlements on the Pedee, which w^as destined to become distinguished in its future history. On the 2nd of April of that year, Henry Kolb petitioned Council for land, in or near the Welch Ti'act ; stating that he was a settler in the same, with three in family, himself and two negroes, and that he was willing to cultivate the soil. He obtained a grant for 150 acres. Two years later, Peter Kolb also petitioned for land, stating that he had for some years been a settler in the Welch Tract ; also Jacob Kolb, who ap- peared, fi'om his petition, to have had then a plantation on the Pedee. He asked for more land. Martin Kolb was another settler of the name. They came from Pennsylvania. Peter Kolb married Ann, the eldest daughter of the Rev. Philip James. The fruits of this marriage were five chil- dren — Abel,* who became so distinguished, married Sarah James ; Ann James, who married Joshua Edwards ;f Han- nah, who married Joseph Dabbs ;J Benjamin, § who married Elizabeth Murphy; and Sarah, who married Evander M'Iver.|| * Tlie fruits of this mumage were Ann, who married the late Major James Pouncey, of IMarlborough, of venerable memory, from whom a large connexion have descended ; Sarah, who married first Benjamin David, and afterward Philip Pledger ; and a son, James, who died young. t Joshua, the grandson of Rev. Joshua Edwards, had four children — Sarah, who married James Hart, and afterwards John Mcintosh ; Thomas, who died at manhood ; Peter, who married Jame Draughton ; and Ann James, who married John Kirven, and afterwards Daniel Dubose. X The children of Joseph Dabbs were — Nancy, who married Benjamin WHliams ; Samuel, who married Sarah Grove ; and William, who married Martha Elison. § The children of this marriage were — Nancy, who married David Archer ; Harriet, who married James Holloway ; Abel, who married a Miss Meigs; Sarah, who remained single ; Betsey, who married a Mr. McQuirt; and Mary, who married Thomas Meigs. li Evander Mclver had ten children — Catharine, who married Samuel Evans; Nancy J., who remained single ; Rachel, who married Jesse Holloway ; John Kolb, who married Sarah Marshall; Evander, who married Eliza Cowan; Abel, G 2 84 HISTORY OF THE OLD CHERAWS. The late Jehu Kolb, of Darlington, was a collateral relative of Abel Kolb,* probably the grandson of one of the first settlers of the name already mentioned. He was a man of unassuming character and retiring virtues, but bold and fearless when occasion demanded. He rendered effective service in the Revolution, carrying the marks of serious in- juries received to his grave, and died some years since, uni- versally respected. In May, 1751, Anthony Pouncey obtained a grant for land in the Welch Tract. He petitioned for and obtained a grant for 800 acres on the Wateree, April 6th, 1749, where he probably settled first. In this petition he stated that he had a wife, six children, and eight slaves. The name of William Pouncey appears about the same time. The former was probably the father of Williamf and Uoger. J In 1751, the name of John Todd appears as a grantee of who married Ann Chapman, and subsequently Rachel Love ; Peter Kolb, who married Elizabeth Chapman, and afterwards Mrs. Maria Nettles ; Thomas A., who married Nancy Howard, of Alabama ; Eliza, who married Thomas Griffin; and Mary Ann WiUiams, who married Horatio Cannon. Mrs. Joshua Edwards, who survived her husband, married Enoch Evans. The fruits of this marriag^e were six children — Margaret James, who married William Kirven ; Thomas, who married Mary Brooks; John, who married Mary Craig; Hannah Kolb, who married John F. Wilson ; Enoch, who married Ann Pegnes ; and Benjamin, who died at an early age. * Through his wife Abel Kolb became possessed of the plantation at the public ferry (Sparks') near Society Hill. His residence was a two-story brick building, immediately on the east bank of the river, a short distance above the ferry. The cellar-walls of this dwelling were brought to view a few years since by a freshet in the river breaking over the embankment, and interesting relics were obtained. f William Pouifcey died when quite young, leaving one son, the late Major James Pouncey — and a daughter, who married Alexander Peterkin, the father of Jesse and James Peterkin of Marlborough, well known to the present generation in that district. Major Pouncey married Ann Kolb, and reared a large family. His sons were William, who married Sarah Sparks; James, who married, first, Mary Pledger, and afterward, Mary Porniss ; John A., who married Miss Armstrong, of N. C. j and Peter A. K., who married Miss Ade- laide Hodge. His daughters were Sarah, who married D. M. Crosland ; Mary, „ Dr. Robert S. Thomas ; Eliza, „ Wm. Crosland ; Ann Jane, „ John Smith, of N. C. J Roger Pouncey had two sons — Anthony and William — and three daugh- ters — Mary, Lucy, and Delilah. Anthony Pouncey die;l in Marlborough early in the present century. His widow afterwards married, and removed with her familv to the West. HISTORY OF THE OLD CHEllAWS. 85 land on Pedee. This name continued to be known long after in Chesterfield District. In 1 753, an important addition was made to the settle- ment above the Welch Neck, on the east side of the river. Philip Pledger came from Virginia during that year, on a visit to the Pedee, as appears from tlie following certi- ficate : — " Amelia County : I, Charles Irby, one of his Majesty^s Justices of the Peace of the said County, do hereby certify, that the Bearer, Philip Pledger, is and has been an Inhabi- tant of this County 12 years, and behaved well, and has published his intention of travelling into Carolina, There- fore I desire all Persons to permit the said Philip Pledger to pass and repass upon his lawful affairs, as he may have oc- casion. Given under my hand and seal, this 17th of March, 1 752. " Charles Irby." This interesting relic* indicates how closely the traveller was watched, and the importance attached to character at a time when any new comer was closely scrutinized by those among whom he was to settle. Having selected a valuable body of land on Pedee, Mr. Pledger returned for his family, with whom he also brought back other emigrants. Among these was a family of Councill, closely connected with the Pledgers ; and afterwards numerous, but which, in name at least, has long since disappeared. Philip Pledger married a Miss Ellis, of Va. He had two sons, Joseph and John, and two daughters; one of these married James Hicks, the other married, first, a Councill, and after^^rd Wm. Ter- rill, a son of one of the Welch settlers. Joseph and John were old enough to take part with their father in the Revo- lution. Philip Pledger, though advanced in years when the war commenced, was active notwithstanding, and ren- dered efficient service. In 1754 he received a commission * This document was found at the house of Philip Pledger, Esq., of Marl- borough, a great-grandson of the first settler. He resides at the old familj- seat on the lands originally purchased, and which have remained in the family ever since. Here the author found the largest and most valuable collection of early manuscript matter anywhere met with, to which Mr. Pledger kindly gave him free access to use as he might desire. 86 HISTORY OF THE OLD CHERAWS. as Captain of Militia iu liis Majesty's service. Capt. Pledger was a man of high character and generons traits. Possessed of large means^ he Avas able as he was willing to contribute to the public welfare. In the beginning of the troubles with the Mother Country he received the highest marks of confidence from his fellow- citizens^ and faithfully discharged the important trusts com- • mitted to him. He died at an advanced age. About this time, valuable additions were made to the settlements on Little Pedee in the upper part of what is now Marion District. Among these were the Betheas, of whom William Bethea was one of the first and most promi- nent. He was an active Whig. A large and respectable connexion of this name are yet found in Marion. Another settler at this period, still lower down on the Pedee, was Jacob Grice. He came from North Carolina. The family has been well known in Marion. In 1752, the name of Gregg first appeared on the Pedee. This family was of Scottish origin. Not long after the time of Cromwell a part, if not all of them, removed from the North of Scotland to Londonderry, Ireland, from whence the emigration to America took place. On 3rd July, 1752, John Gregg petitioned Council, stating, that he was desirous of settling himself and family in this Province — that his family consisted of himself and wife, one Dutch servant, and five negroes, for whom no grant had been obtained, — and that he was desirous of getting two plots of 500 acres each, which had been surveyed for Mr. John Atkins about 1735- 36, and were still lying in the Survey or-Generars office. He obtained grants for 1350 acres. At the same time Dr. John Gregg^ petitioned for land lower down, in the fork of Black River and Pedee. With John Gregg came a brother, Joseph. They were known, as were many others who came to the Province about the same time, as Scotch-Irish Presbyterians. Such was the Colony in Williamsburg. From these brothers, John and Joseph, descended the large connexion of the * Dr. John Greg^ was probably a near relative of John and Joseph, but of his subsequent history nothing is known. HISTORY OF THE OLD CIIERAWS. 87 name, most numerously reprcseutecl in jNIarion. Branches of the family settled also in Massachusetts, Pennsylvania, and Virginia. The children"^ of John Gregg and Eleanor, his wife, were James, John, ]Margaret, Robert, Mary, William, and Jennet. James, the eldest, married IVIary Wilson, of the Presbyte- rian Colony in Williamsbm-g, and reared a large family. James Gregg lived on the west side of the river, on Poke Swamp. He was a captain in the Revolution, and with his brothers, who were of age, rendered efficient service in the cause of liberty. Joseph Gregg was also the father of a large family.f He was a brave and valiant Whig. John Gregg died about the latter part of the year 1775, ha\'ing lived long enough to see the beginning of the troubles that were to come upon his children. In Nov. 1753, John Stubbs obtained a grant for lands on Cat Fish. He was probably the ancestor of the large con- nexion of that name, since known in Marlborough District. The battle of Culloden, which occurred in April 1746, led to the removal of many families to America. Among those who were ranked as rebels in that conflict and afterward, Avere several names which appeared about this time on the Pedee. Of these were M'^Iver, M'Intosh, and Cusack. The accounts of the battle were received in Charles-town, and published in the July following. * The children of James Gregg, were Jennet, who married James Hudson ; Mary, who married Adam Marshall : Sarah, who married a Mr. Jones, and re- moved to the west at an early period ; Margaret, who married Samuel Hall, of No. Ca. ; John, who married his cousin. Jennet Gregg j David, who married Athalinda Brocky ; James, who married Cornelia Maxcy ; Elizabeth, who married W. Davidson Hall, of No. Ca. ; and Elias, who never married. John Gregg married Eleanor McKnight, and had ten children — Jane, John, Alexander, Jennet, William, Samuel, James, Margaret, Robert, and Elizabeth. Margaret married a Mr. Scott. The fruits of this marriage were six children — Elizabeth, Rebecca, Mary, Samuel, John, and William. Robert had but one child, a daughter. Mary married Mr. Askius, and had four children — Samuel, John, Robert, and William. William was the father of nine children — Robert James, William Gordon, Eliza, Gadsden, Levi, Wilds, Boyd, William, and Susannah. Jennet married Mr. Bingham, and had several children. t The children of Joseph Gregg were Alexander, Robert, Joseph, Jennet, Mary, Jlargaret, and Sarah. The descendants of most of these remain in Marion. 88 HISTORY OF THE OLD CHERAWS. Amoug tlie ladies in custody, the Laird of M'lntosh^s wife is mentioned, and Col. and Ensign M'^Intosh were among the rebel officers slain. The names of Cusack and Murphy were amoug the prisoners. A correspondent of the Charles-town Gazette, v/riting from Loudon, May 10, said, " we are assured that his Majesty has been pleased to order such of the Rebel private men as his Royal Highness shall think proper objects of his clemency, to be transported to some of his Majesty^s American Colonies." Soon after this his Majesty^s Council in this ProAdnce congratulated his Excellency, the Governor, on the glorious defeat of the rebels at Culloden. To some of these rebels and their children America was afterwards largely indebted for valiant services in the cause of freedom. In 1756 the names of M'lA^er and Mcintosh appear among our early records. In this year Sarah M'lver was a grantee of land on Lynches Creek. Roderick M'lver was one of the first of this family. He came directly from Scotland. His first wife was Anne Rogerson. Soon after his arrival he married Rachel, daughter of Rev. Joshua Edwards, and had three children, Evander, John E.^ and Catharine. Evander M'lver married Sarah Kolb, as already related, from whom a large family have descended. He was long and prominently connected with the Wekh Neck Church. John E. married Mary Anne Williams.^ Catharine married first Josiah Evans, and afterwards the Rev. Edmond Botsford,t a Baptist Minister of high standing and great excellence, ^^oderick M'lver died in March, 1768 ; of that branch of the family (if they were connected) rej^resented by Sarah M'lver, nothing is known. In the year 1756 John M'Intosh obtained a grant for land on Black River. He probably came soon after to the * The fruits of this marriage were John E., who died at manhood ; Ann Eliza, who married John W. Davis; Catharine, who died in infancy; David Rogerson Williams, who married Caroline Wilds, and afterwards Martha E. Grant; Thomas E., who married Eliza M'Intosh, and subsequently Sai-ah Bacot ; and Alexander, who married Mary Hanford. t Mr. Eotsford's second wife was Catharine Evans, by whom he had one child, Catharine, who married Moses Fort. He contracted afterwards a third and fourth marriage. The children by his first marriage died in infancy. HISTORY OF THE OLD CHEUAWS. 89 neigliborliood of the Welch Neck, on Pcdee. John and Alexander, two brothers, were the first of this name. John, the elder of the two, settled ahont two miles below Long Bhiff, on the west side of the river.* He married a INIiss ^likell, and had five sonsf — Alexander, John, Loch- lin, William, and James. John M'Intosh died in 1774. The name, in only two branches of his family, is now represented on the Pedee. Alexander, the younger brother, settled on the east side of the river, a few miles below Long Bluff, in the Welch Xeck. He married a Miss James, and had three children| — Catharine, John, and Eleanor. Acquiring probably a good projjcrty by his marriage, he subsequently amassed a large fortune, and was prominently connected with the history of the Pedee in civil and military affairs. He was of handsome and commanding person, and possessed of a better education than was common in that day. His name will often appear in the following pages. He is said to bave been the first of the early planters who brought the native African to this region. The family of Mikell came about this time to Pedee. There were two brothers, John and William, and a sister. The latter, as has been stated, married John M'Intosh. John, the elder brother, settled on the west side of the river, a few miles above LongBluff.§ He became a Major in the * On the public highway, leading to George-town, just above Cock-run (a small swamp stream), where the traces of an ancient settlement are still to be seen. t Of these Alexander, the eldest son, well known afterwards as Captain M'Intosli, served actively in the Revolution. John, the second son, married a Miss Mikell, and died early : Lochlin, a Miss; Vereen, near George-town | William, a Miss Mikell, daughter of John Mikell (the late Mrs. F. C. Watson, of Chesterfield, was a child of this marriage) ; James, the youngest son, married a Miss Lucas, and was the father of the late James H. M'Intosh, of Society Hill. The father died early. His widow, a lady of advanced years, died in 1862. She was one of the few links left connecting the present with that generation. X Catharine married, and moved away at an early period. John married, and died prematurely, leavii g two children — Alexander and Eleanor. The latter became the wife of Alexander Norwood, formerly of Dar- lington. Eleanor M'Intosh married a Mr. Bemhridge, who removed to Maryland. § This was on the first sand hill, near the river swamp, at what has in later years been known as the Falconer-place, on the old road from Cheraw HiU to Long Bluff. 90 HISTORY OF THE OLD CHERAWS. Revolution^ and was a man of decided character and in- fluence. William^ the younger brother, was killed by the Tories. These settlers soon became thoroughly identified with the Welch. Intermarriages speedily took place, and re- ligious differences were CA'cntually laid aside for the bonds of a common faith, which were long after to unite them. The Mcintosh's and Mclver's were Presbyterians in the Mother Country. In May, 1761, a formal covenant and confession of faith was signed, and Alexander Mcintosh and Roderick M'lver were received into union with the Welch Neck Church. About this time (1756), the names of Joseph Brocking- ton, John Kimbrough, Abraham Odam, John Holloway, James Sweeney, Charles Lowder,* (or Lowther), Samuel Windes, James and Alexander M'Kown, and (in the follow- ing year) George Nettles, are found among the records of our early settlements. The most of these appear to have taken lands in the middle and lower parts of what is now Darlington District. Joseph Brockington probably settled lower down on the river. This family was of English descent. The first of the name who came to the upper Pedee was Richard Brockington. He remained a short time in Charles-town, then purchased lands on the Pedee above George-town, and subsequently moved up the river. He had two sons and a daughter. William, the eldest, married Penelope Benton, who afterwards became Mrs. Bishop ; Richard married Mary Hartjf and Rebecca, the daughter, married James Pawley. John Kimbrough came from Wake County, N°- C*- He settled about ten miles below Long Bluff, on the west side * From this name came that of the lake (supposed to be the ancient bed of the river) so well known in Darlington. Charles Lowder probably settled in that neighborhood. The name, other than in this locality, disappeared at an early period. f The late Mrs. Brockington, of Darlington District, whose mansion was for so many years the seat of the most generous hospitality. The chief delight of this excellent lady seemed to consist in ministering to the happiness of others. HISTORY OF THE OLD CHERAWS. 91 of the river, and became a man of prominence in that region. He married Hannah Kolb, and had a daughter, Ehzabeth, who became the wife of Lemuel Benton, a name destined to become distinguished in tlie history of the Pedee. Major Kimbrough was a staunch Whig, but too advanced in years when the war began to render active service. His death took place in August, 1796. Of the other names mentioned as haWng appeared about this time, the Nettles' and M'Kown's have continued to be known in Dar- lington and Marion as large and respectable connexions. James Sweeney is supposed to have been the progenitor of the present family of Henegan. It is known that this was called the Sweeney family at an early period. When or why the change took place, is not known to the present generation. Barney, who was probably the son of James Sweeney, had two sons, Darby and John. Darby was the father of the late Dr. B. K. and Ephraim L. Henegan, of Marlborough. His daughters were Drusilla, who married L. E. Stubbs, and Lucrctia, who married Alex. McCoUum. John Sweeney married a Miss Ridgel, and died young. John S. Henegan was the first of that name. The families became connected, and two generations back, took the name of Henegan. They lived first in Marion, where a portion of their descendants^yet reside ; the other, a highly respectable branch of the family, being in Marlborough. About this period, came a family, in numbers and in- fluence, prominently connected with Darlington District from an early period. John Du Bose was the first of the name who removed to this region. He was of Huguenot descent, and came from that settlement on Santee to Lynchers Creek. His sons were Isaac, Elias, Daniel, and Joseph. These brothers lived in the same neighborhood,"^ were men of property before the Revolution, and took an active Daniel was a captain, and Isaac * This settlement was on the east side of Lynche's Creek, at a point just above the crossing of the Wilmington and Manchester, R. R. ; a^neighborhood in which a sanguinary struggle was carried on with the Tories, and in which the Du Bose's took a decisive part. 92 HISTORY OF THE OLD CHERAWS. bore honorable office. Elias^ the second son, was prominent for character and influence. He was a magistrate of note before and after the war. He married Lydia Cassels^ of Sumpter, and reared a large family.* A sister^ Rebecca, married her cousin, Andrew Du Bose,t whose name will aj)pear in a prominent connexion in the history of the Revolution. Another sister, INIargaret, married W™' Dick. J jSlr. Dick was an active Whig, and noted for strength and courage. He removed, after the war, to Darlington. Peter Du Bose, one of the earlier of the name, was of re-- spectable revolutionary memory. Soon after Braddock's defeat, the frontier inhabitants of Vu'ginia and Pennsylvania began to move further south ; and the region of the Pedee was settled by a few of them. The progress of population was slow previous to the Indian Treaty, in 1755 ; after which it began to increase. John Donaldson was an early settler in what is now Marlborough District. He removed soon after to Richmond County, N. C, and there became a Col. of Militia. He died during the war. Charles Irby came from Virginia, and settled in the neighborhood of Philip Pledger, on the east side of the river. In October, 1768, he married jMehitabel Kolb, and became a prominent and influential character. Col, Irby, as he was afterwards known, was the progenitor of a large family connexion.§ He died shortly after the Revolution. Edmond Irby, a brother or near relative of Charles Irby, took an active part as Captain in the revolutionary struggles. In 1758, Thomas Ayer emigrated to Pedee. He came * Jesse, Isaiah, and John Du Bose were sons of Elias. f The sons of this marriage were Benjamin, Samuel, and Joshua, who lived on Lynche's Creek. X The mother of the late John D. Witherspoon, of Society Hill, was a Miss Dick. § Of the children of Colonel Irby, Charles married Rebecca Evans, sister of the late Hon. Josiah J. Evans. James married a Miss Wright, of Marlborough. Elizabeth became the wife of William Pledger. Anne married Thomas Lide, and another daughter married a Forniss. The family of Charles Irby, after his death, removed to Alabama, and are well known in that State. The name was spelled Yerbey in some of the earlier records, and was thus pronounced by many for a long time after. HISTORY OF THE OLD CIIERAWS. 93 from Ireland to Virginia, and from tlicnce to Carolina. lie settled on the east side of the river, a few miles below Hunt's Bluff, set up a trading establishment, and amassed a comfortable property. Of an ardent temperament, and en- thusiastic in his love of liberty, Thomas Ayer would cheer- fully have sacrificed life and fortune had it been necessary for its advancement. Of his children, were Lewis Malone, born in 1769, the head of a large and respectable family in Barnwell District ; and the late Hartwell Ayer, of Marl- borough, from whom a most worthy family have descended.* About this time came a family which was to contribute a large and valuable element to the population of Marlborough. Tristram Thomas, from whom this family is descended, emigrated from Wales to the Province of Maryland in the early part of the last century. He died February 11th, 1746, lea^ang a numerous family, of whom a portion re- mained in Maryland, and others emigrated, it is said, to Pennsylvania and Virginia. His eldest son, Stephen, emi- grated to North Carolina, about the year 1750, and died there, leaving a large family. Several of his sons and daughters subsequently came to the Pedee, of whom a por- tion removed, soon after the Revolution, to the then North- West Territory. This family was originally, and long con- tinued to be, of the Society of Friends. While in Marl- borough, they worshipped near Adamsville.f Stephen's children were, Sarah, Robert, Stephen, Mary, William, John, Susan, Elizabeth, Lewis, Tristram, Phile- mon, Benjamin, and James, born between the years 1731 and 58, inclusive. Of these, Robert, the eldest son, manied Mary Sands in * To this venerable gentleman, through the kind assistance of his son. General L. M. Ayer, of Barnwell, the author is indebted for a thrilling narra- tive of scenes connected with the revolutionary struggle on the Pedee, and much other information of interest. Mr. Ayer, though quite a youth at the time to which his narrative refers, retained a distinct recollection of the most important events which fell under his observation. After his majority he left the Pedee, and settled in Barnwell. He died at his residence in Barnwell District in 1863, at the advanced age of 93, the last link which connected the present with the revolutionary era of the Pedee. f Now known as I'iney Grove. The original house of worship, having been purchased by Christians of different denominations, was long free to all, but ultimately fell into the hands of the Methodists, the Baptists building at Beaver-dam. 94 HISTORY or THE OLD CHERAWS. 1756. They reared a large family."^ The Rev. Robert Thomas was for fifty years a faithful minister of the gospel, laboring with his own hands for the support of his house- hold. The old Churches at Beaver-dam and Salem, in Marl- borough, were established through his instrumentality He abandoned the faith of his fathers at an early period, and united himself with the Baptists. He was preaching when the Revolution began, and gave his eldest surviving son to the service of his country. He died at Britton^s Neck, Marion District, at the advanced age of 84, while on a missionary tour to the destitute in that region. Lewis, the second son, married a Miss Breeden, a name long known in Marlborough. Many of their descendants yet remain in that district. Tristram, the seventh son, was born July 28th, 1752. He married a Miss Hollings worth, of one of the Welch families. Though but a few years past his maturity when the Revolution commenced, he embarked actively in that trying contest, and became a prominent character. William Thomas, of another branch of the same family, emigrated about this time from Maryland. He came as an adventurous youth, and found a kind friend in Col. George Hicks. While living with Col. Hicks, he married his niece, a Miss Little, who was possessed of a good property. He settled on the east side of the river, a few miles above Cheraw, and amassed a large fortune. He had one child, a son, William Little, who married Clarissa Benton. The fruits of this marriage were two sons,t William L. and Alexander, The father, William L. Thomas, was a man of brilliant talents. The name of this branch of the family has become extinct. About the year 1760, Claudius Pegnes came to Pedee. He settled on the east side of the river not far below the State line. This family was of French descent. The father * The children of Robert Thomas were Tristram, Elizabeth, Nathan, Sarah, John Sands, Lucy, Robert, H. Elijah, William, Jesse, Eli, and Benjamin. The last of this large family, Eli, died in 1854. Many of their descendants are scattered through the West. i* Alexander died young. William L. married Jane M'Queen, of Chester- field, and died childless. TMiis lady afterwards married the late Hon. .Tohn Campbell, of Marlborough. HISTORY OF THE OLD CHERAWS. 95 of Claudius Pegncs is supposed to have left France after the Revocatiou of the Edict of Nautes, and with his wife, a Swiss lady, settled iu Loudon. Claudius, their son, emi- grated to Carolina, and uaarried a Miss Butler, iu Charles- town iu 1748—9. He removed thence to George-town, where his children were born. After his settlement on Pedee he was prominently connected with St. David^s Parish. He died iu 1790. Of his children, only two sous, William and Claudius, reached maturity. William mar- ried Elizabeth Murphy, and settled on the west side of the river above Cheraw, and near the N. C. line. The fruit of his first marriage was a daughter, Harriet, who married William Powe. His second wife was Sarah Gardiner, a step-daughter of Col. George Hicks. Wm. Pegnes Avas a man of more cultivated tastes'^" than was usual at that day. He was a staunch Whig, and with others in this region, as will be seen hereafter, suffered severely from the depreda- tions of the Tories. Claudius, the younger son, married Marcia Murphy, and settled near his father, in the upper part of what is now Marlborough District. A daughter, Henrietta, and other children died young. Of his four sons who grew up, William married Miss Speed (of N"- C^), and late iu life Maria Punch of Cheraw ; James married Jane, a daughter of Wm. Johnson, of Sneeds- borough, N. C. ; Malachi married Charlotte, another daughter ; and Christopher married Eliza, a daughter of Col. Thomas Evans. f These brothers all reared large families, fi'om whom a numerous and highly respectable connexion have descended. Claudius Pegnes, their father, was an active Whig, and a man of great usefulness in his day. * The reinams of a very excellent library were seen by the author a few years since in the neighborhood of Mr. Pegnes's former residence. ■}• Colonel Evans was the father of the late Hon. Josiah J. Evans, of Dar- lington. He married Elizabeth Hodge, and hud live children, viz. : — Thomas, who married a daughter of Harris Evans ; Josiah James, who married Dorothy Dewitt; Abel; Rebecca, who married Charles Irby ; and Eliza, who married Christopher Pegnes. Colonel Evans lived a little out from the Welch Neck, near the public road leading from Long Blalf to the Old Marlborough, C. H. 96 HISTORY OF THE OLD CHERAWS. In 1759 the Rev. Nicholas Beclgegood came to Pedee, having been called to the charge of the Welch Neck Church. This charge was not assumed, however, until the following year. He succeeded Rev. Robert Williams. Mr. Bedgegood was born at Thornbury, in Gloucestershire, England, January 30, 1731.'^ He came to America in 1751, and was for some time connected with Mr. Whitfield, in the Georgia Orphan House. He became a Baptist in 1757, and not long after received the call to the Welch Neck. He re- turned in 1767 to the lower part of the Province, in the neighborhood of Charles-town, but having received a second call to the Welch Neclc, came back and made a permanent settlement in this region. In 1769 he married a Miss Murphy. A son, the late Nicholas Bedgegood, of Marl- borough, was his only child. The Rev. Mr. Bedgegood was a good classical scholar,t and is said to have been an accomplished speaker. " Calm, however, and didactic, rather than impassioned in his style of preaching, his efforts were calculated to instruct rather than to move the feelings. But few were added to the church during his Ministry ."J His death took place in 1774, and on 1st February following, this entry was made on the records of the Welch Neck Church : " The Rev. Mr. Nicholas Bedgegood died near fifteen years after his first call to this place ; and almost seven years after his return, from which time he ministered here until his death. He was regarded a good scholar aud a sound divine, an eloquent preacher, and a polite gentleman ; and well beloved by his acquaintance : yet, notwithstanding all his ability and endowments, he was never very successful, especially in the latter part of his life ; none being baptized after his return." * The following is a copy, as preserved by liiniself, of the original record of his baptism : — " Nicholas, Son of Nicholas and Anne Bedgegood, Gent., Baptized Feby. y' 22nd, 1731. " This is a true Copy of y<' Register at Thornbury. " JA^ RuTTEE, Curate. " Born January y« 30th, 1731." t He owned a large and valuable library. A few volumes from this library, with a private journal of Mr. Bedgegood, were ])resented to the author some years since by the late Mrs. Catharine Billingsly, of iMarlborough. J Wood Furman's " History," pp. 75, 76. HISTORY OF THE OLD CHERAWS. 97 To this statement it ought to be added, that from 1767 to 1774, when Mr. Bedgegood finished his course, the spirit of the time and distui'bed state of the country were most unfavourable to general religious progress or the growth of any congregation. Not later than 1760, Martin Dcwitt emigrated to the Pedee from Fredericksburgh, Virginia. He settled on the lower part of Black Creek, in w hat is now Darlington Dis- trict. He married Ellen Douthel. His sons, who came with him, were William, Harris, Thomas, and John. He took pai't in the Revolution, though advanced in years, and died in the place of his first settlement. William, the eldest son, married Mary, the daughter and only child of Daniel Devonald, one of the Welch settlers.^ Harris married Elizabeth, a daughter of Richard Brockington, and after- wards a Miss Pawley, and removed to the West at an early period. Thomas married and ^ied early. John was the father of the late jNlartin Dewitt, of Darlington ; a man who maintained a most unblemished character through life. William Dewitt, afterwards well known as Cap"- Dewitt, settled in the upper part of the present district of Darling- ton, f His sons were John, Charles M., and Daniel, who died when a boy. John, the late Major Dewitt of Society Hill, married Nancy, daughter of Thomas Powe. Charles never married. He was a man of superior talents. The daughters of William Dewitt were Mary, who married Edward Edwards ; Sarah, who married a Mr. James, and subsequently Sam'* Ervin; Eleanor, J who married Allen Chapman ; Elizabeth, who married Sam'* Wilds, and after- wards Dr. Thomas Smith ; Margaret, who married Enoch Hanford, and Dorothea, who married Josiah J. Evans. Harriet, another daughter, died at an early age. Cap. Dewitt was a man of strongly marked character, and an * Her mother was long a widow, of good property for that day, and lived a short distance above the old Welch Neck Church, on the east side of the river. -)• On Cedar Creek, near the village of Society Hill, where the late Judge Evans resided. X This excellent lady, the last of her father's family, and almost of her own, died in 18G0. The writer was indebted to her for much interesting in- formation. 98 HISTORY OF THE OLD CHERAWS. active and devoted Whig. He survived his wife^, and died about 1812. Another branch of the family came from Virginia about the same time^ and settled lower down on the river, in what is now Marion District.* Thomas Dewitt, the father of this connexion, was probably a brother, or other near relative of Martin Dewitt. His sons were Thomas, William, and Charles. Charles married a Miss M'Call in 1771. The name is yet known in Marion. Many other settlers came about this time to Pedee. Among these was Elisha Parker. He purchased lands on the east side of the ri^^er, just below the State line. Here a public ferry was established soon after, known as Parker's Ferry. Elisha Parker died at an advanced age. His son, Stephen, who came with him, was a ship-builder, and before the Revolution built boats for the navigation of the river. Stephen Parker accumulated a good property, and died about 1810. Some of his descen- dants are now living in Chesterfield District. Hewstiss was another name early known. This family contributed its quota to the cause of liberty. Of the Tur- nages, who emigrated to what is now Chesterfield District, William served his country faithfully. He died at an ad- vanced age about 1823. A son, John Turnage, yet survives, a worthy citizen of Chesterfield. With the Turnages came the Ruthvens, some of whom are yet found in Chesterfield. The name of Sparks goes back to this period, on the Pedee. There were four brothers who came from Virginia, ^^z., Daniel, Charles, Samuel, and Harry. Of these, Charles and Samuel went to sea. Harry, a noted Wliig, was killed by the Tories. Daniel, the eldest brother, settled first at what has long been known as the Beauty Sj)ot, in Marl- borough District. The family afterwards resided at the " Red Bluff," in the Welch Neck. Daniel Sparks married Martha Pearce,t and had three sons — Alexander, Samuel, and Daniel. Alexander married * This place of settlement was called afterwards Dewitt's BluiF, and is still known by this name on the river, ■j" This excellent and venerable lady died a few years since, near Society Hill, at a very advanced age. She retained her physical vigour and mental faculties to the last to a very remarkable degree. Her life was one of many trials, having embraced the stormy years of the Revolution. HISTORY OF THE OLD CHERAWS. 99 Jeanctte M'Kcarly; Samuel married Ann Hurry; and Daniel, a French lady in Louisiana. The daughters were — INIartha, who died single ; Polly, who married John Crosland ; Lucy, who married Alexander Stubbs, and subsequently Thomas Stubbs ; and Sarah, who married William Pouncey. Daniel Sparks, the father, was a noted Captain of Militia in the llevolution, and rendered valuable service to his country. Edward Crosland, who was thrown upon his own resources as an orphan boy, came about the year 17G0 from Virginia to Carolina. The tradition has been handed down in the family, that he joined a company of adventurers of about thirty persons, near the middle of the Province, some time before the Re- volution, for the purpose of exploring and hunting in the South- West. The company, it is said, went through North Carolina, Tennessee, and Kentucky, to the Ohio River, thence to the Mississippi ; and after exploring that stream to the mouth of the Missouri, retraced their steps, and descended the Mississippi to New Orleans. A part of the company re- turned, leaving their companions behind. After returning to North Carolina, Edward Crosland married a daughter of Samuel Sneed, of that State, and settled near the boundary line ; acting chiefly in South Ca- rolina during the Revolution. Subsequently, he removed to Santee, and after a few years, settled on the Pedee, near Gardiner's Bluff, in what is now Marlborough District, where he reared a large family. His sons wei^, John, Samuel, Daniel M., Israel, David, George, Philip, and William. His daughters were, Temperance, Mary, Sarah, Elizabeth, Re- becca, and Ann. Not a few of the descendants of this family are now numbered among the respected citizens of Marlborough. The Websters, Adams, and Fletchers, came about this time from Virginia and Maryland to Pedee. Tliese families have extensive connexions in MarlboiX)ugh. Emanuel Coxe settled lower down on the river. He reared a large family, from which many of the citizens of Marl- borough have descended. Several of this name were among the soldiers of the Revolution. William Coxe was partis cvdarly noted. H 2 100 HISTORY OF THE OLD CHERAWS. Settlements were made about tliis time on Lynchers Creek^ in what is now Chesterfield District. Among the first who came here, were Charles and George Evans, of the Welch stock on Pedee ; and John Blakeney. The latter came from Ireland, and established himself as a trader. He had two sons — William and John. William was the father of the late Gen' J. W. Blakeney of Ches- terfield ; and fi'om these brothers, the large connexion in that District have descended. John Blakeney was an active Whig in the Revolution. His name appears in the records of St. David's Parish. Lower down on Lynchers Creek, in what is now Darlington District, were the Huggins, Carters, and others, well known since in that region. This settle- ment extended from the Effingham Mills, a point of note in those days, towards the Fork of Lynchers Creek. The names of Cannon, Hunter, Williamson, Coker, and Pawley, appear here. They settled on Black Creek, in Dar- lington, and were active Whigs. Colonel George Pawley was prominent in the neighbour- hood of George-town at an earlier period. He is supposed to have removed subsequently higher up the river, having become the owner of lands on the east of the Pedee, above Mars Bluff. James Pawley was probably a son or colla- teral relative. He married Rebecca Brockington, and after- wards a Miss Hunter. Cusack was also a name of a still earlier settler, and destined to become sadly noted in the trials that awaited these infant settlements. Lower down on Jefli'ey's Creek, was Wm. McDowell. He emigrated from Ireland to North Carolina, and subsequently to this region, bringing a family with him.^ He was a stanch friend of his country, and suffered much from the Tories, who made frequent forays in this neighbourhood. Simon Connell was one of his companions, and a name which ap- pears in favourable connexion with the struggles which shortly followed. He was killed by the Tories. On Cat Fish, in what is now Marion District, were the * Mary, a daughter of William McDowell, born in 1769, was surviving in 1859, near Florence (Wilmington and Manchester R. R.). She married Wm. Britt soon after the Revolution. Her husband was in the battle of Guilford Court House. He died at an advanced age. HISTORY OF THE OLD CHERAWS. 101 Cherrys. George Cherry was noted iii tlie revolutionary struggle. Higher up were the Hodges, than Avhom few families gave a larger number of soldiers to the eause of liberty. The late Cap"" Geo. Hodge/ of Marlborough, was the last connecting liuk with that generation. He married a daughter of George Cherry. Townsend was an- other family known at this period. The name of Light Townsend appears among the records of the Revolution. The family has become extensively connected in ]\Iarl- borough. William Forniss was advanced in years when the war began, and an ardent Whig. The late venerable James Forniss, of ^Marlborough, was a lineal descendant. This family settled in the upper part of the Welch Neck, on the river. In the same neighbourhood were the Dowues ;t and farther out, on Crooked Creek, were Samuel and Joseph Dabbs, the first of that name on Pedee. Joseph Dabbs married Han- nah Kolb. His devotion to liberty was sealed with his blood. His descendants are found now in Darlington. In the neighbourhood of Hunts Bluff, on the east side of the river, were the S^veats, a worthy family, and devoted Whigs. Wm. Sweat, the father, was an old man when the Revolution began. His sons, James and Nathan, were young men at that time. This was probably a branch of the family which came with Gideon Gibson from Virginia. The Quicks, higher up the river, are worthy of mention among the early settlers of that region. They came from Bertie County, North Carolina, where the family resided in 1742. J Thomas Cluick was one of the brave Whigs of the Upper Pedee. * Captain Hodge was the maternal uncle of the late Judge Evans. ■j- This name has long since disappeared. j The following is a copy of one of the relics of those days : — " North Carolina, At a Court begun and held for said County at the Bertie County. House of John Collins, near Red Bird, on tuesday, the 9th Day of November, Anno Dom' 1742 ; Present, His Majesty's Justices of the Peace &c. Personally came Thomas Quick of this County, and in open Court made oath on the Holy Evangelists, that his family consists of six persons ; — viz., Thomas Quick, Ruth Quick, Bertha Quick, AnneQuick, Willis Quick, & RachelQuick: which is Ordered to be Certified, " Witness George Gould Esq', Chairman of the said Court at Bertie, the 20th Day of November, Anno Dom', 1742. " Dated at the Clerk's Office the 20th « Geo. GorLD. Day of November, Anno Dom', 1742. " Heney De la Claspeb." 102 HISTORY OF THE OLD CHERAWS. In 1762, Evan Pugh emigrated to tlie Pedee. His an- cestors came from Wales to Pennsylvania,, where he was born. They were associated with the Quakers, and pro- bably constituted a part of the colony of William Penn. While he was yet a boy, his father removed to Winchester, Virginia. Upon arriving at manhood, Mr. Pugh became a teacher, and acted in that capacity on the Yadkin River, North Carolina. "VYhile there he became a Bajjtist. In 1 762 he pursued his studies at Long Bluflf, and was ordained two years afterwards. Subsequently he removed to Cashway, and took charge of the Mount Pleasant congregation in that neighbourhood. Mr. Pugh married Martha McGee. By this marriage he had two sons and a daughter. James, the elder son, was the father of the family in Darlington. Ezra, the younger son, died prematurely just after com- mencing life as a lawyer at George-town. Elizabeth, the daughter, married Hugh Lide, of Darlington. Of the life and character of Rev. Evan Pugh, account will be given hereafter. He died in 1802. About this timC; Dr. James P. Wilson came to Pedee, and settled at Long Bluff. He was a native of Buck^s County, Pennsylvania, and educated at Carlisle, in that State. He settled first as a physician at Winchester, Virginia, and remained there several years. During his residence at that place, he married Martha Jamison. His children were the late John F. Wilson, of Society Hill, who married Hannah Evans ; Mary, who maiTied Ed- ward Burch ; and Martha, who married John Sweeney. Dr. Wilson, for many years, had a large practice on the Pedee, and was surgeon in Marion^s Brigade. Virginia continued to furnish valuable elements to the growing population on the Pedee. Thomas Powe emigrated from that State about this period. He married a Miss Allen, of Virginia. His children were William, who mar- ried Harriet Pegnes; Erasmus, who married Esther Ellerbe; Mary, who married William Falconer ; Rachel, who married Allen Chapman ; Nancy, who married John Dewitt ; Alex- ander, who married Miss Spencer; and Thomas, who mar- ried Martha Ellerbe. HISTORY OF THE OLD CIIERAWS. 103 I\Ir. Powe settled first on Cedar Creek, near tlie present villoge of Society Hill_, and afterwards removed to the neighbourliood just above Clieraw Hill, where he lived and died. Thomas Powe was a magistrate of note after the Revolution, and was an active and useful man on the Pedee. His second son. Gen' Erasmus Powe, of Ches- terfield, was also a man of much excellence and useful- ness in his day. The widow of Thomas Powe married Calvin Spencer, whom she survived many years. The Godfreys were of English descent. This name ap- pears in the early history of Carolina. Richard Godfrey died some years before the Revolution, in the neighbourhood of Cheraw. He probably removed to that locality late in life. His sons were, William, Wilson, Richard, and Thomas, all of whom were old enough to take part in the struggle for liberty. William married a Miss Britton, in what is now Marion district ; Richard, a Miss Davis ; Wilson also married, and died in Marion ; Richard lived on the river, at the place since known as Godfrey's Perry. He was active in the Revolution. He held several jjublic offices in Marion, and died about 1821. Thomas lived in the neighbourhood of Cheraw. He married Nancy, a daughter of Col. Geo. Hicks, from whom a large family descended, and of which account has been given. Thomas Godfrey was long connected with St. David's parish. John Wilson emigrated from Maryland to Pedee when quite a young man. He settled on the east side of the river, opposite Cheraw, and entered upon a successful career as a planter. His first wife was a daughter of Col. Thomas Lide. The only surviving child of this marriage was the late Governor John Lide Wilson.^ The other children died young. Of Mr. Wilson's family by his second wife, Charlotte Hicks, account has been given. He was an active Whig, and prominently connected with St. David's Parish. His death took place in January, 1823, Mrs. Wilson following him in August of the same year. * Governor Wilson married, first, Charlotte, a sister of Governor Joseph AUstou. His second wife was a Miss Eden, of Philadelphia, a ward of Aaron Burr. 104 HISTORY OF THE OLD CHERAWS. Lemuel Benton emigrated from Granville County, Nortli Carolina, to Pedee. He settled in the neighbourhood of Major Kimbrough, and soon after married his daughter, an only child. The fruits of this marriage were four sons — John, Lemuel, Buckley, and Alfred. The daughters were, Clarissa, who married William L. Thomas ; Charlotte, who married Laurence Prince ; Grilly, who married Isaiah Du Bose ; and Elizabeth, who married George Bruce. Of the sons, John and Alfred died young. Lemuel came also to an untimely end. Buckley reared a family. The father, after- wards known as Colonel Benton, was a man of very strongly marked character, and will appear prominently hereafter. In 1766, the lands on which the present Town of Cheraw was built, were granted to Eli Kershaw. With a brother, Joseph, he set up a large trading establishment at this place. They removed, a few years afterward, to Camden, where the name has been well known since. William Henry Mills, an Englishman, came, about this time, to Pedee, and settled in the neighbourhood of Long Bluff. He was a physician, and a well-educated man, and for a time a prominent citizen. John Manderson lived in the lower part of what is now Chesterfield District, and was a man of large means. He left soon after this period. About this time came Samuel Wise. He emigrated from England to Charles-town, where he was residing as a mer- chant in 1766. A year or two after, he settled on the Pedee, on the east side of the river, a short distance below the State line. Mrs. Wise, who came with him, was a woman of marked traits. Their only child, a daughter, married Joseph Ball, from the lower part of Carolina. Samuel Wise was a man of high character, and took a pro- minent place in the public service. He removed, during the Revolution, to the Wateree, where he owned a valuable pro- perty. His career ended during the war. Henry William Harrington emigrated from England to the West Indies. After remaining a short time at Jamaica, he came to South Carolina, and settled on the Pedee. He took up his residence first on the river, opposite Cheraw Hill, but soon after went down to the Welch Neck. While HISTOKY OF THE OLD CHERAWS. 105 living there^ he married Rosanna, daiigliter of Major James Aiild, of Ansou Comity, North Carolina. The fruits of this marriage were, Rosanna, who married Robert Troy ; Henry William ;^ James Auld,who married Eleanor Wilson ; and Harriet, who married Belah Strong. In 1776, Mr, Harrington removed to Riehmond County, North Carolina, where he continued to reside thi'ough life. Of his name frequent mention will be made in connexion with his emi- nent public service, and devotion to his country.f Arthur Hart, a relative of General Harrington, emigrated, about the same time with the former, from England. He settled first in Virginia, and there married, remaining, how- ever, but a short time. From Virginia he came to Pedee, and settled on lands on the east side of the river, in the neighbourhood of the Welch Neck. His second wife was Elizabeth, a daughter of Rev. Robert Williams. This mar- riage took place in 1771. His third wife was Miss Irby, a sister of Colonel Charles Irby. The fruits of this marriage were three children, James, Mary, and Sarah. James Hart married Sarah Edwards, of whom were born two sons, James and Thomas Mary, the eldest daughter, married Richard Brockington. Sarah married Nicholas Rogers. James Hart died in 1797. Arthur Hart was a man of good property and high re- spectability. He was an ardent Whig, but died before the thickest of the strife, in 1777. J Samuel Bacot came to the neig'hbourhood of what is now Darlington District in 1769. His grandfather, Pierre Bacot, was a native of Rochelle, France, from whence he fled, with other Huguenots, in 1694, to Charles-town. Samuel Bacot married a ]\Iiss Allston, and with her brother, Peter Allston, came to the Pedee, settling himself on Black Creek^ not far * To Colonel H. W. Harrington, of Richmond County, the author is indebted for much interesting traditional matter, and for valuable manuscripts in con- nexion with the family and the Revolutionary era. f The larger part of the private journal and other papers of General Har- rington were unfortunately destroyed by the Toi-ies in one of their plundering forays to the neighbourhood of his residence. A few manuscripts of interest were preserved. X Arthur Hart owned the site of the factory near Society Hill, and was residing there at the time of his death. 106 HISTORY OF THE OLD CHERAWS. from the present village of Darlington. Mr. Allston soon removed to Waccamaw Lake^ North Carolina. Samuel Bacot was a man of energy, a useful citizen, and ardent patriot. The late Samuel Bacot and Cyrus Bacot, of Darlington, were his sons. William and Calvin Spencer emigrated from Connecticut to the Pedee a few years before the Revolution. William settled in Anson County, North Carolina, and rose to dis- tinction in that State. Calvin Spencer was an active Whig and useful man. Chesterfield was his permanent residence. About the year 1770, the name of Charles Augustus Steward, appeared on the Pedee. He married* a daughter of George Gabriell Powell, a name destined to become pro- minently connected with the early history of the Pedee. Captain Steward removed to the neighbourhoodf of Cheraw, where he became a prominent character, and continued to reside. John Mitchell was another name familiar at this period. He was a successful trader at Meldrum,J near Cheraw, but left soon after, and the name disappeared with him. His sympathies were not with his adopted country, and the dif- ficulty grooving out of this fact led to his removal. The tide of emigration was stopped by the troublous times immediately preceding the Revolution, and the trials of that struggle. Additions were made to the population on the Pedee after the establishment of peace, of which some account will be given. The history of our settlements has been brought down * This announcement appeared in the Gazette, Charles-town, June 27, 1769 : — "On the 15th inst., was married, Charles Augustus Steward, Esq., first Captain in his Majesty's 21st Regiment, to Miss Sally Powell, Daughter of George Gabriell Powell, Esq., of Prince George Parish." \ This was the plantation immediately below the town of Cheraw, and called Fairy Hill. X Of the locality of Meldrum, mentioned in the papers of the day as being " near the Cheraws," the author, after every effort, has been unable to obtain any information whatever, Mr. Mitchell is known to have owned lands and a plantation on Thompson's Creek. Meldrum was probably in this neighbourhood, and the name given to his place of residence. HISTORY OF THE OLD CHERAWS. 107 througli a period of ahoxxt thirty-five years, during wliich, with very varied and valuable elements, were laid the foun- dations of future growth and progress. The reader will now be carried back to take a survey of other matters of interest connected with this stage in the history of the Pedee. 108 HISTORY OF THE OLD CHERAWS. CHAPTER VI. Caucasian race progressive — Varied elements of population on Pedee — Anglo- Saxon predomiuant — First wants of settlers — Stock raising — Wild Stock — First markets — How reached — Other articles exported — Products of the soil — Indigo — Its culture and history — Trading establishments- Navigation of the river — Roads and early conveyances — Road districts established — Public ferry and its regulations — First grants of land — Reser- vations and taxes — Progress of the Province — Of this portion of it — In- crease of slaves — First settlements — Where made — Diseases — Long Bluff — Its history — Cheraw Hill — Its settlement — Planters' Club — MiUtia of Craven County — Justices of Peace — Social life — Religious element on Pedee — Growth of spirit of independence — Causes of it — Feeling towards Earl of Chatham by the colonies — His statue — Old medal — Its history — A Parochial organization at hand — The dawn of a brighter day for the Pedee. The history of the Caucasian or white race has been one of progress. Unlike other ancient and populous divisions of the family of man, which have never advanced beyond a certain point of improvement, not always remaining at that, this has never continued stationary. Much of course depends on the peculiar combination of the elements of which the white race is composed — leading either to a general deterioration, or to a people, in their diversity singularly fitted to advance in every department of human progress. Such is the Anglo-Saxon, which has been most remarkable in its developments, and is destined to fill so large and commanding a place in the latter stages of the world^s history. In the first settlements on the Pedee, extending through about one- third of a century, various types of race and cha- racter were represented. France, England, Wales, Ireland, Scotland, Germany, and the more northern provinces of America, whose inhabitants had been chiefly drawn from the same sources, all contributed in their measure — the Welch element preponderating in the central locality, and HISTORY OF THE OLD CHERAWS. 109 destined, as will be found, to give cliaracter to the commu- nities around it. With our early settlers there was every stimulus to exer- tion. Their fortunes were yet to be built up, ])ut little means, for the most part, having been- brought with them. They found in the fertile lands to whieh they eame, with rich pasturage and luxuriant forests, all that nature could provide for the supply of their first necessities,, and on the bosom of the river was presented an outlet for their multi- plying productions, as well as a channel of conveyance for ministering in turn to their increasing wants. Attention Avas first to be turned to their immediate necessities, and to the means of intercommunication with each other, and facilities for trade. Lands were to be cleared, enclosures made, and the soil developed. Already premiums had been offered by Government to encourage the cultivation of cer- tain crops, and a ready market on the coast aAvaited their superabundant stores. Some of those who came from the more northern provinces drove their horses, cattle, and hogs^ over land with them."^ Large numbers of wild horses and cattle in addition were found by the first settlers in the woods of Carolina. !Many were caught and domesticated, and stock-raising at once became a prolific source of wealth. Most of the early fortunes on the Pedee were made in this way. Energy, rather than capital, was required in the first instance, and but little labour demanded afterward. Everywhere in those days, on the hills and in the valleys, the best ranges were found, and it was only necessary to drive the stock from place to place in search of fresh pasturage, as the supply became exhausted. The numbers owned by single indi^d- duals, and thus driven about, were very large, almost incredibly so to those accustomed to the condition of things in this respect now existing in the older States. It was in this kind of life, habituated to the use of the saddle in the woods for days and weeks together, often in the dan- gerous adventures of the chase, that our early settlers became such expert horsemen, and so inured to expo- * Ramsay's " History of So. Ca.," vol. ii. p. 274'. 110 HISTORY OF THE OLD CHERAWS. sure and hardship as to meet successfully the extraordinary demands of that protracted struggle which was soon to overtake them. The wild stock was captured by the simple contrivance of a large and well-secured pen in the fork of two branches, or larger streams, into which the frightened and over- powered animal was driven. In some cases, where the branches were boggy, and could not be entered, a fence was built across, some distance above the point of junction, and this was the only enclosure required. Some of our smaller streams are yet found to retain the name, " horse- pen," indicating that they were made to subserve the pur- pose mentioned. The stock was driven to Charles-town and other places on the coast, as well as to more distant markets. Large numbers of cattle were sent from Pedee to Philadelphia."^ Pork soon became a valuable article of export. In the course of time, " Cheraw bacon " was destined to be famous in distant parts of the country. Lumber was also sent off in large quantities, saw-mills having been erected at different points soon after the first settlements. f The " Effingham Mills," in what is now Darlington District, are mentioned early, as well as others more imme- diately contiguous to the river. J * It is related of Malachi Murphy, who drove many beeves annually to Philadelphia, that on one occasion was a famous beast, called " Blaze Face," of great size and unusual sagacity, which he sold in Philadelphia. On the night of his return home to Pedee, and soon after his arrival, he heard the low of Blaze Face. He had escaped and followed close upon the track of his owner, swimming rivers and distancing all pursuers. Mr. Murphy drove him a second time to Philadelphia, and again he returned. Such a spirit was worthy of a better fate, but did not shield the bold rover. He was taken a third time to Philadelphia, and came back no more. This was related to the author by the late John D. Withirspoon, of Society Hill. ■f- The prices of some leading articles of trade in Charles-town at this period will give some idea of the remuneration received by the settlers : — (From Gazette of the day.) Nov. 1, 1739. Rice, Z2,s. to 33*. 9d. per cwt. Pitch, 40*. per cwt. Turpentine, 20s. per cwt. Tar, 30s. per cwt. Skins, l&s. to 19s. per cwt. Indian corn, 7s. Q>d. to 10s. per cwt. July 16, 1741. Rice, 3/. per cwt. Skins, 16s. Qd. per lb. Pitch, 55s. per barrel. Tar, 45s. per barrel. Indian corn, 30s. per bushel. Turpentine, 22s. Qd. per bushel. Indian Peas, 30s. per bushel. % The following notices, which appeared in the Gazette, Charles-town, a HISTORY OF THE OLD CIIERAWS. Ill Hemp and flax did not prove to be such profitable crops as the Welch at first anticipated, and were not much raised. Neither the soil nor climate were well adapted to their pro- duction. For hemp, particularly, very rich land, of a peculiar quality, was required. Wheat and corn were found more valuable, especially the latter. Indigo, how- ever, proved to be the most lucrative crop. The rich lands on the river were admirably adapted to its production, more so than those in the lower parts of the Province near the coast. "About the year 1745," we are informed, "the fortu- nate discovery was made that this plant (indigo) grew spon- taneously in the Province, and was found almost everywhere among the wild weeds of the forest." As the soil naturally yielded a weed which furnished the world with so useful and valuable a dye, it loudly called for cultivation and improvement. For this purpose, some indigo seed was imported from the French West Indies, where it had been cultivated with great success, and yielded the planters immense profit. At first the seed was planted by way of experiment, and it was found to answer the most sanguine expectations. In conse- quence of which, several planters turned their attention to its culture, and studied the art of extracting the dye from it. Every trial brought them fresh encouragement. In the year 1747, a considerable quantity of it was sent to Eng- few years after, will give some idea of the progress which had been made in this department of industrial enterprise : — - " Notice by John Manderson. " To be sold at Private Sale, the Subscriber's three saw-mills and grist mill on Big and Little Cedar Creek. 60,000 feet lumber have been carried by 2 hands on one raft to George-town — most populous part Cheraws District — 1 5 hands of the Chickasaw and English breed, « Sept. ntJi, 1777." " May 6t7i, 1778. Valuable Saw and Grist Mills on Juniper Creek, 4 miles below Cheraw Hill, with a bolting mill — also a bolting mill, distance 2 or 3 miles to Cheraw, where the Church is. " Timber may be rafted from pier head of lowest mill in small Kafts to the River, it being not more than 4 miles from the mill to the River down the Creek, and 3 by land, — where the rafts are joined to carry down to George- town, and has generally been done in Rafts containing from 30 to 40,000 feet in 5 days, the distance from George-town by land is 90 miles, — by Jacob Valk, Charles-Town." 112 HISTORY OF THE OLD CHERAWS. land, whicli induced the mercliants trading to Carolina to petition Parliament for a bounty on Carolina indigo. This petition from^the merchants was followed by another from the planters and inhabitants of Carolina. Accordingly an Act of Parliament was passed, about the beginning of the year 1748, for allowing a bounty of sixpence per pound on all indigo raised in the British American plantations, and im- ported dii'ectly into Britain from the place of its growth.'^ It was sent by oiu' farmers to Charles-town, and sometimes to London,t and occasionally to markets in the neighbouring colonies. The amount of indigo exported from South Ca- rolina, in 1754, was 216,924 pounds. J Fortunes were made rapidly by its cultivation. § It brought at one time from four to five dollars per pound. Traces of the old indigo vats are to be seen here and there on the Pedee. Its cultivation ceased about the close of the century, or soon after. Higher up the river, in North Carolina, it was followed by tobacco, which became the principal export, and, for a time, the chief circulating medium. || . Some of the first settlers established themselves as traders, chiefly on the river. Cheraw Hill, Long Bluff", and Hunt's Bluff" were points of note for trade. The navigation of the river commenced with the arrival of the colonists, as at Sandy Bluff", who are said to have come up in boats. As early as 1740, the na^agation was open from Cheraw down. There were serious obstructions, however, which became the subject of legislation in after years, and with the aid of individual energy and enterprise, were gradually removed. The subject of roads, bridges, and ferries claimed the early * Ramsay's " History S. C." vol. ii. pp. 138, 139. t The account sales of one cask intligo shipped to London from the Pedee in 1766, shows that it commanded 2*. 3d. per pound, amounting to 371. 4«. Sd. The bounty on it was 31. 12s. Ad. The total expense of the shipment from Charles-town was 31. 6s. M. X Ramsay's " History," p. 191. § As an illustration of the value of the crop, it may be mentioned that General Hari'ington sent three four-horse waggon loads to Virginia, and with the proceeds of the sale bought from fifteen to twenty negroes. II Where it was raised above the head of navigation on the river, tobacco was carried off to market in hogsheads, weighing from 1000 to 1400 lbs. The hogs- heads were strongly hooped, and with an axle and felloes of pine to prevent the middle from being injured, drawn by two horses. HISTORY OF THE OLD CIIERAWS. 113 attention of the settlers. Highways were to be established for travel and transportation. The first roads, rough cor- duroys, were just wide enough to admit the passage of a kind of vehicle common then, called a sled. It was of simple construction, but indispensable at that early day, when something better was not to be had. It required but two side pieces of oak, with the ends turned up in front, and confined together, about four feet apart, by cross pieces securely tenanted into them. Thus, rough-hewn and expedi- tiously put together, this simple conveyance was ready for use. With it, rails were hauled for fencing, wood for fuel, and logs and other materials for cabins. By the addition of a box for a body, the corn and other products of the field were carried to the barn, and families often to places of gather- ing. But these could not long continue to supply the growing demands of an advancing population. Better roads and better conveyances were to be provided. Accordingly, in 1747, we find the first effort made in this direction.* An Act was passed in that year by the Commons House of Assembly, of which the preamble was in these words : — " Whereas the Upper Settlements on Pedee, Waccamaw,- and Black Rivers are very extensive and remote from each other, by reason whereof it will be convenient to divide the same into several districts, under several sets of Commis- sioners, to the end that the making and repairing of high- ways and causeways in those parts may be better attended to and performed,^^ &c. It was accordingly enacted, " That the Parts situate upon or near to Pedee, Waccamaw, and Black Rivers,^' should be di\'ided into five districts. Of these, the third district was to embrace the settlements on the eastern side of Great Pedee River, extending from the Province line south-east- ward to Cat Fish Creek; and William Colt, William James, Abraham Col son, ^Nlalachi Murphy, and Jacob Buckholt, were appointed Commissioners of Highways for the said district. The fourth district embraced the lands " situate on the south-west side of Great Pedee River, from Lynchers Creek south-westward to the bounds of the Pi'ovince : and * " Statutes at Large of So. Ca.," vol. ix. p. 144. 114 HISTOEY OF THE OLD CHERAWS. James Gillespie, Francis Young, Jolin Dexter, Samuel De Sorrency, and Thomas Elleby, were appointed Commis- sioners/^ By the same Act, the Commissioners were directed to meet at such places in their respective districts as the majority should appoint, twice a year — viz., on Easter Monday and the first Monday in August, for the despatch of business. They were to establish ferries as well as highways. For some years after this, no further legislation was needed. It was not until 1768 that another Act was passed, establish- ing a public ferry " at the lands of James James, in the Welch Tract, on the South East side of Great Pedee River, in the Parish of Prince George, opposite to Cedar Creek, which is on the South West side of the said river, in the Parish of St. Mark, on the lands of the said James James, and to land on either side of the said creek ;" " the said ferry to be vested in the said James James, his heirs, &c., for the term of fourteen years.^^ The rates of ferriage were : " For every single person, one shilling and three pence ; for a horse and chair, or a horse and cart, five shillings ; for a four wheel carriage, with five horses, twenty shillings ; for neat cattle, ferried or swum, seven pence half penny in the current money of the Province." " All Ministers of the Gospel, all persons going to and from Church Service, and muster of Militia, and all persons in time of alarm, and all Expresses or Messengers sent in the service of the Government, and free Indians in amity with the Government,'''' were to be free from toll. " Abel Wilds, David Evans, James James, Alexander Mackintosh, John Kimbrough, Thomas Evans, George Hicks, Thomas James, and John Mackintosh, were ap- pointed Commissioners for laying out, making and keeping in repair, a road from the North-east side of the above- mentioned ferry, to lead down the country into the public road ; and likewise a road to lead from the upper side of the above-mentioned creek; and also a road to lea'd from the lower side of the above-mentioned creek, into the public road which leads down the country." This was the second Act passed on the subject of roads HISTORY OF THE OLD CIIERAWS. 115 and ferries for this part of the Province, and no other ap- pears for sixteen years following. Some of the earlier land grants contained several curious pri\ileges, reservations, and conditions. In a grant of land in the Welch Tract, dated 1750, after the usual form, 8cc., it is added ; " together with privilege of hunting. Hawking, and Fowling, in and upon the same, and all Mines and Minerals whatsoever ; Saving and Reserv- ing, nevertheless, to us, our Heirs and Successors, all white Pine Trees, if any there should be found growing thereon : and also Saving and Reserving to us, our Heirsand Successors, one-tenth part of Mines of Silver and Gold only.^' Also it was provided, that the grantees " should clear and cultivate at the rate of one acre for every Five Hundred Acres of Land, and so in proportion accprding to the quantity of Acres contained therein ; or, build a Dwelling House thereon, and keep a stock of Five Head of Cattle for every Five Hundred Acres, upon the same, and in Proportion for a greater or lesser quantity." It was also provided, that " on every Twenty Fifth Day of March, the said Grantee, his Heirs, &c., should pay to the Receiver- General of the ProAance, or to his Deputy, or Deputies, for the time being, at the Rate of Three Shillings Sterling, or Four Shillings Proclamation Money, for every Hundred Acres, &c." This was one of the tokens and acknowledgments of a subjection under which the Colonists had even now become restive. As a source of revenue to the Crown"^ simply, it was less objectionable. " Few countries,'^ it is said, '' have at any time exhibited so striking an instance of pu.blic and private prosperity as ap- peared in South Carolina between the years 1763 and 1775. The inhabitants of the Province were in that short space of * Tlie following is a specimen of the payment, by way of crown tax, thus required : — " South Carolina. " Received, the Thirteenth Day of August, in the year of our Lord one Thousand seven Hundred and Sixty four, of Philip Pledger and Jesse Councill, the sum of Ten pounds, sixteen shillings, Proclamation money; being for Eighteen years quit-rent due to the Crown, the Twenty Fifth Day of jNIarch last, for Three hundred Acres of Land held'by them, and situated in Craven County. I say, received for the use of his Majesty, by " Alex. Mackintosh, " £10 16*. Od." " Deputy Receiver. 1 2 116 HISTORY OF THE OLD CHERAWS. time more than doubled. Wealth poured in upon them from a thousand channels. The fertility of the soil gene- rally repaid the labour of the husbandman, making the poor to sing, and industry to smile through every corner of the land. None were indigent but the idle and uofortunate. Personal independence was fully within the reach of every man who was healthy and industrious. The inhal^itants, at peace with all the world, enjoyed domestic tranquillity, and were secure in their persons and property. They were also completely satisfied with their Government, and wished not for the smallest change in their political constitution."^* This glowing account of the general condition of the Pro- vince was literally true of the upper parts of the Pedee. Nowhere else were the leading elements of prosperity more vigorously operative. As an illustration of the pro- gress made by the settlers in these parts in manufactures, the following extract will suffice. It appeared in the Gazette, Charles-town, Dec. 22, 1768. "A gentleman of St. David's Parish, in this Province, writes to his correspondent in Charles-town : ' I expect to see our own manufactures much promoted in this part of the Province. I send you some samples of what hath been already done upon this River and in this Parish, The sample of white cotton was made in the proportion of twelve yards to one pound of cotton. Hemp, Flax, and Cotton may be raised here in any quantity ; as to wool, one cannot have much of it.' " To this, the Editor of the Gazette added : — " The num- ber of samples mentioned above is eleven, which the curious may have an opportunity of seeing, by enquiring of any one of the young men, at the Great Stationery and Book Shop."'' Where, or by whom, these samples were produced, is not known. Cotton was not much cultivated for many years after this. Another notice appeared in the Gazette of March 2, 1769, to this effect :— " Many of the Inhabitants of the North and Eastern Parts of this Province have this winter clothed themselves in their own manufactures ; many more woidd purchase them if they could be got, &c." * Ramsay's " History Revolution in So. Ca.," vol. i. p. 7. HISTORY OF THE OLD CIIERAWS. 117 Ouc of the drawbacks experienced, was iu the droughts which sometimes prevailed for months together, and with great severity. This was the case in 1752, and again in 1769, as was stated in the Gazette of July 5th of that year, viz. : — " That there was a great drought in the Pro- vince, and to the North-Eastward, as far as Virginia — none such having been known since that of 175.2. Drivers of cattle to Charles-town have to dig fifteen feet for water." Mention has been made of the increasing number of slaves. This began to be the case almost immediately after the first settlements. The prices paid about this time indicate the extent of the demand. In 1762, a woman, with two chil- dren, a girl and boy, sold for 477 pounds current money. In the following year, the same prices were given. Some of the first settlers brought their slaves with them. The labour of the negro was found to be indispensable on the river low-lands to which the first clearings for a time were almost exclusively confined. The first settlements were for the most part made immediately on the banks of the river, at elevated points, where good springs of water were to be found. Such a position experience has proved to be healthier than the intermediate swamps between the river and the high land, or even than the latter, when contiguous to the swamps. At first the emigrant from more northern latitudes, or healthier climes, did not experience any serious effects from a residence in the miasmatic regions of the south. It was only after the clearings began, that diseases appeared, except the fever and ague, Avhich Avere known from the first. This, however, was more troublesome and enervat- ing than dangerous. When openings were made, and the rich alluvial soils and stagnant waters became exposed to the sun, the inhabitants began to suffer more severely from bilious and other more fatal forms of fever. The planters were consequently driven from their swamp homes to healthier localities. In addition to all this, it is a well-established fact in the history of the diseases incident to rich alluvial bottoms, that a season marked by certain atmospherical changes, or other unusual atmospheric phenomena, may give rise to types of fever of the most malignant character. During the months 118 HISTOEY OF THE OLD CHERAWS. of June, July, and August, 1752, the heat in Carolina is said to have been oppressive to a degree never felt before."^ Such seasons, doubtless, had much to do, when recurring, with changes of residence. The removal of the planters from the east side of the river in the Welch Neck formed the germ of a settlement at the Long Blufff on the west, in what is now the District of Darlington. As early as 20th Dec, 1748, Saml. Wilds, who had settled a little below on the opposite side of the river, petitioned Council " for 100 acres of land across Pedee, stating he was a settler in the Welch Tract, on lands he purchased about five years ago, which is low and often overflowed — that there was a Plot of vacant land opposite his across the Eiver Pedee, which was high land, and which, for the health of his family, he desired to settle." His petition was gTanted. The land here referred to is situated a little below the Long Bluff. To this period we may refer the beginning of the community at the latter point, which continued to increase, with accessions to its population from other quarters. In a few years it became a place of some importance. It had the advantage of being central and accessible. It was immediately on the river, and though exposed to the miasma from the extensive sAvamp across, continued for many years to be comparatively healthy. The public highway leading from Cheraw HiU to George-town passed near it. J The settlement at Cheraw Hill also continued to advance for the like reasons in part, but chiefly because of its note as a point for trade. Being at the head of navigation on the river, with an extensive and fertile country to be de- veloped^ and mainly dependant on it for supplies, its location was peculiarly advantageous. The land on which the town is built was granted to Eli Kershaw in 1766. About the same time it was laid out by the Kershaws,§ * "Ramsay," ii. p. 179. f So called from its being one of the longest bluffs on the river, extending without break for about three miles. X The Cheraw and Darlington R. R. runs for a short distance along this old track, from a point opposite Long Bluff", up. § The following notice, which appeared in the Gazette, Charles-town, shows that the Kersliaws left a few years after this : — HISTORY OF THE OLD CHERAWS. 119 Eli and Joseph, with others. It was a few years after, proba- bly in 1775 for the first time, called Chatham, in honour of the first Earl of that name, which it bore until its incorpo- ration long afterward. It did not advance much in growth, but few families being attracted to it as a place of residence. As late as 1 792 it is said to have contained not more than a dozen dwelling-houses. Among other signs of progress was the formation, as early at least as 1768, of the "Planter's Club,'' or " Society," as it was otherwise called. It was often alluded to in a private journal of the time, and is supposed to have em- braced the principal planters on the river above the Welch Neck. It was probably formed for social purposes chiefly, after the manner of the " Clubs'' which had been in existence before, and were then so well-known in the lower parts of the Province. Committees were appointed for the transac- tion of business, and meetings frequently held. On one occasion — an anniversary, perhaps — a sermon was preached before it by the Rev. Nicholas Bedgegood. It continued in existence until the Revolution. Not much attention had yet been paid to military mat- ters in the interior of the Province. A small banding together of neighbourhoods against the Indians, appears to have been all that was demanded. George Pawley was Colonel of the Craven County Regiment in 1744. Soon after this militia companies were formed in the upper parts of the Pedee. Philip Pledger was commissioned Captain « Sale. " 1774. On Wednesday, the 16th day of Nov. next, and the following days, at the Conrt House, at Long Bluff, will be sold, " That valuable Plantation, called Liberty Hill, and all their other Lands, at and near Cheraw Hill, on Pedee River, together with their Store Houses, Mills, remaining stock of store goods, and about fifty valuable negroes, employed in carrying on their business at Chatham, under the firm of Eli Kershaw and Co. The whole being to be sold in order to make a final settlement of the copartner- ship which lately subsisted between the subscribers. Twelve months credit will be given, if required, upon all sums above one hundred pounds, on paying in- terest from the day of sale, giving such security as shall be approved of by " Joseph Keesiiaw, " .John Chesnut, " Eli Kershaw, " William Ancrum, " Aaeon Loocock." 120 HISTORY OF THE OLD CHERAWS. in his Majesty's Service in 1756. George Hicks and Thomas Loyd were Captains in 1762^ and Alexander Mack- intosh in 1765. In January 1748 the Craven County Regiment consisted of 1200 men. The first General Militia Review for the upper Pedee was ordered in 1759 by George Pawley, Adj*- Gen'v, beginning with George-town^ Oct. 4th ; Mars Bluff, Oct. 11th, and Westfield on Pedee* Saturday, October 15th. The only military organization in the Province prior to this time, and going back as far as 1703, consisted of companies, battalions, and regiments. The Act of 1747, which was continued by Act of 1753 for two years, and revived and continued by Act of 1759, pro- vided for the calling and assembling of all persons from six- teen to sixty years of age, and to be formed into companies, troops, and regiments. It was not until 1778 that brigades were established. The earliest list of Justices of the Peace, embracing the upper part of Craven County, appeared in 1756, when George Hicks and Abraham Buckholts were appointed. In 1761 Alexander Mackintosh was added, and in 1767 Claudius Pegnes. A generous hospitality and unrestrained social intercourse were strikingly characteristic of this period. The sparse- ness of the population and the few public occasions which there were to bring the people together, made our early settlers more dependent on each other for whatever of pleasure and excitement social intercourse could afford. Hence, every house was open. A cordial greeting awaited the visitor. He might prolong his stay without danger of becoming an annoyance. A social bore was scarcely known. The news, from whatever quarter, when it reached the settlements, was thoroughly discussed and well digested. As we look back upon them from a more conventional age, we are tempted to exclaim, Happy were the days of which so much in this respect could be said. It was fortunate for the healthy progress of the settlements on the Pedee, that in the central and most important of them all, the religious element so largely prevailed. * This was near Cheraw Hill. HISTORY OF THE OLD CHERAWS. 121 There the simple and unobtrusive, yet sturdy and manly virtiies which the Welch Christians brought with them, were found in active operation. How much, in the end, other neighbouring communities were indebted to their sahitary induence, it would be difficult to estimate. That they continued to operate, and to form a public sentiment of a sound and elevated character, there is abun- dant evidence. And in this, as in the virtuous influence brought to bear upon the mingled elements of population from whatever sources entering in, was found the germ of that steady intellectual and moral advancement, of which the happiest indications afterward appeared. Even the troublous times of the Revolution could not altogether repress this spirit, as will be found in tracing the subsequent marks of its progress. Another feeling, however, was now beginning to take possession of the hitherto peaceful dwellers on the Pedee. Attached as the people of the Province had ever been to the Crown, they still rejoiced in their connexion wnth the Mother Country, and in being subjects of the same king. Up to this time there had been no special cause, except the want of courts of their own, for dissatisfaction with the Royal Government on the part of the people of Carolina, as was the case in some other of the colonies. Though essential changes had been made in the commercial system of the colonies for preventing a contraband trade with the French and Spaniards, and for enlarging the powers of the Courts of Admiralty, creating great uneasiness in some parts of the continent ; the Carolinas, whose commerce was carried on agreeably to the British laws of trade and navigation, were very little aflPeeted by these innovations. Until the accession of George III., Great Britain, in time of war, had been in the habit of making requisitions for supplies to the Provincial Assemblies. These were so liberally granted by many of them, and particularly by that of South Caro- lina, that the Parliament of Great Britain had sometimes reimbursed them for their extraordinary expenses.* Some of our wealthier planters had been in the habit of * Ramsay's " History Revolution in So. Ca.," vol. i. p. 9. 122 HISTORY OF THE OLD CHERAWS. sending their sons abroad to be educated. As a whole j the colonists were as loyal as any of the subjects of the Crown at home. But^ in 1763, when the scheme of an American revenue was laid before Parliament, to be col- lected in the colonies without the consent of their local legislatures, the first shock was given to that loyalty which had never before been seriously disturbed. How that first shock soon after settled down into a feeling of dissatisfac- tion, which continued to increase, with an occasional strug- gle of the old attachments of birth and association, and at length attained complete ascendancy, are among the records of history. The people on the Pedee, from the first, par- ticipated deeply in the feeling of resistance against that, which in common with their countrymen elsewhere, they regarded as the encroachments of oppression at the expense of that well-regulated liberty which they had been accus- tomed to enjoy. They were, moreover, active and stead- fast throughout the great controversy and struggle which were at hand. As yet, they could scarcely be said to have a voice of their own in the Provincial Assembly, where the first notes of opposition were to be heard. Though nominally em- braced in parochial organizations, which were influential, they were virtually unrepresented. But little intercourse had yet been established with the parishes lower down ; and no member of Assembly had appeared from the Upper Pedee. For this and other reasons, much anxiety was felt to have a distinct organization of their own, through which their sentiments might become known, and their influence be felt beyond the boundaries of their settlements, which were remote, and, as yet, comparatively unknown. One relic remains, identifying them with the general feeUng which pervaded the people of the Province at this period — a relic connected with the immortal Pitt. It was after the repeal of the " Stamp Act,'-' when the difficulty with the Mother Country was thouglit for a time to have been happily adjusted, that so large a debt of gratitude was felt by the colonists to be due to Lord Chatham, the fearless and eloquent defender of the opjaressed people of America. In Great Britain, the repeal of the " Cider Act " helped also HISTORY OF THE OLD CHERAWS. 123 to swell the feeling of enthusiasm which moved the hearts of that great people. In the South Carolina Gazette and Country Journal, of Charles-town, July 22nd, 1766, appeared this item of news from the British correspondent : — '' There is a handsome medal struck and distributed, about the size of a crown- piece, on which is the head of Mr. Pitt, with his name ; and for the reverse, the following inscription: 'The Man, who, having saved the Parent, pleaded with success for her cliildi It was also added : " A great number of rings, set with the head of Mr. Pitt, is intended to be sent, as presents, to some of the princijial merchants in America, by their correspondents in this country." One of these medals was found a few years since in an ancient clearing"^ at Cheraw Hill, in a good state of preservation. It is a handsome piece of work, the face being well executed, with the inscription, " Gulielmus Pitt ;" and on the reverse the words akeady quoted. The repeal of the Cider and Stamp Acts, in which Pitt took so prominent a part, produced a general and extra- ordinary outburst of enthusiasm. " The Irish," it was said, in the Account already noticed, " are going to erect his Statue in every City in the Kingdom, as the Man who first saved the Mother, and after that her children, from ruin V allud- ing to Great Britain and the colonies. Statues were ordered * It was picked up by a child on the surface in an old field near St. David's Church, and given to the author. No clue was found as to its history, until the account of it was met with in the old Gazette. The woodcut annexed represents it correctly. THE MAK WHO -HAVING SAVED THE parent-pleaded! ),WITI1 SUCCESS FOR HER J/ .CHILDREN. 124 HISTORY OF THE OLD CHEKAWS. " this year by tlie Commons House of Assembly of Maryland to the honour of this noble defender of the rights of man. The Assembly of New York also ordered an elegant statue of brass from England. " They have also ordered/^ it was said, " that a piece of Plate, value 100 pounds sterling, be presented to John Seargant, Esq., of the City of London, with the thanks of the House, for his having cheerfully undertaken at their request, and to their great satisfaction faithfully discharged, the trust of special agent, and liberally declined any allowance for his trouble. June 30th, 1766.'^ The language inscribed on the medal appears to have been quite in vogue at the time. In the Gazette of July 8th, of the same year, it was said : " In the House of Commons, the entire illegality of General Warrants, was determined 25th April, even without a Division ; upon which occasion, that great Man, ' who saved the Parent, and pleaded with success for her chil- dren,^ exerted himself in a remarkable manner." Occa- sionally the British papers contained happy hits at the opponents of American Bights, of which the following was a specimen : — " London, March 1. " Intelligence extraordinary. " A person of considerable eminence is said to be pre- paring the heads of a bill, to be laid before a great, august Assembly, in which, among other things, it will be proposed to be enacted, that no American shall presume to eat, drink, or sleep for the space of one whole year." The feeling in Carolina, after the repeal of the Stamp Act, was intense. A marble statue of Pitt was ordered from England, to be executed in the highest style of art. When received in Charles-town, the enthusiasm of the people knew no bounds. The principal men of the city, unwilling for the precious burden to be borne by other hands, drew it themselves, amid the firing of cannon and other demonstra- tions of admiring affection, to the spot selected for its erec- tion, the intersection of Broad and Meeting streets. The subsequent history of this statue was remarkable. The HISTORY OF THE OLD CHERAWS. 125 right arm J raised in eloquent attitude, was shot off Ijy a cannon-ball discharged from a British Fort on James Island, during the siege of Charles-town, in 1780, And such is the fickleness of popidar feeling, that a few years after, the ex- citement against the son of Mr. Pitt, who was then direct- ing the war against France, was as great with some at the South as it had been enthusiastically warm for the father. In consequence of which, it is said that the statue in being taken down for a change of place, was allowed to fall, and in its broken and mutilated state put away among some old rubbish, where it remained for years uncared for and forgotten.* Until, at length, the noble impulse that had prompted its execution in the first instance, once more attained the ascendancy, and the valuable relic was carefully placed where it now stands, in front of the Orphan House in Charleston, an ornament to the city which shoidd hold it dear to the latest generation. Such had been the progress of the settlements on the Pedee in all the elements of prosperity, that a distinct organization of their own, the want of which had been long felt, was now imperatively demanded. And happily for them, their claims in this behalf, could no longer be over- looked. It will be seen how a new impetus was thereby given to their hitherto steady progress, and an opportunity afforded them of taking their proper place in the affairs of the Province, to the advancement of which, in their mea- sure, as good citizens, they had faithfully contributed. The time withal was at hand, when their voice was of right to be heard; and their efforts, as an organized body, to be acknowledged, who, having once been as loyal as any otiier subjects of the British Crown, were now to be as prompt and decided in throwing off the yoke which a mis- guided government, as an unnatural parent, would fain have put upon them. * Drayton's " Memoirs," v. 1, p. 60, and note, giving an interesting account of this statue. 126 HISTORY OF THE OLD CHERAWS. CHAPTER VII. Judicial history — Only Courts held in Charles-town — Evils resulting — Lynch law — Disturbances in North Carolina — Similar troubles in this Province — How remedied by the people — Regulation movement — First expression of the popular voice by petition for Circuit Courts — Action of Council thereon, and of Commons House of Assembly — Nothing done — People discouraged and disaffected — Acts of Regulators — Government alarmed — Accounts from Back Country — Proclamations of Governor to quiet disturbances — Furtlier accounts from interior — Action of Council — Legal proceedings instituted — Disturbances continue — People await the fate of Circuit Court Act — Disturbances in neighbourhood of Mars Bluff — Colonel Powell — Companies from Long Bluff — Accounts of the conflict — Its end — Govern- ment alive from the first to the serious nature of the troubles — Regu- lators meet — Account of them — New election of Members of Assembly ordered — General meeting of Regulators — Precautions to preserve quiet at elections — Assembly meets — His Excellency's address — Assembly's reply — Domestic manufactures — Efforts to promote them — Subscription in St. David's — Assembly espouses cause of colonists — Concluding reflections. Toward the close of the period of which some account has been given, events were transpiring, important beyond all others in their bearing upon that decisive change which the conflict with the Mother Country was soon to bring about. An alarming state of affairs had existed in the interior and more remote parts of the Province. Prior to the year 1769, the General Court was holden in Charles-town. This had supplanted the County and Precinct Courts which were ap- pointed in 1725 ; and being the only Court of Criminal and Civil jurisdiction in the Province (except the Courts of Jus- tices of the Peace, which had jurisdiction in all civil causes as high as twenty pounds current money), great oppression and inconvenience were felt by the people living remote from the seat of justice — by parties, witnesses, and jurors, who were obliged to attend the court ; and especially by suitors and prosecutors, who were often worn out by the law's delay, insulted by the insolence of office, and ruined by costs and expenses, most unreasonably incurred and HISTORY OF THE OLD CHERAWS. 127 cruelly exacted."^ The delay of suits, in many cases, in consequence of the distance from Charles-town, was very gTeat, and tlie cost and inconvenience of such attendance exceedingly burdensome and detrimental. The business of the Provost Marshal was much too extensive to be duly executed, and his fees, by reason of the extent of his office throughout the Pro\ince, often more than half the amounts sued for. The expense of recovering small debts frequently exceeded their whole sum. In consequence of this state of things, numbers of people, it is said, were deterred from becoming inhabitants of tlie Pro\inee, and many large and valuable tracts of land continued to lie uncultivated, to the injury of the public revenue and the trade with Great Bri- tain. And yet greater evils prevailed, so as seriously to affect the inhabitants of the interior, because unprotected to a great extent in their j)ersons and property by the strong arm of the law. They were too remote to think of carry- ing thieves and other offenders, excejjt in extraordinary cases, to Charles-town. , Hence the most unhappy facilities were afforded to the worst classes of people to escape the punishment due to their crimes, and the payment of their just debts. This state of things drove the inhabitants of the middle and parts of the upper county, then the frontier settlements, into the most disorderly and violent measures. The laws, which were found ineffectual to restrain and punish horse thieves and other notorious offenders, were also disregarded by good and honest men, who undertook to do themselves justice, and to punish the guilty by arbitrary measures. The authority of the civil magistrate was held in contempt, because insufficient for the maintenance of order and the regular execution of the laws. Some efforts were made to repress these disturbances, but they were found unavailing.* The evil, which had been of long standing and grow^n with the increase of population, at length became iutoler- * Introduction to Brevard's "Digest," vol. i. p. 14. Tliis introduction is of great value in connexion with the Judicial History of this period. Though brief, it is a very able and comprehensive exposition of those evils which drove the people to desperation, and of the changes imperatively demanded, t Brevard, vol. i. p 14. 128 HISTORY OF THE OLD CHERAWS. able. Such was the distance to Charles-town, the seat of justice ; such the difficulty, nay, the impossibility in most instances, of securing the attendance of necessary parties, and the great expense withal, that redress was literally out of the question — redress according to the forms of law. This, indeed, has been the case in the first settlement of all our western states at later periods.* To increase the diffi- culty in Carolina, a certain class of offenders now abounded. There was a floating element — men of lawless character, who lived by their wits, and infested every community. Horse thieves and negro stealers, highway-robbers and abandoned trespassers had to be dealt with. Signal and summary punishment, though often demanded by the atrocious cir- cumstances attending particular cases, was not to be had according to the established course of justice. However heinous their offences had been, criminals could not ordi- narily be brought to a legal condemnation. They came in strongly organized bands, and by their mutual support, false swearing, and intimidation of prosecutors, either caused the law to be ineffectual, or the guilty entirely to escape. Having in vain sought relief from the Government, the vir- tuous inhabitants had but one alternative left — to take the administration of remedial measures into their own hands. They called themselves " Regulators f and thus ^^ Lynch law'^ had its origin at this period. The Regulators consisted of respectable planters and others, who demanded a better system for the more regular, equal, and vigorous, as well as prompt administration of jus- tice.f Such was the character of the actors, and of the movement made on the Pedee. The Regulators maintaiued for some time a vigorous and effective organization, not abusing the powers they assumed, or exercising them beyond the exigences of their- unhappy condition. On the other hand, the Government, instead of giving ear to their timely and respectful complaints, and providing some redress, em- ployed as instruments to subdue the spirit of rebellion, as it * Remarkably so in Texas, where the history of Lynch Law, or the Regu- lators, has been one of a peculiar and most in^itructive character. + Brevard's " Introduction," p. 14. HISTORY OF THE OLD CHERAWS, 129 was called, and enforce the existing system, men of little or no character or respectability, the obsequious tools of those iu power, who abused their authority and fattened on the general distress. This was more or less the case in all the interior parts of the Province, and especially in the western district, where a man of low character, named Scovill, was employed to enforce the law among the self-constituted Regulators."^ In executing his commission he adopted very severe measures, and came into serious collision with num- bers of the better classes among the people, involving mul- titudes in great distress. All this led, in that part of the Province, to very grave difficulties and disturbances at the commencement of the Revolution. In Xorth Carolina also serious troubles now existed. The first complaints there arose from oppressive exactions laid by government officials in the shape of exorbitant fees and otherwise upon the people. As early as 1766, these disturbances, beginning iu Gran- ville, extended into Orange and Anson Counties. Up to April, 1768, those who had taken part in these proceedings in North Carolina were designated by the appellation of the '' Mob,"" and seem to have adopted it themselves. On the 4th of April they changed it to that of " Regulators. "f Oppressed with the malpractices of some avaricious indivi- duals, they forcibly opposed the administration of civil government under the officers of the Crown. These insur- gents, though numerous, being undisciplined, and for the most part without arms, were easily dispersed by Gov"*- Tryon at the head of the incorporated militia of the country. Some of their leaders were killed in action, others were hanged, and all of them were involved in distress. J Three hundred of their number were left dead upon the field. It might have been expected that those in either Province, who were thus ready to resist the constituted authorities, on account of oppressions, or to take the law into their own hands in order to bring the guilty to condemnation, would * Ramsay's " History of Revolution in So. Ca.," vol. i. p. t Martin's " History of No. Ca.," pp. 215-217. J " Ramsay," vol. i. p. 213. 130 HISTORY OF THE OLD CHERAWS. be true to their country in the great conflict then approach- ing. These were in reality the first revokitions in America,* and those who assumed therein the attitude of open resis- tance were the first rebels. But, disappointing public ex- pectation, many in North Carolina afterwards joined the royal party. As it was with those between the Broad and Saluda Rivers in S°" C' who came in conflict with Scovill, having suffered so severely for opposing regular government, they could not be persuaded afterward to co-operate with their countrymen in the support of congresses and committees raised for purposes of resistance.f And thus, a spirit true to the instincts of liberty in the inception of the struggle, though to some extent misguided, was crushed by the dis- asters it encountered, and turned at last against that cause which it might so nobly have sustained. Such, however, was not the history of the Regulation Movement on the Pedee. It began not so much in the shape of open resis- tance or opposition to Government, as in the assumption of authority within certain limits, which the best citizens deemed essential to the public welfare and to individual safety. The most respectable and influential inhabitants were found chiefly on the river, where the first settlements were made, and these were all united in their respective neighbourhoods, as committees of vigilance, for the detection and punishment of offenders. With them no stigma attached to the name of Regulator. They were actuated by good motives, and only sought to effect, by a summary process of their own, what the law, as then administered, had signally failed to accomplish. Violent measures were only resorted to as a temporary expedient. Under the extraordinary circumstances of the time, the course of these Regulators cannot be condemned. It furnishes, however, no precedent for a similar line of conduct in others who live in a more advanced and better regiilated state of society, with the important privilege, moreover, of courts of their own, which to our early settlers was denied. * Sabine's " American Loj'alists," p. 27. t Ramsay's "Revolution in So. Ca.," vol. i. p 1.64. HISTORY OF THE OLD CHERAWS. 131 The position taken by tlie Regulators on the Pcdce, and the conflicts to which it led with the royal authority^ un- doubtedly nursed the spirit of liberty^ preparing the way for that early and bold declaration of their rights, as well as for those heroic sacrifices and unflinching struggles in the cause of independence^ for which the Whigs of the Old CheraATS Avere to be afterward distinguished. The fii'st expression of the popular voice, with reference to the evils of which we have spoken, is found in the records of the Upper House of Assembly, or Council, March 16th, 1752. On that day, this entry was made : — " Eead the petition of the Inhabitants on Pedee River, about the mouth of Lynchers Creek, Humbly setting forth : That the Humble Petitioners reside in the remotest parts of this Province, having 200 miles to travel to the seat of Government ; and that trade and commerce among us are greatly obstructed for want of a County Court appointed to hear and deter- mine all causes, as well civil as criminal, in the same manner as every Court in each Province to the Northward, has power to hear and determine all such causes. We find the frontier here to be a place of refuge for many evil- disposed people and those of the meanest principles, crowd- ing in amongst us — such as Horse Stealers and other Felons, having made their escape from North Carolina, and other parts — others cohabiting with their neighbor's wives, and living in a most lascivious manner, while we have no way or means to suppress them. We therefore humbly pray, that an Act be passed, dividing Craven County ; and that that part from the mouth of Lynchers Creek upward, to the extent of this Province, on both sides of Great Pedee River, bounding Southwardly by Lyncher's Creek, Northwardly by the Province line, which we pray may be fui'ther extended ; and likewise by a North line from oppo- site to the mouth of Lynchers Creek to the Province line — be one distinct County, in which we may have twleve or more Justices appointed and authorised, without fee or reward, to hear and determine all causes, as well civil as criminal, without having their jurisdiction limited — any person supposing himself aggrieved, to be redressed by ap- pealing to a Superior Com-t in Charles-town. We likewise K 2 132 HISTORY OF THE OLD CHERAWS. humbly pray, that in consequence of the great expense which our County will be at in building a Court House, prison, pillory, and stocks, we may be exempt from paying such public taxes for some few years, as in your wisdom you shall think tit. And your Petitioners, as in duty bound, &c., " John Crawford, " Owen David, " Wm. Summer, " And about 60 more subscribers/^ * This timely and earnest appeal could not be altogether slighted. The better classes of people were groaning under the evils of which they here complained. " The said Petition," as the Records of Council further inform us, " being considered ; it was Ordered, that the same be sent down to the Commons House of Assembly by the Master in Chancery." On the following day, the House " Resolved to appoint a Committee to take the same into consideration, consisting of Mr. Trapier, Mr. Powell,t Mr. Lynch, Mr. Dart, and Captain Buchanan." On the 22nd of April, the Committee reported, " That they have, pursuant to the Order of the House, examined the matter of the said Petition ; and are of opinion, that it will be no wise to the advantage of the Petitioners to have the County of Craven divided, as prayed for by their Petition, — because there is no town or other place proper for holding Courts of Judicature in that part of the Country which the Petitioners pray may be established a separate and distinct County. But the Committee are of opinion, that it is absolutely necessary that a Court be established, to be holden at George-town, Winvaw, in the * From two of the names subscribed to this petition— viz., John Cra.v ford and OweQ David, it is manifest that the petitioners were not confined to the country about the mouth of Lynche's Creek, but extended mucli higher up the river. The distance stated to the seat of Government (Chark's-town) being double the distance from Lynehe's Creek, vvoiikl also indicate that the more remote parts of Craven County were actually embraced in those taking an active part in the movement. ■f This was George Gabriell Powell, a member from Prince George, Winyaw, with whose name we are to become so familiar, as connected vvith the region •ibove. HISTORY OF THE OLD CHEllAWS. lo6 said Couutj'^, for hearing, trying, and determining all actions, causes, and crimes whatever (capital crimes ex- cepted), that may arise or happen in the said County ; And humbly recommend that a bill be brought in for that purpose, and that a Message be sent to the Governor by this House, to desire that his Excellency will be pleased to appoint Justices of the Peace in that Part of the Province, agreeably to the prayer of the said Petition." This Report was read, considered, and duly agreed to by the House ; and a Committee appointed to prepare and bring in a Bill for establishing Courts of Justice at George-town, in Craven Coimty, and at Beaufort, in Granville County. A Message was also Ordered to be sent to his Excellency, requesting him to appoint Justices of the Peace in the distant Parts of the Province. And thus the matter ended, except that additional Jus- tices of the Peace were appointed. But their powers were too limited to afford such relief as the inhabitants de- manded. Ko distinct county organization, such as was prayed for, being provided, the consequence was they were deprived of whatever benefit even a County Court of in- ferior jurisdiction would have brought with it. No court was established at George-town, as recommended by the Committee. The Representatives of the people felt the necessity of such measures, but the Government, actuated by a most mistaken policy, was unwilling to lend any en- couragement. The inhabitants were consequently forced, either to sub- mit to the grievous delay and ruinous expense of prose- cuting their claims there, and carrying criminals to Charles-town, or to take the redress of their grievances into their own hands. Finding their efforts for relief in- effectual, they appear to have made no further attempt in that direction for years to come. In the meantime the evils of which they had complained continued to increase, and at length become insupportable. The Provincial Go- vernment, reflecting the wishes of that of the ]\lother Country, was unwilling, as will be found in thte sequel, to establish Courts in the interior. These once secured, other privileges, it was thought, would be demanded, gradual en- 134 HISTORY OF THE OLD CHERAWS. croachments be made on the established order of things^ the influence of the Government in Charles-town lessened, and by degrees the way prepared for the spirit of liberty, and the assertion of their rights by the people of Carolina. It was a short-sighted and fatal policy. For the people who were thus aggrieved began to feel at length, that those who ought to have been most deeply alive to their sufferings, and who had the power to give redress, were willing to sacrifice them, if need be, to the interests of the Crown. Of the history of the efforts made by the back settlers, during the nearly quarter of a century which followed before they became their own masters, to rid themselves of the e\als mentioned, no record remains. The earliest account left to us was of a similar state of things in another part of the Province. In the Gazette of May 26th, 1767, ap- peared the following extract of a letter from Pine Tree Hill (Camden), dated May 14th, 1767 :— " On the 6*>^ in^*, a number of armed men, being in search of Horse Stealers, robbers, &c., discovered a parcel of them in camp on Broad River, where an engagement soon ensued, and the Thieves Were put to flight ; and though none of them were taken, it is reasonable to suppose, from the quantity of blood on the ground, that some of them were killed. They left behind them ten horses, thirteen saddles, some guns, &c.^'' This was but the commencement of troubles. The great evils complained of began to appear in a thoroughly orga- nized, and, to the Government, very alarming form. The Gazette of July 27th — August 3rd following, made this statement : — " The gang of Villains from Virginia and North Carolina, who have for some years past, in small parties, under particular leaders, infested the back parts of the Southern Provinces, stealing horses from one, and selling them in the next, notwithstanding the late public examples made of several of them, we hear are more formidable than ever as to numbers, and more audacious and cruel in their thefts and outrages. 'Tis reported that they consist of more than 200, form a chain of communication with each other, and have places of general meeting ; where (in imitation of Councils of War) they form plans of operation and defence, and (alluding to their secrecy and fidelity to each other). HISTORY OF THE OLD CIIERAWS. 135 call their places Free Masou Lodges. Instances of their cruelty to the people in the back settlements, where they rob or otherwise abuse, are so numerous and shocking, that a narrative of them would fill a whole Gazette, and eveiT reader with horror. Tliey at present range in the Forks between Broad, Saludy, and Savannah Rivers. Two of tte gang were liauged List week at Savannah, viz., Lundy Hr.rt and Obadiah Greenage. Two others, James Fergu- son and Jesse Hambersam, were killed when these were tiken.^' Soon after this, other alarming accounts reached Charles-town from the interior, for the back settlements vere now in a state of general commotion. At a Meeting of Council, October 5th, 1707, " His Excellency informed the Board that he had received information that a consider- able number of the Inhabitants between Santee and Wateree rivers had assembled, and iu a riotous manner gone up and down the country, committing riots and disturbances, and that they had burnt the houses of some persons who were reported to be Harbourers of Horse Thieves, and talk of coming to Charles-town to make some complaints. The Board gave it as their opinion to his Excellency that to prevent the mischief such commotions would be attended with, it would be proper for his Excellency to issue a Pro- clamation, commanding them to disperse, and enjoining all officers to take care to preserve the public peace." How unfeeling must have been a Government which had no sym- pathies for the troubles of its unoffending subjects ! and how blind to imagine that proclamations could quiet the public mind, and restore tranquillity among those whose persons and property were endangered by outlaws, Avho were running at large, the enemies of mankind ! In November following, a petition* from the upper and interior parts of Craven County, for the redress of grie- vances, was presented to Government. In reply to this, and as touching the fearful state of things of which accounts were now frequently coming in, his * It is a source of much regret to the author that he was unable, after diligent search, to discover any fiu-ther trace of this petition. It was not copied, as was usual in the proceedings of Council, and was nowhere else to be found among the public records of the time. It came from the Upper Pedee. 136 HISTORY OF THE OLD CHERAWS. Excellency Lord Charles Grevill Montagu, on 5th of No- vember, made the following address to both Houses of Assembly : — " Hon. Gen*° : I should think myself equally negligent in the duty I owe to my King and this Province, if I did not recommend to you an early and serious consideration of the unhapj)y situation of the Back Parts of this Country. The various acts of villainy committed there, in contempt of all laws, human and divine, we have too frequent accounts of, and too recent proofs of, in the late trials of the unhappy- convicts now under sentence of death. Far remote from the seat of Justice, they are daily exposed to misery and dis- tress. These are objects that requii'e redress, and are worthy the care of the Legislature. Tumultuous risings of any people, if not properly attended to, are of dangerous tendency, and they are a disgrace to a country, and particu- larly pernicious to a commercial and newly settled colony. The means to suppress those licentious spirits that have so lately appeared in. the distant parts of the Province, and, assuming the name of Regulators, have, in defiance of Go- vernment, and to the subversion of good order, illegally tried, condemned, and punished many persons, require an attentive deliberation.'^ To this the Upper House of Assembly made the follow- ing reply :— " The Humble Address of his Majesty's Council. We, his Majesty's dutiful and loving subjects, the Council of this Province, beg leave to return our thanks to your Excellency for your speech delivered yesterday to both Houses of Assembly. It is with the utmost concern that we behold the distracted state of the Frontier Settlements of this Pro- vince, where force and rapine, riot and disorder, supersede the temperate provisions of law and justice ; but, tumultuous examples never fail to multiply those evils which it is the policy of well-regulated States to prevent by proper laws. The great objects proposed to our consideration deserve the most serious and deliberate attention, and we assure your Excellency that we shall, on our part, most heartily concur in every measure calculated to advance the public good, to HISTORY OF THE OLD CUE RAWS. 137 compose tlic miuds and remove the distresses of our fellow subjects." The Government, as is liere manifest, did not comprehend the real nature of existing evils, or the remedies necessary to be a])plied. It is also evident from the Governor's language, that there was not only no sympathy with them, but that a feeling of very decided opposition had been excited against the Regulators. As an evidence of the feeling entertained by the Govern- ment, the fact may be mentioned that in March following (1768), a Petition fi'om the Back Settlers for a Circuit Court Bill, as a measure of relief, was disposed of by Coiincil, " after mature deliberation, by determining ' that it would not be necessary to take any notice of the same.' " This, of course, only led to more desperate measures on the part of the suflFerers. In less than a month, however, the authorities in Charles-town were induced to change their minds, and pursue a different policy, such were the indications of ap- proaching difficulties, threatening to bring the people at once into an attitude of open rebellion, and perchance to overthrow the Government itself. On the 18th of April, a Circuit Court Act was passed, but afterwards failed to become a law. On the next day, Api'il 19th, at a Meeting of Coancil, " His Hon''' the Lieut. -Gov""' observed to his Ex- cellency, that a great number of Prosecutions were now being carried on against the people who had committed several outrages in the Back Country, and went by the name of Regulators, that several of the delinquents were very poor, and would be much harassed by them, and they had been imhappily deluded by some, who were ring-leaders in these riots, the punishment of whom, he apprehended, would answer the end of public justice, and vindicate the honor of Government ; and therefore mentioned it as his opinion, that it would be proper to give directions to the Attorney- General, after a sufficient number of the most considerable were convicted, to enter Nolle Prosequis on the remaining prosecutions. The Board agreeing in opinion with his Honor, his Excellency was pleased to direct, that the 138 HISTORY OF THE OLD CHERAWS. Attorney-General^ after such a number as he should think convenient^ not to exceed eight of the Principal Rioters, were convicted, to stop further proceedings against the rest/^* Little did his Excellency, his Honor, and the Council un- derstand the real state of the case. United as the sturdy yeomen of the Back Country were, and far removed from the coast, what cared they for prosecutions commenced in Charles-town? Having in vain petitioned for redress, no alternative was left them but to enter boldly upon the con- flict now at hand. In less than three months they were found at work, as appears from the following remarks in the Gazette of June 13th. " It seems hardly probable that the disturbances in our back settlements will entirely sub- side, notwithstanding all the prudent steps that have been taken, or can be taken, by the Government to suppress them, until the late Act of the General Assembly of this Province for establishing Circuit Courts, takes effect : for we daily hear of new irregularities committed by the people called Regulators, who, seeming to despair of rooting out those des- perate villains that remain among them any other way, still take upon themselves to punish such offenders as they can catch. We hear, that within this month, one Watts and one Distoe, have received 500 lashes each by their direction ; and that an infamous woman has also received corporal punish- ment. We hear, also, that one John Bowles has lately lost his life in attempting to take Mr. Woodward, one of the leaders of the people called Regulators. According to our account, Woodward, refusing to surrender himself, Bowles fired at, and woidd have killed him, but the ball struck the barrel of a gun which he held across his breast, upon which, some people in company with Woodward, fired, and killed Bowles.'^ It seems that up to this time, the authorities in Charles- town were not apprized of the fact that the regulation movement embraced the most respectable and influential element in the Back Covmtry. At a later period even, a most singular misapprehension will be found to have pre- vailed on the subject. The crisis on the Pedee was now Council Journal," No, 34, pp. 118, 119. HISTORY OF THE OLD CHERAWS. 139 rapidly approaching. The next intelligence of which any account remains, though not directly from that quarter, in- dicates what was goiug on there. "At a Meeting of Council, July 5th, 1768, his Honor communicated to the Board a letter he had rec''" from Tacitus Galliard, Esq., to whom he had sent an express, desiring him to use his endeavours to apprehend the Deserters from the Regulars in Charles-town, in which Mr. Galliard informed his Honor, that the Back parts of the Country were far from being quiet, and that those people called Regulators, continued still to assemble together; but, as few members were present, the further consideration of what might be proper to be done, was adjourned over till next Friday morning.""^ At that meeting, however, no action appears to have been taken. On 25th July, the following intelligence was given in the So. Ca. Gazette. " The last accounts from the Back Settlements say, that the People called the Regula- tors were to have a meeting at Lynchers Creek, on last Friday, where it was expected 1200 would be assembled. The occasion of this meeting is said to be, a Party of them lately having been roughly used by a Gang of Banditti, consisting of IMulattoes, Free Negroes, &c., notorious Harborers of runaway slaves, at a place called Thompson's Creek, whom they ordered to remove. It is added, they anxiously wait to hear the fate of the Act for establishing Circuit Courts in this Province, sent home for the Royal approbation, which, if it obtains, will restore good order in those parts.'''' It may surprise the reader to find that so large a number of the classes here mentioned, Mulattoes, Free Negroes, &c., had collected at this early period in the settlement of the Province. Such a meeting of the in- habitants would indicate a formidable band of desperadoes. A more serious conflict was now to begin on the River. In Council, August 2nd, " His Honor communicated to the Board a letter from Col. Powell, and another from Robert Weaver, Esq., a magistrate for Craven County, and an affi- davit taken by Mr. Weaver from some of the people who Council Journal," No. 34, pp. 174, 175. 140 HISTORY OF THE OLD CHERAWS. live upon the Pedee; from which it appeared that a Con- stable having a Warrant of Distress to execute on the Chattels of some of the Regulators, had called to his assistance 13 other men ; that this party had fallen in Avith a considerable number of the Regulators, under Gideon Gibson, an Inhabitant of those Parts, when a skirmish was begun by the Regulators, in which one of the Constable's party was killed ; that the Regulators then overpowered the Constable's party, and whipt some of them in a most cruel manner, and threatened to hang one of them, in case one of their party, a brother of the said Gibson, who was wounded in the affray, should die. It also appeared that Mr. Weaver, the Magistrate who had issued the warrant, and was obnoxious to them because he declared his disap- probation of their proceedings, lived in the greatest terror and danger of his life and property, and that all that part of the Country was a scene of riot and disorder.'' " His Honor, by the adAdce of the Board, sent for Mr. Campbell, the Clerk of the Crown and Peace, and directed him to lay those papers before the Judges, and to inform t)iem*that he earnestly recommended to them to take such steps as would enforce obedience to the laws, quell the disorders in the Back Country, and bring some of these atrocious offenders to condign punishment ; and to assure them of his readiness to give all assistance in his power to accomplish these ends."* This disturbance near Mars Bluff thus begun, proved to be of most important consequence in alarming the Government on the one hand, and rousing and uniting the better class of inhabitants in the interior on the other. Gideon Gibson, though of violent and perhaps turbulent character, was a man of property and influence, an acknowledged leader in that part of the Country, and as bold as he was intent upon vindicating the rights of the people. It Avas necessary, therefore, if a Government whose authority was now on the wane, was to be supported, that prompt and stringent measures should be adopted. In Council, August 3rd, " His Honor observed to the Board, that his Majesty had ' Couucil Journal," No. 34, pp. 194, 195, HISTORY OF THE OLD CKERAWS. 141 publisliccl a very strong Proclamation in England on acconnt of tlie late riots near London, and desired the opinion of the Boai-d if it might not be proper to issue some- thing similar to it here, on account of the Riots in some of the Back Settlements. The Board were of oj)inion that it ■svould be proper ; and the following draught of a Proclama- tion being approved of, it was ordered to be prepared." " South Carolina. " By the Hon^' W'- Bull, Esq., Gov'"- and Commander- in-Chief in and over the said Province. " A Proclamation. *' Whereas, it has been represented to me, that divers dissolute and disorderly persons have of late frequently assembled themselves together in the North- Western Parts of this Province, in a riotous and unlawful manner, to the disturbance of the public Peace, and in particular have, in the most illegal manner, taken upon them to whip and con- fine several persons, under the pretence of punishing them for crimes which they have charged against them, instead of delivering them into the hands of public Justice, and have daringly resisted the execution of the King's Process; and that these acts of violence have been accompanied with threats of still greater outrages, which have spread terror and alarm amongst those most likely to be affected thereby ; and that some of those dissolute and disorderly persons have audaciously attempted to deter and intimidate the Civil Magistrates from doing their duty — I have taken the same into serious consideration, and being duly sensible of the mischievous consequences that may ensue from the con- tinuance and repetition of such disorders, have thought fit, by and with the advice of his Majesty's Hon^- Council, to issue this my Proclamation, hereby strictly requiring and commanding all the Justices, the Provost Marshal, and all other the Peace Officers of this Province, that they do severally use their utmost endeavours, by every legal means in their power, effectually to prevent and suppress all such tumults and unlawful assemblies, and to that end to put in due execution the laws for preventing, suppressing, and 142 HISTORY OF THE OLD CHERAWS. punishing tlie same^ and that all his Majesty^s dutiful and loyal subjects be aiding and assisting therein : And further, that the Magistrates and all others acting in obedience to this my Proclamation, may rely on the protection and sup- port of the law in so doing, as they shall answer at their peril for the neglect thereof. Given under my hand and the great seal of his Majesty^s said Province, at Charles- town, this third Day of August, 1768, and in the eighth year of his Majesty's reign. « William Bull. " By Lis Honor's conimaad, " Tho^ Skettowe, Sect^. '' God save the King.^'^ This measm-e, however, being deemed insufficient, further action was taken. In Council, August 5th, " His Honor the Lieu*' Gov'"- observed, that several of the People who had associated with the Regulators had been unwarily led into the tumultuous proceedings they had been engaged in, and had also been greatly provoked thereto by the repeated losses they had sustained from the villainous gangs of Horse- Thieves that infested those parts ; and that he was of opinion that if a promise of a free pardon was to be offered to them for outrages already committed, it would probably disperse them and restore peace and tranquillity to the Back parts of this Province ; and a majority of the Board agreeing with his Honor in opinion that the effect of such a Proclamation should be tried ; the following draught of a Proclamation being approved of, it was ordered to be pub- lished. " A Proclamation. " South Carolina, " By the Hon*^- W"- Bull, &c. " Whereas, by the advice of his Majesty's Hon^' Council, I did, on the 3rd day of August ins*- issue my Proclamation, reciting, that it having been represented to me that divers dissolute and disorderly persons had of late fi^equently assembled themselves together in the North-Western parts of this Province, in a riotous and unlawful manner, to the disturbance of the public Peace ; and particularly had, in * " Council Journal," No. 2i, pp. 203-204. IIISTOKY OF THE OLD CIIERAWS. 143 the most illegal manner^ taken upon themselves to Avliip and confine several persons, under pretence of punishing them for crimes which they had charged against them, instead of delivering them into the hands of Public Justice, and had daringly resisted the King^s Process, and that their acts of violence had been accompanied with threats of still greater outrages, which had spread terror and alarm amongst those most likely to be immediately affected thereby ; and that the said disorderly persons had audaciously attempted to deter and intimidate the Civil Magistrate from doing his duty ; and I, having taken the same into my serious con- sideration, did think proper thereby strictly to enjoin and command the Justices, Provost Marshal, and all other the Peace Officers of this Province, to use their utmost endea- voiu's, by every legal means in their power, to prevent and suppress all such tumults and unlawful assemblies ; and to that end to put in due execution the laws for preventing, suppressing, and punishing the same, assuring them and all others acting in obedience thereto, of the protection and sup- port of the law in so doing : But forasmuch as it has also been further represented, and appears unto me, that very many of the persons concerned in the said acts of violence, have unwarily been drawn in, and even provoked thereto by the great and repeated losses they have sustained from the gangs of Robbers and Banditti who infested those parts, and who were become the more dangerous and daring by being confederated in numerous bodies, and it was thereby ren- dered difficult to bring them to Public Justice : I, there- fore, taking the same into my serious consideration, and being willing, under such circumstances, rather to prevent than to inflict the punishment due to such outrageous and illegal proceedings, do, by and with the advice of his ^lajesty^s Hon'' Council, issue this my Proclamation, hereby strictly commanding and requiring all persons so unlaw- fully assembled to disperse themselves and repair peaceably to their respective homes and occupations, and forbidding them and all persons hereafter, at their utmost peril, so to assemble again ; and I do promise his Majesty^s most gra- cious Pardon for the misdemeanors by them committed at any time before the date hereof in so unlawfully assembling, 144 HISTOliY OF THE OLD CHEKAWS. whipping or confining any person or persons as aforesaid, to all such as shall forthwith pay due obedience to this my Proclamation, excepting to those j^ersons concerned in the outrages and daring violences committed by Gideon Gibson and others upon George Thompson, a lawful constable, and his party, in the actual execution of a legal warrant, at or near Mars Bluff, in Craven County, upon the 25th day of July last. Given under my hand, and the Great Seal of the Province, &c., this 6th August, 1768. "Wm. Bull.''* This was followed, two days after, by the following state- ment in the South Carolina Gazette : — '' Tuesday last, the Proclamation inserted in the first page of this paper was published in the usual manner ; and on Saturday there was another, which is not come into our hands. A variety of reports continue to be circulated in different ways, and no doubt with different views, of the Proceedings and Inten- tions of the People called Regulators, in the North Westernf part of this Province, some of them very alarming : amongst others, that 2 or 3000 of them were to assemble on Thurs- day, at the Congarees, for very unjustifiable purposes ; but we are assured, that the People so met, or to meet, are not so considerable a body, and have only in view to be in- formed of the Bounds of the Respective Parishes to which they belong (the lines of which have been but lately run), that they may not lose the right of voting for Representa- tives of their own nomination, at their next general election, whenever the law gives it them."*' August 15th, the Gazette said : — "The outrageous oppo- sition lately o fife red to the Civil authority near Mars Bluff, on Pedee River, being at present a general subject of con- versation, and by many attributed to the People called Regulators, it may not be amiss to lay before the public the following information, viz. : That there are two parties so called, and the proceedings of the one frequently con- founded with those of the other. That the first (called the Honest party) consists in general of people of good prin- * " Council Journal," No. 34, pp. 208-211. f It should rather have heen " North Eastern," &c. HISTORY OF THE OLD CHERAWS. 145 ciples and property, avIio have assembled eliiefly about the Coiigarees, the Ridge, &c., professedly -with the view of driving all horse thieves, with their harbourcrs, abettoi's, and other vagabonds, from amongst them ; and that the other (called the Rogues' party) are a gang of banditti, a numerous collection of outcast Mulattoes, Mustees, Free Negroes, &c., all horse thieves from the borders of Virginia and other Northern Colonies (the very people whom the Regulators would have expelled the Province, or brought to Justice), and have taken up arms to carry on their villainy with impunity. The last accounts we have received of both are. That the former, on the 16*^ past, took up one Charles Sparks, of infamous character, on Pedee, and ordered him to receive 500 lashes and quit the Province : and of the latter, that an armed company of them, headed by one Gideon Gibson, on the 25^*^ past, near Mars-bluff, surrounded a Constable and 12 men, who were sent to bring one of the villains before a magistrate, and after a smart skirmish, Avhereiu two of the Constable's party were mortally wounded, and one shot through the shoulder, took the rest Prisoners, whom he discharged, after ordering them 50 lashes each. In the skirmish, Gibson had one of his sons killed, and another wounded in the neck. Proper measures are taken to bring the principals of this desperate gang to Justice." On the 22nd August, the Gazette said : — " We are sorry that we cannot have the pleasure of informing the public, that either of the Proclamations issued by his Honor the Lieu* Gov' on the S""*^ and 6'^ ins*^, are likely to produce the desired effects ; Gideon Gibson declining to surrender on any terms ; having put himself under the protection of people that do not at present seem disposed to give him up. This man's character, we are told, always stood fair, till he lately became the tool of a Party, who committed the out- rages near Mars-bluff, mentioned in our last." The Gazette, from which the preceding extracts are taken, was in the interest of the Government, and therefore dis- posed to cast as much odium as possible on every proceeding in which the people arrayed themselves against the consti- tuted authorities of the Province. At first the Regulators were spoken of in terms of unmeasured condemnation ; but, L 146 HISTORY OF THE OLD CHERAWS. as the fact became known that they embraced the best people in the interior settlements, the tone of the press, as well as of the Government, became very much softened. To Gibson, however, no mercy was to be shown. He was made to appear as one of the Rogues' party. How far this was from being the case will appear in the sequel. Immediately after the receipt of the intclHgence in Charles-town, Col. Powell, of the Pedee Regiment, with the Provost Marshal, was despatched to the interior to quell the disturbance. In Council, 26th August, His Honor, Wm. Bull, informed the Board, that Roger Pinckney, Esq., the Provost Marshal, had returned from the Northward, for which place he had set out with warrants against Gibson, one of the Regulators, and that he had, by him, received the following letter from Col. Powell : — " To the Hon^ W" Bull, &c. " Hon^ Sir, " On the 9th ins* I set out with Mr. Pinckney for Mars-bluff, and reached Lynchers Creek, dis- tance 42 miles, that uight, where we were joined by about 25 of the Posse Comitatus ; and the following evening arrived at Mars-bluff, distance 30 miles ; at which place we found 15 men of Capt. Weaver^'s company, and were the day following reinforced by 20 men of Capt. Thomson^s com- pany. It appeared to us, by all accounts, that Gibson was guarded by a large body of men, and could in an hour raise 300 more. Mr. Pinckney and myself thought it prudent that I should send orders to the Captains, Pledger, Hicks, and Mcintosh, and to the Lieutenants, Clary and Michael, to join us with 20 men of each of their Company s,'^ at Mars- bluff, the 15th ins*, under the hopeful expectation of being able to prevail on these gentlemen to assist us readily in * In the private journal of Rev. Nicholas Bedgegood, then pastor of the Welch Neck Church at Long Bluff, this entry appears during the year 1768 : — " Sunday, 14th August. No sermon, on acct. of march of ye Companies to Mars-bluff." Until the letter of Colonel Powell was found, the author had no clue to the purport of this entry, and was for a time wholly at a loss to explain it, not having heard of the tradition which had come down in the neighborhood, of Gibson's fight at Bass's Mills, «&,c. HISTORY OF THE OLD CHERAWS. 147 taking Gibson, Lance, &c. Mr. Pinckney being informed that Gibson would surrender himself, and desirous of accom- plishing his purpose in the most prudent manner, nor will- ing to risk the lives of those of the King's subjects he had with him, by opposing them against such unequal numbers, agreed with me in opinion, that my inviting Gibson to meet me in a certain place in the woods, where he and I might be alone, and there talking the matter calmly over with him, might perhaps have a good eH'ect, I wrote to Mr. Gibson, and met him accordingly, on Sunday, the 14th, where, after an hour and an half's conversation, he solemnly promised to deliver himself up to Mr. Pinckney the following Mon- day, 8 o'clock in the forenoon ; and, indeed, I had not the least doubt but that the man would have fulfilled his pro- mise. However, when the time came about, I found myself egregiously mistaken ; for, instead of coming, he wrote me a letter, signifying that he had altered his resolution, and would not sm-reuder himself. About 10 o'clock, that day, j\Ionday the loth, Mr. Claudius Pegues came to Mars-bluff', and assured me he would render all the service in his power, seemed to know nothing of Gibson's measures, nor the intentions of the Captains,* Pledger, Hicks and M'ln- tosh, and Lieutenants Clary and INIichael, who arrived about noon ; di-awing up theii* company in the woods at half a mile's distance from \Yeaver's house. Mr. Pegnes then told us, they did not intend to advance any further. Whei'C- upon, Mr. Pinckney and myself, together with Pegnes, went to meet them ; where, to our surprise, we found, instead of 100, 300 men and upsvards. I acquainted the officers with the occasion of my calling upon them, and the service ex- pected from them. " Mr. Pinckney also acquainted them with his errand in these parts, read to them his authority, and your Honor's Proclamation, and demanded their aid accordingly. Which, instead of paying any regard to, they absolutely refused, as * These were John Pledger, George Hicks, and Alexander M'Intosh, among the most promhient and influential men on Pedee, in the neighbourhood of Long Bluff", as was John Mikell — and all distinguished afterwards in the Revolution. Mr. Pegnes was the first member elect to the Assembly, from St. David's, showing the estimation in which he was deservedly held. 148 HISTORY OF THE OLD CHERAWS. Gibson, they said, was one of them (Regulators), and had applied to them for protection, " They said much about certain grievances which they conceived themselves labouring under, for the want of County Courts, and the exorbitant expense of the Law, as it now stands. It was with the greatest difficulty we could per- suade them to march to Weaver's, against whom they ex- press much resentment. However, as victuals were pro- vided for them there, and I was in hopes of bringing them into better temper^ by taking opportunity of conversing with the leading men singly, I put myself at the head, as their Colonel, and marched them to Weaver's house, where both Mr. Pinckney and myself took great pains to point out to them the mistakes they were running into, prompted, as it appears evidently to us they were, by some turbulent, de- signing persons. Mr. Pegnes seemed to be an active man amongst them, and is a person pitched upon to represent them in the next General Assembly; for which purpose, a subscription is already set on foot to bear his expenses. To enter into a detail of their unprecedented beha^dour, would be drawing this letter to too great a length, and I must beg leave to refer your Honour to Mr. Pinckney. " Only I would observe that, notwithstanding I had heard much of the notorious behaviour of the Regulators in gene- ral, yet, as several of them are men of good property, I flattered myself they might be open to conviction, and in- duced to admit that the method they were pursuing was not the proper mode to bring about their wished-for pur- pose ; but, to my astonishment, I found all arguments lost upon them, and I am ashamed to tell your Honor, that if there had not been left amongst them some faint regard for their Colonel, the Provost Marshal would have been grossly abused, a scheme having been laid for that purpose. " These people proposed to Alran,^ his releasement ; and * OP Alrau, to whom Colonel Powell here refers, nothing is known. In the journal of Mr. Bedgegood, this entry is found : — [1768.] " Sunday, 5th June, Mr. Alran taken by the Regulators." If he had, prior to this time, made himself obnoxious to the civil authorities, and been rescued by the Regulators, it would seem that he was seized a second time, and would have been released again had he desired it. HISTORY OF THE OJ?D CHERAWS. 149 it was only owing to himself, the Provost JNlarshal coukl bring him to toAvn. '^ Upon the Avhole, Sir, these disturbances seem to have so dismal a tendency, that I am at a loss to guess where they may terminate, and I think I may uoav say with safety, that unless some speedy measures are fallen upon to put a stop to them, the consequence will be very shocking. I cannot, with any propriety, continue to be Colonel of a Regiment of ]\Iiiitia, amongst Avhom I have the mortification to find myself of so little Aveight as not to have been able to per- suade them to do the duty they owe to their King and Country. I must therefore beg leave to resign my commis- sion, and I would haA^e enclosed it to your Honor, but that I lost it on my return from KeeoAvee, in fording Broad River. In consequence of my promise, I enclose to your Honor a letter from the Officers of the Regiment respecting Captain Weaver. " I am, Avith great respect, " Honorable Sir, " Your most obedient, humble Servant, " G. G. P0A\ELL. " Weymouth, 19th August, 1768." " His Honor also informed the Board that he had re- ceived a copy of a letter, directed to the ProA'Ost Marshal, which was delivered him by a waggoner in the Back Coun- try, threatening his Deputies, if they offered to serA^e any process in those parts, and advising them not to send them up, as they were determined to pay no obedience to any process issued from Charles-town. His Honor informed the Board that he had written an account of these matters to his Excellency, the Governor, and that he proposed, in a week or ten days^ time, to dissolve the Assembly, and to call a ncAv one, which Avould be ready to meet about the time his Lordship might be expected to return into the Pro\ince."* The interesting letter of Colonel Powell discloses the fact, how much deceived and disappointed he was as to the feel- Council Journal," No. 3Jr, pp. 219-22,-j 150 HISTORY OF "'the OLD CHERAWS, iug of the officers and companies from Long Bluff, with respect to Gibson and his proceedings, as well as to the course of the Government in general. Loyal yet in his o\ra sentiments, and not haAing felt, perhaps, as others had done, the grievances of which they so justly complained, he was at a loss to account for their conduct. His visit to Broad Biver was probably made in the service of the Go- vernment, to assist in quieting disturbances in that region. He appears, after all, to have retained his commission ; and what is more remarkable still, not to have forfeited the con- fidence and affection of the people on the Pedee, ha^dng been afterward, for several years in succession, the Bepre- sentative from St. David^s Parish* in the Commons House of Assembly, and cherishing himself, to the close of his useful life, the deepest interest in all that related to the welfare of that Parish. Colonel PowelFs letter also corrects the tradition,t as it had come down in a most distorted shape, in the immediate neighborhood of the fight, in which Gibson bore so pro- minent a part. The result, upon the whole, as the affair ended, was of much importance. The popular feeling became deeper and more determined than ever. The line was now, as it was henceforth to be, distinctly drawn. And the Government * St. David's Parish had been estabhshcd hi April of this year (1768). ■j- The tradition was related to the author by the late Hugh Godbold, of Marion District, as he had heard it in his younger days from some aged persons who were cotemporaries of Gibson. According to that account, the Regulators came down froin North Carolina, increasing in numbers as they came, and headed by Weaver, White, and Gurley. Crossing the river at Mars Bluff, they went up to what has since been known as Bass's Mill, on Naked Creek, where an island was formed by a bend in the Creek, and a channel cut across the mouth of the bend for mill purposes. On the island they found Gil)son strongly posted, at the head of the citizens. He defeated them, killing several, taking the rest prisoners, and giving them fifty lashes apiece. There is no doubt but that a conflict took place at the point described, which was not far from Gibson's residence ; but it was that bet^veen Gibson's party and the Constable's, confounded by the tradition with the march of the companies afterward to Mars Bluff, as it was also erroneously related that the companies had come down from above under Weaver, Gurley, &c. This spot was but a few years after the scene of a bloody conflict between the Whigs and Tories in the Revolution, of which some account will be given. The author visited the locality in company with Mr. Godbold. The facts above related show how, even in a generation or two, past events may be perverted by tradition. HISTORY OF THE OLD CllERAWS. 151 was from the first, perhaps, fully aroused to the magnitude of the issues involved, as avcII as the futility of the measures Avhich had been adopted to quell the rising spirit of oppo- sition throughout the back parts of the Provinee. His Honor and his Majesty's Couneil must have felt grave apprehensions now, if never before, that Proclama- tions, prosecutions, and official action of Avhatever kind, would be unavailing, if timely concessions were not made to the just and long-continued demands of the people. The necessity for Ch'cuit Courts could no longer be denied. The Government at home, yielding to the pressure which it had been unable to resist, lent its active aid in effecting so de- sirable an object, and in less than a year, a Bill to that efifect became law. In the meantime, the Regulators con- tinued to meet, and to keep up their organization."^ On the 2nd of September, there apj)eared in the Gazette, the following ''extract of a letter from a Gentleman at Pedee, to his friend in Town " : — " I wish you would inform me Avliat is generally thought in town of the Regulators, who now reign uncontrolled in all the remote parts of the Pro- vince. In June, they held a Congress at the Congarees, where a vast number of people assembled ; several of the principal settlers on this River, men of property, among them. When these returned, they requested the most respectable people in these parts to meet on a certain day ; they did so, and, upon the report made to them, they unanimously adopted the Plan of Regulation, and are now executing it with indefatigable ardour. Their resolution is, in general, effectuall}^ to deny the Jurisdiction of the Courts holden in Charles-town over those parts of the Pro- vince that ought to be by right out of it; to purge, by methods of their own, the country of all idle persons, all that have not a visible way of getting an honest living, all that are suspected or known to be guilty of malpractices, and also to prevent the service of any writ or warrant from Charles-town ; so that a Deputy ISIarshal woiild be handled by them with severity. Against those they breathe high in- * In Mr. Pugh's journal the following and like entries are found : — " Aug. 16th, Went over the Marsh to a meeting of the Regulators." " Septr. 12. Went to Miirphce's. Regulators met there." 152 HISTORY OF THE OLD CHERAWS. dignation. They are every day/ excepting Sundays^ employed in this Regulation work, as they term it. They have brought many under the lash, and are scourging and banishing the baser sort of people, such as the above, with universal diligence, " Such as they think reclaimable, they are a little tender of; and those they task, giving them so many acres to tend in so many days, on pain of flagellation, that they may not be reduced to poverty, and by that be led to steal from their industrious neighbours. This course, they say, they are determined to pursue, with every other effectual mea- sure, that will answer their purpose ; and that they will defend themselves in it to the last extremity. They hold correspondence with others in the same plan, and are engaged to abide by and support each other whenever they may he called upon for that purpose. This, it seems, they are to continue till County Courts, as well as Circuit Courts, shall be rightly established, that they may enjoy, by that means, the rights and privileges of British subjects, which they think themselves now deprived of. They imagine that, as the Jurisdiction of the Courts in Charles-town extends all over the Province, Government is not a protection, but an oppression ; that they are not tried there by their Peers ; and that the accumulated expenses of a law-suit, or prosecu- tion, puts justice out of their power ; by which means the honest man is not secure in his property, and villainy be- comes rampant with impunity. " Indeed, the grievances they complain of are many, and the spirit of Regulation rises higher and spreads wider every day. What this is to end in, I know not ; but thus matters are situated; an account of which, I imagine, is not unac- ceptable, though perhaps disagreeable to hear.^^"^ This letter, singularly calm in its tone for a time of such general and intense excitement, appears to have been written by some one who was yet loyal in his feelings toward the Mother Country. It may be regarded, upon the whole, as an impartial account of the Regulation movement, and exhibits the Gazette, August 26, September 2, 1768. HISTORY OF THE OLD CHERAWS. 153 character of those who Avcre taking the lead in the matter, as well as the lavidahle objects they proposed to accomplish. A few days after, September 12th, we find this account in the Gazette ; — " On Thursday last, the General Assembly of this Province was dissolved by Proclamation, and writs for the General Election of new Representatives, we hear, will be signed and issued on Thursday next : so that it is probable the election days may be fixed for Tuesday and Wednesday, the 4^*^ and 5"^, and the day for the meeting of the next General Assembly, for JNIonday, the 25*'' of next month. The People called Regulators have lately severely chastised one Lum, who is come to Town ; but we have not yet learnt the real cause for this severity to him. A letter from Pine Tree Hill (Camden), dated the 6*'' ins*, contains the following intelligence, viz. : The Regulators have fixed upon the 5*'' of next month to have a meeting here, to draw up their grie- vances, in order to be laid before the new Assembly. 2500 or 3000 of them, from St. Mark's and St. David's Parishes, are to rendezvous, on the 10th, at Eutaw, and thence pro- ceed to Charles-town, to pursue the proper measures for Redress. The Regulators from the Congaree, Broad, and Saludy Rivers, are not to proceed to Town, unless sent for by their brethren ; but ] 500 of them are to hold themselves in readiness, in ease they should be wanted. They do not intend the least injury to any person iu Town, desiring only provision and quarter till their complaints shall be heard. The confusion in North Carolina is still greater than in this Province ; where the People of Orange County again threaten Col. Fanning, and refuse paying any Taxes, till an Act, granting an enormous sum for building a House for the Governor, be repealed ; so that Gov'" Tryon has been obliged to draught 2000 men from Mecklenburgh and Dobbs Counties, to overawe them, who are to march from the Town of jSIecklenburgh the 12th ins*. Two of their Leaders have been seciired,but it's apprehended they will be released before they can be brought to Trial, as the People in general com- plain loudly of the above-mentioned Act, as a Great Grie- vance, as well as of that laying a Duty on Paper, Glass, &c., which will soon di'ain from them what little specie they have. Their paper Currency being mostly sunk, and a Poll 154 HISTORY OF THE OLD CHERAWS. Tax of eleven shillings Proclamation money^ does not fail to add to the distresses of that Country/' The next intelligence from the interior was of a more cheering character. The Gazette of September 26th says : " The People in the Back Settlements of this Country, we hear, are now perfectly quiet, having almost thoroughly expelled the dangerous set of Horse Thieves and Vagrants that were becoming formidable amongst them ; and they will probably continue so (his Honor the Lieutenant Go- vernor's Proclamation of the S""*^ ul*°, having had a very good effect), until the important crisis of the next General Elec- tion, which takes place throughout the Province on Tuesday and Wednesday next week ; or, until the INIeeting of the General Assembly, when, they say, they will, in a Constitu- tional way, not only have their Grievances heard, but also redressed, so far as it may appear to be in the Power of the Legislature. But, the Disturbances in North Carolina have not subsided, according to our last accounts from the Back Counties in that Province, dated the IG**" ins*, his Excel- lency, Gov'" Tryon, was then there, and to proceed from Salisbury to Orange County, the 22'"^ ins*, but not likely to succeed, the People seeming almost unanimous in refus- ing to submit to any Laws that seemed to them oppressive or unconstitutional. Further particulars must be deferred till our next.'' The election for General Assembly was now drawing near, and much trouble apprehended by the authorities. But, the opportunity being therein presented to the people of expressing their own will, such apprehensions proved to be groundless. The Gazette of October 10th, said, as to this matter : — " Great disorder was apprehended in several Country Parishes, at the General Election of Representa- tives on Tuesday and Wednesday last, from numbers of the People called Regulators coming down from the Back Settle- ments to vote, where it appeared to them they had a right ; but, we are informed, that they behaved everywhere with decency and propriety. " They mentioned many intolerable grievances they had long laboured under, and seemed to have most immediately in view, a more equal Representation in Assembly; the ob- HISTORY OF THE OLD CHERAWS. 155 taining, without loss of time, an Act for ascertaining and better regulating public officers^ feeS;, especially in law mat- ters ; and, another for establishing County Courts, if the Precinct Court law lately sent home, should fail to receive the royal approbation." The real objects of tlic Regulators were now understood, and justice was at length to be meted out to their motives and conduct. The elections had passed oflF quietly, not- withstanding the fears of disorder and violence. In the Parish of St. David's, recently organized, and where the polls were opened for the first time, militia com- panies were detailed for each election precinct, to preserve the peace, and other precautions used to prevent disturbance. But, no disposition was e\dnced by the people to resort to any improper measures. The elective franchise was one of those rights which they were most anxious to exercise. They were satisfied it would result in still more favourable changes. The struggle for constitutional liberty thus commenced, was destined, how- ever, to continue, and to encounter, at every step of its pro- gress, the most determined opposition. The news now on the way from England, was to be by no means cheering, so misguided was the policy persisted in by the Mother Country towards her aggrieved and petitioning Colonists. The Gazette of October 10th, gave the following informa- tion to the public : — " Last Thursday, arrived here the ship Beavfain, Cap" Da^-id Curling, in 45 days from the Downs, by whom we have not received a single article of agreeable news for North America. Our Circuit Bill, passed the 12th of April last, was not likely to receive the Royal assent ; so that the Back Settlers, or People called Regulators, in this Province, may, in all probability, obtain what they seem more anxious to obtain, a Bill for establishing County Courts.'' "We are informed that the People called Regulators, have lately brought back five mortgaged Negroes from North Carolina, which were carried off by an absconding debtor from Pedee : that, if any ci-editor is doubtful of a debt due there, and will come amongst them, they have offered to 156 HISTORY OF THE OLD CHERAWS. protect and assist liim in procuring good security for what- ever may be owing; and, if that cannot be obtained (pro- vided he brings a blank writ up), to deliver the debtor into the common Gaol : that the affair of Gibson^s party in July last, has been grossly misrepresented : and that they did not rendezvous, as it was proposed, at Eutaw, on the 10th inst.'' Ha\'ing elected Representatives of their own choice, the Regulators were satisfied to leave the redress of grievances to them in Assembly, and hence the failure to meet at Eutaw, as was intended. The public statement, that the affair of Gibson had been grossly misrepresented led to the following account in the Gazette of October 24th : " If we are to credit the Depositions of George Thompson, William Loving, James White, Stephen Sebastian, Godfrey Kerfey, John Hollo way, Reuben White, and William White, pro- duced to us by Robert Weaver, Esq. of jNIars- Bluff, the conduct of Gideon Gibson was not misrepresented in this Paper of 15th August last, unless by the omission of some aggravating circumstances.'"' So well had the facts of the case been established, how- ever, that Gibson and his friends deemed it unnecessary to reply to this. Comparative quiet was at length restored. The claims of the Regulators were respected and their power acknowledged. A general desire was now felt to comply with their just demands, which had been so long urged in vain. On the 15 th November, the General Assembly met, and the inhabitants of St. David's Parish were represented for the first time by one of their own choice, in the person of Claudius Pegnes, Esq. On 17th Nov'' his Excellency, C. G. Montagu, made an address to the Commons House of Assembly, of which the following is an extract : — " I shall now only recommend to your attention, the falling upon some method to retrieve the distresses of your fellow subjects in the remote parts of this Province, and, at the same time, to discharge, and, if possible, entirely to prevent, for the future, such illegal insurrections as have for some mouths past ap- peared in those parts. In every constitutional measure to HISTORY OF THE OLD CHERAWS. 157 promote these purposes, I shall cheerfully coucur, aud Avill strenuously exert myself/^ In the eonclusion of their address, the Assembly made this reply : — " Your Excellency may depend on our doing everything in our power, to relieve the distresses of our fellow-subjects, in the remote parts of this Province, and thereby prevent future insurrections ; not doubting of your Excellency's cheerfiil concurrence in every constitutional measure that may be thought necessary to answer these good purposes : though, at the same time, the House cannot but lament, the very little power that is left, by ministerial in- structions, in the Legislature of this Province, to remedy the capital grievances which these people labour under; parti- cularly, the want of Courts of Justice amongst them, the want of an equal representation in Assembly, and the exces- sive fees of office, and charges of the law." This portion of the Assembly's address, while respectful in tone, was decided in sentiment, and gave token of the last days of Royalty in Carolina. Here was to be seen the germ of a spirit which continued to grow, until, a few years later, it assumed the form of open opposition and revolu- tionary conflict—the Assembly of the Province having boldly espoused the cause of his Majesty's injured subjects. '' The little power left in the Legislature, in consequence of ministerial instructions, to remedy the capital grievances of the People," was felt more and more, until these instruc- tions ceased to be regarded, and the Governor himself, the last vestige of the power of the throne, was forced to fly from the City, to a British Man-of-War in the harbour of Charles-town. The people were not only determined to be independent as to Courts of their own. There was a general disposition to throw ofl* the yoke, and cherish the spirit of a timely self-reliance. This was the case as to many articles of manufacture which had been supplied to the Colonies from the Mother Country. It will be remembered, that as early as December 22nd, 176S, the letter from a gentleman on Pedee, to his correspondent in Charles- town, related to this matter. He said, '' I expect to see our own manufactures 158 HISTORY OF THE OLD CHERAWS. mucli promoted in tliis part of the Province/^ and samples of wliite cotton cloth^ which had been produced in that region, were sent to Town for inspection. It was stated in the Gazette of March 2nd, 1769, that, " Many of the Inhabitants of the North, and Eastern parts of this Province have this winter clothed themselves in their own manufactures ; many more would purchase them if they could be got ; and a great reform is intended in the enormous expense attending funerals, for mourning, &c., from the patriotic example lately set by Christopher Gadsden, Esq., when he buried one of the best of wives, and most excellent of women. In short, the generality of the People now seem deeply impressed with an idea of the necessity, and most heartily disposed, to use every means to promote industry, economy, and American Manufactures, and to keep as much money amongst us as possible." The next allusion to the subject is found in December of the following year (1770), when a most important plan was set on foot for promoting the objects just referred to. The Gazette of the 29th of Dec'"" contained this intelligence : " The Committee to consider the ways and means for esta- blishing and promoting such manufactures as this Province is capable of producing, have, already had several meetings. It consists of fifteen gentlemen, who have determined to begin, by setting forward a General Subscription to raise a Fund of Money, towards which themselves have collectively subscribed upwards of 2200/. They have chosen Henry Laurens, Esq., for their Chairman and Treasurer : and Subscription Papers are forthwith to be printed, which, with a Circular Letter, are to be despatched to all Parts of the Province. This is one of the measures which an unkind mother and false brethren have given rise to." A non- importation agreement had very generally been entered into, and pledges or articles signed, and great dis- satisfaction was felt now towards the Northern Colonies, in departing from their non-importation agreement — hence the action above. A meeting was held in Charles-town on the 13th inst. (Dec.) and a sub-committee appointed, by the General Com- HISTORY OF THE OLD CHERAWS. 159 mittee of tlie friends of liberty^ to consider of every means for the encouragement of domestic Manufactures and non- importation of tea and various articles of luxury. Of the Circular Letter, to be despatched to the different parts of the Province, no trace has been found. But, of the Subscription Papers, which were also to be printed and sent with the Letter, the following relic appears in a memo- randum book* of the day, viz. : — " Subscribed for the Papers : £ s. Thomas Evans 15 *James Hicks 10 William Coward (paid £3 5s.) 5 James Shields 10 John Adam 10 *Daniel Walsh 5 *John Hodges 5 Philip Singleton 100 Claudius Pegues, jun""- 10 Benj°- Rogers 12 William Thomas, paid 20 13 Charles Sparkes 100 Fran^- Gillespie 5 John David 5 *Charles Mason 150 *Thomas Ellerbe 120 William Ellerbe 7 10 Isham Hodges 5 Joseph Dabbs 5 James Gregg 5 Moses Murphy 10 Duke Glen 10 John Brown 5 John Hodge (Cashway) (paid £i 17s. 6d.) . 10 Daniel Sparks 7 * Tliis old book was found, containing also other valuable matter, among the collection of papers in the possession of Philip Pledger, Esq., in Marlborough District, already referred to. 160 HISTORY OF THE OLD CHERAWS. *Thomas Powe 5 George King 5 John Hire 5 Tristram Thomas 5 ^Ben"- James, Cons"^- 10 Nathaniel Saunders (paid £9 15s.) ... 15 *John Thomson 10 ^John O^Neal, paid 10 Aaron Daniel 100 Auth"- Pouncy 10 Rob*- Witherspoon 10 Thos'- North 5 Stephen Ford, Jun'"- 20 0.'^* This was, doubtless, but one of the lists of subscriptions in the Parish of St. David. The prompt and liberal response of the inhabitants in this matter was only one of the many indications of that determined spirit by which they were now actuated in the struggle for independence. Defensive, not less than offensive, measures were thus set on foot for their protection and support. To the latter they had become accustomed, and were ready for any fur- ther conflict which time might bring about. We have seen how the years 1767 and 1768 were among the most eventful in preparing the minds of the people for Revolution. In bringing this result to pass, the regulation movement and the conflict to which it led, were largely instrumental. Though an extreme measure, it must be sanctioned by the verdict of history, inasmuch as those, who, in the character of humble and loyal subjects of the Crown, began to petition as early as 1752 for the redress of their grievances, but in vain, were justified in the use of the means to which they were driven by necessity. * For some time after the discovery of this interesting record, the author was greatly at a loss to explain it, the simple heading, " Subscribed for the papers" furnishing the only clue to its history. Upon the subsequent dis- covery, in the old Gazette of the day, of the plan of the " Circular Letter and Subscription Papers," «fcc., the difficulty was at once removed. HISTORY OF THE OLD CHERAWS. 161 It was not until every constitutional method was ex- hausted, that they were induced to fall back upon those rights of man which are inalienable. The descendants of the Regulators on the Pedee may revert, with honest pride, to this unequal, but finally success- ful struggle of their fathers. 162 HISTORY OF THE OLD CHERAWS. CHAPTER VIII. The name of St. David — Some account of it — Welch names — Necessity for a parochial organization — Provisions of the Act establishing the Parish of St. David — What it contemplated — The first records of the parish — Pro- ceedings of Commissioners — Names of voters for parish officers — Election of Representative to Assembly — Names of voters — Previous proceedings — Second election — Names of voters — Colonel G. G. Powell — Account of him — Appointment as Judge — Proceedings of Commissioners for building a church — Church officers — Efforts to procure a clergyman — Progress of Church building — History of it afterward — Successive elections for Representative to Assembly — Church officers and other officers from year to year — Proceed- ings of vestry — Notice of individuals — The close of the parish history — Concluding reflections. In the year 1768^ a name appears for the first time among its records^ which was ever after to be identified with the history of the Pedee. This was St. David,'^ the Tutelar Saint of the Welchj given to the first parochial organiza- tion which was here established. The " Welch Neck" is the only other name remaining, to indicate the origin of the Colony that led the way in the settlement of this region. Unlike the English, Erenchj and Spaniards, who, in their first discoveries and settlements in the West, failed not to leave many of their distinctive national appellations behind them, the Welch were satisfied to give to one locality a name that would link it perpetually with the land of their * St. David was the most famous of all the Welch names. He was a Bishop of Wales in the sixth century, celebrated for his learning and piety, and a patron of those schools of literature which flourished there at an early period. He is supposed to have been, by the mother's side, of regal descent. His con- secration took place at Jerusalem, it being a distracted time at home, and the Britons, who were most inclined to devotion, preferring to go thither. His domestice ducation is said to have been under Paulinus, a disciple of St. Ger- man, in Whiteland, Caermarthenshire. Soon after his return from Jerusalem, he attended a famous synod of bishops, abbots, and others, held at a place called " Llandein-Brevi," the church of St. David at Brevi ; and here, by his authority and eloquence, put an effectual stop to Pclagianism, and before the end of the synod, it is said, was chosen, by general consent. Archbishop of Caerleon, and so continued in the exercise of his episcopal functions to the close of an honoured life. His day, as a tutelar saint of the Welch, is 1st March. — Stillingfleet's "Antiquities," vol. ii. pp. 515-523. HISTORY OF THE OLD CHERAWS. 163 fathers. They left, however, a better memorial in those virtuous principles and sturdy traits of character which were transmitted to their descendants. The population of the upper parts of the Parishes of Prince George and St. jNIark's, extending on both sides of the river to the line of North Carolina, had now reached a point demanding a distinct organization of its own. The inhabitants of these parts, remote from the parochial centres below, could no longer endure the disadvantages and hard- ships which their present condition involved, without being seriously affected. Application was accordingly made to the Assembly, and an Act passed, April 1 2th, 1768, "for establishing a Parish in Craven County, by the name of St. David, and for appointing Commissioners for the High Roads in the said Parish.^^ The Preamble to the Act was in these words : " Whereas, the inhabitants residing on Pedee River, in the Parishes of St. Mark's and Prince George, in Craven County, have represented many inconveniences which they are under for want of having a parish laid out and established in the said County, and prayed that a law may be passed for that pur- pose :" it was therefore enacted — " I. That a Parish shall be laid out and established in Craven County aforesaid, bounded in the following manner (that is to say) by a North-West line to be run from the northward-most corner of Williamburg Township to Lynche's Creek, and from thence by that Creek to the provincial line; and that the line dividing St. Mark's from Prince Frederick's Parish, be carried on in the same course from the Great Pedee, where it now ends, to the provincial line aforesaid ; by which, together with lines aforesaid, and Lynche's Creek, the new Parish shall be bounded, and that the said Parish shall hereafter be called and known by the name of St. David. " II. That a Church, Chapel, and Parsonage house shall be built at such places, within the bounds of the said Parish, as the major part of the Commissioners hereafter named shall order and direct. " III. That the Rector or Minister of the said Parish, foi" the time being, shall officiate in the said Church and M 2 164 HISTORY OF THE OLD CHERAWS. Chapel alternately, and shall be elected and chosen in the same manner as the Rectors or Ministers of the several other parishes in the Province are elected and chosen, and shall have yearly paid to him and his successors for ever, the same salary as is appointed for the Rector or Minister of any other Parish in this Province, (the Parishes of St. Philip and St. Michael excepted,) out of the fund appro- priated, or to be appropriated for payment of the salaries of the Clergy of this Province ; and the public Treasurer, for the time being, is hereby authorized and required to pay the same, under the like penalties and forfeitures as for not paying the salaries due to the other Rectors or Ministers of the several other parishes in the Province ; and the said rector or minister of the said Parish shall have and enjoy all and every such privileges and advantages, and to be under such rules, laws, and restrictions as the rectors or ministers of the other parishes in this Province have and enjoy, or are subject and liable unto. " IV. That Claudius Pegnes, Philip Pledger, Alexander Mcintosh, George Hicks, Thomas Ellerbe, Robert Allison, Thomas Lide, Charles Bedingfield, James James, Robert Weaver, Thomas Crawford, James Thompson, Thomas Port, and Benjamin Rogers, be, and they are hereby appointed. Commissioners, or supervisors, for the building of the said Church and Chapel, and parsonage-house in the parish of St. David; and they, or a majority of them, are fully authorized and empowered to purchase a glebe for the said parish, and to take subscriptions, and to receive and gather, collect and sue for all such sum or sums of money, as any pious or well-disposed person or persons shall give and con- tribute for the purposes aforesaid ; and, in case of the death, absence, or refusing to act of any of the said Com- missioners, the Church wardens and Vestry of the said Parish of St. David, for the time being, shall and may nominate atid appoint another person or persons to be Com- missioner or Commissioners, in the place of such so dead, absent, or refusing to act, as to the said Church wardens and Vestry shall seem meet, which Commissioner or Com- missioners, so to be nominated and appointed, shall have the same powers and authorities for putting this Act into HISTORY OF THE OLD CHEllAWS. 165 execution, to all intents and purposes, as tlie Commissioners hei'ein named. " V. Tliat from and immediately after the passing of this Act, the Commissioners herein appointed, &c., do call the inhabitants, &e., together, to choose parish officers, and fix on the most proper places for building the Church and Chapel. " VI. That from and after the dissolution of the present General Assembly, the inhabitants of the parish of St. Mark's (which heretofore chose two members of Assembly), and the inhabitants of the Parish of St. Da^dd, qualified by law for that purpose, shall choose and elect one member each, and no more, to represent the said parishes respec- tively in General Assembly ; any law, usage, or custom, to the contrary in any wise notwithstanding; and that writs for electing members to serve in General Assembly for the said parishes, shall be issued at the same time, and in the same manner as for the several other parishes in this Pro- vince, according to the directions of the Act of the General Assembly in that case made and provided. " VII. That Claudius Pegnes, Philip Pledger, Alexander M'Intosh, George Hicks, Thomas Ellerbe, Robert Allison, Thomas Lide, Charles Bedingfield, James James, Robert Weaver, Thomas Crawford, James Thompson, Thomas Port, and Benjamin Rogers, shall be, and they are hereby ap- pointed Commissioners for the high roads in the said parish of St. David ; and the said Commissioners, or a majority of them, shall have the same power and authorities for laying out, and making and keeping in repair, the roads in the said parish, and shall be subject and liable to the like penalties and forfeitures as the Commissioners for the high roads in the other parts of this Province have, or are subject and liable unto by the laws of this Province ; and in case any of the Commissioners appointed by this Act, shall happen to die, depart the Province, or refuse to act, it shall and may be lawful for the remainder of the Commissioners, or a major part of them, to nominate or appoint another Com- missioner or Commissioners, in the room of him or tliem, so dying, departing the Province, or refusing to act, and the Commissioner or Commissioners, so nominated and appointed, 166 HISTORY OF THE OLD CHERAWS. shall have the same poAver and authorities^ and be subject to the same penalties and forfeitures as the Commissioners ap- pointed by this Act/'"^ The organization here contemplated^ was ecclesiastical, according to the Act of 1706, commonly called the Church Act, for the establishment of religious worship, according to the Church of England, and for erecting Churches, support- ing ministers, &c. It also embraced, in part, the manage- ment of the civil aflPairs of the Parish, as it was made the duty of the Vestry, by Act of 1712,t to nominate yearly Overseers of the poor of the Parish, as well as to exercise other functions strictly civil. The Overseers of the poor, with the Churchwardens, were to have the ordering and relieving of the poor committed to them, out of such monies as might be given for that purpose, or raised by assessments laid on the inhabitants of the Parish. The Vestry was also to bind out orphan children as apprentices ; and by Act of 1721, J it was made the duty of Churchwardens to provide for the election of Members of Assembly. This was the only parochial organization known at the time, and was therefore so ordered as to provide for all the wants and exigencies of the Parish. The first record following the passage of the Act, esta- blishing the parish of St. David, opens the journal§ of the proceedings of the Vestry, and is in these words : " The General Assembly of the Province of South Carolina having passed an Act, bearing date day of , for making a new Parish out of part of the parishes of St. Mark, Prince Frederick, and Prince George; || the following gentle- * " Statutes at Large," vol. iv. p. 300. t " Public Laws," p. 104. % " Public Laws," p. 113. § The old Parish Book, of later years among the records in possession of the vestry, was found by the late Rev. Andrew Fowler at the residence of Mrs. Sarah Pegnes, of Chesterfield District, whose husband was a son of one of the first vestrymen. Mr. Fowler made a visit to St. David's as a missionary, in December, 1819, and was afterwards appointed for a longer period. On one occasion, while searching among the old books and papers at Mrs. Pegnes's this interesting and valuable record was found. Mr. Fowler was a faithful and devoted minister of Christ, planting the Church and building it up in not a few places where it had gone to decay. He died at a very advanced age, a few years since. II It will be observed, that the Act is here said to have been passed for making a new parish out of part of the parishes of St. Mark, Prince Frederick, HISTORY OF THE OLD CHERAWS. 167 men were, by the said Act, appointed as Commissioners for the said Parish, which, by tlie Act^ is appointed to go by the Name of the Parish of St. David '' — and the list of names is then given. On Monday, August 1st, the Commissioners met, accord- ing to public notice, at the house of Charles Bcdingfield ;* when Alexander M'Intosh, James James, and Robert Alli- son, declined acting in the affairs of the Church. f The following parish officers were elected, viz. : Claudius Pegnes, Philip Pledger, Willi am Godfrey, Charles Bediugfield, Thomas Lide, Thomas Ellerbe, and Thomas Bingham, Vestrymen ; Alexander Gordon and Benjamin Rogers, ChurchMardens ; Durham Hitts was appointed Clerk. The oath of office was administered the next day. The names of those who voted for Vestrymen and Wardens were as follows, viz. : " William Hardwick, Duke Glen, John INIackintosh, John Jenkins, Edward Ellerbe, John Hus- bands, Thomas Boatwright, Sen., John Pledger, Robert Anderson, Robert Clary, Benjamin Jackson, James Knight, Samuel Wise, James Thorsby, Thomas Williams, Thomas Wade, and Leonard Dozier — in all 18.'^ The next matter which engaged attention was the elec- tion of a Member to the Commons House of Assembly, as to which the following entries appear upon the Journal of the Vestry : — " Monday, September 26th, 1768. "The vrrits of election of a Member of Assembly for the Parish of St. David ha\'ing been sent up from Charles- town, twenty-six advertisements were sent to the diffi^rent parts of the Parish, requiring the appearance of the inha- bitants of the said Parish at Mr. John Mackintoshes, J on and Prince George. From this it would appear that, according to the under- standuig of the inhabitants at the time, " Prince Frederick" did extend over, forming a part of the territory east of the Pedee. The confusion on this subject in the Acts of Assembly has been mentioned. * This was at what is now known as Irby's Mills, in Marlborough District, on the public road from Cheraw to Bennettsville, and three miles from the former place. t These gentlemen lived some distance below on the river, and two of them were of other religious connexions. X This was just above Cock Run, about two miles below Long Bluflf, on the public road leading thence to George-town, called long afterward the " Old River Road," where the traces of the first settlement are still to be 3een. 168 HISTORY OF THE OLD CHEEAWS. Tuesday ; and at Mr. Charles Bedingfield^Sj on Wednesday^ the fourth and fifth days of October^ ensuing ; Being the Days appointed for the Election of a Member to represent the Parish in the Commons House of Assembly. " Likewise^ Circular Letters were writ to the Captains, James Knight, James Thomas, Thomas Conner, and Ben- jamin Jackson ; and to Messrs. John Kimbrough, William Watkins, Robert Lide, and Gideon Gibson, with two or three of the Advertisements of the Election enclosed in each, to put up at the most Public Places in their respective Districts, and a desire to bring their Comj)anies, under their proper leaders, to the Places of Election, to prevent confusion.^^"^ The Advertisement was as follows : " The Inhabitants of the Parish of St. David are required to meet on Tuesday, the Fourth Day of October, ensuing, at the House of Mr. John Mackintosh, and on Wednesday, the fifth day of the same month, at the House of Mr. Charles Bedingfield, in order to Elect a Member of Assembly for the said Parish. The Hours of Election to be from ten in the forenoon to four in the afternoon. " By Order of the Church wardens, " Durham Hitts, C.P. " September 26th, 1768." The Circular Letter was as follows : " Sir, — You have Enclosed Advertisements, for Electing a Member of Assembly for this Parish. Please to circulate them to the most convenient Places. You are desired by the Captains, Pledger, Hicks, Lide, &c., for the Honor of the Parish, to bring as many Voters as you possibly can to the Place of Election, where they will meet you with each of their Companies. " They also desire that you will keep and bring up the People under their proper Leaders, in order to prevent con- * This precaiation, it will be remembered, resulted from the apprehension on the part of the Government that disturbances might ensue in consequence of the previous action of the Eegulators, and tJte fear, in particular, that numbers of them might come down from North Carolina to overawe the law- abiding citizens, as these last were esteemed, and thus the general state of alarm and confusion be increased. HISTORY OF THE OLD CUERAWS. 1G9 fusion. They hope that you will, ou this occasion, exert yourself to the utmost of your power. " I am, Sir, " Your humble Servant, " Durham Hitts, C.P. "September 2Gtli, 1768." The foregoing Circular Letters were directed for forward- ing to Mr. John Kimbrough, as follows : " Sir, — As the time is so short between our receiving the writs of Election, and the time for Electing of a Member for this Parish (as you will see in the Letter directed to you), you will do a good piece of service to the Public, in causing the Letters enclosed, directed to the Captains, Thomson and Knight, and to JSIr. Watkins and Mr. Gibson, to be conveyed to them as speedily as possible. " I am, Sir, " Your humble Servant, ''Durham Hitts, C.P.'^ "September 26th, 1768." "Tuesday, October the Fourth, 1768. The PoU for the Election of a Member of Assembly for the Parish of St. David, in Craven County, South Carolina, was opened at the House of Mr. Mackintosh, and the following Persons voted, viz. : " Bartholomew Ball Richard Pouder Simon Holmes Francis M'Call, Jun. John Renynolds Thomas Harry "William Reeves John jNIackintosh John Holley Charles M'Call William Lucas Roderick M'lver John Jamieson John Evans Robert Clary Daniel Devonald Samuel Sparks Thomas James Lewis Rowan Alexander Mackintosh Charles Strother Philip Howell John Davis Edward Lowther John Courtney Francis M'Call Malachi Newberry Gideon Parish Thomas Evans William Edwards 170 HISTORY OF THE OLD CHERAWS. John M'Call Jolin Cheeseborough Richard Blizard Nathaniel Douglass Thomas Davidson John Prothero Evans Prothero James Knight James Rogers Joseph Dabbs Peter Kolb John Kimbrough John Cooper David Harry William Dewitt William Allen Andrew Hunter John M'Call Christopher Teal George King Josiah Evans Joseph Luke Samuel Wilds John Rowell Dennis Galphin Benjamin Pruiel Thomas Edwards John Griffith John Knight Philip Pledger James James Daniel Man Magnus Corgill William James John Dyer John Marsha Thomas Levy Robert Blair Lewis Blalock Daniel Luke David Harry Joshua Douglass Jacob Lamplugh Howel James Joseph Barker Isam Ellis William Tyrrell Abel Edwards James Bruce William Pouncey John Jackson Joshua Edwards John Brown Enoch Luke Jenkin David Richard Allen Philip Robland Abel Wilds Edward Jones Benjamin Wright Gilbert Moody Thomas Lane William Megee Samuel Evans Martin Kolb Robert Lide Joseph Alison John Alran John Brown John Flanagan Job Edwards Richard Mc La More Anthony Pouncey Duke Glen Joshua Hickman David Evans Walter Downes Aaron Daniel HISTORY OF THE OLD CHERAWS. 171 John Bruce IMartin Dewitt James Dozier Jolni Darby. " Number of Voters this Day^ 113." '' Wednesday, October 5th, 17G8. The Poll for Electing of a INIcmbcr of Assembly for the Parish of St. David, in Craven County, South Carolina, was opened at the House of Mr. Charles Bcdiugfield, and the following Persons voted, viz. : — Thomas Boatright Lewis Gardiner William Carter Benjamin James John Purvis Charles Bedingfield Enoch James Jesse Counsell William Gardiner John Pledger John Williams John Jenkins Abraham Colt William Elierbe Thomas Elierbe Enoch Thomson Edward Elierbe Charles Irby Alexander Gordon Peter Heathy John Frazier Thomas Sommerlin John Williams William Hardwicke Thomas Lide John Husbands Samuel Hatfield John Jones William Johnson Thomas Williams William Hicks John Beverley George Hicks John Lyons John Sutton Edward Bryan Benjamin Rogers Thomas Bingham William James Thomas Conner Kedar Keaton William Godfrey George Sweeting John Moffatt John Westfield Jonathan Wise John Shumake John Hicks Thomas Rogers Samuel Williams John Pow William Hernsworth Jonathan Willii' ^ \al " Number .if Voters this Day, 53.^ Claudius Pegnes, Esqr., was unanimously elected a 172 HISTORY OF THE OLD CHERAWS. Member of Assembly for the Parish of St. David's, all the Votes for both Days being for him. " The Votes for the first Day were . .113 „ the second Day . . 53 The full number of Votes were . . 166 " To have been elected their first representative by a unanimous vote, was a singular mark of the esteem and confidence entertained for Mr. Pegnes by his fellow-citizens, and more particularly so as he had not been very long a resident among them. He came to Pedee about eight years before, and was now in his forty-ninth year — an active, prudent, and useful man. Retiring in his disposition and habits, he withdrew, after serving one term in Assembly, to the more congenial pursuits of private life — continuing, however, as he had ever been, faithful and untiring in his devotion to the public good and the rights of the people. With the account of this election closes the Parish record for 1768. The proportionate numbers, voting respectively at the two polls, indicate a large preponderance of popu- lation in the lower parts of the Parish. These embraced the two principal settlements of the Welch, near Long Blufi*, and the Sandy Bluff neighbourhood below, which continued for many years after, to maintain the ascendancy. The record of the year 1769 opens with the order for the election of a new Member of Assembly, " the last Assem- bly," it was said, " having been dissolved by his Excellency, the Governor of South Carolina, almost as soon as called." New writs of election were sent up to the churchwardens, February 25th, and the election ordered for the 7th and 8th of March, at the same places as in the former year. At the lower poll, 98 votes were cast, and among them were the following names which did not appear at the former elec- tion, viz. : — Daniel Saunders Jordan Gibson, jun. — Saunders T^xi/i J'uben Gibson John Rothmahler ^ lathaniel Hunt Nicholas Bedgegood Daniel Sparks Daniel Monahan Thomas Avery John Crawford Charles Sparks HISTORY OF THE OLD CIIEKAWS. 173 James Mikell Walter Owens Solomon Staples Harrison Lucas Robert ISIoody Charles Lisenby ;Moses Bass John Hitchcock Joshua Liicas John Crews ISIalachi jNIurphy Blundell Curtis Arthur Hart John Mikell William McTierre William Floyd Stephen Sebastian George Booth Edward Owens Jacob Baxter. Samuel Hasclton At the upper poll 59 votes were cast, and among them, certain names for the first, viz. : — Rebecca Lide Catharine Little Francis Benton Simon Lundy Cornelius Acmens Robert Westfield John Perkins Elizabeth Counsell Michael Griffith Samuel Hards W"^ Gardiner, jun. Silas Harandine Francis Gillespie James Salmons James Lundy Jacob Johnson Richai'd George Daniel Lundy Benjamin Ladd William Lankford Sarah Booth Abel Wilds William Crowley Thomas Wade William Prestwood Soloman Holmes Frederick Kimbell Joel Yarborough William Jackson Thomas Tomkins David Da\ddson Joseph Parsons Thomas Williams on William Hayes.^' At this election, Col. George Gabriel Powell received 154 of the 157 votes cast, and was consequently returned as the new member for St. David^s. It is the first time that the name of Col. Powell appears in connexion with the Parish of St. David, though shortly afterwards to become so promi- nent in all the leading events of its history. He had been for some time in command of the Craven County Regiment. On the 1 0th of August, of this year, he was appointed one of his Majesty's Judges for the Courts of General Sessions and Common Pleas, and took his scat on the Bench the 16th 174 HISTOKY OF THE OLD CHERAWS. October following, retaining it until 1772, when lie was superseded. The change was then doubtless made in consequence of his manly independence and unflinching devotion to the rights of the Colonists. He did not sympathize sufficiently with the Crown, though a loyal subject, as his course with reference to the difficulty at Mars Bluff, of the previous year, very clearly indicated, as it did also a want of co-ope- ration on his part with the Regulators and a misunderstand- ing of their movement. His first charge from the Bench was spoken of in the public Prints of the day, as having given universal satis- faction. On Easter Monday, March 27th, at a meeting of the free- holders of the Parish, at the house of Charles Bedingfield, the church officers of the previous year were re-elected. It was not until the 23rd of September following (1769) that the Commissioners appointed under the Act of Incorporation, for that purpose, held a meeting with reference to the erec- tion of a Church Building. In consequence, however, of some informality in the notice calling them together, there ■was not a full attendance, d^d nothing was done. It was agreed by those present, viz., Claudius Pegnes, Robert Alli- son, Benjamin Rogers, Philip Pledger, Thomas Lide, Thomas Ellerbe, and Charles Bedingfield, that the Commissioners should meet again on the 25th of October ensuing; but, owing probably to the engrossing events of the time, or dif- ferences of opinion as to the location of the Church, no meeting was held, or at least no further entry appears on the records of the Parish, until Feb. 1st, 1770. On that day, at a meeting of the Vestry and Wardens, Ely Kershaw was appointed a Commissioner in the place of Robt. Allison, deceased. And on the 22nd of the same month, an agreement was executed in due form, between Thomas Bingham, of the one part, and Ely Kershaw, Philip Pledger, George Hicks, Thomas Lide, Benjamin Rogers, Charles Bedingfield, Thomas Ellerbe, and Claudius Pegnes, Commis- sioners, of the other part, for the building of the Parish Church. It was to be erected on the south-west side of Pedee River (at Cheraw Hill), upon land given for that purpose by Ely HISTORY OF THE OLD CHERAWS. 175 Kershaw, aud completed ou or before the first day of March, 1772. In consideratiou whereof, the said Commissioners agreed to pay the sum of Two thousand six hundred pounds currency, one half when the building should be raised, en- closed, aud covered ; and the other half upon its completion. It was also provided, by additional agreement, that alter- ations might be made in the stipulated plan, if agreeable to both parties. It does not appear that a Glebe was ever set apart, or any steps taken towards the erection of a Parsonage. This was doubtless owing to the failure to procure a settled clergyman. On the 30th of April, of this year (1770), at a meeting of the Freeholders of the Parish, the following gentlemen were elected Church oflEicers, viz. : — John Kimbrough, Ely Kershaw, Jesse Counsell, Samuel Wise, Henry William Har- rington, John Pledger, and William Ellerbe, Vestrymen : William Godfrey and William Pegnes, Wardens. The important subject of procuring a Parish Clergyman had already engaged attention. During a part of this year, the Rev. James Foidis"^ offi- ciated, but remained a short time only in the Parish. " The Rev. Mr. Hogart, of England, was next in^dted to this Cure ; but not accepting it, application was made, in 1772, to the Rev. INIr. Robinson to officiate, and if approved of, the Vestry would recommend him for Holy Orders." It is probable that this gentleman was a minister of some other communion. The Journals are silent as to the result.f The church building was not completed until some time subsequent to the spring of 1774, as appears from the fact that its unfinished state was made the subject of present- ment by the grand jury of Cheraw District, as will be seen hereafter. It was opened, however, for public worship as early as December 1772, J aud continued to be used in common by * Mr. Foulis had charge of St. Helena parish, Beaufort, during the latter part of 1778. It is not known how long he remained, or what became of him afterwards. t Dalcho's " Church of So. Ca." p. 327. X The Rev. Evan Pugh speaks iu his private journal of having officiated there in the parish church. 176 HISTORY OF THE OLD CHERAWS. the denominations around, as religious ministrations could be had at that early period. It was almost a half century afterward before it was restored to its original use and design as an Episcopal Church. During its common occupancy the burden of its repairs was borne by the inhabitants generally ; and as a consequence, when an exclusive claim was set up in the year 1819 to its possession, no little feeling was aroused, and there was for a time a determination to resist it. The original Act for the Organization of the Parish and the proceedings under it, were either unknown or lost sight of, and having been so long occuj)ied and repaired in common, it is not surprising that a feeling of strong opposition was excited. The discovery, however, of the old Parish records and subsequent investigation, cleared the whole matter up, and the claim was fully established. It was described many years after as a neat church, " a frame building, on a brick foundation, 53 feet long, 30 wide, and 16 high in the clear, with a cove ceiling, and arched windows. The chan- cel 10 feet by 6.'' Subsequently to the year 1819 the interior arrangements were materially altered, the chancel being removed from the side, as it was at first, to the east end, and other changes made. A porch was also added, with a beautifully proportioned steeple. For a short time, during the summer of 1781, it was occupied by British soldiers, and not a few of them, it is said, who fell victims to the climate, lie buried in one com- mon grave under the shadow of its portals. Unharmed by the ravages of time, the venerable building still remains, one of the few material relics left us of that era. It was erected by the sturdy men of that day with the care befitting such a work, and upon a sure foundation. There has been wonderful progress since in every depart- ment of human labour — but a progress rather in matters of outward adornment than in those durable elements and that thorough finish which are calculated for lasting use. The affairs of the Parish continued to be administered with regularity, though becoming more local and circum- scribed than was anticipated at the time of its organization. After the appointment of Col. Powell as one of the Assis- HISTORY OF THE OLD CHERAWS. 177 tant Judges, there appears to have been uo further cleetiou for ]\Ienibers of Assembly until March, 1772, when Col. Charles Augustus Steward "vvas returned. A neW election having been ordered in September following, for the Assembly, which was to meet in Beaufort, 8th Oct., Col. Stewart was again successful, after an exciting contest. There was now a deepening conviction in the minds of the people, that their representatives would shortly be called to contend in a decisive struggle for every constitutional right. The powers of Royalty and of popular sovereignty were being rapidly arrayed. There was a premonitory feeling, in short, though with no clear conception as to the course events would take, that momentous changes were approach- ing. Col. Stewart retained his seat but for one session. In December Col. Powell was again returned. He was re- elected the following February. Up to this time, and for a year later, the Commons House of Assembly consisted of 48 members. It was summoned to meet, February 23rd, 1773, and dissolved for the last time by Royal authority 1st Sept. 1775. During the intervening period Col. Powell continued to represent the Parish of St. David, and was the able and faithful guardian of its rights. He is supposed to have practised at the Bar of Cheraw District ; but, though owning property in it, never had his residence within its limits. With his name closed the list of Representatives of St. David under the old regime.* At a meeting of the Freeholders of the Parish, April, 1771, the following officers were elected, viz. : Jesse Counsell, Ely Kershaw, Charles Bedingfield, Samuel Wise, Thomas "Wade, William Godfrey, and John Westfield, Vestrymen : Thomas Lide and Thomas EUerbe, Wardens : George Hicks, Daniel Lundy, and John ]\Iitchell, Overseers of the pooi\ The list of paupers was increasing, and their support formed the chief burden of the Parish. At a meeting of the war- dens and vestry, Feby. 18th, 1772, it was agreed that the inhabitants should be taxed 2s. 6d. for every 100 acres of laud, and the same amount for all negro slaves, free- Drayton's "Memoirs," vol. i. p. 1G2. 178 HISTORY OF THE OLD CHERAWS. negroes, Mulattoes^ and Mestizoes, to defray the expense of maintaining the poor of the Parish. William Godfrey and Charles Bedingfield were appointed to collect the same. The surplus, if any, was to be paid into the hands of the churchwardens. The following Church Officers were elected, April 20th, 1772, viz. : James Kelly, Daniel Lundy, Jacob Johnson, John Kimbrough, William T\Tiite, William Dewitt, and John Jackson, Vestrymen : Thomas Wade and W™- Henry Mills, Wardens : George Hicks, Malachi Murphy, and Robert Anderson, Overseers of the poor. Nothing of special interest appears among the Parish records of this year. Public affairs were becoming more and more the engrossing topic of thought and conversation, the Parochial Officers giving their attention only to the care of the poor, and the appointment of assessors and collectors of the Parish taxes. On Easter Monday, April 12th, 1773, were elected, Charles Augustus Steward, Claudius Pegnes, Ely Kershaw, Jesse Counsell, Thomas Lide, Thomas EUerbe, and William Dewitt, Vestrymen : Philip Pledger and Samuel Wise, Wardens : Alexander Gordon, Malachi Murphy, and John Blakeney, Overseers of the poor. The meetings of the vestry were more frequent than during the previous year, the care of the poor increasing upon them. The sum of 357/. 13s. was expended in 1772; and in more than one instance 60/. had been appropriated to a single individual — a liberal amount for a sparse population, with limited means at their command. On Easter Monday, April 4th, 1774-, the Church Officers elected were as follows, viz. : Henry Counsell, John Andrew, Thomas Bingham, Burwell Boyakin, Aaron Daniel, John Hewstess, and William Henry Harrington, Vestrymen : Claudius Pegnes and Ely Kershaw, Wardens : John Kim- brough, Charles Evans, jun., and Thomas Conner, sen., Overseers of the poor. Thomas Williams, George Hicks, and William Ellerbe, Avere appointed Parish Assessors, to defray the expenses of the preceding year. The name of Thomas Lide was sub- sequently inserted in the place of George Hicks. A tax of 35., current money, was laid on every 100 acres of land ; also, for all negro slaves, free negroes, Mulattoes and Mes- HISTORY OF THE OLD CIIEKAWS. 179 tizoes. Philip Pledger and Samuel Wise were api^ointcd to colleet the same. The same tax was levied the next year, and Claudius Pegnes and Ely Kershaw were appointed Colleetors. At a meeting of the Vestry on this occasion (April, 1775), the name of Chatham, instead of '' Cheraw '-" and " Charraws," as heretofore, appears for the first time in the Parish re- cords. The change was made in honour of the Earl of Chatham, the eloquent advocate of American rights. The following Church Officers were elected April 24th, 1775, viz. : Aaron Pearson,"^ William Dewitt, William EUerbe, William Strother,t John Westfield, John Jackson, and Charles Irby, Vestrymen : Henry William Harrington and William Pegnes, Wardens : Daniel Sparks, Robert Lowry,J and William Allen, Overseers of the poor. After this time, scarcely anything more than the annual election of ofl&cers, the provision for the Parish taxes, and. the care of orphans, appears in the records. In 1776, the officers elected were, William Ellerbe, Francis Gillespie, Capt. John Blakeny, Thomas Powe, Mat- thew Saunders, Capt. Lafayette Benton, and Buckley Kim- brough. Vestrymen : Col. George Pawley and Claudius Pegnes, Wardens : Alexander Deau Bois and Peter Roach, Overseers of the poor. For 1777, the following : John Kimbrough, Thomas Lide, James Hicks, Thomas Powe, William Pegnes, Joseph Grif- fith, and Robert Lowry, Vestrymen : John Andrews and Charles Irby, Wardens : Benjamin Jackson, John Pledger, and John Jackson, Overseers of the poor. At a meeting of the Wardens and Vestry, 21st June, 1777, it was resolved, "That a letter should be written to * The Pearsons settled on the east side of the river, in what is now M;irl- borough Disti-ict, on a valuable tract of land, known afterwards and from an early day as the " Big Plantation." Moses Pearson was a noted captain in the Revolution. "I" William Strother, whose name appears here for the first time, was a son of Charles Strother, who emigrated from Virginia to Charles-town, and died there. Willi^i Strother moved to Cheraw not long before this period. He married, first, a Miss Rogers, daughter of Uenjamin Rogers, and afterwards, Lucy HicL's, a daughter of Colonel George Hicks. '^ 'I'he Lowrys settled in the upper pnrt of what is now Chesterfield Dis- trict, — a name long and respectably known in its history. N 2 180 HISTOKY OF THE OLD CHERAWS. the Rev. Mr. Winchesters^ to preach a sermon, on Satur- day, the 28th instant, on the happy deliverance of the State from our cruel and oppressive enemies, 28th June, 1776.^^ It was the first anniversary of that auspicious event, and the hearts of the people were full of gratitude to Him, who ruled the destinies of nations, and in the hour of their first great conflict had given them the victory. In the spring of the foUoAving year, the same tax as be- fore was laid, and Charles Irby and William Pegnes were appointed Collectors. The Church Oflficers for 1778 were, Benjamin Hicks, sen., Claudius Pegnes, jun., William Thomas, Francis Gillespie, Thomas EUerbe, William Ellerbe, and John Speed, Vestry- men : Benjamin Hicks, jun., and William Lide, Wardens : Benjamin Rogers, Tristram Thomas and William Blassin- game, were appointed Overseers of the Poor. The foregoing continued in office until the spring of 1780. The following was the record of Parish Officers until 1785 :— For 1780. Wm. Pegnes and Benj. Hicks, Sen. . Wardens. Claudius Pegnes, Jr., Thos. Powe,"! Charles Irby, John Westfield, John f ^ Andrews, John Wilson, and Holdenf '' Wade j John Husbands, Guthridge Lyons.) „ „_ 1 T> . . T 1 I Overseers oi Poor, and Benjamm Jackson . .] Jesse Baggette .... Clerk. 1781. Wm. Pegnes, and Benj. Hicks, Sen. . Wardens. Charles Irby, Claudius Pegnes, Jr.,] John Westfield, Holden Wade, and}- Vestrymen. John Wilson . . . . j Guthridge Lyons .... Overseer of Poor. 1782. Thos. Ellerbe and Wra. Strother . Wardens. * Mr. Winchester was the pastor of the Welch Neck Church, and an ardent friend of his country. HISTORY OF THE OLD CHERAWS. 181 Cliarles Irby^ Claudms PcgncSj Jr./ John Westfield, Jolin AYilson, Wm. -Vestrymen. Lide, Wm. De-vrittj and Wm. Pegues 1783. Thomas Powe, and Claudius Pcgnes, Jr., Wardens. Charles Irby, John Andrews, Thos.\ EUerbe, Benj. Hicks, Jr., Robert I „ Pasley, Jas. Gillespie, and Lemuel j ^ Benton . . . . .j 1784. Benj. Hicks, Sen., and Wm. Pegnes . Wardens. Thos. Ellerbe, Wm. Strother, John\ Westfield, Claudius Pegnes, Jr., John I ^ Wilson, Benj. Hicks, Jr., and Wm. [ ^ Ligate . . . . .j • 1785. Col. Lemuel Benton, and Capt. Calvin) „^ , ^ ^ Wardens. Spencer . . . . .j Thos. Powe, Wm. Ellerbe, Sen., Johnj Andrews, Holden Wade, Wm. p^estrymen. Pegnes, and Morgan Brown . . j . With this year (1785), upon the division of the Parish into Counties, and the establishment of County Courts, the parochial organization ceased to exist. No further records appear until after the year 1819, when the Parish was revived as before mentioned, under Rev. Mr. Fowler. Upon the prorogation of the Assembly in April, 1770, a Bill was under consideration for altering the bounds of St. David^s Parish. It appears to have been subsequently abandoned, and of its provisions nothing is known. Amid the changes of time and ci^dl rule, only the old Parish Church remained to tell its tale in the associations and traditions connected with its earlier days. It had been polluted by the tread of invading foes, and resounded with the shock of arms. Around it lie the dead of successive generations. But a year or two morfe, and its first century will be completed. Long may it stand, a touching relic of the past, the spiritual home and joy of many in the present, and to be open, as of old, to others yet to come ! 182 HISTORY OF THE OLD CHERAWS. CHAPTER IX. Parochial organization inadequate — Disturbances continue — -The Moderators and Regulators — Circuit Courts growing in favoni- — Governor's address on the subject — Circuit Court Bill passed by Assembly — Governor refuses his sanction — Again passed and made a law — Its provisions — Boundaries of Cheraw District — Times for holding courts — Commissioners for building court house and gaol — Their proceedings — Cheraw Hill selected — Petition of Freeholders, &c., against it, and in favour of Long Bluff — Counter peti- tion — Memorial of commissioners to Assembly sust-\ining their action — Assembly decides for Long Bluff — Lieutenant Governor's order to Commis- sioners — Their error — Effect of Courts — The buildings progress — Distur- bances revived — Last affiiir of the kind on Pedee — Court house finished — Account of it — Officers, how appointed — Persons selected — Opening of Court at Long Bluff — Presentments of grand jurj', November, 1772 — Pre- sentments in April, 1773 — Reflections on same — Presentments in Xovember, 1773 — Published accounts— Presentments April, 1774 — Early history ot Bar of the Old Cheraws. Going back to the beginuing of the year 1769;, it will be found that the parochial organization^ established a short time before, did not meet, in some very important respects, the wants of the people. Though affording partial relief in the provision made for a Representative of their own in Assembly, and the care of the poor, it left one of the chief gi'ievances, of which they had long complained, remaining in full force. They were yet without a Court of their own, easy of access, and in which rights could be enforced, and crime punished, without the intolerable burden of long delays and ruinous expenses. Comparative quiet, indeed, had been restored through the effective measures of the Regulators, and yet the disturbances continued to threaten the public peace and safety. In the South Carolina and American General Gazette of 27th March, 1769, it was said :—« Various accounts continue to be received from the back country. A new set of people, who call themselves Moderators, have appeared against the Regulators. These two parties mutually accuse each other. What justice they have on either side, time^ will discover.-'-' The plan of a Circuit Court Act was gaining ground HISTORY OF THE OLD CIIERAWS. 183 daily. On the 29th Jiine, the Governor, in liis address to the Assembly, said : " Although there are several matters that well deserve your serious consideration, I eannot help mentioning to you the grievances that your fellow- subjects suffer in the interior parts of this Province, from the want of an equal distribution of justice, as a matter that claims your immediate attention and regard. As I have lately been an eye-witness to the distresses they labour under, I earnestly recommend to you, to piu'sne such measures as will tend to relieve' them j and, in order to ease your delibe- rations on this point, I will lay before you copies of the Report of the Lords Commissioners for Trade and Planta- tions, on the Bill for establishing Circuit Courts in this Province ; passed some time since, wherein you will see stated, the reasons that operate against that Act's receiving the Royal approbation." This timely and urgent recommendation of his Excellency had the desired effect, though the Assembly needed not any new arguments to lead them to speedy action on the sidjject. The result was, that on the 5tli of July following, a Cir- cuit Court Bill was brought into Assembly, and passed its first reading. It was also stated in the public prints of the day, " that, in consideration of the great inconveniences and grievances to which the back settlers are subject, as soon as the Circuit Court Bill is gone through, another Bill will be presented to the House for establishing temporary County Courts.^' On 27th July, the Circuit Court Bill, having been jjassed, was presented to the Governor, who refused his sanction. On what ground, after his own urgent recom- mendation for some measure of relief, does not appear. There may have been, in his view, some particular featm'c of the Bill of an objectionable character. It passed the House again, and on the 2nd of August received the Governor's approbation. And thus, the long-fought battle ended in victory for the people. Popular rights, enforced by the strong arm of po- pular sovereignty, came out of the conflict triumphant. It was thought advisable by the Government at this cri- tical juncture, to adopt, in addition, a precautionary mea- sure for piescrving the public peace on the Pedce and in 184 HISTORY OF THE OLD CHERAWS. neighbouring parts of the Province. The Gazette of August 10- 17th, said: "His Honor the Lieut.-Gov. has been pleased to appoint George Gabriel Powell, Esq., Colonel of the Militia in the North Eastern parts of this Province, to be one of his Majesty^s assistant Judges ; an appointment, which, it is thought, will give general satisfaction, particu- larly to the back settlers, by whom that gentleman is much and deservedly respected.^^ The Circuit Court Act was passed, " for laying off several Districts or Circuits, and authorizing the holding of Courts of General Sessions and Common Pleas twice a year, for the trial of causes criminal and civil, arising within the same respectively, as nearly as may be, as the Justices of Assize and Nisi Prius do in Great Britain. Circuit Courts were, by this Act, to be held at Orangeburg, Ninety-Six, the Che- raws, George-town, Beaufort, and Charles-town" — to sit six days each. The Courts to be held in Chai^les-town, however, were not strictly speaking Circuit Courts ; but, like those of Westminster Hall, in England, alone possessed of complete original and final jurisdiction, all writs and other civil processes issuing therefrom and being made returnable thereto. The provision made for the interior Districts, was not, for this reason, altogether complete, though a signal advance for them, on their previous condition. Henceforth, Govern- ment became more efficient, and justice was brought nearer the habitation of each individual.^ And withal, as their own rights would thus be made to pass in review before them, as also the wrongs and oppres- sions of Government, if any there were, a decided impetus would thereby be given to the progress of enlightened senti- ments, and the expression of them, in a bold and indepen- dent manner by the people. " By the Circuit Court Act, the Judges were authorized to determine, without a Jury, in a summary way, on peti- tion, all causes cognizable in the Circuit Courts for any sum not exceeding twenty pounds sterling ; except when the title of land should be in question. But each party might claim * Brevard's " Digest/' vol. i. p. 14. HISTORY OF THE OLD CHERAWS. 185 to have the benefit of a Jury trial. The office of Provost Marshal ^vas abolished^ and Sheriffs and Clerks were ap- pointed/'''^ The Judicial District of Cheraws " was to be bounded by the coui'se of Lynche's Creek north from the point where a north-west line from the northernmost corner of Williamburg Township reached the said Creek, to the Provincial line, by the Provincial boundary, and the line dividing St. Mark's and Prince Frederick's Parish, which shall be continued till it intersects the northern Provincial line.''t These boundaries were identical with those of the Parish of St. David, created by Act of the previous year. The Courts were to be holden " on every 15th day of April and November, at the Cheraws, for the District of CheraAvs." And, by the Act, the Judges of the Courts of Common Pleas Avere authorized and directed, " to contract and agree with proper persons, for the building and erecting Court Houses and Gaols, in places most convenient for holding the said Com'ts, and to purchase laud for that purpose." George Hicks, Thomas Lide, Jonathan Wise, Benjamin Rogers, and Eli Kershaw, were appointed Commissioners for building the Court House and Gaol in the CheraAV Pre- cinct. Agreeably to the instructions sent them by the Lieute- nant-Governor, 22nd March, 1770, they met on 13th April, and contracted for one and a half acres of land on CheraAV Hill, whereon they proposed to have the said buildings erected ; as they judged that the most convenient and pro- per place, from its being the most public and healthy situation on the Pedee. Active steps were taken to carry their resolution into eflfect. It excited, hoAvever, very decided opposition on the part of many, who thought the neighbourhood of Long Bluff a better location for the Court House. The result Avas, that a petition for the change, and a coun- ter-petition Avere sent up to the Assembly, and action taken thereon. * Brevard's " Digest," vol. i. p. 15. •j- "Statutes at Large," vol. vii. p. 199. 186 HISTORY OF THE OLD CHERAWS. The following extracts, from the Journal of the House, will explain the whole proceeding : " August iVth, 1770. " A Petition of the Freeholders and Electors of the Parish of St. David^s and the Cheraw District, was presented to the House and read, in the words following, viz. : ' That, where- as an Act of Assembly, passed the 29th July, 1 769, for establishing Courts, &c., for the more convenient adminis- tration of Justice in this Province, and for the ease and advantage of the Inhabitants thereof; And, whereas, there is another Act passed at the last Session of Assembly, nominating the Long Bluff as the place for building the Court House and Gaol for the Cheraw District ; which Acts your Petitioners humbly conceive perfectly answer and con- firm the purposes of the first (to wit), the convenience, ease, and advantage of the Inhabitants ; for your Petitioners think the Long Bluff not far from the real centre of the District ; at least the nearest to it of any place they know suitable for the Court House on Pedee River. These Acts, so wisely calculated to answer many of the greatest and best pur- poses, must, under the present House of Representatives, ever dear to their constituents, and especially to the grateful Inhabitants of St. David, be enforced. Nevertheless, it is with the deepest concern, your Petitioners find themselves under the disagreeable necessity of remonstrating to this Honorable House against the proceedings of a majority of the Commissioners relative to the Court House, they being acquaintances and neighbours of your Petitioners, a conduct your Petitioners apprehend, tending altogether (as far as in them lies), to defeat the good intention of the Legislature, they having appointed the Cheraw Hill (as it is lately called), or a place at or near INIr. Kershaw^s Store, for the Court House, in direct opposition, as your Petitioners appre- hend, to the Act of Assembly : Because, a very worthy Member of the House, of the first character, Thomas Lynch, Esq., informed them there was an Act for having the Court House and Gaol at the Long Bluff, which information was given before they had contracted for any part of the mate- rials ; and soon afterwards, our own worthy and honorable Representative also acquainted them with the certainty of HISTORY OF THE OLD CHE RAWS. 187 the Act, and even sent them a copy thereof, before it was printed, certified by the Secretary, to convince the Commis- sioners they were acting wi-ong : Yet they have contracted for, drawn on and received from the Pnblic Treasurer, three tliousand pounds, in order to buikl a Court House at Cheraw Hill. This appropriation of the public money is, your Petitioners humbly conceive, altogether contrary to the in- tention of the Legislature, and tending to retard the work, wliich will be a prejudice to the whole Province, if, as your Petitioners are told, the Judges do not ride the Circuit till the Court Houses are all finished according to law. If the proceedings of the Commissioners were not contrary to the Act of Assembly, yet, the ill consequences of their conduct to the inhabitants of this Parish, will be obvious to all who consider, that Mr. Kershaw^s store is seventeen or eighteen miles from the Long Bluff, which consequently en- hances the cost of every precept, as well as the expense and fatigue of travelling an unnecessary distance; all which, your Petitioners conceive, the poor people will be the like- liest to suffer, as, in all probability, they will be the most liable to actions of debt. If the intention of the Legisla- ture, in passing the Act, was partly to encourage trade, as some of the Commissioners say, yet, their wanting the Court House at Mr. Kershaw's store, within eight or nine miles of the Province line, would, we think, only encourage the inland trade of that part of North Carolina next to the Court House. There is not an argument which your Petitioners ever heard advanced in favor of Cheraw Hill, nor, any produced against the Long Bluff, why (for con- venience, agreeableness of the place, as well as its central situation) it should not answer all the salutary purposes in- tended by the Act, but what your Petitioners are wdling, if called upon, and think themselves perfectly able to con- fute : and, although two of the Commissioners very candidly confessed they are interested in having the Court House at Cheraw Hill, viz., Messrs. Eli Kershaw and Thomas Lidc, — ' for then we Avill sell grog and osnaburgs,' as Mr. Kershaw expressed it ; yet, your Petitioners with confidence hope, this Honorable House will always protect the public private interests, and we 188 HISTORY OF THE OLD CHERAWS. think we have reason to suspect, that the Commissioners concerned in the Draft upon the Tahle^ intend to use their own and their friends^ interest to have the Act repealed at the next meeting of Assembly, in order to carry their point of having the Court House at Cheraw Hill ; but, should such a motion be made in the House by Petition or other- wise, your Petitioners humbly pray this Honorable House maturely to consider of it, and to repeal or continue the Act, as to you in your great wisdom, shall seem meet/^* " 21st August, 1V70. " A Petition of a considerable part of the Free-holders and Inhabitants of the Cheraw Precinct, in the Parish of St. David, was presented to the House, and read in the words following, viz. : ' That yom- Petitioners have always entertained the highest regard for the Legislature, and were never so sensible of its wisdom and equity as when an Act was passed for the more easy and convenient administration of justice ; nor, did your Petitioners fail of paying due respect to that impartial regard to the general good which appointed this populous part of the country to be a Precinct, by which salutary measure, your Petitioners will be de- livered from innumerable grievances and enjoy one of the best privileges of the British Constitution. That your Petitioners had an additional prospect of felicity by the Commissioners having appointed the Cheraw Hill as the most proper place for the Court House and Gaol to be built on, agreeably to the trust reposed in them, before they were informed of a different appointment made by the Legisla- ture. That your Petitioners (jjaying the greatest deference to the wisdom which originated the choice of the Long Bluff, in preference to the said Cheraw Hill, on account of the former being nearer to the centre of this Precinct), pray for leave to represent, that, from a personal knowledge of both places, they humbly conceive it would better answer the beneficent intention of the Legislature, if the Courts of Justice should be held at the place nominated by the Com- missioners j because your Petitioners apprehend, that the "Journal of House of Assembly," No. 38, pp. 407-409. HISTORY OF THE OLD CHERAWS. 189 centre will certaiuly be removed a cousiclerable distance liigher up, when the error which was made in removing the Provincial line shall be Rectified : and, more especially, be- cause your Petitioners conceive from the situation of the Cheraw Hill, with respect to the country round about it, and also from the apparent circumstances of trade now existing, and very likely to flourish, that place will always undoubtedly be the Capitol of the Precinct, and therefore, every encouragement given to it, will, in the same proportion as it promotes commerce, encourage industry in general, but particularly the poor families on the frontier of this Pro- vince, who are now very numerous, and daily increasing by emigrations from the Northern Colonies, and whose lands are capable of the best improvements; but, were it not for the encouragement given them by the Stores at the Cheraws, their valuable lands would be in a manner lost, on account of the great distance they are situated from market, which circumstance alone has been introductory of some of the worst consequences. Your Petitioners therefore humbly pray, that such instructions may be given to the Commis- sioners as in your wisdom you shall deem most proper/ " Ordered to be taken into consideration to-morrow/^* " 22ad August, 1770. " \Mien the House (according to order), proceeded to take into consideration the Petitions of the Free-holders and Electors of the Parish of St. David^s and Cheraw District, which was presented to this House on the 17th inst., and also the Petition of a considerable part of the Free-holders and Inhabitants of the Cheraw Precinct, in the Parish of St. David, which was presented to this House yesterday, and the Petitions were severally read, and a memorial of George Hicks, Thomas Lide, Jonathan Wise, Benjamin Rogers, and Ely Kershaw, commissioners appointed for building the Court House and Gaol in the Cheraw Precinct, presented to the House, and read in the words following, viz. : ' That they, the subscribers, being appointed commis- sio7iers to contract for, and superintend the building a Circuit Court House and Gaol at Cheraw, in the Parish of * " Journal of the House/' No. 38, pp. 415, 416. 190 HISTORY OF THE OLD CHERAWS. St. Davidj by an Act of the General Assembly, passed tlie 29tb July J 1769, did agreeably to the instructions sent them by the Lieut,-Gov., the 22nd March last, in obedience thereto, meet on the 13th April, and contracted for one and a half acres of land on Cheraw Hill, whereon they proposed to have the said buildings erected, as they judged that the most convenient and proper place, from its being the most public and healthy situation on Pedee River ; Public notice was also given, that they proposed to meet again at Cheraw on the 10th of May, at which meeting they received a letter from George Gabriell Powell, Esq., wherein he informed them, that a bill for removing the Court House and Gaol to Long Bluff had been framed, but had not passed ; that, therefore, the commissioners were left at liberty to have the said buildings carried on with all j)ossible desj)atch, at any place they thought proper : they, therefore, agreeably to this letter, and the instructions sent them formerly, con- tracted for the materials, the chief of which are now ready upon the land above mentioned. " ' But, since our agreeing for the said materials, your memorialists have been informed that the General Assembly had thought proper to have the said buildings at Long Bluff — a place which, they humbly conceive, is not so convenient as the above, being a low situation, surrounded with low, fiat laud, and subject at some seasons of the year to be in a manner surrounded with water, and not likely ever to be a town, or place of trade. " They Avould also beg leave to observe, that though the Long Bluff, as the Provincial line now runs, is nearer to the centre of the Cheraw District, yet they are informed the north Provincial line is likely to be extended higher up ; but, even if it never should, ^tis their opinion that the Cheraw Hill will be as central to the majority of the people, and they conceive it would have been as convenient to have placed the Court House and Gaol for George-town District in the centre of that Precinct, as to place the Court House and Gaol for Cheraw District at Long Bluff. And they further beg leave to observe, that the Cheraw Hill is at present, and has been for many years past, the most public and the greatest place of trade upon Pedee HISTORY OF THE OLD CHERATTS. 191 River. They, therefore^ hope this Honorable House will take the premises into consideration, and get such informa- tion of the situation of both places as to j^our Honors shall seem meet ; and they have agreed, in order that the public may not be disappointed, to continue to forward the work already contracted for, at Cheraw Hill, with all expedition, so as to have them ready as soon as the other Court Houses and Gaols. And, after this Honorable House hath con- sidered the matter, and obtained such information of both places as you may judge necessary, should it then be deter- mined by your Honors to have the said buildings erected at Long Bluff, the frame and other materials might be removed thither by water, though at a very considerable expense. Your memorialists, therefore, thought it neces- sary to lay their proceedings before this Honble. House for their insj)ection, and at the same time to give their opinion respecting both places, in order that they might not be reflected upon hereafter, should this Honorable House be imposed on and persuaded to place the buildings at an im- proper place. " ' And it is not their intention to contract for anything further, until they receive positive orders at which place they can with safety have the said buildings erected.^ " And a debate arising thereon, a motion was made, and the question being put, that the said Petition and Memorial be referred to a committee, the House divided, and the yeas went forth. Teller for the Yeas,] Teller for the Noes,] Mr. M'Kenzie. j Mr. Lowndes. j " So it passed in the negative. " Ordered, " That a IMessage be prepared to be sent to the Lieut. - Gov., to desire, that his Honor will be pleased to give positive directions to the Commissioners appointed for build- ing the Court House and Gaol at the Cheraws District, to cause the said Court House and Gaol to be erected and built at the Long Bluff. " xVecording to Order, the following Message was pre- pared, to be sent to the Lieut. -Gov. ; which, being I'cad a 192 HISTORY OF THE OLD CHEEAWS. second time, was agreed to, and Mr. Speaker ordered to sign the same, viz. : — " May it please your Honor, " It appearing to this House, that some doubts have arisen with the Commissioners for building the Gaol and Court House in the Cheraw District, about the proper place for erecting the same, and the House being of opinion that it is clearly fixed by an Act passed, the 7th of April last, to be at a place called the Long Blufi": we humbly desire that your Honor will be pleased to give positive directions to the Commissioners, appointed for that purpose, to cause the said Gaol and Court House to be immediately erected on the spot appointed by the said Act, that there may be no delay in carrying into execution the good pur- poses intended by the Circuit Court law. " By order of the House, " Peter Manigault, Speaker.'^* " A Message from the Lieut. -Gov., by the Clerk of the Council : — " Mr. Speaker and Gentlemen, " According to your desire, I have given positive orders to the Commissioners for building the Gaol and Court-house in the Cheraws District, to erect the same at the Long Bluff, and to proceed in the finishing these buildings with the utmost expedition. " Wm. BuLL.t " August 23rd, 1V70." The subject was thus very properly disposed of by the House without debate. And though the Act in favour of Long Bluff had not been previously passed, the fact would yet have remained obvious, that the reasons in favour of that location greatly preponderated. The counter petition in support of Cheraw Hill, sounds very much like the pro- duction of a Lawyer paid for the work, and the Memorial signally failed to establish its case. The interest of a por- ■ House Journal," No. 38, pp. 417-420. f Ibid, pp. 421, 422. HISTORY OF THE OLD CIIERAWS. 193 tion of the Coramissionci's, who AA'cre influential, doubtless, gave shape to the proceedings of the Board ; and the struggle was between the interests of a few and the convenience of many. It is a sad illustration, often furnished in the history of human affairs, how men of probity may thus be uncon- sciously biased. Long Bluff itself was almost too high up, could an eligible location below have been made available. Under all the circumstances, it was by far the best point that could have been selected, and there ought not to have been a momeut^s hesitation on the jaart of those entrusted with the work. In the subsequent division of Cheraw Dis- trict into Counties, this was the point most central to them all. It never, indeed, became a place of any commercial note, and was eventually abandoned, or its immediate site, at least, as a place of residence. And yet it was at that time the most central and accessible point for the District generally, and withal, a place of some importance, as it con- tinued to be for many years afterward. Henceforth, Long Bluff Avas to become the resort of judges and lawyers. There, deeds of blood were to meet with their reward, and rigid justice was to be meted out. There, a people, hitherto practically debarred by the circumstances of their position from the exercise of some of the dearest pri- vileges of free-men, were no longer to look upon the admi- nistration of justice and the adjudication of their rights from afar. The law was now to come nigh them, and trial by jury to be their immediate prerogative. Public wrongs, as well as private grievances, were to be the subjects of their investigation and complaint. Answer- able themselves to the Government under which they had been reared, that power, venerable and august as it was, was to become amenable to them in turn for its abuses. And but a few short years were to pass away ere Long Bluff was to become a name, indissolubly associated with all that was lofty and cnnol)liug in the first developments and commanding power of the spirit of independence on the Pedee. The dispute about the location, and the transportation of the materials from Cheraw Hill, cfused some delay in the prosecution of the work. It became necessary therefore to 194 HISTORY OF THE OLD CHERAWS. use all possible despatcli, so as not to be behind tbe other Judicial Districts in the erection of their Court Houses and Gaols. As early as April 12th^ 1770, it was said in the Gazette, " We are advised, from different parts of the country, that the utmost despatch is used by the several Boards of Commissioners for building Precinct Court Houses and Gaols, to complete the same during the course of the present year ; especially in the frontier Districts, which again begin to be infested with great numbers of Horse Thieves and other Vagabonds, from whose depredations and outrages they fear they can never be completely relieved till a Vagrant Act is passed/^ The partial calm which followed the determined action of the Regulators during the previous year, was seriously dis- turbed again. Old offenders, who had been driven off, returned once more. The Gazette of April 5tli said : " We are informed that a great number of Horse Thieves, and other Banditti, who fled from the back parts of this and the neighboi'ing Pro- Adnces quite to West Florida, while the regulating scheme prevailed, after having sold the horses they rode off, are returned and returning, in small parties, by sea, to different sea-ports on this continent, perhaps to play their old game over again ; but they will be narrowly watched, and ^tis not very unlikely that some of these gentry may furnish the first business of our new Circuit Courts.^-* More than a year subsequent to this time, a serious dis- turbance occurred on the Pedee. Of the last notable affair of the kind, the Gazette of October 3rd, 1771, contained the following account: — " Winsler Driggers, a notorious villain, who escaped out of Savannah Gaol about thirteen months ago, under sentence of death, and for the taking of whom a reward of fifty pounds sterling was offered, has at length met with his deserts. He was taken about a month ago, near Drowning Creek, in the Charraw Settlement, proved to be a Mulatto, tried under the Negro Act, and hanged. It seems he had been in those parts some months, collected a gang of other desperate villains, in number near fifty, who committed all manner of depredations. Capt. Philip Pledger, with a HISTORY OF THE OLD CHERAWS. 195 number of his uciglibors, at length made an attempt to take or drive them out of the settlement. As soon as Capt. Pledger^s party appeared, the villains fired, and Driggers wounded Capt. Pledger in one of his arms, so that he has since lost it (it was amputated). Pledger's party returned the fire, killed one William Hodge and one Johnston, Avoundcd Driggers in one arm and the back, who neverthe- less escaped, but was afterwards taken.''* Depredations were committed after this, but by smaller parties and by stealth, until the troubles of the E-evolution came on, when this class of people, under the wing of the Tories, renewed their outrages more boldly than ever. The Court House and Gaol at Long Bluff, now rapidly approaching completion, were built after the substantial manner of those days, when appearance was less consulted than strength and durability. With massive walls and heavy oak frames, carefully selected and well put together, the Court House continued to stand for many years, and until the ancient village, in the next century, had become deserted. It stood on the right of the main street, or road, as it approached the river, and about three hundred yards from the latter. It was taken down about the year 1817. The Parish of St. David, except as to the elective fran- chise, was henceforth to be overshadowed by the more imposing judicial organization now established, and the story of the " Old Cheraws " to become the subject of his- toric renown. The offices created by the Circuit Court Act, of Sheriff, Clerk, &c., were to be filled by appointment of the Crown. The only popular election yet provided for, in addition to Parish officers, was the Member of Assembly. The Sheriff was to be appointed every second year, the Court nominat- ing three proper persons, freeholders, and residents of the District or Precinct, whose names were to be presented to * The tradition of tliis fight was handed down in the neighborhood, and in a correct shape as to many of the particular?;, except that it purported to have been an affair between Captain Pledger and the Tories. It was related to the author by the late Captain John Tei-rell, of Marl- borough, a grandson of Captain Pledger. 'I'Vic fight occurred near the place where Captain Terrell lived and died. Driggers was hung near Muddy Creek, on the Old River Road, six miles below Cheraw, The spot is yet pointed out. o 2 196 HISTORY OF THE OLD CHERAWS. the Governor^ Lieutenant-Governor, or Commauder-in-Chie f for tlie time being, and from whom one was to be selected and commissioned. The names of Charles Augustus Steward, Alexander M'Intosh, and William Henry Mills, were presented to his Excellency the Governor in June 1772, as suitable jDcrsons for Sheriff of Cheraw District. As was to be expected, from what was already well known of these gentlemen in con- nexion with their political sympathies, the latter was selected and commissioned. He retained his place until a change of Government in 1776. On the 3rd of November (1772), the Gazette said: "Since our last, their Honors, the Jiidges, set out to open and hold the Circuit Courts for the several Districts in this Province, which began the 5tli inst., and is the first since the passing of that Act.^^ Chief Justice Gordon and Justice Murray took the " North- Circuit,^'' as it was then called. They were to sit first in George-town. On Monday, the 16th November, henceforth to bo a day memorable in the history of the Pedee, the Court was to open at Long Bluff. Imagination may picture to itself the interest with which the people looked forward to the consummation of their long-cherished wishes, and the triumph of the hard-fought battle for their rights. Happily for them and for their children, the administra- tion of justice in their midst on so august an occasion was not to commence without invoking first the blessing of Heaven, and recalling the sanctions of that Holy Religion, established by Him who is the Lord and Judge of all the earth. In accordance, therefore, with the pious custom of the time, a " Sessions Sermon^' was preached on the morn- ing of the 16th, before the opening of the Court, by the Rev. Nicholas Bedgegood, Pastor of the Welch Neck Church. The duties and responsibilities of those in authority, as well as of the subjects of the state of every degree, were doubtless enforced, and the thoughts of all alike directed to a judgment in the end of the world, from which there is to be no appeal. The Presentments of the Grand Jury for Cheraws Dis- trict, made on Monday the 16th, were ordered to be pub- HISTORY OF THE OLD CHERAWS. 197 lished in the general Gazette of the Province, and were as follows : — " I. "We present, as a gr'icvance; the want of a Law to cleanse the River of the great number of trees and logs which interrupt the na%agation. " II. We present, as a grievance, the want of a Bridge over Thompson's Creek, near Yorkshire Mills ; and another over Black Creek, a small distance above the Ferry, known by the name of Douglass Ferry. " III. We present, as a grievance, the want of a Free- school in the District, " IV. We present, as a grievance, that neither the Laws of this Province, nor the Statutes of Great Britain, now in force, are printed or published in such a manner as to be procured by the inhabitants of this District. " Y. V^e present Edward Williams, late a constable, for suffering Ealph Sutton, charged with Felony, and John Williams, the Prosecutor, to escape from him, — by the infor- mation of Col. Charles Augustus Steward. " Charles A. Steward, Foreman. L.S. Abel Edwards. L.S. Thomas Edwards. L.S. Henry William Harrington. L.S. Robert Blair. L.S. William Godfrey. L.S. Richard Carter. L.S. Samuel Chandler. L.S. Peter Kolb. L.S. John Hodges. L.S. William Dewitt. L.S. George Hicks. L.S. Benjamin Rogers. L.S. Arthur Hart. L.S. Thomas Evans. L.S. Robert Clary. L.S. William Pegnes. L.S. John Perkins. L.S.'^ The attention given by the Grand Jury on this occasion to the important subjects of internal improvements, Educa- 198 HISTORY OF THE OLD CHERAWS. tion^ and tlie Publication of the Laws of the Province, was timely. They were matters of serious regard, and failed not afterward to be brought to public notice as occasion demanded. In the Gazette of 15th December following this account appeared, viz. : " At Cheraws seven Bills were given out, and four found. Jacob Tilley, convicted of Horse-stealing, was sentenced to receive thirty-nine lashes, and to have his right ear cut oif ; Randall Johnson, con- victed of Larceny, was burnt in the hand.^^ On the approach of the April Assizes, 1773, Justices Savage and Fewtrell chose the Northern Circuit. The Court opened for Cheraws, April 15th. The Presentments of the Grand Jury, ordered to be printed, were as follows : — '' I. We present, as a grievance, the want of a Law for cleansing Pedee River. '' II. We present, as a grievance, the want of a Bridge over Thompson's Creek,"^ and also over Black Creek, on the road between the Cheraws and George-town. " III. We present, as a grievance, the want of a Free- school in the District. " IV. We present, as a grievance, the general neglect of" the Militia and Patrol Acts, and recommend that they may be amended. " V. We present, as a grievance, the want of a Vagrant Act, the District being infested with many idle and disor- derly persons, who having no visible means of subsistence, either plunder the industrious inhabitants, or become chargeable to the Parish. " VI. We present, as a grievance, the want of a Chapel of Ease in the lower part of the District. '' VII. We present, as a grievance, that the lines of the District are not now ascertained. " VIII. We recommend that a Law be passed, obliging Persons not resident in the Province, or their agents, to give security, upon commencing any Suit in the Courts of Common Law, to pay the costs thereof, if a verdict shall pass for the defendant ; and also obliging Prosecutors, * This was doubtless at the point referred to in the former Presentment as near Yorkshire Mills ; and was on the road from Cheraw to Long Blufl". HISTORY OF THE OLD CIIERAWS. 199 on behalf of the Crown, for misdemeanor, to pay the costs where the defendant sliall be acquitted, or not prose- cuted to trial. " IX. We present, as a grievance, that witnesses attend- ing the Sessions on behalf of the Crown are not allowed their expences. " X. We present, as a grievance, that neither the Laws of this Province, nor the Statutes of Great Britain, made of force therein, are printed or published. " XI. We present Edward Jones, Constable, for a wilful neglect of his duty, on the information of Unity Hunter. " XII. We present Joseph Gourly, Esq., one of the Justices for the District, as a common drunkard, a pro- fane swearer, and disturber of the peace, on the infor- mation of Robert Dowling. " XIII. We present, as a grievance, the want of a wall to enclose the Gaol and the yard round the same, it being at present entirely open, by which means, persons from without can reach instruments to the prisoners within, to facilitate their escape ; and also the want of a well for the use of the same. Alexander Mackintosh, Foreman. L.S. Claudius Pegnes. L.S. William Johnston. L.S. Samuel Wise. L.S. Thomas Lide. L.S. Thomas James. L.S. Robert Lide. L.S. John Kimbrough. L.S. Martin Kolb. L.S- John Mikell. L.S. Thomas Burton. L.S. Thomas Ayer. L.S. John Hewstess. L.S, Malachi INIurfee. L.S. William Dewitt. L.S. Thomas Ellerbe. L.S. Martin Dewitt. L.S. John Hitchcock. L.S. John Wilds. L.S. 200 HISTORY OF THE OLD CHERAWS. Aaron Daniel. L.S. Magnus Corgill. L.S. Abel Wilds. L.S." The effect upon the minds of the people of having Courts of their own, holden among tliem, was now becoming ap- parent. Respect for the constituted authorities of the Pro\ince was partially restored, and the majesty of the law vindicated. Secure in the feeling that the guilty would not go un- punished, attention Avas naturally turned to those important subjects connected with the general welfare and progress of society, and hence the several matters brought to public notice by the Grand Juries, both for Legislative action, and district regulation and control. It is somewhat singular, as appears from Presentment fourth, that after such recent disturbances and in so un- settled a state of the country, there should have been a general neglect in enforcing the Militia and Patrol Acts. It was doubtless attributable in part to the sparsity of the. population, as Avell as to the difficulty ever existing in the early stages of society, of securing thoroughly organized and constant effort for the removal of public evils, or the enforcement of the laws of the land. A Vagrant Act was now imperatively demanded. The public expression by a Grand Jury of the want of a Chaj)el of Ease (as it was called in the language of the time, being an adjunct of the parish church), was a happy omen for the religious senti- ment and public opinion of the day. The country was very scantily supplied with religious services, and the want of additional facilities for public worship was sorely felt. In this connexion, the presentment of a Justice of the Peace, as a drunkard and profane swearer, is worthy of notice, and is an example which their posterity might well follow more sedulously than they do, as to the high standard of character w^hich ought ever to be required in those who aspire to offices of public trust. The functions of a Grand Jury, as the high inquest of the State, and as here faithfully discharged, have been too much ignored in later times. To such a body the most solemn trust is committed ; and HISTORY OF THE OLD CIIKRAWS. 201 boldly brought to bear upon society, its influence would 1)e largely felt. The conduct of the Grand Juries of the Chcraws District in the early days of its history is worthy of perpetual remembrance. At the November Terra, 1773, Chief Justice Gordon and Justice Savage presided. Up to this time, the name of Thomas Turner appears as Clerk for Cheraw District, and James Johnston deputy-Clerk. The latter place was filled on this occasion by lleury Wm. Harrington. The Presentments of the Grand Jury were as fol- lows : — " I. Y^e present, as a grievance, the want of a Vagrant Act in this Province, this District in particular being in- fested with man}' Vagrants, who do great damage, particu- larly by fire hunting. " II. We present, as a grievance, that the division line lately run between this District and the District of George- town, does not extend lower down Pedee River than sixteen or seventeen miles from the Court House : which, we humbly apprehend, was not originally intended in the division of the Districts in this Province, and therefore do recommend that this matter be taken into consideration by the Legislature. " III. We present, as a veiy great grievance, the want of a Free School in this District. " IV. We present, as a grievance, the Avant of a LaAV for cleansing Pedee River, its navigation at present being very unsafe. '' Y. We present, as a grievance, the want of a Bridge over Thompson's Creek, near Col. Steward's Mill, and another over Black Creek, near the present Ferry. " VI. We present, as a grievance, the present insufficiency of the Gaol of this District, by which persons confined therein are enabled to make their escape ; and we do recom- mend that it be surrounded by a sufficient wall, at a con- venient distance therefrom, to prevent the confederates of the Pi-isoners from furnishing them with implements for breaking the same. " VII. We present, as a grievance, the want of a new Jury list in this District. 202 HISTORY OF THE OLD CHE RAWS. " We recommend that these our Presentments be pu^ lished in the several Gazettes of this Province. " John Kimbrongh, Foreman. L.S. George Hicks. L.S. Wilham Pegnes. L.S. Malachi Mnrfee, Sen. L.S. Robert Lide. L.S. Thomas Ayer. L.S. John Hodge. L.S. Abel Wilds. L.S. Thomas Ellerbe. L.S. Joshua Hickman. L.S. Robert Blair. L.S. Arthur Hart. L.S. William Godfrey. L.S. Alexander Mackintosh. L.S. Martin Dewitt. L.S. Robert Clary. L.S. Elias DuBose. L.S. John Mikell. L.S. James Kelly. L.S. Thomas James. L.S.^ On 21st December, the following notice appeared in the Gazette, viz. : " At Cheraws, twelve bills of Indictment were given out, of which nine were found. Samuel Winds, convicted of Horse-stealing, was sentenced to lose his right ear, and be publickly whipt. John Odom, Sen., Alexander Purvis, and James Wright, convicted of Petit Larceny, were sentenced to be whipt. William Lewis, alias John Macallister, found guilty of Forgery, was sentenced to stand in the Pillory, and be publickly whipt. Samuel Winds, Alexander Purvis, and James Wright have been pardoned by his Honor, the Lieutenant-Governor.^^ Notwithstanding the urgent recommendations of the Grand Juries from time to time, nothing was done by the Legislature to improve the navigation of the river. The matter was not acted upon until some years subsequent to the Revolution. Nor were any steps taken for the estab- HISTORY OF THE OLD CHERAWS. 203 lishment of Free Schools. Difficult as it lias been since to make any adequate proWsion of the kind, the difficulty was mucli greater then in consequence of the low state of the public funds and the sparseness of the population. On Friday, April 14th, 1774, the following Presentments were made by the Grand Jury of CheraAvs, and ordered to be published, viz. : — " I. We present, as a grievance, the want of a new Jury list. " II. We present the Commissioners appointed for build- ing the parish church of St. David, for not having it com- pleted in proper time, the money having been granted by the Commons House of Assembly near four years, for that purpose, — by the information of Charles Augustus Steward, Esq. '^ Alexander Mcintosh, Foreman. L.S. John Hodges, L.S. William Hardwick. L.S. Wm. Henry Harrington. L.S. Malachi Murfee L.S. Joshua Hickman. L.S. Thomas James. L.S. John Wilds. L.S. Robert Clary. L.S. Robert Blair. L.S. Abel Wilds. L.S. Thomas Ayer. L.S. Moses Speight. L.S. Robert Lide. L.S. William Godfrey L.S. Martin Dewitt. L.S. William Pegnes. L.S. Elias DuBose. L.S. Martin Kolb. L.S. Alexander Gordon. L.S." Calvin Spencer was deputy Clerk at this term of the Court. The parish church had been used in December, 1772, as 204 HISTORY OF THE OLD CHERAWS. already stated, tliough doiibtless iu an uufiuished state, as this Presentment wonid indicate. Of the early history of the Bar of the Old Cheraws very little is known. Of its learned arguments, its eloquent appeals, and bril- liant conflicts, no tradition even remains. Up to this time and for years subsequent, there was no resident lawyer in the District. Colonel Powell was doubtless a regular attendant and leading advocate there from the first, as were some of the eminent members of the Bar of Charles-town, with Judges Waties and Brevard, before their promotion to the Bench. The records which remain are silent on the subject, and no tongue is left to tell of the stirring scenes which were enacted there. For many years past every material vestige, except a few scattered bricks, has disappeared. The plough, for more than a generation, has made deep furroAvs over the ground on Avhich the old Court House stood. We can only wander back in imagination to its earlier days, and sadly muse on the past. Another chapter will open, and burning words come back — the opening chapter of the manly declaration of their rights and of their country's wrongs, by the sturdy patriots of the Old Cheraws. HISTORY OF THE OLD CHERAWS. 205 CHAPTER X. A general Congress of the colonics proposed — Scene tlicreupon in Assembly of South Carolina — Action of the Assembly — South Carolina takes the lead — Repeal of the Stamp Act — Declaratory Act — Claim of taxing: tl'c colonies asserted — East India Company imports tea — Course of South Carolina — Cargo restrained from sale — Course of other colonies — Town meetings called — Circular letter from Massachusetts — Arrival of it in Charles-town — Ex- citement — Circular letters sent through the Province — General meeting in Cliarles-town — St. David's represented — Action of meeting — Provincial Congress called — Deputies from St. David's^Action of the Congress — November courts — William Henry Drayton appointed judge — Account of him and his appointment — Presides at Long Bluff — His charge to the grand jury — Address of petit jury in reply — Presentments of the grand jury — Reflections — Account of Judge Drayton^Subsccpient career and death — Action of general meeting in Charles-town as to the poor of Boston — Province sends relief — Subscription in St. David's parish — Reflections — Close of year 1174: — Concluding remarks. As early as 1765, tlie passage of the memorable Stamp Act by the British Parliament roused the American Colonists generally to opposition. To make this feeliug effective, it Avas necessary that some common plan of co-operation should be adopted. Among other propositions offered to secure such a uniform line of conduct in the several colonieSj was that of a general Congress of Deputies to be elected from each. AYhen this measure was first proposed in the Assembly of South Carolina^ there were not wanting, as in all revo- lutions, those who were disposed to frown it down. It was ridiculed by a humorous member, on that occasion, in words to the following effect, viz. : " If you agree to the proposi- tion of composing a Congress of Deputies from the different British Colonies, what sort of a dish will you make ? New England Avill throw in fish and onions. The INIiddle States, flax-seed and flour. ISIaryland and Virginia will add to- bacco. North Carolina, pitch, tar, and turpentine. South Carolina, rice and indigo ; and Georgia will sprinkle the whole composition with saw-dust. Such an absurd jumble will you make, if you attempt to form an union among such discordant materials as the thirteen British Provinces.'' To 206 HISTORY OF THE OLD CHERAWS. whiclij a shrewd country member replied : " He would not choose the gentleman who made the objection for his cook ; but; nevertheless, he would venture to assert, that if the Co- lonies proceeded judiciously in the appointment of Deputies to a Continental Congress, they would prepare a dish fit to be presented to any crowned head in Europe.""^ This reply was worthy of Carolina, and equal to the occa- sion that called it forth. The Commons House of Assembly was prepared for decided action ; and having passed resolu- tions, strongly affirming their rights as British subjects, pro- ceeded to the election of Deputies to the Congress which was to meet the following October. South Carolina was the first of the colonies, out of New England, to take this step towards a Continental union. The effect of the meet- ing of the Congress, and of the decided stand taken by the Colonies, was a repeal of the Stamp Act. The repeal was accompanied, however, by an Act, commonly called the De- claratory Act, which affirmed, " that the Pai'liament of Great Britain had a right to bind the colonies in all cases what- soever.^' In pursuance of this right, thus unconstitutionally claimed, the experiment of taxation was renewed in 1767, though more artfully than before, in the shape of small duties on glass, paper, tea, painters' colors, &c. Again the Colonies petitioned, and agreed, moreover, among themselves, to import no more British manufactures. The Government, alarmed once more at this general and decided manifestation of the spirit of intelligent resistance and revolt, repealed all the odious duties except that of threepence a pound on tea. In the mean time, the East India Company, in order to take advantage of this state of things, adopted the scheme of exporting large quantities of tea, to be sold on their account in the several capitols of the British Colonies. This increased the jealousy of the Colonies, and made them more determined than before to resist the encroachment on their rights. Accordingly, combinations were entered into to obstruct the sales of tea thus sent out by the East India Ramsay's " Revolution in So. Ca." vol. i. p. 13. HISTORY OF THE OLD CHERAWS. 207 Company. A cargo sent to South Carolina was stored, the consignees being restrained from exposing it to sale. In other colonies similar measures were adopted. In Boston a few men in disguise threw overboard 340 chests of tea, the proportion sent by the East India Company to that Province. This led to a retaliatory Act by Parliament, blocking up the Port of Boston, and was followed by other Acts of a similar kind. One of these was called an " Act for the better regulating the Government of Massachusetts,^^ the effect of which was to alter essentially the Charter of tliat Province, taking the executive control out of the hands of the people, and vesting it in the King or his Governor. Other abuses of the most offensive and alarming character speedily followed. The colonists generally took the alarm. The inhabitants of Boston were thrown into the utmost consternation. Town-meetings were called; and at one of them, May 13tli, 1774, a resolution was passed, calling n.pon the other Colo- nies in the most earnest manner to put a stop at once to all importations from Great Britain and the West Indies until the Act for blocking up Boston Harbor should be re- pealed, or else there would be reason to fear " that fraud, power, and the most odious oppressions would rise trium- phant over justice, right, social happiness, and freedom. ^^ A copy of this vote was immediately forwarded to the other Colonies. On its aiTival in Charles-town, intense feeling was excited ; and in order that it might be submitted to the general voice of the people, some of the principal gentlemen of the town caused circular letters to be sent out by express, to every Paiish and District in the Province, calling a general meeting of the inhabitants. The sum- mons was urgent, and met with a hearty response. Everywhere the people assembled, and appointed Depu- ties to meet in Charles-town on the 6th of July ensuing. When that day arrived, " Charles-town was filled with per- sons from the country. One hundred and four Deputies I'cpresented all parts of the Province, except Greenville County, St, John^s, Colleton, and Christ Church Parish, which were without delegations. In behalf of Charles-town, 208 HISTORY OF THE OLD CHERAWS. the General Committee appeared/^'^ Col. George Gabriel Powell was one of the Deputies from St. DavicFs Parish, and took a conspicuous part in the proceedings of the meeting. Of the names of the other deputies from this Parish no record remains. No complete list, indeed, of all those in attendance, appears in the published accounts of the time. The meeting was held under the Exchange, July 6th, and a crowded assemblage it was. At 9 o'clock in the morning, Col. Powell took the chair ; and it was carried, '' that votes should be given by each porson present, and not by Parishes" — and also, " that who- ever came there might give his vote.''' The business of the day then opened with the reading of the communication from the Colony of Massachusetts. Afterwards resolutions were considered, touching American rights and grievances. A resolution was passed, providing for the safety and wel- fare of the Province, by the appointment of a Committee of ninety-nine persons, to act as a General Committee, to correspond with the Committees of the other Colonies, and to do all matters and things necessary to carry these reso- lutions into execution ; and that any twenty-one of them, met together, may proceed in business, their power to con- tinue till the next general meeting.^'t The General Committee was accordingly appointed by the meeting, and consisted of fifteen merchants and fifteen mechanics to represent Charles-town; and sixty-nine planters to represent the other parts of the Province. J' This proceeding,thoughnot strictly authorized by the people in the action taken at their primary meetings, was acquiesced in, as being demanded by the extraordinary circumstances of the time, and manifestly intended for the public good. After a session of three days the meeting adjourned. Thus matters went on, the members of the General Com- mittee attending to their several duties throughout the Province. In the fall, it was determined by the Com- mittee to convene a Provincial Congress, by the election of * Drayton's " Memoirs," p. 126. •j- Ramsay's " Revolution in So. Ca." vol. i. p. 22. X Drayton's " Memoirs," vol. i. p. 131. HISTORY OF THE OLD CHERAWS. 209 Representatives from every District and Parisli in the Province, to meet in Charles-town early in the ensuing year. The designs of the British Government, in the meantime, had been more fully developed, and the neces- sity for increased energy and more perfect union among the colonists was most apparent. By means of the Congress of delegates it was thought the public arm avouUI be strengthened, and the sentiments of the people better known and more (irmly established. For this purpose, on the 9th of November, the Committee issued Resolutions, providing for the general election of Deputies throughout the Province, by appointing the time, describing the Districts and Provinces, and fixing the num- ber of Representatives for each. As before, in fixing ths ratio of the General Committee, thirty were allowed for Charles-town, ten to each of the four large Districts of Ninety-six, of those between the Broad and 'Saluda, the Broad and Catawba rivers, and that eastward of the Wateree ; and six Representatives to each of the Parishes, — making in all one hundred and eighty-four, nearly four times as many as constituted the Commons House of Assembly. The Resolutions required the Representatives elected to assemble in Charles-town on the 11th of January, 1775 ; and also set forth the objects of the meeting, viz., to receive an account of the proceedings of the late Continental Con- gress, to elect delegates for another Congress, to be held in the ensuing May, to elect a new General Committee, and to establish such regulations as the exigences of the times might render necessary. The following gentlemen were elected from St. David's Parish, viz., Honorable George Gabriel Powell, Claudius Pegues, Henry Wm. Harrington, Alexander M'Intosh, Samuel Wise, Esq., and Col. George Pawlcy. In the meantime, the people on the Pedec, fully alive to the critical state of affairs and prepared for every emer- gency, had spoken in language of no doubtful import on those exciting topics which now agitated the public mind. The November Courts [1774!) having come on, the Plonor- able Wm. Henry Drayton, one of his IMajesty's Assistaut- p ^10 HISTORY or THE OLD CHERAWS. Judges^ and Mr. Justice Fewtrell, took the Nortliern Cir- cuity embracing the Districts of Camden, Clieraws, and George-town. Of all the public men of the Province at that time, no one was better qualified, in every respect, than Judge Drayton, to stir up the minds of the people and keep alive in them the spirit of liberty. He had been appointed to the Bench the previous winter in the place of Mr. Justice Murray, deceased. Prior to this time the Bench seems to have been filled with Assistant- Judges of independence and property in the Colony, who served the public in that capacity without fee or reward. Upon the death of Justice Murray, his Majesty's Council found some difficulty in getting a gentleman of proper mark and character to take his place, in consequence of the inadequate inducement, and the probability, moreover, that the appointee would be superseded by a Barrister sent from England. The case seemed difficult to the Council, yet a Judge must of necessity be appointed. After some time spent in agitating the subject, Mr. Drayton (being one of the Council) offered his services until some one should be selected by the King ; which public-spirited behaviour was very readily and unanimously approved by the Lieut. - Governor and Council. This was in January, 1774. Not long after a Pamphlet appeared, under the signature of " Freeman," stating the grievances of America, and present- ing a bill of American rights. It was addressed to the Congress at Philadelphia, and excited general attention. Being understood to have come from the pen of Mr. Dray- ton, it gave great offence to the Royal officers and friends of the Crown. Some strictures were also made in it, respecting the writs of assistance to the Customs, granted by the Judges. These last fancied the thrust was aimed at them. Whereupon, the Chief Justice, Thomas Knox Gordon, and one of the Assistant- Judges, Charles Matthew Cosslet, pre- sented a remonstrance to the Lieut. -Govr., complaining of the publication of " Freeman,^'' charging it to Mr. Drayton, and submitting, whether such a person was fit to hold the office of Assistant- Judge. To this Judge Drayton replied, and before the dispute was settled^ the November Circuits HISTORY OF THE OLD CHEKAWS. 211 came on. Judge Drayton had scarcely left Charles-town when Mr. Gregory arrived from England to take his place on the Bench.* It would have been a signal gain for the Crown^ and as great a loss to the cause of Independence, if the last circuit of this illustrious patriot had been pre- stallcd. He appeared at Long Bluff upon the opening of the Court, on Tuesday, November 15th, and delivered the fol- lowing charge : — " Gentlemen of the Grand Jury, " You are now met to discharge one of the most important duties in society, for you are assembled arbiters of the innocence or guilt of those of your fellow-citizens who are so unfortunate as to have afforded occasion, how^ever slight, for the laws to take cog- nizance of then* conduct. " You are authorized to pass judgment, in the first instance, upon the apparently guilty wa-etch, and by your acquitting voice, to shield apparent innocence fi^om a mali- cious prosecution. Such powers have the constitution of your country vested in you ; powers no less important than truly honorable, when exercised with a fearless integrity. " It is yonr indispensable duty to endeavour to exercise those powers with propriety ; it is mine, concisely to point out to you the line of your conduct — a conduct, which the venerable constitution of your country intends, by protect- ing the innocent and by delivering the guilty over to the course of law, should operate to nourish, in its native vigour, even that constitution itself, from whose generous spirit we have a title to call ourselves free-men, an appellation which peculiarly distinguishes the English subject (those imfortu- nately disappointed fellow-citizens in Quebec excepted), and ranks them above all the civilized nations of the earth. By as much as you prefer freedom to slavery, by so much ought you to prefer a generous death to servitude, and to hazard everything to endeavour to maintain that rank which is so gloriously i^re-emiuent above all other nations. You * Drayton's "Memoirs," vol. i. pp. 151-161. p 2 212 HISTORY OF THE OLD CHERAWS. ought to endeavour to preserve it, not only for its inesti- mable value, but from a reverence to our ancestry from wliom we received it, and from a love of our children, to whom we are bound, by every consideration, to deliver down this legacy, the most valuable that ever was or ever can be delivered to posterity. It is compounded of the most generous civil liberty that ever existed, and the sacred Christian Religion, released from the absurdities which are inculcated, the shackles which are imposed, the tortures Avhich are inflicted, and the flames which are lighted, blown up and fed with blood, by the Roman Catholic doctrines, which tend to establish a most cruel tyranny in Church and State — a tyranny under which all Europe groaned for many ages. " And such are the distinguishing characters of this legacy, which may God, of His infinite goodness and mercy, long preserve to us, and graciously continue to our posterity ; but, without our pious and unwearied endeavours to preserve these blessings, it is folly and presumption to hope for a continuance of them ; hence, in order to stimulate your exer- tions in favour of your civil liberties, which protect your religious rights, instead of discoursing to you of the laws of other States, and comparing them to our own, allow me to tell you what your civil liberties are, and to charge you, which I do in the most solemn manner, to hold them dearer than your lives ; a lesson and charge at all times proper from a Judge, but particularly so at this crisis, when America is in one general and generous commotion touching this truly important point. It is unnecessary for me to draw any other character of those liberties, than that great line by which they are distinguished ; and happy is it for the subject, that those liberties can be marked in so easy and in so distinguishing a manner. And this is the distin- guishing character : English people cannot be taxed, nay, they cannot be bound by any law, unless by their consent, expressed by themselves, or their Representatives of their own election. This Colony was settled by English subjects ; by a people from England herself; a people who brought over with them, who planted in this Colony, and who trans- mitted to posterity the invaluable rights of Englishmen — HISTORY OF THE OLD CHERAWS. 213 rights which no time, no contract, no climate, can diminish. Thus, possessed of such rights, it is of the most serious importance that you strictly execute those regulations Avhich have arisen from such a parentage, and to which you have given the authority of laws, by having given your constitu- tional consent that they should operate as laws ; for by your not executing what those laws require, you would weaken the force, and would show, I may almost say, a treasonable contempt of those constitutional rights out of which your laws arise, and which you ought to defend and support at the hazard of your lives. Hence, by all the ties which mankind hold most dear and sacred ; .your reverence to your ancestors ; your love to your own interests ; your tenderness to your posterity ; by the lawful obligations of your oath ; I charge you to do your duty; to maintain the laws, the rights, the constitution of your country, even at the hazaxxl of your lives and fortunes. " Some courtly judges style themselves the king's servants — a style which sounds harshly in my ears, inasmuch as the being a servant implies obedience to the orders of the master ; and such judges might possibly think that, in the present situation of American affairs, this charge is incon- sistent with my duty to the king. But, for my part, in my judicial character, I know no master but the law ; I am a servant, not to the king, but to the constitution ; and, in my estimation, I shall best discharge my duty as a good subject to the king, and a trusty officer under the constitu- tion, when I boldly declare the law to the people, and in- struct them in their civil rights. '' Indeed, you, gentlemen of the Grand Jury, cannot pro- perly comprehend your duty, and your great obligation to perform it, unless you know those civil rights from which these duties spring, and by knowing the value of these rights, thence learn your obligation to perform these duties. " Having thus generally touched upon the nature and im- portance of your civil rights, in order to excite you to execute those laws to which they have given birth, I will now point out to you the particular duties which the laws of your country require at your hands. 214 HISTORY OF THE OLD CHERAWS. " Unbiassed by aifection to^ and unmoved by fear of, any man, or set of men, you are to make presentment of every person, and of every proceeding militating against the public good. The law orders me particularly to give in charge, to watch carefully over our Negro Act, and our Jury Law — a law which cannot be too highly valued, whether we regard the excellency of its nature, or the importance of its object. This law carries in itself an indelible mark of what high importance the Legislature thought it, when they enacted it ; and it carries in itself, also, a kind of prophecy, that its existence, in its native vigour, would in after times be en- dangered, and therefore it is that the law orders the Judge ever to charge the Grand Juries to watch over it with care j indeed, you ought to do so with the most zealous circum- spection. A learned judge says : ' Every new tribunal erected for the decision of facts, without the intervention of a jury, is a step towards aristocracy, the most oppressive of absolute governments ; and it is therefore a duty which every man owes to his country, his friends, to posterity, and himself, to maintain to the utmost of his power this valua- ble constitution in all its rights ; to restore it to its ancient dignity, if at all impaired ; to amend it wherever it is de- fective ; and, above all, to guard with the most zealous circumspection against the introduction of new and arbitrary methods of trial, which, under a variety of plausible pre- tences, may in time imperceptibly undermine this best preservative of English liberty.^ "^ Mr. Justice Blackstone terms the English Trial by Jury, the glory of the English law. Let me tell you, our trial by jury is that kind of glory in full meridian lustre, in com- parison of which the English mode appears only with diminished splendor. But let not your care of this great object occupy all your attention. You are to find all such Bills of indictment, as the examination of witnesses in sup- port of them, may induce you to think there is a probability that the fact charged is true ; for you are not to exact such circumstantial and positive evidence as would be necessary to support the indictment before a Petit Jury. " To make these Presentments, and to find these Bills, it is not necessary that you all agree in opinion, twelve united HISTORY OF THE OLD CIIERAWS. 215 voices among yoii are sufficient to discharge the duties of a Grand Jury ; but it is absolutely necessary that twelve of you agree iu opinion upon every point under your consider- ation ; and happy, happy, thrice happy are that people who cannot be made to suffer under any construction of the law, but by the united voices of twenty-four impartial men, having no interest in the cause, but that the laws be exe- cuted and justice administered. In short, that you may discharge your duty with propriety, and that you may pursue that course of conduct which the law requires, let me, in the strongest terms, recommend to you, that you keep con- stantly in your mind the nature and particulars of the oatk which you have just taken. To you, this oath is of as much importance as the mariner's compass is to those who sail on the ocean ; this points out the course of their voyage ; your oath as clearly points out to you the course of your conduct. I dare say you are willing to discharge that duty which you owe to society. I make no doubt but that you will dis- charge it with advantage to the public, and therefore with honor to yourselves."* This able and eloquent vindication of their rights, and spirited appeal to his fellow-citizens, both as Americans and British subjects, appears to have been carefully prepared for the occasion, and delivered by the Judge at the other Courts on the Circuit, It was a most critical juncture in the aftairs of the Colonies. The lines were being drawn, and the people were ranging themselves on one side or the other, for the rapidly approaching struggle. And then it was, that no more timely or influential voice was heard among them than that of William Henry Drayton, Whether here, or during his subsequent mission, with Rev. Mr. Tennent, among the disaffected in the Ninety- Six District, — or in his charges afterwards to the Grand Juries of Charles- town, as Chief Justice, or in the Continental Congress — wherever he appeared, the same thrilling tones were heard in behalf of liberty. The Petit Jury were so much roused by the charge on * " American Archives," vol. i. pp. 95'J-U62 ; also, So, Ca. and American General Gazelle, December 16-23, 1774, 216 HISTORY OF THE OLD CHERAWS. this occasion that they were induced to present (though a most unusual course for such a body), a formal address in reply, breathing throughout the lofty spirit of constitutional obligation and patriotic devotion to liberty, which his Honor had impressed upon them. It was in these words : " May it please your Honor, " As your Charge at the opening of the Sessions contained matters of the highest importance to every individual in this Colony, as well as to the Grand Jury, to whom in particular it was delivered, we, the Petit Jury for the District of Cheraw, beg leave to testify our great satisfaction, and to return your Honor our warmest acknowledgments for so constitutional a charge at this alarming crisis, when our liberties are at- tacked, and our properties invaded by the claim and attempt of the British Parliament to tax us, and by their edicts to bind us in all cases they deem proper; a claim to which we will never submit, and an attempt which we are determined to oppose at the hazard of our lives and property ; being fully convinced, that by the Constitution of this Country, we owe obedience to no human laws but such as are enacted with the consent of our Representatives in General Assembly. These being our fixed sentiments, we take this opportunity of publicly declaring them ; and we would esteem it a particular favor conferred on us, if your Honor would direct your Charge to be printed, that the benefit arising from it may be as diffusive as possible, and that it may remain as a pattern of that constitutional lan- guage which a Judge should deliver, who is above Ministerial influence, and knows no Master but the Law.^ " Claudius Pegues, Foreman. William White. William Hardwick. Zachariah Nettles. Benjamin Williamson. Benjamin Rogers. * " American Archives," vol. i. p. 959. This iuvaluable collection of the records of the few years preceding the Revolution is to be found in the Charles- ton Library. S. C. Gazette, December 16-23, 1774, HISTORY OF THE OLD CIIERAWS. 217 Enoch James. William Hickman. Jacob Bruce. Benjamin Davis. Stephen Jackson. Josepli Parsons. ^^ This early declaration of their rights, as American free- men, and of determined resistance to the encroachments of the British Crown to the last extremity, reflected immortal honor upon the bold and inflexible patriots of the Old Cheraws ! Carolina sent forth no timelier or more fearless voice from her ' borders. Nor were the Grand Jury, to whom the charge of his Honor was more specially directed, wanting in the spirit befitting such a crisis. They took the matter into anxious consideration, and on the 19th of November, the day following the address of the Petit Jury, made their Presentments in these words (relating first to local matters) : — " I. We present, as a grievance, the want of a Law for clearing Pedee River, and to prevent trees being felled therein, its navigation at present being unsafe. " II. We present, as a grievance, the want of a Law to prevent the hunting of deer by fire in the night time, by which means many horses and neat cattle are destroyed, to the great damage of the owners. " III. We present Andrew Gibson for wilful and deli- berate perjury ; by the information of George Cusack. " IV. We present, as a grievance of the first magnitude, the right claimed by the British Parliament to tax us, and by their acts to bind us in all cases whatsoever. When we reflect on our other grievances, they all appear trifling in comparison with this ; for if we may be taxed, imprisoned, and deprived of life, by the force of edicts to which neither we or our Constitutional Representatives have ever assented, no slavery can be more abject than ours. " We are, however, sensible that we have a better secu- rity for our lives, our liberties, and fortunes, than the mere will of the Parliament of Great Britain ; and are fully con- vinced that we cannot be constitutionally taxed but by Re- 218 HISTORY OF THE OLD CHERAWS. presentatives of our own election^ or bound by any laws than those to which they have assented. " This right of being exempted from all laws but those enacted with the consent of Representatives of our own elec- tion^ we deem so essential to our freedom, and so engrafted in our Constitution, that we are determined to defend it at the hazard of our lives and fortunes ; and we earnestly re- quest that this Presentment may be laid before our Consti- tutional Representatives, the Commons House of Assembly of this Colony, that it may be known how much we prize our freedom, and how resolved we are to preserve it, " We recommend that these Presentments be published in the several Gazettes of this Province.* Alexander M'lntosh^ Foreman. L.S. Henry W. Harrington. L.S. Thomas Ayres. L.S. Robert Blair. L.S. William Pegues. L.S. Robert Lide. L.S. George Hicks. L S. John Hodges. L.S. Arthur Hart. L.S. Elias Du Bois. L.S. Robert Clary. L.S. Martin Dewitt. L.S. Thomas Eilerbe. L S. Martin Kolb. L.S. John Kimbrough. L.S. Moses Speight. L.S. Thomas Lide. L.S. Thomas James. L.S. John Wilds. L.S. Thomas Edwards. L.S. " Whereupon the following order was passed, viz. : — " South Carolina, " Cheraws District. '' At a Court of General Sessions of the Peace, Oyer and " American Archives," vol. 1. p. 959 ; -.r i , • • "; mu i^T iK/r ojT-i. ro* Volunteers m said Ihomas McManess, 2nd Lieut., P .• i " John Ewbank, Ensign, j On the 23rd of January following, Thomas Williamson was Commissioned Captain in Colonel PowelFs Regiment ; and on 2nd February, Maurice Murphy was also Commis- sioned Captain in the same Regiment."^ Thus thoroughly and extensively organized were the in- habitants of St. David's Parish at this early period for military service. Along the river, and from the extreme upper parts of Lynchers Creek to the neighborhood of its mouth, did the spirit of volunteering extend. The people were roused to the highest pitch of patriotic ardor. Some dissatisfaction, however, had existed among the volunteer companies soon after their organization in Sep- tember, owing probably to the fact, that their services were not at once accepted, and their officers commissioned. And hence, doubtless, the action of the Council of Safety, as it has been given. About this time. Captain Samuel Wise, of the Regiment of Rangers, was induced, for some reason, to resign his commission, as appears from the following letter : — " To the Honorable, the Council of Safety. " Honorable Gentlemen, — I am extremely sorry any in- * The lists of Commissions here given, were taken from manuscript papers of the Council of Safety, known as the " Laurens Papers," now in possession of the Historical Society of South Carolina, and kindly shown to the author by F. A. Porcher, Esq., corresponding secretary. HISTORY OF THE OLD CIIERAWS. 247 cident sliould have arisen that Avould oblige me to send the commission you were pleased to honor me with unto Mr. Drayton ; for^ having entered into the service with a heart full of zeal for the legal freedom of myself and fellow sub- jects of this Province in particular, and the constitutional rights of America in general ; so, nothing less than being dishonored by a suspicion of want of integrity to the great cause of constitutional liberty, would have induced me to have taken this step; and I hope your Honors will be pleased to consider the bitterness of my feelings, when Mr. Draj^ton refused to tell me the name of the man who had thus disgraced me. But, as my friends here seem to think that I have been rather hasty, if your Honors, too, should be of that opinion, I shall be exceedingly grieved ; for it was never my intention to give the least offence, and do beg leave to submit myself and cause to your Honors' judg- ment. " I am, with great respect, " Your Honors' most obedient, " humble Servant, " Samuel Wise."'^ " Charles-town, Sept. 30th, 1775." Captain Wise was a man of the nicest sense of honor, and doubtless betrayed a morbid sensibility under the wound which had been unjustly inflicted on his reputation. He was induced to withdraw his resignation, probably by the Council of Safety, as well as his immediate friends, and continued in the active service of his country, for which he was eminently fitted. The Provincial Congress was called together on the 1st of November. The former members for St. David's were re-elected, and with the exception of Claudius Pegues, Esq., appeared and took their seats. Col. Powell was also elected a member for St. Philip's and St. Michael's, but declined that position in favour of St. David's Parish, Mr. Harrington was one of a committee appointed to report upon the state of the colony, and the proper measures which ought to be pursued for putting the Manuscript papers of Council of Safety. 248 HISTORY OF THE OLD CHERAWS. same into tlie best posture of defence. On Monday, Nov. 6th, it was ordered, " That Mr. President be requested to direct Lieut. -Col. Thompson, of the Rangers, to send Isaac Jordan, a private in his Regiment, charged with horse- stealing and breaking gaol at Cheraws, and cause him to be delivered to the Sheriff of CheraMs Distinct, or his deputy, or to the keeper of the Common Gaol." A new Council of Safety having been elected on 16tli Nov., a committee was appointed the following day, of which Mr. Harrington was one, to " consider of, and bring into one view, the powers and authorities proper to be vested in the Council of Safety.''"'^ On the 28th of Nov., it was resolved, " That the Committee of St. David^s Parish be authorized to purchase what lead they can get, on the public account.'^ On the same day it was also resolved, " That 600 men from Col. PowelFs Regiment should forth- with be detached, and directed to rendezvous at the Couga- rees.^^ And the following letter was thereupon written : — " By authority of the Congress. "Charles-town, Nov. 25th, 1775. " Sir, — You are hereby ordered, with all possible de- spatch, to detach six hundred men of your Regiment, to rendezvous at the Congarees, to act under the orders of Col. Richardson. " I am, Sir, " Your most humble servant, " Wm. Henry Drayton, " To Col. Powell." " President. This action was taken in consequence of difficulties at Ninety-six. There had been a recent skirmish between Patrick Cunningham, Jacob Bowman, and others, on the one side, and a body of militia under the charge of Andrew Williamson, on the other. On the 27th of Nov., Col. Richardson was in camp at the Congarees, and about 1st Dec. crossed Saluda river into the Dutch Fork. A few days after, he was joined by several * Drayton's " Memoirs," vol. ii. pp. 61-77 ; and " Journal of the Congress." HISTORY OF THE OLD CIIERAWS. 249 (letacliments. After advancing southward and eflfecting the object of the expedition,, the troops were disbanded the Latter end of December, and returned to their respective homes. A detachment had started from Pedee under Major George Hicks, but was stopped by the following order from the Council of Safety : — " Wednesday evening, Dec. 20th, 1775. " Gent., — Intelligence which we have just received from Col. Richardson, induces us to believe that he will be able to accomplish the business upon which he was ordered by the Congress, without further aid; and as Col. Powell has intimated, that the detachment from his regiment was either not marched, or if marched, might soon be overtaken by orders : We desire you will take tbe proper steps for re- calling or stopping the detachment, and directing the officer in command to dismiss the men until further orders — after which, he will transmit a proper account of the time of actual service performed by that detachment. " By Order of the Council of Safety, " Henry Laurens, " President.'^ " On Colony Service. — Recommended to the Committee of George-town to be forwarded if needful by express. The expense will be paid by the Council of Safety. " To the Committee of the Parish of St. David.'' On the 29th of Nov. it was ordered by the Congress, " That three hundred pounds weight of gunpowder be delivered out of the public stock, reserved for the aid and defence of this colony, to the order of the Committee of St. David's Parish, to be distributed among' such of the men in Col. Powell's Regiment as are unprovided, to be by them reserved for public uses only." One of the chief difficulties now was to get ammunition as it was wanted, such was the limited supply. After a Session of the most important and decided character, the Congress adjourned, November 29th. The die was cast. The struggle had begun. The people were everywhere in * " Laurens Papers" of Historical Society of So. Ca. 250 HISTORY OF THE OLD CHERAWS. arms. The selfish, it is said, among the merchants and' planters, whose gains were lessened by the cessation of trade, wished for the return of business ; but the main body of both classes most heartily concurred in. the popular measures. No revolution was ever effected with greater unanimity, or with more order and regularity. A great majority of the people determined to sacrifice ease, pleasure, and fortune, and to risk life itself to obtain permanent security for American rights. They believed their liberties to be in danger. Roused by this apprehension, they were animated to the most self- denying exertions.'^ Such was the feeling on the Pedee. With very few exceptions, the intelligent and influential inhabitants were the ardent friends of their country. They had already taken a consj)icuous stand, and to every appeal in behalf of liberty had made a hearty response. Peculiarly exposed to the worst of enemies, they were called, from the first, to bear the heat and burden of a sanguinary conflict with the Tories on Lynchers Creek and the Little Pedee. But tried to the uttermost, they never de- spaired. Among the first to make a public declaration of their rights, tliey were among the last to lay down their arms, when further resistance seemed more than futile, and for a time overpowered, not conquered, they were forced to take protection, but only to throw off every vestige of sub- mission, and, with the returning hope of liberty, to submit to the oppressor no more. * " Ramsay," vol. i. p. 79. HISTORY OF THE OLD CHERAWS. 251 CHAPTER XII. Opening of the year 1776 — Cliarlos-town thi-eatened — Council of Safety writes to Major M'Intosli— Response from Pedoe— Difficulties in Civil Administra- tion — William Strother writes to Council of Safety — The Council provides ammunition for St. David's — The Congress meets — Mr. Harrington's return as to memher in place of Claudius Pegues — Action of Congress — Payments ordered to certain persons in St. David's — Congress takes action as to a " form of government " — Other proceedings — Pay to Major Hicks refused — Additional forces raised — Major M'Intosli elected Lieutenant-Colonel — " Form of government " adopted — Officers elected, and appointments for St. David's — Colonel Powell and Speaker Parsons' address to the President — Colonel Powell elected assistant-judge — Declines — Address of Baptist Churches, by Rev. Messrs. Hart and Winchester to Vice-President Laurens — His reply — Courts opened — Presentments of grand jury of Cheraws— Whigs and Tories — Latter compared with Loyalists — Conflict with Tories on Pedee — Committee of St. David's continues to meet — Abel Kolb — His character — David Williams dies— Major Wise on Sullivan's Island — Letters to Henry William Harrington — Captain Harrington at Haddrell's Point — Prisoners sent to gaol of Cheraws District — Election of two members from St. David's to Assembly — Charges against Colonel Powell — His letter on subject — Action of Assembly — Affair dropped — Salt provided for St. David's — Act passed as to places of election for the parish — First courts after Declara- tion of Independence — Chief Justice Drayton's charge in Charles-town — Presentments of grand jury of Cheraws — Reflections on same — Quiet restored — Commerce revives — Death of Arthur Hart — Letter of Major Wise — Member elected for St. David's — Educational wants sorely felt. The year 1776 T^as ushered in luider the most threatening- aspects for the Province. In the early part of January, the inhabitants of Charles-town apprehended an attack by sea. The Council of Safety acted with the utmost decision. Having made arrangements with Colonel Moultrie for pro- tecting the town, attention was turned to the subject of collecting an adequate militia force from the country. Though the enemy soon after withdrew, the apprehension of an attack still -continued, and the more solicitude was felt as the militia came in slowly. The following letter from the Council of Safety to Major Alexander M'Intosli, at this alarming juncture, shows the state of feeling in Charles-town. " In Council of Safety. " Charles-town, Jan. 13th, 1776. " Sir, — Three ships of war appear at anchor near our Bar, and will probably come within to-morrow. 252 HISTORY OF THE OLD CHERAWS. " One, said by a lieutenant who lias been in a 10 oar'd barge as high as Rebellion Road, and spoke from Fort Johnson, the crew of which passed upon him for simple fishermen, to be of 50 guns — but, we believe only 36 — the other two of 20. They have detached a sloop, probably for the Tamar and Cherokee. The lieutenant was greatly mortified at finding they were not here. The alarm will be fired through the colony to-morrow (INIonday). Your pre- sence, and the presence of every provincial officer, is re- quired here. You will therefore repair to your regiment with all possible despatch, after giving pressing orders to the commanding officer of Col. PowelFs Regiment of militia, to detach to our assistance with all possible expedi- tiouj as many officers and men as will voluntarily come, in small parties of 20 or 50, as they can be collected. " This is the time for evincing our professions and de- clarations of love of liberty and the righteous cause of America. Words are not necessary to influence those who are sincere, to fly to the banner of their country. Order all provincial officers you may meet with, to their duty here immediately. " By Order of the Council of Safety, ''Henry Laurens, President."^ '' Major M'Intosh.'' To this spirited appeal. Major M'Intosh, with other officers, and many of the militia from the Pedee, responded. Major George Hicks went down in command of a detach- ment, and Captain Samuel Wise also commanded a com- pany. On the 6th of February, it was said, three hundred volunteers of Richardson's and PowelFs Regiments, who had been down on duty, being wdlling to renaain, were kept until the 1st of March, the rest of the country militia being dis- charged. This was the first important military service rendered to the Province by the inhabitants of the Upper Pedee. In the present unsettled state of affairs, serious difficulty was experienced in matters of ordinary civil transaction and Manuscript papers of Council of Safety. HISTORY OF THE OLD CHERAWS. 253 adjudication. The waut of some established authority was sorely felt, as iu the managemeut of estates and the case of orphaus. The following letter was addressed to the Committee iu Charles-towu on this subject, from St. David's Parish : — " January 11th, 1776. " Gentlemen, " On the death of sundry persons in the district where I live, application has been made to rae to know how to proceed, or how tbey should obtain Letters of Adminis- tration; and not knowing Nvhat has been resolved by the Congress on such occasion, I beg to be informed, as some of the orphans must suffer greatly in their estates if not shortly secured. '■' Your answer will much oblige, " Your humble servt., " Wm. Strother.* " To the Honorable Council of Safety, Charles-town." The Parish of St. David's was not yet adequately sup- plied with war stores, and the Council took further action, as follows : — " Wednesday, January 24tl], 1776. " The Congress at the late session, ordered three hundred weight of gunpowder to be issued for the use of St. David's. The order was brought to us yesterday under many indorse- ments ; as we think it will save trouble, expense, and risk, we desire you will, upon sight of the order which we have referred to you for that purj:ose, direct a compliance with the contents from the public store of gunpowder under your care, and transmit the order to us. " By order of the Council of Safety, " Henry Laurens, President. " The Committee for George-town.'^ No time was lost in complying with this direction, as appears from the following receipt : — '' Keceived of the Committee at George-town three hundred pounds weight of * Manuscript papers of Council of Safety. 254 HISTORY OF THE OLD CHERAWS. gunpowder, from the public stock_, by direction of tlie Council of Safety, for St, David^s. " Aaron Daniel.* " George-town, Jany. 26th, 1776." On the 1st February, the Congress, which had adjourned 29th of Nov. previous, met again in Charles-town. On the 3rd, Mr. Harrington made this special return, addressed to the President : — " Cbarles-town, Feby. 2, 1776. "Sir, " Claudius Pegues, Esq., one of the six deputies duly elected to represent the Parish of St. David^s in Con- gress, signified by letter, addressed to the Committee of the said Parish, that he declined serving the said Parish in Con- gress. He delivered the letter to me to lay before the Committee, who were not to meet till the 19th of last mouth ; and as the Congress was to sit on the 1st instant, I, as church warden, and not recollecting the resolve of the last Congress relative to elections, advertised the 23rd of January as a day of election for a deputy to Congress instead of Mr. Pegues, when it appeared that William Henry Mills had a majority of votes, of which I acquainted him by letter. " I am. Sir, your most obedient, humble servant, " Henry William Harrington. ^^ " Whereupon, it was resolved. That a Member of Con- gress cannot resign his seat during the continuance of the Congress in which he took his seat as a member ; and, there- fore, as Claudius Pegues, Esq., could not decline his seat in the present Congress, the election of William Henry Mills, Esq., as a member of Congress in the room of Claudius Pegues, Esq., was null and void.^^f On Tuesday the 6th of February, the Council issued orders on the Treasury for the payment of the following sums, among others, viz. : — * Manuscript Papers of Council of Safety. •)• " American Archives," vol. v. p. 566. HISTORY OF THE OLD CIIERAWS. 255 £ s. d. " To ]\Iajor George Hicks, for pay and rations to the detacliment from Col. Powell's Re- giment of Militia, ordered to join Col. Richardson, to be placed to account of Col. Richardson's expedition .... 8567 12 6 "To H. W. Harrington, Esq., so much ad- vanced by him for two expresses,"^ from Charles-town 43 " To Culviu Spencer's order for his service as messenger to the Committee of St. David's 50 " For ferriage of Capt. Wise's Company over Pedee, to John Eddens 10 0" On the 8th of February, a Committee was appointed by the Congress, consisting of the Council of Safety, together with others, of whom Col. Powell was one, " to take into consideration the following resolution of the Continental Congress, passed the 4tli of Nov. last, viz. : ' Resolved, that if the Convention of South Carolina shall find it necessary to establish a form of government in that colony, it be re- commended to said Convention to call a full and free repre- sentation of the people ; and that the said representatives, if they think it necessary, establish such form of govern-- meut as, in their judgment, will bast promote the happiness of the people, and most effectually secure peace and good order in the colony during the continuance of the present dispute between Great Britain and the colonies.' "f A few days after, a Committee of eleven was appointed to prepare and report such a plan or form of government as would best promote the happiness of the people. On the 12th, a committee, of which Mr. Harrington was one, " was appointed to consider and report upon the best method for promoting the manufacture of saltj^etre in the colony."J The want of ammunition began to be sorely felt, and the * This was the item, as a credit, in the account of Mr. Harrington, of receipt for poor of Boston. f Drayton's " Memoirs," vol. ii. p. I7l. J " American Archives," vol. v. pp. 569, 570. 256 HISTORY OF THE OLD CHERAWS. necessity became more apparent daily for relying upon themselves for its production. On the 14th of February, a motion was made, '^ that the Congress do order payment of certain expenses, amounting to 234/., incurred, by a detachment of militia under the command of Major Hicks, lately marched to -this town, for camp utensils and other articles, A debate ensued, and the question being put, it was carried in the negative.''^^ On the 18th, Col. Powell and Cap. Harrington, with others, were placed on a committee to report ujjon the militia, its division, regulations, &c. This important su^bject urgently demanded attention. The haste with which it had been necessary to de^dse certain measures for defence, had involved the military affairs of the colony in more or less confusion. The situation of Charles-town, as was now most apparent, demanded immediate aid from the country for its protection. And notwithstanding the difficulties attending s^^cl^ a step, the Congress voted on the 19th of February, that 1050 men of the country militia should be immediately drafted and marched down. And three days after, the military estab- lishment was augmented by the resolution to raise two Rifle Regiments, one of seven, and the other of five hundred men. The field officers were to be elected by a majority of the ballots of the whole number of members present in the Congress. Of the first Regiment, Alexander M'Intosh was elected Lieut. -Colonel. From this time Col. Mcintosh was engaged in constant service. On the 5th of March the Committee on " a form of Government'^ reported. On the 8th the Congress resolved itself into a committee of the whole, to take the same into consideration. After several days' deliberation it was turned over to the Congress for final disposal ; and from the 15th to the 26th of March, carefully weighed in its details, well adjusted in every part, and on the latter day, under the title " of a Constitution or Form of Government," adopted. A Legislative Council of thirteen, to be elected by ballot . American Archives," vol. v. pp. 569, 570. HISTORY OF THE OLD CHERAWS. 257 from the members of AsscDibly, for two years^ was substi- tuted iu the plaee of the " Kiug^s Privy Council/' as for- merly^ the Vice- President being ex-officio a member and President of the same. The legislative authority was vested in the General Assembly and Legislative Council ; both of which were to be elected every two years. The General Assembly was to consist of the like number of members as the Congress had done^ each district and parish having the same representation as was then present. This gave to St. David's six members. Justices of the Peace were to be nominated by the General Assembly^ and commissioned by the President and Commander-in-Chief, during pleasure. All other judicial officers were to be elected by joint ballot of the Assembly and Council. All persons chosen and appointed to any office, or place of trust, before entering upon the execution of the same, were to take the following oath, viz. : " I, A.B., do swear that I will to the utmost of my power, support, maintain, and defend the Constitution of South Carolina, as established by Congress on the 26th day of March, One Thousand Seven Hundred and Seventy-six, until an accommodation of the diffi- culties between Great Britain and America shall take place, or I shall be released from this oath by the Legislative authority of the said colony, so help me God." Such were some of the features of the " Constitution, or Form of Government," thus adopted. An accommodation of the difficulties with the Mother Country seemed yet to be looked forward to as an event not impossible ; and therefore this provision made for regulating the affairs and promoting the welfare of the Province was so far only temporary. On the day of its adoption, the election of officers took place under the Constitution. George Gabriel Powell, one of the members for St. David's, was made Speaker of the Legisla- tive Council. Henry William Harrington was elected Sheriff for Cheraws District, and the following gentlemen were nominated as suitable persons to fill the office of Justices of the Peace for the same, viz. : John Alran, Henry Wra. Harrington, George Pawley, William Dewitt, Arthur Hart, Claudius Pcgues, Elias DuBosCj John Kimbrough, William Pegues, Charles Evans, 258 HISTORY OF THE OLD CHERAWS. Thomas Licle^ Pliilip Pledger, Robert Gray, Wm. Henry Mills, and George Hicks.* In the present critical state of public affairs, this office was one of much importance, and hence men of intelligence, influence, and well-known principle were selected for the post. On the 3rd of April, Mr. Speaker Powell and James Par- sons, Esq., Speaker of Assembly, made the following address to tlie President, John Rutledge, Esq. " May it please your Excellency : " We, the Legislative Council and General Assembly of South Carolina, convened under the authority of the equitable Constitution of Government established by a free people, in Congress, on the 26th ult., beg leave, most respectfully, to address your Excellency. Nothing is better known to your Excellency than the unavoidable necessity which induced us, as members of Congress, on the part of the people, to resume the powers of Government ; and to establish some mode for regulating the internal polity of this colony ; and, as members of the Legislative Council and General Assembly, to vest you, for a time limited, with the executive authority. Such constitutional proceedings on our own part we make no doubt will be misconstrued into acts of the greatest criminality by that despotism which, lost to all sense of justice and humanity, has already pre- tended that we are in actual rebellion. But, Sir, when we reflect upon the unprovoked, cruel, and accumulated oppres- sions under which America in general, and this country in particular, has long continued ; oppressions, which gra- dually increasing in injustice and violence, are now by an inexorable tyranny perpetuated against the United Colonies, under the various forms of robbery, conflagration, massacre, breach of the piddic faith, and open war — conscious of our natural and inalienable rights, and determined to make every effort in our power to retain them ; we see your Ex- cellency's elevation, from the midst of us, to govern this country, as the natural consequence of such outrages. * " American Arcliives," vol. v. p. HISTORY OF THE OLD CHERAWS. 259 " By tlie sufFrug-cs of a free people, you, Sir, have been clioseu to hold the reius of Goverumeut ; an eveut, as honor- able to yourself, as it is beneficial to the public. " We firmly trust, that you will make the Constitution the great rule of your conduct, and, in the most solemn manner, we do assure your Excellency, that, in the discharge of your duties under that Constitution, which looks forward to an accommodation with Great Britain (an event which, though traduced and treated as rebels, we still earnestly desii'e), we will support you with our lives and fortunes.""^ To this address the President made a brief and happy reply. After putting the Government in operation and transacting other important business, the General Assembly adjourned, to meet the first of October following, leaving the administration of affairs in the mean time to the Presi- dent and Council. On the 27th of March, the day after the adoption of the Constitution, Col. Powell was elected one of the Assistant Judges, but requested leave to resign, and giving such reasons as were satisfactory to the House, his request was granted. It was the second time this honor had been con- ferred upon him, the Royal Government having previously elected him to the same position. Col. Powell was highly esteemed, and had been for years prominent in the afiairs of the Province. That he should have persistently retained his connexion with St. David's Parish, though not a resident, and declined the representation of such Parishes as St. Philip's and St. MichaeFs, is a fact of which we can give no explanation ; unless it was, that having become interested in the Upper Pedee by his attendance at the Bar of Cheraw, and the purchase of lands, and honored with the confidence of the people from the first, a feeling of gratitude prompted him to remain in their service to the close of his career. The rising spirit of liberty and the present alarming crisis affected all classes. Religious bodies were roused to take a decided stand, and Erayton," vol. ii. p. 26 i. s2 260 HISTORY or THE OLD CHERAWS. by their encouraging tones of approval^ to stimulate tlie public men of the day in their efforts for the country. The following address is expressive of the feeling that prevailed : — " To the Honorable Henry Laurens, Esquire, Vice-President of the Province of South Carolina. " The address of the Baptist Congregations in said Province. " May it please your Honor, " We can truly say, we rejoice in the present happy form of government established among us ; and beg leave to assure you. Sir, that we are filled with the most sensible pleasure on your Honor being chosen Vice- President, as it is well known that you are a most hearty friend to liberty, and have managed the many important trusts committed to you with fidelity. It gives us joy, that you. Sir, are still continued in the important service of your country at this critical juncture ; and we do most heartily congratulate you on this happy occasion. We hope yet to see hunted Liberty sit Regent on the Throne, and flourish more than ever under the administration of such worthy patriots ; may we not hope that the time is come, in which our rulers may be men fearing God, and hating covetous- ness, a terror to evil-doers, and a praise to them who do well ! We bless God that he hath begun our de- liverance ; and that he will complete it, shall be our constant prayer. " And now, wishing your Honor all peace, happiness, and prosperity upon earth, and everlasting happiness above, we subscribe ourselves, your Honor's most obedient and most humble servants, Oliver Hart, Pastor of the Baptist Church, in Charles-tovrn. Elhanan Winchester, Pastor of the Baptist Church, at the Welch Neck, on Pedee. " Signed in behalf of the Baptist Congregations in general, this 30th day of March, 177 Q." HISTORY or THE OLD CHERAWS. 261 To tliis INIr. Laurens replied as follo-«'s : — " Gentlemen, " I receive your address on behalf of the Baptist Congregations with the same cordiality of affection in which, I am persuaded, it was made, although it becomes me to acknowledge, that you have done me an honor Avhich I had no ground to expect. " The persecution against the liberties of American sub- jects, which, immediately after the death of his late jNIajesty, of glorious memory, was devised at the Court of St. James, and which, at different periods, has been revived, rendered it necessary to make occasional and suit- able opposition. " Hence the appointment of Committees in every town and district from New England to Georgia; hence the assembling of that august body, the Representatives of the Thirteen United Colonies, in Congress, at Philadelphia, and of the Congress and Council of Safety in this colony ; hence also those numberless humble Petitions and Ad- dresses to the Throne, and to both Houses of Parliament, which have in every instance been most ungraciously spurned, and treated with disdain by the King and his Ministers. " The high hand with which that persecution hath lately been carried on by imprisonments, bloodshed, confiscations, plunder, and barbarous devastation of cities and towns by fire, hath at length impelled the colonists to make a solemn appeal to the King of kings, and to resist by force and arms. One obvious measure in the plan of our enemies and cruel persecutors, was to drive the peaceable and de- fenceless inhabitants of the Colonies into a state of confu- sion, by depriving them of the benefit of legislation, and the ordinary mode of representation by assemblies. This fact is incontestal)ly proved by those repeated prorogations and dissolutions which blot the pages of every journal where the King's ministers could extend and exercise their master's prerogative. " South Carolina had in an eminent degree suffered by this species of revenge, which has been aggravated of late 262 HISTORY OF THE OLD CHERAWS. by daily menaces of attacks by British soldiers and ships of war, by instigated insurrections of negroes and inroads by savage Indians ; and by what was more to be dreaded, fire and sword in our very bowels, by the hands of false brethren; in a word, ' the sword without and terror within, threat- ened to destroy both the young man and the virgin, the suckling also, with the man of grey hairs/ But, through the special protection of Divine Providence, a happy union of the principal inhabitants was formed, and we have hitherto miraculously escaped. This metropolis, since the late Governor's desertion, has been kept in a state of quiet- ness and good order unknown in almost every former period. After long suffering and forbearance, the people of this country, seeing the noble lord who had been sent to be their Governor, although he had abandoned his post, still continuing in this and the next neighboring colony, exercising and encouraging every hostile and injurious act against them, judged it indispensably necessary to resolve upon the present form, as a temporary expedient for govern- ment, imtil an accommodation of our disputes with Great Britain and a redress of grievances can be obtained. " I had the honor of being one among many who framed that Constitution. It therefore makes me happy to learn that those respectable bodies, the Baptist Congregations, are satisfied and pleased with the important event. I esteem, as equally friendly and obliging, their particular gratula- tions upon my being called by my country to act in the honorable station of Vice-President of the Colony, and I accept them with thankfulness. " Let each man among us, whether in the State or in the Church, whether in public or in private life, by example, by precept, by every becoming act, persevere, and be ready with his life and fortune to defend the just cause in which God has been pleased to engage us. " We shall, weak as we are, succeed against those who have assumed to themselves the powers of Omnipotence, who trust in fleets and armies to determine the fight. We shall be the happy instruments of establishing liberty, civil and religious, in a wilderness, where towns and cities shall grow, whose inhabitants to the latest posterity will look HISTORY OF THE OLD CHERAWS. 263 back to this happy epoch, and celebrate and bless the me- mory of this generation. In order effectually to accom- plish these great ends, it is incumbent upon us to begin wisely, and to proceed in the fear of God ; and it is espe- cially the duty of those who bear rule, to promote and encourage piety and virtue, and to discountenance every degree of vice and immorality. " I have the honor to be, Reverend Sirs, " Your faithful, affectionate, '^ and obliged humble servant, " March 30th, 1776. " IIenry Laurens.''^ ''To the Rev. Oliver Hart, M.A., Pastor of the Baptist Church in Charles-town, and the Rev. Elhanan Winchester, Pastor of the Baptist Church at Pedee, on behalf of the Baptist Church Congregations in South Carolina.^^ The establishment of the new Government, the first organized in any of the colonies, inspired fresh confidence and gave increased strength to the union of the i^eople for the defence of their liberties. Order followed confusion, and a uniform conduct in those who governed took the place of the uncertainty and capri- ciousness that had prevailed before. The State and District officers entered upon the discharge of their respective duties, and the courts of law, which had l^een suspended for nearly twelve months, were opened on the 23rd of April (1776), " with great solemnity ; to the infinite joy of the well- disposed, and the discomfiture of those whose offences called for punishment."t It was on this occasion that Chief Justice Drayton, in language similar to that he had held eighteen months before, delivered his first charge to the Grand Jury of Charles-town District. And again did the Grand Jury of Cheraw District, par- taking in the general feeling of enthusiasm which now prevailed, give expression to their deep convictions as to the just and righteous cause of their oppressed and bleeding country. * So. Ca. Gazette. f " Drayton," vol. ii. p. 253. 264 HISTORY OF THE OLD CHERAWS. At a Court for said district, liolden at Long Bluff, ou Monday, May 30th, Mr. Justice Matthews presiding, the following presentments were made : — " I. When a people born and bred in a land of freedom and wtue, uncorrupted by those refinements which effemi- nate and debase the mind, manly and generous in tlieir sentiments, bold and hardy in their nature, and actuated by every principle of liberality, from too sad experience are convinced of the wicked schemes of their treacherous rulers to fetter them with the chains of servitude, and rob them of every noble and desirable privilege which distinguishes them as freemen ; justice, humanity, and the immutable laws of God, justify and support them in revoking those sacred trusts which are so impiously violated, and placing them in such hands as are most likely to execute them in the manner and for the important ends for which they were first given. '' II. The good people of this colony, with the rest of her sister colonies, confiding in the justice and merited j)rotection of the King and Parliament of Great Britain, ever signalized themselves by every mark of duty and affec- tion towards them ; and esteemed such a bond of union and harmony as the greatest happiness. But, when that protection was wantonly withdrawn, and every mark of cruelty and oppression substituted ; when tyranny, violence, and injustice took the place of equity, mildness, and affec- tion ; and bloodshed, murder, robbery, and conflagration, and the most deadly persecution stamped the malignity of their intentions ; self preservation, and a regard to our own welfare and security became a consideration both important and necessary. The Parliament and Ministry of Great Britain, by tlieir wanton and undeserved persecutions, have reduced this colony to a state of separation from them, un- sought for and undesired by her : a separation which now proves its own utility, as the only lasting means of future happiness and safety. What every one once dreaded as the greatest misery, they now unexpectedly find their greatest advantage. Amidst all her sufferings, and the manifold injuries which have been done her, this colony was ever HISTORY OF THE OLD CHERAWS. 2G5 ready, with her sister colonies, to ask for that reconeiliatioii whieh showed every mark of forgiveness and promise of future harmony. But how were they treated ? Each token of submission was aggravated into usurpation ; humble petitions styled insults ; and every dutiful desire of accom- modation treated with the most implacable contempt. Cast off, persecuted, defamed, given up as a prey to every violence and injury, a righteous and much-injured people have at length appealed to God ; and trusting to His divine justice, and their own virtuous perseverance, taken the only and last means of securing their own honor, safety, and happiness. " III. We now feel every joyfol and comfortable hope that a people coidd desire in the present Constitution and form of Government established in this colony : a Constitution founded on the strictest principles of justice and humanity ; where the rights and happiness of the whole, the poor and the rich, are equally secured ; and to secure and defend which, it is the particular interest of every individual, who regards his own safety and advantage. " IV. When we consider the public officers of our present form of Government now appointed, as well as the method and duration of their appointment, we cannot but declare our entire satisfaction and comfort, as well in the character of such men, who are justly esteemed for every \'irtue, as in their well-known abilities to execute the important trusts which they now hold. " V. Under these convictions, and filled with these hopes, we cannot but most earnestly recommend it to every man, as essential to his own liberty and happiness, as well as that of his posterity, to secure and defend with his life and for- tune, a form of government so just, so equitable, and promis- ing ; to inculcate its principles upon his children, and hand it down to them unimpaired, that the latest posterity may enjoy the virtuous fruits of that work, which the integrity and fortitude of the present age had, at the expense of their blood and treasure, at length happily effected. " VI. We cannot biat declare how great is the pleasure, the harmony and political union which now exist in this 266 HISTORY OF THE OLD CHERAWS. district affords ; and having no grievances to complain of, only beg leave to recommend that a new 'jury list' be made for this district, the present being insufficient. " And lastly, we beg leave to return our most sincere thanks to INIr. Justice Matthews for his spirited and patriotic charge ; at the same time requesting, that these our Present- ments may be printed in the public papers. " Philip Vledger, Foreman. Abel Edwards. John Hewstis. Charles M^Cal!. John Wilds. Thomas Lide. Martin Dewitt. John Mikell. Benjamin James. Magnus Corgill. Thomas Bingham. Peter Kolb. Benjamin Rogers. Thomas Ellerbe. Moses Speight." These spirited Presentments,* not unmeet to be placed side by side with those which had been made before by the Grand Juries of Cheraw District, were republished in full in England the following winter. The "harmony and political union" referred to as existing in the district, continued throughout the Revolution to be strikingly characteristic of its inhabitants, except in the outskirts, and in the case of a few individuals here and there on the river. No other part of the Province was more united in patriotic feeling. The distinction of Whig and Tory took its rise during * They appeared in the " Reniembrancer ; or, Impartial Repository of Public Events. Part iii. for the year 1776. London, 1777." A copy was tirst placed in the hands of the author hy Mr. Hugh Godbold, of Marion, already referred to ; and the volume containing them, with others of the series, a valuable collection, was afterwards presented to the author by Mr. G. HISTORY OF THE OLD CIIERAWS. 267 the previous year. Both parties in the interior country were then embodied^ and Avere oljliged to impress provisions for their respective support. The advocates for Congress prevailing, they paid for articles consumed in their camps ; but as no funds were provided for discharging the expenses incurred by tlie Royalists, all that was consumed by them was considered as a robbery. This laid the foundation of a piratical war between Whigs and Tories, which was pro- ductive of great distress, and deluged the country with blood. In the interval between the Insurrection of 1775 and the yerfr 1780, the Whigs were occasionally plundered by parties who had attempted insurrections in favor of Royal Government.^ This testimony of a contemporary writer was emphatically true of the struggle on the Pedee, but was far from repre- senting all that marked the conflict in this region. The Whigs of Cheraw District were subjected to frequent pre- datory incursions by the Tories from the neighboring parts of North Carolina towards Drowning Creek and Little Pedee. These were Scotch settlements chiefly, and were capable of sending out large parties to plunder the patriotic inhabitants along the valley of the Pedee. There were undoubtedly many worthy persons among the loyalists — men who were actuated by noble feelings and generous sentiments, and who would have sacrificed them- selves and all that they had in the cause of the King. With the mass of the Tories it was very different. They acted a despicable part, being influenced chiefly by motives of in- terest or fear. The bloodiest and most relentless characters of the Revolution were found in their ranks. The best illustration, indeed, of their character was furnished in the desperate means used, by way of retaliation, to which the Whigs were not unfrequently driven. On the 31st of December, 1775, the Rev. Evan Pugh made this entry in his private journal : " Called at Mr. Lide's,t who was just come home from the camp, having been against the Tories.^'' * " Ramsay's Revolutiou," vol. ii. p. 269. t Robert Lide, afterwards kuown as Major Lide. 268 HISTORY OF THE OLD CHERAWS. It was a record of the time which might have been often made. The Committee of Observation for St. David's Parish continued to meet. On the 4th of May, Mr. Pugh says : — '' Went to Abel Kolb's'^ to the committee/^ Similar entries are found in his journal in June, August, and October fol- lowing, and for some time subsequent. Mr. Kolb, a man of retiring disposition, but of ardent patriotism and fearless spirit, was now coming rapidly into notice. He appears not to have had the advantages of education possessed by some of his contemporaries. This circumstance, together with his natural modesty, probably kept him at first from taking a prominent part in the public affairs of the time. His superior qualities of head and heart, however, coidd not remain unknown to or unappreciated by the people. With the growing exigences of the times, the popular instinct turned at once to those who were fitted by nature to be military leaders during so stormy a period. Of these, Abel Kolb was soon to take a conspicuous place. On the 1st of January of this year, Cheraw District lost a worthy and useful citizen in the death of David Williams. Cut off prematurely in his thirty-sixth year, his country could illy afford to be deprived of his services. He had been added, with others, the year previous, to the Committee of Observation for St. David's. His untimely end was much lamented. With the approach of summer the conflict off the Bar of Charles-town drew near. Many of the Whigs from Pedee responded to the call from the coast. Major Samuel Wise was in command of troops on Sul- livan's Island, and engaged with all his enthusiastic ardor in the preparations made for the approaching struggle. On the 7th of June he wrote to his friend, Henry Wil- liam Harrington, Esq., of Pedee, giving some account of the state of things up to that date. " I am now,"" he said, " at the lower end of the island with 210 men, while fifty vessels are so nigh that we can see their men ; and since I began to write, they have got * Mr. Kolb resided at a point central and important. HISTORY OF THE OLD CHEHAWS. 269 under way, and arc apparently intending to come in. It gives me pleasure to inform you our men are in the highest spirits. Let the event be what it will, our regiment wishes to engage. The shipping are within random shot, and certainly coming in. It positively gives me fresh spirits.^^ On the 22nd of June he wrote again : — '' I don^t know if I am right in my conjecture, but I do conceive the longer we are kept in the face of an enemy, the less we dread fighting them ; but, as our situation here is looked on by every officer in our case as desperate, and that we must certainly fall a sacri- fice, I expect we shall either fight like a tiger pent up, or take the marsh for it. However, our officers chiefly declare the first will be their choice, and that they would not quit the island were they certain of death. But it is my hope that our Great Creator, who has apjjeared so evi- dently in the behalf of America, will not desert us, though I assure you, it is clear to me we cannot prevent their landing Avithout a direct interposition of heaven. My opinion has been, and still is, that they wdll land on the lower point of this island from Long Island. " They have two pieces of cannon mounted, and are this day mounting three more, which will cover their landing in spite of all we can do. " I did not get over, however, before yesterday morning. I was appointed officer of our advance-guard, and my lieut. was kind enough to officiate for me until I landed. " Between Long Island and Sullivan's there is at low water a circular sand bar or island about 200 yards across. On this side the creek is not fordable. On the other side I am told it is. Here I went with a canoe yesterday, with Lieut. Smith, and walked to the farther side of the sand- bar, and was there within shot of the enemy. I took one Regiment to be Highlanders and the other to be Cornwallis' (common slaves), with some artillery. After I returned. Smith, with Wm. Jordan, one of my privates, went over again, which brought on a small skirmish, seven or eight of their Highlanders running down as fast as possible towards them, with a view of getting between them and the canoe. Smith fired at them without effect. Jordan likewise fired, and his man fell, but whether to dodge, or because wounded, 270 HISTORY OF THE OLD CHERAWS. I know not. The enemy fired fourteen guns without effect^ crying to Smith in Scotch, ' Stop, you cowardly ras- cal •/ on which he, suiting his actions to his words, said, I retreat like a Guinea Lion. He deigned not to run, which made me uneasy for him. He likewise had a private of the artillery with him, without arms, who fell down at every shot, and caused much laughter to the enemy, as they thought they had killed him. " "We fired five shots from our two field-pieces, which were very well directed, and nearly reached their main body, but did no damage. " One of the enemy^s bullets came very nigh me. I really wished to engage them, the more so when I found them to be a set of people who have ever been friends to tyrants. " The enemy have just now sent an armed schooner oppo- site our two fi.eld-pieces at the point of the Island (she came down the creek from Dewees Inlet), and anchored her within point-blank shot of the same. On which, our two field-pieces are just ordered to be removed. Their guns fight under deck, consequently our rifles cannot touch them, and a number of flat-bottomed boats, it is said, are follow- ing her, in which we are ordered to the point of the Island. I expect their next movement, after landing their men, will be along the creek to the bridge. " I have sent Bob with this letter and the gun I promised you. I am rather afraid of losing him. I could wish him to stay with you a day or two, I value not myself, but want not to hurt my child ; and from the enemy's prepara- tion I expect our fate on Sullivan's Island will be deter- mined in two days at most. I surely think Mr. Chesnut will come down. I have therefore sent on my papers, for should I be unfortunate, you will want them. If you do but escape, my dear friend, I shall be well satisfied, for I am not doubtful of your care of my child.* " I am most sincerely, " Your aflfectionate friend, " Saml. Wise.'' * This was an only child, a daughter, afterwards Mrs. Ball, who was sent to England to be educated. Upon the death of Major Wise, his executors. General HISTORY OF THE OLD CHERAWS. 271 Under date again of Jnnc 27i\\, lie addressed his friend as follows : — " Why, my dear Sheriff ^'^ were I to give you an aceount of our little skirmishes, I might write daily, for we have had it these two days ; but do excuse me if my ability is not equal to my inelination, for I describe it the best I can. " On Monday morning the enemy brought an armed schooner within seven or eight hundred yards of the point of the island. The ensuing night we carried an 18-pounder and two field-pieces to the point, and attacked her early in the morning, and out of eleven shots fired at her, I believe three struck her. Finding we could not destroy her, the firing was discontinued, and at eleven o^clock, about twenty of the enemy, seemingly American renegade Tories, came down to the Oyster Bank with clubbed muskets, and took shelter behind it, at which time the Indians were on the return in a string from the point of Sullivan, and your humble servant was walking along the open beach to the point of Sullivan. At this instant the enemy began to fire, and aimed their shot directly at the Indians, who caused us to laugh heartily by their running and tumbling, several of tliem whooping and firing their muskets over their shoulders backward. I confess, though the bullets poured round me, I laughed against my inclination. I walked up to our slight breast-work, where I sheltered myself and happened to be the oldest officer. The enemy really aimed well. Their shots went excessively nigh us, and very often struck the top of our breast-work, and frequently dropped close over it within a few yards of us. " I cannot help doing justice to the superiority of their musketry, for I could not observe that our shot in the least affected them ; and I believe they might have been blazing away at us yet, had it not been for our artillery, which was loaded by Lieut. Spencer (a brave officer) with grape and other shot, and dislodged them, it is supposed, with the loss of two or three men ; but this is only supposition. But Harrington, and Messrs. Boulk and Hayne, found the estate nearly insolvent. Mr. Ball was not satisfied, and brought suit against them, but recovered nothing. * It will be remembered Mr. H.irrington was now Sheriff of Cheraw District. 272 HISTORY OF THE OLD CHERAWS. tliey by no means behaved like cowards^ for they turned and fired in their retreat, and gained the end, I suppose, they desired, to haul off the schooner while they amused us. Last night they threw up two entrenchments behind the Oyster Bank, and attacked us with howitzers, field-pieces, and musketry from the same, and one 8-pounder from South Island. Being ordered on business to the fort, I was ab- sent at the time of the fray ; but was informed by every officer the firing was not near so sharp as yesterday. That of yesterday continued incessantly from musketry from 25 to 30 minutes. This morning it was much longer, but very few muskets were fired, being at aljout one hundred yards greater distance. Indeed, on our side, only two rifles were fired, and the 1 8-pounder about three or four times ; after which our artillery was hauled off, and are now placed at about a quarter of a mile from the point of Sullivan^s Island, where the hills begin. We, fortunately, had nobody killed or wounded either day ; but had blankets, &c., shot through, and the stock of a gun broke in a man's hand. We picked up many of their bullets, for they fell so nigh us we saw their whiz in the sand. "1 must to you do justice to Capt. F. Boyakin — (nay, I am in conscience bound to do it) . He came down to us in the very hottest of the fire yesterday. I believe there were about sixteen to twenty guns on our side. The enemy are now busy improving their entrenchments. " I suppose we shall have another brush to-night or to- morrow. Several of our people have, with them, mutually laid down their arms, and walked to the edge of the creek and conversed — a proceeding highly criminal, and now put a stop to. The Highlanders in these conversations always asked after, and sent their compliments to their country- men. They likewise frequently give us scurrilous language. Their sentries were so nigh us last night, that we could hear them hail quite distinctly, and their drums &c. are almost as familiar to us as our own. " I am afraid I shall have some .uneasiness about Bob. Our field-officers objected to my having so much pay for him, and I did not propose taking any more for him as that was the case, after the last return, which was the 20th HISTORY OF THE OLD CHERAWS. 273 instant. But he certainly was a slave to the regiment, and the best drummer in it. He is consequently now missed and inquired after, and I have told them I never intend to take any more pay for him, as they grumbled at it. But they tell me I have no right to withdraw him, and I really think their reply is reasonable, as I have received pay for him. You know the number belonging to J . I think there is really great risk in his being here ; and you, as his parent by adoption, and guardian by my choice, will do as justice directs you about him, for he is now in your hands. " I am, my dear Captain, " Your ever sincere and affectionate friend, " Saml. Wise. " P.S. Remember me to every inquiring friend, particu- larly the two Mrs. Pegues. " N.B. I might have informed you that a report prevails there is a larger fleet off than that already here, which I believe not ; — that our regiment have never pulled off their clothes by night since we left Haddrell's Point; — that we have been constantly iip for several nights past from ]2 or 1 o^ clock to sunrise, and on guard, fatigue, or alarm all day. But we are still Rangers, and must do everything, and yet are not worth our rations, though masons, &c., from town, &c., say, they are sure we may easily kill five hundred of the enemy before they reach the fort. Pretty language this, to troops they despise ! Remember, we are here three hundred and ten privates, and are to kill five hundred by task work. Adieu ! My patience bears no more ; but place me where they will, I'll go. I hate to be tasked. We are now in the hands of Omnipotence, and to this must we look for redress through our own endeavours, and not to our own ability ; and may the Sovereign of the universe pro- tect and defend you, my dear friend ! I might have told you our brave Rangers hauled off the three pieces of artil- lery to-day, in spite of their musketry and bombs; but to- day they were Highlanders that engaged us. I may like- MJse inform you a large vessel is this instant run aground in coming over the bar.'' T 274 HISTORY OF THE OLD CHERAWS. This letter"^ was addressed to " H. W. Harrington, Esq., HaddrelFs Point, or elsewhere/^ Captain H. had come down since the early part of June, in command of a com- pany of volunteers from St. David's Parish, and was now at Haddrell's Point ; Major "Wise, as it appears, not having been informed of his arrival, or exact locality. He did not take part, however, in the action of the following day, Friday, 28th June — a day rendered ever memorable for the signal victory obtained over a proud and powerful foe ! This repulse of the enemy led to a state of comparative repose for the inhabitants. There were many suspicious characters, however, to be looked after, and not a few had to be confined. The following order was issued soon after, viz. : — " The Sheriff of Cheraw District will receive and detain in the Gaol of said District, Henry Machie, John Champ- neys, and James Carson, whose going at large is dangerous to the liberties of America and the safety of the colony. " J. RUTLEDGE. " Charles-town, August 2nd, 1776." A few days after, another order was also despatched with reference to the same matter, to this effect : — " The State Prisoners sent to Cheraw Gaol are to be treated with humanity and kept only under the restraint necessary to prevent their escape — their confinement being intended only to secure them and prevent their going at ^ ■ ''J. RUTLEDGE. " August 6th, I776."t On the 5th of August, President Rutledge issued a Pro- clamation, requiring the Legislative Council and General Assembly to meet at Charles-town, on Tuesday, 17th of September, for the despatch of divers weighty and impor- tant affaii's. An election ha\dng been ordered, to fill two * The letter of Major Wise forms a part of the collection of General Harring- ton, in possession of his son, Colonel H. W. Harrington, of Richmond Countj, No. Ca., who kindly gave the author access to the whole, f Harrington manuscripts. HISTOEY OF THE OLD CHEIiAAVS. 275 vacancies for the Parish of St. David's, Pleury Wm. Har- ringtou and George Hicks, Esqrs., were duly returned, and with Col. Powell took their seats. Mr. Pegues appeared on the 19th. Col. George Pawley and Col. INI'Intosh, the other members for St. David's, were absent, the latter doubtless being engaged in military service. On the 30th of Sept., " the Speaker laid before the House a letter, which he had received from George Gabriell Powell, Esq., and the same being read, was as follows : — " ' Sir, — I understand there are charges of an extraordi- nary nature against me, laid before your honorable House. I humbly request, therefore, that I may be heard in my defence by a committee, before any resolution is taken thereupon, trusting that I shall be able so to acquit myself, as to stand fair in the opinion of my country, which is above all things desirable, to " ' Honorable Sir, " ^ Your most obt. humble servant, "'Charles-town, Sept. 30th, 1776. " ' G. G. PoWELL.' '' Whereupon, it was ordered, that the consideration of the said letter be postponed.'' Of the character of the charges referred to, nothing is known. The subsequent records of the House make no mention of the matter; and the probability is, that having been found to be a groundless slander or the work of some malicious enemy, no further notice was taken of the affair. There is at least no evidence that Col. Powell suflFered at all in the public estimation. On the 10th of October, it was resolved by the House, " that the Committee of St. David's Parish do take into their custody the salt now in Mr. John Mitchell's store, at Cheraw Hill, paying for the same at the rate of fifty shil- lings currency per bushel." " And that they sell and dis- tribute the said salt to and amongst such of the inhabitants of this State, as have not lately received a dindend of the salt in Charles-town, or at Winyaw, who shall apply for the same, in the proportion of one half bushel to six white T 2 276 HISTORY OF THE OLD CHERAWS. persons in a family/^ This action indicates the extreme scarcity of this article^ and to what shifts the distressed inhabitants were driven, alike destitute to a great extent of the means of defence and necessaries of life. At this Session of Assembly, an Act was passed, making a change as to the places of election for St. David^s. The preamble was in these words : — " Whereas, the great extent of the Parish of St. David^s renders it exceedingly incon- venient for all the inhabitants thereof to attend the elections at the parish church, and it would greatly conduce to their ease if the election was held one day at the court house in the said parish, and the other day at the parish church thereof,^^ &c. : and thus it was arranged. After the adjom-nment of the Court for Charles-town District in October, Chief Justice Drayton presiding, the Judges commenced their circuits throughout the state. The charge of the Chief Justice to the Grand Jury of Charles-town was marked by learning and patriotic ardor, and published in the Gazettes, producing, as on former occasions, a decided effect upon the public mind. The Court for Cheraws District was opened on Tuesday, 15th of Nov., and the following presentments were made by the Grand Jury : — " I. When we reflect on the many grievances that the good people of North America have long labored under from the numerous oppressive and unconstitutional acts of the British Parliament, but more particularly some that have been passed since the conclusion of the late war; and at the same time consider, that their most humble and dutiful petitions and remonstrances against these acts have been always answered by a repetition of similar, nay, some- times greater injuries and oppressions ; we find them justi- fied by the laws of God and Nature, and compelled by the dictates of reason and humanity, to dissolve their union with that Government, and to renounce all allegiance thereto. It is, therefore, with the highest pleasure, that the Grand Jury for the District of Cheraws embraces this first oppor- tunity of congratulating our fellow-citizens and American brethren on the late declaration of the Constitutional Con- gress, constituting the United Colonies of North America HISTORY OF THE OLD CIIERAWS. 277 free and indepeudcnt States, and the inhabitants thereof totally absolved from any allcgianec to the British Crown_, that being the only means now left of securing to them- selves and their posterity the. inestimable blessings of liberty and happiness, and which Ave, as freemen, are re- solved to snpport and defend at the hazard of our lives and fortunes. " II. We present the want of a new jury list in this district, and recommend that a law may be passed for that purpose. " Lastly. We return our thanks to his Honor, the Judge, for his most excellent charge delivered the first day of this sessions. ''Claudius Pegues, Foreman. L.S. Charles M'Call. L.S. Thomas Ellerbe. L.S. John Wilds. L.S. Zachariah Nettles. L.S. Thomas Ayer. L.S. Martin Kolb. L.S. Abel Edwards, L.S. Philip Pledger. L.S. Robert Lide. L.S. John Kimbrough. L.S. Thomas Lide. L.S. William Pouneey. L.S. Moses Speight. L.S. John Mikell. L.S. Martin Dewitt. L.S. Magnus Corgill. L.S. Aaron Daniel. L.S. Richard Curtis. L.S. Abel Wilds. L.S. Thomas James. L.S.''* The occasion, memorable as the first presented to the people of Cheraws, since the 4th of July previous, for the expression of their sentiments, M^as hailed with delight, and rendered worthy, in the improvement made of it, to be Gazette. 278 HISTORY OF THE OLD CHERAWS. j)lacecl side by side with others that had gone before. No- thing could be added to give weight to what the Grand Jury here declared to the world, but the redeeming the pledge of " life and fortune." This had already been done in part, and was within a few years following to be com- pleted by the costliest oblations on the altar of freedom. In consequence of the unsettled state of affairs, the Court for Cheraws District did not sit again until the fall of 1778, and after that no more until the war was Qver. For more than two years to come, the British confining their operations chiefly to the northward. South Carolina enjoyed a state of profound repose. A lucrative trade was carried on by waggons with the States south of New Jersey. Commerce flourished and plenty abounded. With the exception of occasional incur- sions by the Tories along the border, there was little to mar the pleasures of the calm which thus succeeded the opening storm. And even the spirit of the Tories was crushed by the brilliant victory of Fort Moultrie, and the departure of the enemy. Liberty had risen to the ascendant. And until Carolina became again the scene of hostile operations, no incident of sjsecial interest transpired in connexion with the struggle on the Pedee. So long as the Whigs could remain at home, domestic enemies kept at a distance. On the 18th of Feb., 1777, the parish of St. David lost a prominent man and useful citizen, Arthur Hart, Esq. He died at his residence on Pedee, having served his country faithfully from the commencement of the struggle for inde- pendence, leaving a son, James Hart, to transmit his name and spirit to his descendants. We hear again from Major Wise, now of the Continental line, in the following letter to Capt. Harrington ; — " Nelson's Ferry, 1st March, 1777. " My dear Friend, — We are once more ordered to Georgia, that State being actually invaded, and a whole company of our regiment at Fort M'Intosh* taken prisoners. Samuel * Fort M'Intosh is a stockade on the St. Jues. Winn, our captain, behaved well. HISTORY OF THE OLD CHERAWS. 279 Williams was with the party that took our people. To- morrow we leave, and I shall have the command of the main detachment on the march. Col. Thompson goes ahead with a few horse, and Col. Mayson is absent. " I have no papers to send you. We are out of the lati- tude of news here. "■' Believe me, my dearest Friend, " Your ever well wisher, '' H. W. Harrington, Esq. " Sam. Wise. " Pedee.^' On the 9th of April, writs of election were issued for fill- ing up vacancies in the General Assembly. One member was returned for St. David's, in the room of the Hon. Alexander M'Intosh, who had been elected a member of the Legislative Council. Thus the year 1777 passed on and drew to a close. Attention began to be turned to other matters, now that comparative quiet was restored, and the public mind to some extent relieved from the long-continued agitation to which it had been subjected. The education of the young, in consequence of the troubles of the past, had been sadly neglected. The evil was sorely felt, and a general determination manifested to provide against its continuance. Of the eSbrts made in this direction, in St. David's, some account will be given in the next chapter. 280 HISTORY OF THE OLD CHERAWS. CHAPTER XIII. at. David's Society — Its organization — First members — Others added — Original subscription paper — Incorporation of the society — Its subsequent history — Origin of " Society Hill " — Character of the community — Military organi- zation on Pedee — Military Acts — Alexander M'Intosh a brigadier general — Letters ofMajor Wise — Oath of allegiance — Account of it — Original record — Letter of Major Wise — Presentments of grand jury of Cheraws — Represen- tatives elected for St. David's — Letter of Henry William Harrington — Of Major Wise — Death of Colonel Powell — Account of him — State of public affairs — Colonel M'Intosh in service — Correspondence with General Moultrie — Movements of the army — M'Intosh's reply to the enemy — General alarm through the State — Armies in motion — Siege of Charles-town — Colonel M'Intosh a commissioner to treat with the enemy — Siege raised — Public rejoicings — Extracts from Pugli's journal — Attack on Savannah — Major Wise killed — His character — Loss of others from Pedee — Captain Harring- ton removes to No. Ca. — His promotions — Judge Pendleton elected repre- sentative in place of Major Wise — Extracts from Journal of Assembly on subject — Tories in gaol — Maurice Murphy a colonel — Gloomy prospects for the State. About tliis time appears the first mention of a society which was destined to exert an important influence on the welfare of the communities bordering on the Upper Pedee. But little attention had hitherto been given to the sub- ject of education. With a country recently settled, and most of the inhabitants poor, it was to be expected that matters of material interest would first engage the thoughts of the people. For some years past, too, the public distur- bances, so deeply affecting the peace and prosperity of the infant settlements, had seriously retarded their progress. Being now, however, in a state of comparative repose, and with brighter prospects for the future, the welfare of the rising generation was no longer overlooked. On the 13th of December, 1777, this entry appears in the Rev. Mr. Pugh^s Journal : — " Assembled at the Meeting House, in Society, to promote learning ;'' and on the 20th, " went to Dr. Mills', about the Society's rules.'' On the 31st, HISTORY OF THE OLD CHERAWS. 281 also, ^' went to the Neck,* to the Society, signed the rules, chose officers, &c/' The Hon. Alexander jSI'Intosh was elected president, and George Hicks and Abel Kolb, wardens. The society took the name of " St. David's,^' and by that honored appellation continued afterwards to be distinguished. The names of those who participated in the organization were as follows, viz. ; — Gen. Alexander M'Intosh Col. Thomas Lide Wm. Henry Mills Abel Wilds Major Robert Lide Capt. Daniel Sparks Rev. Elhanan Winchester Capt. William Dewitt Rev. Evan Pugh Benjamin Rogers On the 31st of January, 1778, were added to the list of members, — Col. George Hicks Capt. Thomas Ellerbe William Terrel Thomas Evans, sen. Joshua Edwards Col. Abel Kolb Nathanael Saunders Thomas James William Pegues, Esq. Capt. Philip Pledger Abel Edwards Thomas Powe William Ellerbe Charles Mason Jeremiah Brown Joshua Terrel Benjamin Williamson Capt. Edward Jones John Wilds James Hicks John Thompson William Blassingame Capt. Charles Gee Richard Hodge Col. George Pawley John O'Neall William Thomas, Esq. Edward Irby Major John Kimbrough Peter Allston, Esq. Captain Simon Council Cap. George King Philip Singleton Capt. Benjamin Hicks Charles Irby Capt. Claudius Pegues, Jr. Edward Blake. John Hodge The organization of the society excited much interest imong the inhabitaKts of St. David's Parish. An original subscription paper of the date just mentioned. * The Welch Neck. 282 HISTORY OF THE OLD CHERAWS. with a preamble^ has survived the ravages of tirae, and is in these words, viz. : — " As the endowing and establishing public schools and other seminaries of learning has ever been attended with the most salutary effects, as well by cultivating in youth the principles of religion and every social virtue, as by enabling them afterwards to fill with dignity and usefulness the most important departments of the State ; who that is a lover of his country, as he locks around him, can fail to deplore the great want of this necessary quahfi cation in our youth, especially in the interior parts of it, at this early period of our flourishing and rising state. In the future, when we shall be at liberty to make our own laws without the con- trol of an arbitrary despot, what heart would not glow with pleasure to see a senate filled with learned, wise, and able men, for the want of whom the most flourishing republics have become the tools of arbitrary despots. And whereas, there is a society established in the Parish of St. David, by the name of the St. David's Society, purposely for founding a public school in the said parish for educating youths in the Latin and Greek languages, mathematics, and other useful branches of learning, by those who are not of ability, without assistance, to carry so useful and necessary an effort into effect : " Wherefore, in order to contribute to so laudable and benevolent an undertaking, we, whose names are hereunto subscribed, do promise to pay, or cause to be paid into the hands of the Secretary of the said Society, the respec- tive sums subjoined to each of our names, whenever the same is called for by the said Secretary or his order. " Witness our hands, the 31st day of January, 1778. £ 5. j £ s. William Lide . 100 Charles Irby . . 50 John W^ilson . . 50 Joseph Johnson . 50 Philemon Thomas 25 ; John Manderson 50 25 I John Ogle . . 500 25 ; Joseph Pledger . 50 25 i John Pledger . 50 25 I Benjamin James 20 Nathan Savage . 100 | Isaiah Prisbe . 50 Duke Glen . John Jenkins William Jones John Speed . HISTORY OF THE OLD CHERAWS. 283 Joseph Dabbs Jethro Moore Charles Evans . Joseph Govirley . Nathanael Sander: Tristram Thomas Charles Sparks . John Thompson . Edmund Irby John Lucas . Samuel De Saurency 12 10 Andrei Dick . 15 50 25 50 25 100 55 100 50 50 25 25 50 50 25 5 20 25 50 60 100 50 10 0"^ Moses Fort . John Mikell . . William Forniss . David Roach William Vann . Enoch Evans, Juu. Etheldred Clary . Aaron Daniel Samuel Winds . Baily Clark . . Thomas Deane . Thomas Ayer In the sentiments expressed, and the laudable interest taken in so timely and noble an undertaking, this paper does honor to the early days of the Pedee. The most of the subscribersf lived in other parts of the parish, at some distance from Long Bluff. On the 7th of May, a few names were added to the list of members, viz., James Blassingame, Adam Cusack, John M'^Call, Hugh Jones, and Rev. John Cowen. At a meeting of the society, July 27th, were added the names of David Roach, Alex. Craig, Jethro Moore, Robert Gibson, and Henry Clark ; and on 14th September, Rev. John Brown. In December of this year (1778), St. David^s Society was incorporated. The Preamble to the Act was in these words : — " Whereas, sundry inhabitants of the Cheraw Dis- trict have formed themselves into a society by the name of the ' Saint David's Society,' for the express purpose of insti- tuting and endowing a seminary of learning in the District of Cheraw, to instruct and educate youth in the necessary and usefid branches of knowledge, and have made humble application to the General Assembly of this State to be in- corporated, and invested with such powers and privileges as may most effectually advance the views of the said Society : * £100, depreciated in May, 1778, was equivalent to £30 8*. 9|(f. £100, old currency in sterling, to £14 5.y. %\d. f Some of the names on the subscription list appear here for the first and last in the records of the time, as in the case of Dr. John Ogle, the largest subscriber. 284 HISTORY OF THE OLD CHERAWS. Therefore, be it enacted. That the Honorable Alexander M'Intosh, Esq., President of the said Society, and George Hicks and Abel Kolb, Esqrs., the present Wardens, and the several persons who now are, or who shall hereafter be, members of the said Society, shall be a body incorporate/^ Subsequent to this time, no further progress appears to have been made, until the troubles of the Revolution were over, when the society was reorganized, and went into vigorous operation. The first school-house was erected a few yards from the spot where the building known to the present generation was used as an academy until within a few years since. It was near the brow of the first commanding eminence above the river, about three quarters of a mile distant. Of the first teachers nothing is known. For more than a half century after, the academy of St. David^s was of dis- tinguished note in the eastern section of the State. Many were prepared within its walls for a more thorough course of study abroad ; and others, not less eminent in after years, looked back to it as their only Alma Mater. About this time, settlements began to be made still fur- ther out from the river, along the line of the present vil- lage, and from the society then established, the infant com- munity took the name of " Society Hill.^^ Formed of planters in easy circumstances, though for the most part yet of small estates, but who continued to grow in wealth and refinement, this community became noted for the intelligence and \artue of its members, and in all the essential elements of character and progress changed less than almost any other to be found. It presented no attrac- tions to men of enterprise from abroad, and opened but little field for the spirit of adventure or speculation to those in its midst, and continued, as a consequence, to be marked by those quiet and conservative traits which an agricultural people, with a sound religious sentiment pervading them, might be expected to display. Since the early part of 1775, the military organization on the Pedee had undergone important changes. At that time, as will be remembered. Col. G. G. Powell was in command of the Cheraw Regi- ment, one of the thirteen into which the militia of the State HISTORY OF THE OLD CHERAWS. 285 was then divided, Tvith Charles Augustiis Steward^ Lieut. - Colonel^ and Abraham Biiekholts, Major. In the latter part of 1777, Geo. Hicks was Colonel, Abel Kolb, Lieut. - Col., and Lemuel Benton, Major. Col. Hicks probably succeeded Col. Powell. The Militia Act of March, 1778, which repealed all former Acts, as well as the '•' Resolves of the late Provincial Congress,'^ provided for a division of the militia into three brigades, for each of which a brigadier-general and major of brigade were to be appointed. Prior to that time, as already mentioned, the only organization was that of companies, battalions or troops, and regiments. Under the Act of 1778, no volunteer company was to be formed, and those previously existing were to be disbanded whenever there should cease to be fifty effective men on their muster rolls. No regiment was to be divided unless containing more than twelve hundred men. Lieut.-Colonel Alexander INI'Intosh was appointed to the command of the brigade, embracing the eastern portion of the State. This position he maintained till his death, as appears from the private records and public journals of the day. Major Wise continued to write to his friend, Capt. Har- rington, giving some account of matters as they transpired in other parts of the State, and in Georgia ; — '' My dear Friend, " Charles-town, January 22, 1778. " You herewith receive the last paper printed, or likely to be for some time, on account of the fire which happened here on the morning of the 1 5th inst., which burned down all along the Bay, from Queen^s Street to Stol's Alley and back in a parallel line to Church Street, except a few scattering houses. The Tories have been by some few accused of it, but the real cause was, I believe, accidental in Union Street, and an excessively high wind. Indigo is very dull sale, at 60s., and rice at 70^. — the embargo still continuing. We have a report of a French war, but nothing certain. " The Assembly have granted a million to purchase pro- duce to ship for dry goods, to be sold to the public at 25 per cent, profit ; and chose the following delegates, viz.. 286 HISTORY or the old cheraws. Cliristopher Gadsden, A. Middleton, Wm. H. Draytoiij H. Laurens, and J. Matthews. The last wanted a few votes, but I am sure will be chosen to-morrow. " Tliree companies of our regiment and myself are ordered to town to do duty, with Col. Pinckney. Therefore I shall be stationed here, probably for some time. I have sent for the Georgia Constitution for you, and hope to get it. " 24th. Since writing the above, a report prevails that an engagement happened on Christmas-day between Generals "Washington and Howe — the particulars unknown. Some say Washington was defeated. " I am, dear Sir, " Your ever afft. friend, " S. Wise. " Henry Wm. Harrington, Esq., Pedee.^^ " My dear Sir, "Charles-town, 12 April, 1778. " The General having ordered me with 200 men to Georgia (notwithstanding he had given me leave to come up), prevents my attending Court, and I fear will be of bad consequence to you in your trial with James. I will be greatly obliged to you if you will deliver the enclosed to Col. Hicks. The Tories here are of opinion they will govern before the summer is over. " Indeed, Col. Powell told me yesterday he would tiot go off, for we should have enough on our hands without troubling them. " Gen. Howe writes from Georgia, that the enemy are collecting at St. Augustine from West Florida and every other quarter, to attack Georgia ; and that this aflFair of the Tories from the back country marching, is a plan settled some time ago. I know it will by the ignorant be attri- buted to the oath. I don^t expect to see you before July, even should we not be attacked. " I promised myself much satisfaction from this intended jaunt to Pedee, for my wife and son-in-law were coming with me. " However, you know a soldier ought to be patient under disappointments. '' I understand Hodge brought in several letters and gave HISTORY OF THE OLD CHERAWS. 287 tliem to Wiley, but none of tlicm Lave reaelied me. Were it not that I knew of this circumstance, I might suspect my friends on Pedee had forgotten the man who is resolved never to forget them, or the place where the partner of his heart is deposited. " We have great hopes of peace from the accounts re- ceived from the Southward. God speed it, I say. " I am, with the most sincere regard, " Dear Sii", ever your affect, friend, " S. Wise. " Henry Wm. Harrington, Esq., Pedee.^^ The oath referred to in this letter in connexion with the Tories, was that enacted by the Assembly in March of this year, as an oath or affirmation of allegiance, to be taken by every adult male, in the following words, viz. : " I, A. B., do swear or affirm that I will bear true faith or allegiance to the State of South Carolina, and will faithfully support, maintain, and defend the same, against George the Third, King of Great Britain, his successors, abettors, and all other enemies and opposers whatsoever; and will, without delay, discover to the Executive Authority, or some one Justice of the Peace in this State, all plots and conspiracies that shall come to my knowledge, against the said State, or any other of the United States of America. So help me God." Those who refused this oath were obliged to depart the country, being permitted to leave their families if they desired it, and also to sell or carry off their estates. It is not surprising that the disaffected were excited by it to the bitterest resolves. An original certificate* in the printed form, which appears to have been distributed throughout the State, is in these words, viz. : ''I do hereby certify, that Thomas Quick hath taken and subscribed the Oath of Allegiance and Fidelity, as directed, by an Act of the General Assembly of the State of South Carolina, entitled, " An Act to oblige every free male inhabitant of this State, above a certain age, to * III the author's possession. It was found among the papers of Thomas Quick. • 288 HISTORY OF THE OLD CHERAWS. give assurance of Fidelity and Allegiance to the same, and for other purposes therein mentioned. " James Hicks, Capt. « May, the 29th day, 1778." Again Major Wise writes : — " Charles-town, 18th April, 1778. '^ My dear Friend, " I wrote you by Mr. Strother of my being ordered- to Georgia, for which place I set off to- morrow, with 150 rank and file of ours — 58 of the 1st and 50 of the 6th, under command of Col. C. C. Pinckney — a circumstance I like much. The Tories are said to be assembled there to the number of 500 — nay, some accounts say, 1700. " Remember me to all your 'family, and believe me, " Your ever sincere Friend, " S. Wise. " Henry Wm. Harrington, Esq., Pedee.^' The Court for Cheraw District opened on the 16th of November. The Grand Jury made the following present- ments : — " I. We present, as a great grievance, the number of Representatives in the General Assembly, humbly appre- hending that thereby the State is put to an unnecessary expense, and that if the representation was smaller it would be thereby more respectable, and the public business be done with facility. " II. We present, as a grievance, the want of a public post throughout this State. "III. We present, as a grievance, the want of a bridge over Black Creek, and over Thompson's Creek, near Roger's Ferry, and over Crooked Creek. " Lastly. We recommend that these presentments may be published in the Gazettes. " William Henry Mills, Foreman. L.S. George Hicks. L.S. John Hodge. L.S. . Peter Roach. L.S. HISTORY OF THE OLD CHERAWS. 289 Thomas EUerbe. - L.S William Dewitt. L.S, Claudius Pegucs, sen. L.S. Benjamin Hicks. L.S, Thomas Hicks. L.S. Thomas Ayer. L.S. John Pigot. L.S. Joseph Pledger. L.S. William Blassingame. L.S. Claudius Pegues, jun. L.S. Henry Council. L.S. Joshua Edwards. L.S. " Ordered that the said presentments be printed and pub- lished. " By the Court, " Thomas Powe, C.C.T.^' By the Constitution, adopted in March previous, the representation had been reapportioned, and provision made for the election of senators. The parishes retained, in most instances, the number of representatives they had before. No change was made in the case of St. David^'s, which was now entitled to one senator and six representatives. The grand jury called in question the wisdom or expediency of this feature of the new Constitution, and were bold enough to recommend a change. Elections were ordered for the last ]Monday in November; and for St. David^s, Hon. Alexander M'lutosh was returned as senator ; for repre- sentatives, William Standard, Charles Evans, Wm. Henry jNIills, William Pegues, and Abel Kolb, Esquires ; leaving a vacancy, which was subsequently filled by the election of Major Wise. The Legislature was to meet on the first Monday in January ensuing, in Charles-town. The following letter will convey some idea of the trying wants of this period, as experienced by the people of the in- terior : — " Colonel Joseph Kershaw. Dear Sir, — Our friend, Claudius Pegues, Esq., is so greatly distressed by an unfortunate accident that happened to his 290 HISTORY OF THE OLD CHERAWS. eldest son last Tuesday, that he cannot write on the subject ; but well knowing your friendship for him, has desired me to beg the favor of you, Sir, to give Mr, John Wright, the bearer of this, all possible assistance in obtaining amputating instruments at or near Camden. The young man received a load of Bristol shot, from his own gun, in his right arm, just above the wrist, by which botli bones are much shat- tered ; and notwithstanding the immediate assistance of two doctors, we, from certain appearances, are aj)prehensive of mortification; and our doctors having no instruments, in order to be prepared for the worst, we now make this appli- cation to our friend to assist us in obtaining an amputating saw for the arm, and a needle. Your brother. Sir, has been so good as to write on our behalf in a pressing manner to Mr. Duncan McRae ; but our fears suggest to us, as there is a possibility of that gentleman's being from home, that that may now be the case ; and as a disaj^pointment of this nature may greatly endanger the life of my young friend, permit me, Sir, to entreat you to interest yourself in this matter; and then, if instruments are to be had, I doubt not but we shall be so far happy as to obtain them. " I am, with high regard, " Yovir most humble and " Most obedient Servant, " Henry Wm. Harrington. " Deer. 13, 1V78." Soon after this. Major Wise writes from Purysburg. The conflict was waxing warm in that quarter. " Head- quarters, Purysburg, 18tb January, 1779. "Dear Harrington, — I write you merely because, when an opportunity offers, I wish it not to escape me. We gather here pretty fast ; but you know what militia are, no sooner come, than for going again. We may have here now nearly or quite 3000, and expect 1500 more in two or three days from your State.* Our back country militia has not yet joined us. Howe is gone, regretted by none. Our present * Captain Harrington had removed to North Caroluia. HISTORY OF THE OLD CHERAWS. 291 general (Lincoln) seems to command for himself^ and I hope will do better, " The living was never so well found. He lets us want for nothing that is necessary to be had. Nor are Ave turned out and harassed for every trifle. The army is as little fatigued as possible. The enemy have their full swing in Georgia, and are in possession of all the ferries, which, I apprehend, will make it veiy difficult re-entering Georgia. The Georgians have joined them in shoals, and have taken arms against us. Yet I am satisfied it is more through ne- cessity than choice, for we really abandoned them and their property to the enemy. And should we now leave this place (such is our present situation), and march up the country to cross the river high up, the enemy might, in the interim, enter Carolina here, and take the two remaining galleys, which have been warped up here just above the tide- way. We lost in Sunbury Fort, which is taken, upwards of 100 more prisoners, with the cannon and everything there. I never before could imagine it possible that such showers of bullets could have been fired Avithout doing more execution. The enemy fired on us thirty-eight minutes in flank, front, and rear ; and so nigh as to abuse us with their tongues ; and we scarcely ever returned the fire, and had to retreat over a causeway across an impassable swamp a full quarter. Of our regiment, we had but one sergeant killed, and four privates wounded, and sixty-four made j)risoners. " I am, my dear friend, " Yours most sincerely, " Samuel Wise. " Remember me to your family. " The enemy and we are frequently corresponding by way of flags, and they seem in this respect more ready than is judged expedient. It is suspected they send, through this means, to gain intelligence. However, they are polite, and it is said, use our prisoners well.^' The parish of St. David was now to mourn the loss of one who had been long and prominently connected with its history. 292 HISTORY OF THE OLD CHERAWS. No man of the time liad occupied a more conspicuous or honorable place in all connected with the public interests of the Pedee than George Gabriel Powell. On the 21st of January his useful life was brought to a close in Christ Church Parish. Having early won the confidence and affec- tion of the people on the Pedee, he retained his place in their esteem with singular uniformity through years of eventful changes, relinquishing at times, in their behalf, positions of more commanding influence, returning to their service as his first love, and devoting to it his maturest labours to the end of his career. His memory should never cease to be cherished with admiring gratitude by the descendants of those whom he so faithfully served. The Legislature was now in session in Charles-town, and in February elected William Strother Sheriff of Cheraws district. Attention, however, was now to be turned from civil affairs to the reapproaching struggle for liberty and life, and the comparative calm which had been enjoyed for two years past was to be no more known until the close of the war. After the failure of the British Commissioners to effect a reunion of the Colonies with the Mother Country, the struggle was recommenced on a new system. The order of procedure was changed, and the South became henceforth the principal theatre of offensive operations. The close of 1778 saw more active and vigorous prepara- tions than before for a decisive blow upon the South. In December of that year Savannah was taken, and South Carolina became a frontier state, calling for redoubled efforts on the part of her people. The public spirit was roused to the highest pitch, and everywhere military movements were being made. The churches were deserted, and the inhabi- tants generally in a state of commotion and alarm. Lieut. - Col. Mcintosh was now actively engaged in the service of the State. After the evacuation of Augusta by the enemy, he was detached, in command of a company of regulars, with a party of militia under Col. Howard, in all about 200, to follow the enemy and harass them in the rear. HISTORY OF THE OLD CHERAWS. 293 Col, M'Intosh appears to have possessed, in an eminent flegi'cej the confidence and affection of Genl. Moultrie. About this time the following correspondence took place between them. " (Sent by express). " Black Swamp, Apl. 29, 1779. " Dear Sir, " You must endeavor to join us, if you can without any great risk. I wish you could have given me an account of the enemy^s number. I could better judge how to act ; the light horseman informs me you imagine them upwards of three hundred men. I think you were right to retreat in time, as your force would not be equal to theirs by any means. I expect soon to have accounts from you and more particulars ; as you have no baggage, you may cross the country to this. '' I am, &c., "William Moultrie."^ To this letter, Col. Mcintosh replied as follows : — " Coosahatchie, Apl. 30th, 1779. " Dear General : " Last night two deserters fi'om the enemy came to Bee's Creek ; they were of the light infantry. They say Col. Maitland commanded yesterday, that he had the light infantry, and the 2nd battalion of the 71st regi- ment, amounting to eight or nine hundred men ; that they were to send for three field-pieces and three six-pounders, with a reinforcement to make them up 1 500 men ; that they did not know the Colonel's plan, but that they heard it said that he intended to proceed to Charles- town, and that he had thirty or forty Indians with him. I have given Genl. Bull and Col. Skirving information of these particulars ; the men are so lame that I cannot be up before to-morrow night. We are all safe. " I am, &c., " Alexander M'lNTosH.f " Brig.-Genl. Moultrie." * Moultrie's " Memoirs," p. 389. f ll^i^l-. P- 401. 294 HISTORY OF THE OLD CHERAWS. On his retreat from Black Swamp immediately after, having learned that the enemy had crossed the river at the Tvro Sisters in great force. General Moultrie marched with all possible expedition to Coosahatchie^, giving notice to Colonel M'lntosh^ who was posted at Purysburg, to march immediately^ so as to join him, which he did that night. Colonel M'Intosh gained no little note upon the open- ing of the campaign in Georgia, by a reply to the enemy, Avhich became a well-known saying in the army. It was in February, 1777, when a body of British troops, arriv- ing at Sunbury^ a party of them were detached to demand the surrender of the fort, of which M'Intosh was in com- mand. His answer was, " Come and take it ;" which they deemed it expedient not to attempt to do. The militia were now marching to Charles-town from dif- ferent parts of the back country. Captain James Gregg, among others, went down on this occasion, in command of a company fi'om ^' Old Liberty,^^ just below the line of St. David^s, on the west side of the river. General Prevost was now in pursuit of General Moultrie with an army of 4000 men. General Lincoln marching with hasty strides to come up with the Bi^itish, Governor Eutlcdge hurrying down from Orangeburg with about 600 militia, hastening to get to town, lest he should be shut off. Never was there such consternation and confusion, five armies moving through the lower parts of the State at the same time, and all for different purposes. A large proportion of the militia of the State had been drafted, put under the command of Colonel Richardson, and marched for the American head-quarters.* A portion of this draft doubtless formed the expedition from Pedee, long after spoken of as the " Black Swamp Voyage.^^t Its destination was Black Swamp, Beaufort District, or the neighborhood, toward which a general movement had been made. The term " Voyage " was used by writers of a pre- vious age for expeditions either by land or sea, and being Eanisay's " Eevolution," vol. ii. p. 12. f Ayer's " Narrative.' J HISTORY OF THE OLD CHERAWS. 295 gradually adopted into the spoken language of the day, was retained for a long period after, as in this instance, though it had become obsolete with contemporary writers. The retreating and invading forces concentrated towards Charles-town, and but for a remarkable delay on the part of General Prevost, when not far from the city, it would, as all accounts agree, undoubtedly have been taken. In the disposition of the troops for the defence of the town, Colonel M'^Intosh, with the 5th Regiment, was commanded to take post in the redoubt, on the right side of the liue."^ On the 12th of May, when the question was carried for giving up the town on a neutrality, a respectable merchant and citizen of Charles-town was affected to tears at the humiliating spectacle. Colonel John Laurens was requested to carry a message from the Governor and Council to General Prevost, but begged to be excused, saying, that though he would do au}^- thiug in his power to serve his country, he could not think of carrying such a message as that. General Moultrie then sent for Colonel M'Intosh, and requested he would go with Colonel Roger Smith, who had been called on by the Governor with the message. They both begged to be ex- cused, but were at length pressed into compliance. Colonel Prevost acted on the part of the British. The message was to this effect : to propose a neutrality dm-ing the war between Great Britain and America; and the question, whether the State should belong to Great Britain or remain one of the United States, was to be de- termined by the treaty of peace between the two powers. The commissioners held their conference a quarter of a mile from the American gate. The enemy would accede to no other terms but the surrender of the Americans as prisoners of war. The result was speedily known, and at daylight the next morning, the joyful report was spread along the lines that the enemy had gone.f The news of the siege was carried rapidly through the State, and many were filled with alarm and gloomy fore- bodings. * Moultrie's " Memoirs," p. 412. t Hjid., p. 431. 296 HISTORY OF THE OLD CHERAWS. This entry occurs in the journal of the Rev. Evan Pugh^ under date of May llth: "Have news of Charles- town being besieged by the enemy. I feel melancholy about the fate of Charles-town and my friends." Sounds of rejoicing, however, were soon to follow. On the 14th of July, Mr. Pugh preached a thanksgiving sermon for the signal deliverance from the foe. But the joyous respite was of short duration. With the approach of October, preparations were made for an attack on Savannah by the combined forces of the French and Americans. On the 9th of that month the assault was made, and many sealed their devotion to liberty with their blood. Among the number of these was Major Samuel Wise, a gallant soldier of freedom and a cherished son of Pedee. He served the country of his adoption with enthusiastic ardor, and was ever true to those instincts which he brought with him from the land of his birth. Major Wise was possessed of a generous disposition and high sense of honor. Scrupulous himself in his dealings with others, he exacted a like course of conduct in return, which involved him at times in serious difficulties. His last years were saddened by reverse and bereavement. His end was such as he desired it to be, at the post of duty and in the thickest of the strife. Leaving no son, his name disappeared, except in its re- cords, from the history of Carolina, but will ever be cherished as one on that extended roll of patriot worthies which these stirring times produced. The death of this good soldier was not the only one for which the inhabitants of the Pedee were called to mourn on this occasion. In his journal, November 9th, with reference to the siege of Savannah, Mr. Pugh wrote: " We lost many youth f and on the 21st, preached (Job. xiv. 1, 2) " A funeral for those youths lost at Savannah, 9th October past, from these parts." Captain Harrington, having removed some time previous to this from the Welch Neck on Pedee, to Richmond County, North Carolina, was, on the 25th of November, commissioned colonel of the militia of that county ; and, in June of the following year, promoted to the brigadier- HISTORY OF THE OLD CHERAWS. 297 generalship of the Salisbury District, which embraced an extensive territory. His head-quarters afterward were chieHy at Cross Creek ; a part of the time also at Haley^s ferry, and for a short period near CheraAV Hill. The Legislature was now in session in Charles-town, giving all the aid in its power to the defence of the State. The death of Major Wise created a vacancy in the represen- tation from St. David^s, which was filled by the election of the Hon. Henry Pendleton. Judge Pendleton had been on the Law Bench since April, 1776; but at this time, and until the adoption of the Constitution of 1790, a judge was eligible to a seat in the Legislature. He was, however, not a resident of St. David's Parish, and the Constitution of 1788 made the ownership of a settled estate and freehold in his own right, of the value of three thousand four hundred pounds currency, clear of debt, in the parish or district for which a nou-resident should be elected, necessary to his eligibility. Whether he actually owned such an estate, or was made for the time a nominal possessor, is not known. There luas a difficulty, however, connected with the election, as appears from the following proceedings in the House of Representatives, Jan. 24th, 1780, viz. : — " Mr. Justice Burke presented to this House a Petition of the Hon. Henry Pen- dleton, Esq., and the same was received and read, setting forth, that the Petitioner is informed by several inhabitants and freeholders of the Parish of St. David's, that he was unanimously elected by a majority of the electors of the said parish, to be their representative in the General Assembly, and that, by some accident or neglect, the writ of election has never been returned. The Petitioner there- fore prays that he may be admitted to his seat, and that the right of representation may be reserved to the said parish, notwithstanding any accident that may have befallen the said writ, &c. '^ Read also the following affidavit, which was presented with the said Petition, viz. : — " South Carolina. " George Cogdell maketh oath, that he was at the election in St. David's Parish for a member to serve in the 298 HISTORY OF THE OLD CHERAWS. General Assembly iu the room of Major Wise, deceased, about the latter end of November, held in consequence of a writ issued for that purpose, when the Hon. H. Pendleton, Esq., was, as he understands, unanimously elected, and sup- poses the said writ, if not returned, must have been lost or neglected.''^ The campaign of 1779 ended without any decisive result on either side. The Tories, as usual, had been actively at work, the Whigs having been called away from their homes, and some of the former were now paying the penalty, as the following record shows : — " Received of Thomas Powe, Commissary of my Regi- ment, 10 lbs. corn flour, 750 lbs. beef, and 450 lbs. corn flour, for use of my Regiment, guarding the Tories in jail. — Oct. 30th, 1779. Geo. Hicks, Colonel.'^* This was the jail at Long Bluff", and these Tories had doubtless been engaged in some attack or plundering expe- dition, and captured. Maurice Murphy was now in command as acting Colonel in the lower part of St. David's Parish, on the east side of the river, embracing probably a portion of Liberty Precinct. He was a man of reckless daring and ardent patriotism, and performed a most influential part throughout the war. Every available resource of men and means was now called into requisition. The prospect was most inviting for the enemy. The French had taken their departure ; and no sooner was this known, than a grand expedition was set on foot from New York, under Sir Henry Clinton, for the reduction of Charles-town, and the subjection of the State. The Con- tinental Regiments in South Carolina had been greatly re- duced by the casualties of war and the expiration of their terms of service. From twenty-four hundred in 1777, the number was diminished to eight hundred in 1780. The future was full of gloom for the Whigs. Nevertheless, the resolution was adopted, in full House of Assembly, to de- fend Charles-town to the last extremity. Comptroller's office, Columbia, S. C. HISTORY OF THE OLD CHERAWS. 299 The militia were ordered to rendezvous, and every man -n-ho could to take up arms. There was an ominous calm, now that the conflict of 1779 had passed away ; and every one felt that the last and decisive struggle was soon to begin. The Whigs of Pedee were prepared for the strife, and an- other chapter will show how nobly they responded to the call of their country. 300 HISTORY OF THE OLD CHERAWS. CHAPTER XIV. Opening of year 1780 — Response from Pedee for defence of Charles-town — Movement of forces — No. Ca. militia under Colonel Harrington — The colonel leaves for Newbern — His letter — Effects of fall of Charles- town on the people — Incidents connected with it — Extracts from Pugh's Journal — Feeling of the British — Wemys's Expedition up Pedee — Houses burned — Adam Cusack hung — Reaches Cheraw — Extracts from Pugh's Journal — Oath of allegiance — Incidents connected with it — Wemys returns — Indul- gence^shown him afterwards by General Sumpter — Extract of letter of Sir H. Clinton — Cornwallis takes command — Disposition of British troops — M'Arthm" sent to Cheraw — Cornwallis's despatches — Account of Harrison, a Tory colonel — MArthur at Cheraw — Letter of General Caswell — MArthur at Long Bluff — Attempt to capture Thomas Ayei* — The result — Stirring scene — Capture of Nathan Sweat — His escape — MArthur returns to Cheraw — Plundering parties at General Harrington's and Thomas Ellerbe's — Colonel Bryan, a Loyalist, marches to Cheraw — Enemy alarmed — MArthur to fall back — Cornwallis and Tarleton on subject — General Gates arrives at Pedee — Proclamation — M'Arthur leaves — Expedition down the river — Its failure — Whig exploit — Major Thomas distinguishes himself — Colonel Mills escapes — Cornwallis's and Tarleton's accounts of it — Sick- ness of British at Cheraw — Account of 71st Regiment — Safe conduct for Mrs. Harrington — Skirmish in Anson County — Remarkable negro — Letter of J. L. Gervais — Letter of Spruce M'Macay — Accounts preceding battle of Camden — Effects of Gates's defeat — Extracts from Pugh's Journal — George M'Call — Movements about Long Bluff — Colonel Kolb — Samuel Bacot's adventure with Tories — Elias Du Bose's capture — Tories plunder Mrs. Harrington — Subsequent flight — General Harrington marches to Pedee — Letter of Colonel Nicholas — Of General Gates — Notice of ^\'emys — Letter of J. Penn — Of Colonel Brown from Beauty Spot — Of General Gates — Of Colonel Martin — General Harrington reaches Haley's Ferry — Marches to Cheraw — General Smallwood's letter — Letter of Colonel Brown — Account of MajorBarfield — Colonel Davidson's letter to General Harrington — Colonel Brown's letter to same — Extract from Gazette — General Smallwood to General Harrington — Colonel Marion's letter — Colonel Eolb's — Return of his regiment — Cornwallis's letter to Sir H. Clinton — List of negroes in British service— General M'Intosh's death — Account of him — Colonel Donaldson to General Harrington — Arrival of General Green at Charlotte — Divides his forces — Marches to Pedee — Position there — Cornwallis to Tarleton — Tarleton's view of American movements — Close of 1780. The year 1780 opened upon Carolina under the most threat- ening aspects. The approach of a greatly increased force of the enemy filled the inhabitants with dire apprehensions, which, notwithstanding the most heroic efforts for their defence, were soon to be realized. Promptly responding to the call from Charles-town, all the available troops from HISTORY OF THE OLD CHERAWS. 301 Pedee were soon in motion^ as from other parts of the State. The first division of Col. Hick^s regiment, under the command of Lieut,-Coh Kolb, was on the march.'^ The second division, under Col. Hicks, moved in February. Tristram Thomas was major in this command, and John Andrews, adjutant, Edmund Irby, Thomas Ellerbe, Stephen Jackson, and Maurice Murphy commanded comiianies. Capt. James Gregg's company formed part of a detach- ment under JNIajor Thoruby. They remained at the Ten mile House (near Charles-town), two months, when their term of service expired. Just then Sir H. Clinton approached the city, when Major Thornby and other officers proposed to their men to volunteer for its defence. They did so unanimously, and marched in and remained in the city until the capitulation. The late George M'Calljf of Darlington District, then quite a young man and active in every patriot service, was a member of Capt. Gregg's company. He was also under his command in Charles- town during the previous year. On the 6th of April, a body of North Carolina INIilitia under Col. Henry Wm. Harrington, reached the city, having entered by way of Addison's Ferry. Major Lemuel BentouJ appears to have remained on the Pedee, with a sufficient force for the protection of the inhabitants against the Tories. Col. Harrington left Charles-town before the fall of the city for urgent public reasons, as aj)pears from the following letter to Mrs. Harrington. " George-town, 30 April, 1780. " I am now in George- town, sixty miles nearer than I was last Friday morning, at which time I left Charles- * The following record remains : — " Reed, of Thomas Powe, Commissary of Colonel Hick's Regiment, 1600 pounds of corn flour, three large steers, 200 lbs. of pork, 20 busls. of corn, for the use of 1st division of said Regt., on march to Charles-town. ,, . „ » "Abel Kolb. f George !M'Call was born on Lynche's Creek, in 1760. Immediately after the Revolution, he removed to Georgia, and remained until 1789, when he re- turned to South Carolina, and settled in Darlington District, where he resided until his death. X In Rev. Mr. Pugh's journal, April 10th, 1780, appears this entry, viz. : — " Preached at the Lake, Zach. ix. 12, to army under Major Benton." This was doubtless Lowder's Lake, in Darlington District. 302 HISTORY OF THE OLD CHERAWS. towiij witli the advice and unanimous consent of the Lieut.-Governor and Council, and by Genl. Lincoln's order, and am now on my route for Newbern, there to take my seat in Assembly ; and to request^ in behalf of South Caro- lina^ a large and immediate aid of North Carolina Militia. " H. W. Harrington/' The news of the fall of Charles-town spread rapidly through the State, causing the wildest alarm among the desponding, and for a time almost despairing inhabitants. Families were thrown into a state of the deepest anxiety for their absent members, not knowing what had befallen them, or how, though their lives had been spared, they would be treated by the foe. The most exaggerated reports were put in circulation, growing as they went, which added much for a short time to the general distress. As an example of this, the case of Major Robert Lide may be mentioned. He had been hurried with a detachment from Pedee at the last moment, for the relief of the beleaguered city ; but, before reaching it, the capitulation took place. His anxious wife was walking out when the news reached her of the sad reverse; and with a feeble constitution already giving way under the burden of previous suspense, she passed into a swoon, was borne insensible to the house, and never recovered from the shock. In the journal of Mr.Pugh, the following entries appear:— " May 17. Had the news of Charles-town taken. " May 18. Preached at Cashway — a fast day. " May 22. At home — much terrified about the English Light Horse coming. " May 23. Had certain news of Charles-town being in the hands of the British army. Our men came up. Mr. Hart up.^' The report of the Light Horse coming was but too well founded. It proved to be the rapid and devastating march of Major Wemys, to reap the first fruits on the Pedee of the recent success, and to fasten upon the popular mind the idea that the State was lost beyond recovery. The British conceived themselves in possession of the rights of sove- reignty over a conquered country, and that therefore the efforts of the citizens to assert their independence any fur- HISTORY OF THE OLD CHERAWS. 303 tlier^ was chargeable with the complicated guilt of ingrati- tude, treason, aud rebellion. Influenced by these opinions, and transported with indig- nation against the inhabitants, they violated rights m Inch arc held sacred between independent hostile nations. In almost every district their progress was marked with blood, and with deeds so atrocious that they reflected disgrace on their arms. This was emphatically true of Major Wemys, of the 63rd regiment. He marched, soon after the fall of Charles- town, from George-town to Cheraw, on the west side of the river, destroying property of every description, and treating the inhabitants with relentless cruclt3^ The d^vcliiugs of Nathan Savage at the mouth of Lynchers Creek, of Jordan Gibson at Little Bluff", or Wiggin's Land- ing, and of Moses Murphy in the same neighbourhood, with many others, were burned. Among the first to feel the effects of the fmy of this merciless officer, was Adam Cusack, a noted Whig, who had rendered himself particularly ob- noxious to the enemies of his country.- He had neither taken parole as a prisoner nor protection as a British sub- ject ; and was charged with no other crime than refusing to transport some British officers over a ferry, and shooting at them across a river."^ Another account states that he had shot at the black servant of a Tory officer, John Brockington, whom he knew, across Black Creek. He was taken prisoner soon after, and for this offence tried by a court martial, and, on the evidence of the negro, condemned. f His wife and childi'en prosti'ated themselves before Wemys as he was on horseback, for a pardon, who would have ridden over them, had not one of his own officers prevented the foul deed. From this scene he proceeded on to superintend the execu- tion. Cusack was carried to Long Bluff" and hung.J Dr. James P. Wilson made an earnest eff"ort to save his life, and came very near involving himself in a serious difficulty with the British officer. Wemys lost no time in pursuing * Eamsiiy's " Revolution," vol. ii. p. 156. •f- James's " Life of Marion," p. 58. + He was hung about the spot first occupied by the depot of the Cheraw and Darlington Railroad, at the foot of tlie hill, below the village of Society Hill, then on the public road leading from Cheraw to George-town. 304 HISTORY OF THE OLD CHERAWS. his way, and calling the people to submission. He reached Cheraw early in June. The following extracts from Mr. PugVs journal will give, in few words, the sad picture of the conqueror^s progress. " June 1 1 . Went up to the Cheraws to surrender myself to the British ; lodged at Col. Lide's. " Monday, 12th. Signed parole, as a Prisoner of War." Agitated and distressed, and scarcely knowing what to do, he appears to have repented of his course, as a subsequent entry indicates. " Thursday, 22. Went to the Court House in order to give up my parole, but could not do it. " Thursday, 29th. Went to Dr. Mills's, took the Oath of Allegiance to the King ; and home. " Saturday, July 2. Went to preach at Cashway, began my sermon, but the congregation broke up by the re (bels !) taking the horses.'" Dr. Mills had either not sympathized heartily with his country at the first, or was possessed of one of those easy consciences which adapts itself with facility to a change of circumstances. He gave in his adhesion at once to the enemy; and from that time became a determined foe to the American cause. He was an evil counsellor for every desponding patriot within his reach, but, in due season, paid the penalty of his guilt. The declaration of allegiance imposed upon many of the people, was in these words : — " I, A. B., do hereby acknowledge and declare myself to be a true and faithful subject to his Majesty, the King of Great Britain, and that I will at all times hereafter be obe- dient to his government ; and that whenever I shall be thereunto required, I will be ready to maintain and defend the same against all persons Avhatsoever." While Wemys was in the neighbourhood of Long Bluff, Dr. Wilson's house was burned, and such of his property as came within reach of the enemy, was destroyed. His wife was forced to seek shelter at Charlotte, North Carolina. The dwelling of Capt. Wm. Dewitt,"^ on Cedar Creek, on * About the spot where the late Judge Evans resided. The late Major John Dewitt, of Society Hill, was a lad of fourteen or fifteen, and went with his fivther's family to Guilford. HISTORY OF THE OLD CHERAWS. 305 tliis, or a subsequent occasion, was also destroyed. On the approach of the British, Capt. Dewitt took his family to Guilford, N. C, but immediately returned himself, and took an active part to the close of the war. When called upon to take the Oath of Allegiance to the King, he is said to have drawn with his sword a circle on the ground, indicating that spot to be his country, and standing thereon, to have uttered words of proud defiance to those who would thus have prohibited him from his sacred fealty as an inhabitant of Carolina and an American citizen. Similar to this in tone, was the spirited reply of Thomas Ayer, who, when urged by Magnus Corgill and other neigh- bours to take protection, and told, that if he refused, his property would be confiscated, warmly replied, " the ques- tion was not one of property, but liberty !" Many of the inhabitants submitted, others yielded nomi- nally, intending to resist upon the first opportunity, while not a few hurriedly removed with their families, servants, and other personal effects, to places of safety, leaving their dwellings to the mercy of the enemy, but returning them- selves to repel the foe. Those of the Whigs who so far submitted as to take the oath, intending not to keep it, felt, that being forced upon tliem, it was not binding. John Wilson and James Gilles- pie, then young men, with a neighbour, had been to Cheraw to swear allegiance. After crossing the river on their return, they rode for some time in silence, as if absorbed in thought, and afraid to utter their sentiments ; at length one of them said, " Well, I don't think that amounted to much'' — and thereupon, all joined in a hearty laugh, finding a perfect agreement of opinion on the subject. The atrocities perpetrated by the British and Tories, for the latter gladly followed in the train of the conqueror, only served to drive the Whigs to desperation, and led to a terrible revenge when the time arrived for throwing off the yoke. And that time was not long in coming ; for no sooner had the British withdrawn, than the spirit of liberty, crushed, but not subdued, began to rise to the ascendant. 306 HISTORY OF THE OLD CHEEAWS." On the 25tli of July^ Mr. Pugh wrote these few hut pregnant words : " The people in arms against the English/^ Major Wemys, after accomplishing the objects of his bloody visit, returned to George- town, to pollute no more the upper parts of the Pedee with his presence. And yet, this man, who had been guilty of so many atrocities, was made the recipient of that generous return Avhicli the in- jured people of Carolina so often extended to their heartless oppressors.* On the 12th of the following November, in attempting to surprise General Sumpter, near Fish Dam Ford, on Broad River, he was taken prisoner, having been severely wounded in the engagement. He had in his pocket a list of the houses he had burned at Williamsburgh and Pedee : with great trepidation he showed it to Sumpter, and begged he would protect him from the militia. Notwithstanding his atrocities, he was treated with indulgence, but became a cripple for life.t Up to this time, the nearest posts to the Cheraw District held by the British, were George-town and Camden. A position was now to be taken on the Upper Pedee, to add to the lengthening and tightening chain, and to the alarm and suffering of the inhabitants. The following extract from a letter of Sir Henry Clinton, of June 4th, 1780, to the Hon. George Gervain, one of his Majesty^s principal Secretaries of State, will convey some idea of the condition of things in Carolina, as viewed at least by the British Commander, and the feeling of the enemy : — "With the greatest pleasure," he said, '' I farther report to your lordship, that the inhabitants from every quarter repair to the detachments of the army, and to this garrison (Charles-town), to declare their allegiance to the King, and to offer their services in arms for the support of the Go- vernment. In many instances they haA^e brought in as prisoners their former oppressors or leaders ; and I may venture to assert, that there are few men in South Carolina who are not either our prisoners or in arms with us.^^J * Eamsay's " Revolution," vol. ii. pp. 188, 89. t James's " Life of Marion," p. 73. X Tarleton's " Memoirs," p. 80. This interesting work, and one indis- HISTORY OF THE OLD CIIEKAWS. 307 Sir Henry Clinton now left for the Nortli^ and his com- mand devolved on Lord Cornwallis. A temporary period seems to have been put to any organized resistance in Caro- lina. A partisan warfare, however, was here and there kept up, especially with the Tories, who were now bold and con- stantly marauding, wreaking their vengeance with bitter malignity on the Whigs of Pedee. Emissaries were despatched by Lord Cornwallis to North Carolina, with instructions to some of the leading Royalists of that State, to " attend to the harvest, to prppare provi- sions, and to remain quiet till the King's troops were ready to advance, about the latter part of August or early in Sep- tember ; that interval of time being deemed indispensably requisite for the construction of magazines, with properly secured communications, for a clear establishment of the militia, and for a final adjustment of their civil and military regulations which in future were to govern Georgia and South Carolina."^ Early in June, Lord Cornwallis made such a disposition of the British troops as to establish a thoroughly organized line of posts upon the frontiers of the State. " Major M^ Arthur, with the 71st Regiment (Highlanders), was stationed at the Cheraws, in the vicinity of the Pedee River, to cover the country between Camden and George- town, and to hold correspondence with a friendly settlement at Cross Creek,t in North Carolina." It was also said, " Besides the defence of the frontiers, another material ad- vantage resulted from this disposition of the king's troops. The officers and men of the different regiments and corps were supplied by the flour and cattle, whilst the horses were foraged by the produce of the country ; any expenditure of the provisions brought across the Atlantic was unknown,^ except in Charles-town and Savannah. "J In a letter of the 30th of June, to Sir II. Clinton, Lord pensable to a thorough understanding of the Revolution in Carolina, is written in the best style of niilltnry history, and throws much light, not otherwise to be had, on all connected with the movements of the British forces, and the general plan of their campaigns. * Tarleton's " Memoirs," p. 85. f Now Fayetteville. I " Tarleton," pp. 87, 88. X 2 308 HISTORY OF THE OLD CHERAWS. Cornwallis said : " I have agreed to a proposal made by Mr. Harrison^ to raise a provincial corps of five hundred men, with the rank of Major, to be composed of the natives of the country between the Pedee and Wateree, and in which it is extremely probable that he will succeed."^ The Tories on Lynchers Creek, in the neighbourhood of M'Callum's Ferry, committed many murders and depreda- tions. They were headed by the two Harrisons, to one of whom Cornwallis refers. It was he, doubtless, who was afterwards a colonel, the other becoming a major, in the British service, and both called by Tarleton, men of fortune. They were, in fact, two of the greatest banditti that ever infested the country. The proposed plan of a provincial corps was never carried out. Before the fall of Charles- town these brothers lived in a wretched log hut, by the road near M'Callum^s, in which there was no bed covering but the skins of wild beasts. During the contest the major was killed ; after it was over, the colonel retired to Jamaica, with much wealth, acquired by depredation. f M'Arthur reached Cheraw some time during the month of June. The parish church was called into requisition for a portion of his force, and traces are yet to be seen some distance out on the southern line of the town of the tempo- rary barracks erected. According to tradition, M^ Arthur and other officers were not wanting in courtesy to the ladies of the vicinity, and as a conseqvience were treated with such a degree of civility as the necessities of the case made im- perative. The soldiers, however, were not restrained ; and many persons in the neighbourhood were plundered and treated with indignity. Numerous incidents are related of the sufferings and losses of the inhabitants during the brief sojourn of the enemy. The report reached Western South Carolina, at Camp Ca- tawba,t Old Nation, about the 4th of July, that Gen. Caswell, * Tarleton p. 117. "f" James's " Marion,"' p. 45. X Letter from a Mr. Williams to liis wife, of 4th July, from Camp Catawba. Gibbe's "Documentary History," 1776-S2, p. 135. HISTORY OF THE OLD CHERAVVS. 309 of the North Carolina line^ had defeated the British at tlic ' Cheraws, and cut off the 71st Regiment entirely. But this was a mistake. The enemy was yet to remain there for a brief season triumphant. On the 5th of July, General Caswell wrote to General Harrington fi-om " Camp ten miles south of Ramsay," as follows : — " Dear Sir, " I had your favor from Chatham Court House, and also one from Col. Collier, and am much obliged by your information. " Nothing new has happened in this part of the country since your departure. Donaldson's party left him at Cole's Bridge last Friday night, on the approach of 400 horse, they say from the Cheraws, 200 of which were British; since which I have heard nothing from that quarter. ■ I shall wait on the Baron de Kalb to-day, and will fix the time and place of our joining. He is to be this day at Wilcox's Iron Works. If it will not be attended with danger to the troops to move from Salisbury, I presume Gen. Rutherford will join me, in consequence of my letter by your favor, on the upj)er part of Deej) River. Pray present my compliments to the General, and let him know I expect to hear from him on that subject daily. " From you, I flatter myself I shall frequently hear, " I am, with great esteem, dear Sir, " Your most obedient servant, * " R. Caswell. " Brigadier-General Harrington." Soon after M' Arthur's arrive! at Cheraw, he went down the river with a detachment, and made his head-quarters for a short time at Long Bluff". His force was large enough ^ to admit of division, and to keep the country in awe. • - While at Long Bluff", he offered a handsome reward for the capture of Thomas Ayer. Ayer had made himself con- spicuous a short time before, as the leader of a company which had been sent out to take some bold and mischievous » , 310 HISTORY OF THE OLD CHERAWS. persons^ who had rendered themselves obnoxious to the inhabitants by their lawless depredations. Having succeeded in capturing a portion of the band, he secured the country against any more of their ravages by hanging them all. Tlie effect of the reward offered for Ayer, was his cap- ture by a party of Tory neiglibours. They kept vigilant watch for him, and caught him while on a brief and cautious visit to his family. He came up at night, and keeping close during the day, intended to leave for camp the following night ; but, late in the afternoon, sixteen Tories galloped up to the house and secured him. They tied him with buck-skin strings, furnished by old Magnus Corgill for the purpose, and hurried him off toward the river, intending to take him immediately to M' Arthur, But, by the time they reached Hunt's Bluff, a terrific thunderstorm had blown up, and fearing to cross the river and prosecute their jour- ney through the swamp in the darkness of such a night, they concluded to keep their prisoner in an old unoccupied house on the bank until morning. George Manderson, the leader of the party, apprehending no danger from any quarter, left Ayer in charge of the others, and went down with one of his companions, Tom John, to get supper and sleep at old Jonathan John's. Relief was soon to overtake the now despairing Ayer. A few hours after the Tories left his residence, his elder brother, Hartwell, with five Geor- gians, rode up very unexpectedly to the family. The names of these timely visitors were — Willifim Cooper, James Nephew, Charles Tharp, John Tharp, and Joseph Plummer. Upon being informed of what had occurred, Hartwell Ayer and his companions set out in immediate pursuit, and took the Tory party completely by siirprise. They approached under cover of the darkness and tempest, and were at the door before being discovered. Most of the party within were asleep. Shooting first those who were up, they con- tinued to fire and despatch with the sabre and bayonet until all were killed, except A sal John. Being a son of his old neighbour, who was a peaceable man, Thomas Ayer pro- tected him with his own body, and induced the captors to UISTORY OF THE OLD CIIERAWS. 311 spare his life. Tlieu mountiug tlie horse of Dick Owen, one of the Tories just killed, he returned with all possible speed to his family, not knowing what might have befallen them. Upon learning the whereabouts of George Man- derson and Tom John, Hart well Aycr and his companions went off in pursuit. Riding up cautiously to old Johu^s residence, they civilly inquired for Captain Manderson,* who, as he appeared at the door, was saluted with a shower of bullets. Though struck by several balls, the wounds inflicted were slight ; and springing through the back door of the house, he made his escape to the swamp, whieh was near at hand. Tom John was not so fortunate. He was knocked down Avith the butt of an old musket, and then pinned to the floor with the bayonet, remaining in that condition as the gun was jerked off, and supposed to be dead. But, on the bayonet being removed, he arose, and proved to be not seriously injured. He lived several years afterwards. When informed of the rescue of Ayer, and the slaughter of the Tories, M'Arthur was more enraged than ever. He determined to go in person and take vengeance. Cross- ing the river with a strong party, he came very near surprising the family, then at home, consisting of Mrs. Ayer and her sons, Lewis Malone and Zaccheus, both of whom were lads. They made a timely escape, how- ever, to the swamp, which was near by, and there remained in concealment several weeks, being supplied with food by their good neighbour, James Sweat. f M"^ Arthur took pos- session of the deserted premises, killed the stock, destroyed most of the fencing, and burned all the buildings except a large crib, which he spared on account of the corn it con- tained, meaning to appropriate it to the use of his troops. * Captain Mandersou removed after the Revolution to Georgia, and settled on the Savannah River. He died about the year 1794. William Cooper and James Nephew, of the band of Georgians, were half brothers. They lived at Sapello, Georgia, long after the war was over. f Mr. Sweat was then quite a young man. He afterwards became a Bap- tist preacher, and removed to the south-western part of the State, where some of his descendants are still living. Nathan, an elder brother of William Sweat, was a brave and active Whig. Their father, who was then an old man and uitirm, lived quietly, and was un- disturbed by any one. 312 HISTORY OF THE OLD CHERAWS. It was, however, subsequently taken off and secured by the friends of the family. Every valuable negro was carried away, with others belonging to different persons in the neighbourhood. The now empty crib became the dwelling of the family to the close of the war. Nathan Sweat was captured by M*^ Arthur's party, and carried to their quarters on the west side of the river above. He remained long enough with them to discover their fleetest horse ; and, watching a favorable opportunity, mounted the animal and bade his captors adieu. He was pursued, but succeeded in reaching the swamp below, and made his escape. On the following morning, while sitting on his horse at his mother^s door, and in the act of receiving food from her hands, the old lady discovered the approach of a hostile party, and cried out, " Nathan, the enemy are upon you." Again putting spurs to the noble steed, which had outstripped his pursuers the day before, he made good his escape, congratulating himself, doubtless, as the distance widened between them, on his correct judgment of a horse, to which he owed his life. After his return to Cheraw, M'Arthur sent a detachment up the river on a plundering expedition. On their approach- ing the residence of General Harrington, in Richmond county^ Mrs. H., who was at home, discovered them in time to have a horse secreted in an out-building, which, for- tunately, was not disturbed. Such of the negroes as did not escape were taken, and carried, with the live-stock, to Cheraw. The overseer was tied, and made to accompany them. Mrs. Harrington, who was most distressed at the capture of the servants, fearing they would be carried en- tirely away, followed on, to recover them, if possible. M' Arthur told her she could have them if they would go with her. But, being probably captivated with the idea of freedom, they preferred remaining where they were, with the exception of a woman and her family, who went back with their mistress. The most of these and other negroes taken by the enemy were recaptured upon the breaking up of the British post at Cheraw. The difficulty in the way of the enemy was to get any considerable body of slaves to the coast. The only niSTORY OF THE OLD CIIERAWS. 313 apparently feasible means was by tlie river in boats, and the attempt thus to transport them proved to be ineffectual. A few negro men Avere carried off with the troops, and never recovered.''^ Captain Thomas Ellerbe, who lived a few miles below Cheraw, suffered severely in the loss of property. Many horses were taken from him, of which he had a large number. Having become obnoxious as an active Whig, he was obliged to secrete himself from the enemy. As ma- rauding parties Avould go to the house to demand a fresh supply of horses, !Mrs. Ellerbe, who would not have dared flatly to refuse, was sometimes relieved by the faithfulness and sagacity of one or two servants, who kept the horses in the recesses of the swamp, driving them from place to place, their mistress not being informed of their movements ; she could only plead ignorance, and thus her husband^s property was saved. Captain Ellerbe lost not a few negroes. Claudius Pegues had also a number taken by the enemy while at Cheraw, the most of whom escaped, and subse- quently returned to their master. One of these was treated with great cruelty by the British. His account was, that they ordered him to ride, and because he fell off several times, they hacked him with their swords, leaving him, as they supposed, dead by the road-side. He managed to crawl home, and eventually recovered, though shockingly mangled. ' The form of legality was sometihies given to acts of plundering. An originalf receipt or certificate is in these words : — ' " Got at Philip Pledger's house, eight horses for his Majesty's service. " By Thomas Hamilton, "July 23, 1780. " Lieut. 71st Regt.-'^ * Of those taken off on this occasion, was a servant of General Harrington, named Cuflee. He was noted for his remarkably valuable traits of character. He was supposed to have been carried with the British on their return to Cam- den. He subsequently passed into the hands of Captain Campbell, a British officer, who settled after the Revolution on Pedee. General Harrington brought a suit in Cheraws District for his recovery. The damages found were large, and only to be discharged by the delivery of the negro. Rather than pay the amount. Captain Campbell sent to Jamaica for Cuflee, where he had been trans-ported, and delivered him to his master. t The original is in the Author's possession. 314 HISTORY OF THE OLD CHERAWS. But the Whigs in this section were not to contribute much longer to an imperious and unsparing foe. A change was rapidly approaching. In a letter to Sir Henry Clinton, dated Charles-town, July 14th, 1780, Lord Cornwallis said : " The Government of North Carolina is likewise making great exertions [he had referred to A^irginia] to raise troops, and persecuting our friends in the most cruel manner ; in consequence of which, Colonel Bryan, although he had promised to wait for my orders, lost all patience, and rose with about 800 men, on the Yadkin ; and by a difficult and dangerous march, joined M'Arthur on the borders of Anson County. About two-thirds only of his people were armed, and these, I be- lieve, but indifferently.''"^ Colonel Bryan was a noted loyalist, and great things were expected of him ; but, being of a timorous and undecided spirit, he accomplished little. On the march to Cheraws, he was actively pursued by General Rutherford, but had the address to elude himf " The news brought by these loyalists created some astonishment in the military, and diffused universal con- sternation among the inhabitants of South Carolina. They reported that Major- General De Kalb, a French officer in the American service, was advancing from Salisbury with a large body of Continentals ; that Colonel Porterfield was bringing State troops from Virginia ; that General Caswell had raised a jDowerful force in North Carolina ; and that Colonel Sumpter had already entered the Catawba, a settle- ment contiguous to the Wacsaws. These accounts being propagated and artfully exaggerated by the enemies within the Province, caused a wonderful fermentation in the minds of the Americans, which neither the lenity of the British Government, the solemnity of their paroles, by which their persons and property enjoyed protection, nor the memory of the undeserved pardon so lately extended to many of them, had sufficient strength to retain in a state of submis- sion or neutrality. Whilst the Americans were collecting * " Tarleton's " Memoirs," p. 119. t Lee's " Memoirs of Southern Campaign," vol. i. pp. 158, 159. PIISTORY OF THE OLD CHERAWS. 315 their forces, Lord RaAvdon made occasional alterations upon the frontier, in order to confirm the adherence of the loyal inhabitants, and to obviate the designs of the enemy. . . . Some detachments were sent out ; others di'awn in. . . . Major INf^ Arthur's position in the Cheraws was deemed too forward, aud he was desired to retire some miles into the Province.''* So Tarleton afterwards wrote. The subject of INI'' Arthur's position and movements was now exciting no little anxiety at head-quarters. On loth July, Lord Cornwallis wrote to Sir H. Clinton : " I have just received intelligence from Lord Rawdon that De Kalb has certainly joined Caswell at Coxe's plantation on Deep River; his lordship in conse- quence has withdrawn Major M'Arthur's detachment over the Black Creek, where he means to join him with two battalions, and post Lieut.-Col. Webster on Hanging Rock Creek. This will make his situation pretty compact, but I fear the enemy will make incursions into the country."t Appearances were daily becoming more threatening for the enemy. A considerable number of the militia of North Carolina had taken the field, and agreed to rendezvous at Anson Court House on the 20th of July, that they might be in readiness to co-operate with the Continental army. J Anson Court House was about thirty miles above Cheraw on the river. " On the 24tli of July General Gates arrived in the American camp. His name and former good fortunes re- animated the exertions of the countr}"- ; provisions were more amply supplied by the inhabitants ; and the Con- tinental troops now reached the frontiers of South Caro- lina.§ It Avas now manifest that INI^Arthur would be forced to make a precipitate retreat from Pedee. The inhabitants Avere greatly encouraged, and ripe for revolt. The advance of Gates was rousing into acti\dty all the latent energies of the State. The most resolute of the militia, indignant at the treatment they had received, and convinced by Sir * " Tarleton," pp. 91, 92. f Ibid., p. 120. X Ramsay's " Revolution in S. C," vol. ii. p. 139. § " Tarleton," p. 97. 316 HISTORY OF THE OLD CHEEAWS. Henry Clinton^s proclamation, which had been faithfully- acted on by Lord Cornwallis, that repose during the war was a chimerical expectation, determined from concealed enemies to become open foes. On the day that the British relinquished their post at Cheraw, the inhabitants, distressed by their previous depredations and disgusted with their con- duct, took up arms. Preparatory to his departure, M*^ Arthur had made an arrangement for transporting a number of his sick, with the captured negroes, by boats to George -town. They were to be under the care of Lord Nairne, and the whole under the new-made British colonel, William Henry Mills,* with a military escort, composed of a portion of the militia of the country who had taken the oath of allegiance. Hearing of the projected expedition down the river, a party of neighbouriug Whigs, under the lead of James Gillespie, collected at Bedingfiehrs,t a short distance from Cheraw, and determined to gather a larger force and sur- prise the enemy. As they went on their numbers increased, and the command was assigned to Major Tristram Thomas. In the meantime, with the departure of the boats, M^ Arthur commenced his retreat towards Black Creek. The Whigs fixed upon Hunt's Bluff as the most favor- able point for intercepting the expedition. A battery of wooden guns was hastily constructed, and placed imme- diately on the bank, in a sudden bend of the river. In due season, as the slowly-moving flotilla appeared, the most im- posing demonstration that they could present was made by the command of the gallant Thomas, and an unconditional surrender demanded. It is not improbable that there was a secret understanding with some of the leading men of the militia under Colonel Mills. However this may have been, no resistance was attempted, and the surprise was complete. At the same time, a large boat coming up from George-town, well stored with necessaries for Major M' Arthur's force, was seized for the use of the American army. Colonel Mills succeeded in getting away, and made his escape to George- town.J The other new-made British oflftcers of the militia Lee's "Memoirs of the Southern Campaign," vol i. p. 162. t Now Irby's Mills, three miles from Cheraw. X Eamsay's " Revolution in S. C," vol. ii. p. 140. HISTORY OF THE OLD CIIERAWS. 317 were taken prisoners by the party under Major Thomas, and with some of their men and the sick, more than a hundred in number, carried prisoners into North Carolina. The British Commander, and Tarleton also, as will be seen, spoke of it afterwards as a mutiny, making no allusion to the well-planned surprise by the Whigs, but for which the expedition might have reached George-town in safety. The negroes, of course, were recaptured and returned to their owners. This effective blow struck increased terror into the enemy, already alarmed, and encouraged the in- habitants to more determined and unyielding resistance. It was the first brilliant exploit yet achieved upon the- Pcdee, and occurred just at a time when the most important moral effects were likely to follow in its train. Lord Cornwallis, deeply chagrined, very naturally at- tempted to give the most favorable version of the affair. In a letter to Sir H. Clinton, from Charles-town, August 6th, he thus wrote : — " The general state of things in the two Provinces of North and South Carolina, is not very materially altered since my letters of the 14th and 15th of last month were written.^-" AUuding to matters in other- parts of the State, he proceeds : " In the eastern parts of the Province, Major M 'Arthur, seeing the great importance of the post at Chcraw Hill, and finding himself perfectly secure from any attack of the enemy, desired to continue there longer than it was intended he should, when I had the honor of writing to you on the 15th. At last, however, the 71st Regt. grew so exceedingly sickly, that he found it absolutely necessary to move, and marched on the 24th to the east branch of Lincoln^s (Lynche's) Creek. Gates, who had taken the command of De Kalb^s Corps, was still on Deep River ; and Rutherford no farther advanced than Rocky River, Pedee. Knowing of no enemy within many miles, he ventured to send about 100 sick in boats down the Pedee to George-town. Col. Mills, who commanded the Militia of the Cheraw District, though a very good man, had not complied with my instructions in forming his corps ; but had placed more faith in oaths and professions, and attached less to the former conduct of those he admitted. The in- stant the militia found that M'Arthur had left his post, and 318 HISTORY OF THE OLD CHERAWS. were assured that Gates would come the next day, they seized their own officers and the hundred sick, and carried them all prisoners into North Carolina. Col. Mills with difi&culty made his escape to George-town."* In his memoirs of the time, Tarleton says : " The approach of Gen. Gates with an army of six thousand men, induced Lord Rawdon gradually to contract the posts upon the frontier, in order to assemble his forces. Major M*^ Arthur was directed to draw nearer to Camden ; the two battalions of the 71st Regiment, under his orders, were at this period considerable sufferers by the unhealthy climate of Carolina. To disencumber himself for movement, he collected some boats on the river Pedee, and committed upwards of one hundred sick men to the care of Col. Mills, to be escorted to George-town by the militia under his command. After the sick were embarked. Major M'Arthur commenced his march. In less than ten days the militia mutinied, and securing their own officers and the sick, conducted them prisoners to Gen. Gates, in North Carolina. This instance of treachery in the east of the Province followed the per- fidious conduct of Lieut.-Col. Lisle, on the western border, and strongly proved the mistake committed by the British, in placing confidence in the inhabitants of the country where acting apart from the army. The only probable w&j to reap advantage from the levies made in Carolina, would have been to incorporate the young men, as they were raised, in the established provincial corps, where they could be properly trained, and formed under officers of experience. By such a line of conduct, all the British regulars would have been saved, the king's troops in general would have been augmented, and considerable service might have been derived from their additional numbers. "f It is not sur- prising that such free comments on the British movements in Carolina, which Tarleton could very well make by the light of experience after the war was over, drew down the severest strictures upon his work. Such was the result of the freedom, altogether proper on the part of a historian, ia which he indulged. It was manifestly a most hazardous • Tarleton," pp. 137, 138. f Ibid., pp. 97, 98. HISTORY OF THE OLD CHERAWS. 319 step to have entrusted the fate of such an expedition to the militia of the eountry, most of whom were burning with loug-sraothered feelings of revenge. It taught the enemy a lesson, however, which was not afterwards forgotten. In his letter of August 6th, already quoted, Lord Cornwallis went on further to say : " The wheat harvest in North Carolina is now over, but the weather still is excessively hot ; and, notwithstanding our utmost exertions, a great part of the rum, salt, clothing, and necessaries for the soldiers, and ammunition for the troops, are not very far advanced on their way to Camden. However, if no material inter- ruption happens, this business will be nearly accomjilished in a fortnight or three weeks. " Our assurances of attachment from our distressed friends in North Carolina, are as strong as ever. And the patience and fortitude with which these unhappy people bear the most oppressive and cruel tyranny that ever was exercised over any country, deserve our greatest admiration."^ The reader of these latter days, will form his own opinion upon the remarks of his lordship in the closing paragraph above. That the Loyalists and Tories of North Carolina at this time suffered much, there can be no doubt, and that they deserved to suffer, is quite as certain. But, that they groaned under the most oppressive and cruel tyranny ever exercised over any country, few now will be prepared to admit. But, thus the mortified Commander wrote. The allusion made both by Cornwallis and Tarleton to the sickness from which the British suffered while at Cheraw was sadly true. Tradition tells how the soldiers, unaccus- tomed to a southern climate, sickened and died. And the spot is now pointed out, quite a perceptible sink in the earth, in front of the parish church of St. David, where many, placed, it is said, in one common grave, lie buried. The number of sick sent off on the breaking up of the post indicates a season of unusual fatality. The return of the 71st regiment also on the 15th of August, the eve of the battle of Cam len, about three weeks after it left Cheraw, told how their ranks had been thinned by death. Of the Tarleton," p. 128. 320 HISTORY OF THE OLD CHERAWS. 1st battalion, the return was, 2 captains, 4 lieutenants, 1 ensign, 1 adjutant, 1 quarter-master, 1 mate, 14 sergeants, 6 drummers, 114 rank and file. Of the 2ud battalion, 1 captain, 3 lieutenants, 3 ensigns, 9 sergeants, 94 rank aud file.* Leaving Cheraw, the tide of war turned rapidly towards Camden. The accounts given by the British commander at the time, and subsequently by Tarleton, of that conflict, of such tragic consequence for a season to the American cause, are of exceeding interest, and form a thrilling chapter in the history of the war in Carolina. After the loss sustained by the ravages of M'Arthur^s plundering party in the neighbourhood of her husband's residence, Mrs. Harrington took refuge with her friends in South Carolina. General Harrington was then in camp at Cross Creek, and wishing to have her there, an escort was sent to conduct her thither, as the following record shows : — " State of North Carolina, '' The Honorable Richard Caswell, Esquire, Major- General and Commander-in-Chief of the militia of the said State, in service, " To the Commanding Officers of his Britannic Majesty's Forces, in South Carolina, and all others whom it may concern. " These are to certify, that Col. John Donaldson and Lieut. Reuben Wilkinson are permitted to proceed with a flag of truce to South Carolina, in order to conduct the lady of Henry Wm. Harrington, Esqiaire, and her family to the interior parts of this State. All officers, civil and military, in this State, and others concerned, are requested to take notice thereof, and govern themselves accordingly, " Given under my hand and seal, in the camp at the Cross Roads, near Deep River, the 21st day of July, 1780. " R. Caswell. " By his Honor's command, " John Sitgreaves, A.D. Camp.-" Tarleton," pp.. 137, 138. HISTORY OF THE OLD CIIERAWS. 3^1 Upon Ins arrival Col. Donaldson probably found the enemy breaking iip^ or already gone. His mission Avas suc- cessfully aceomplislicd.* During the struggle on the Pedee Gen. Harrington sent a detachment of Whigs to Anson County in charge of a negro. He Avas the property of Michael Crawford, of Anson, had been in the service of Col. Donaldson, and was exchanged for one of the general's servants. Shortly before they reached the river the Whigs were surprised by a party of Tories, avIio lay in ambush ; and upon the first fire were dispersed. The negro was taken off by the Tories and lost. The Whigs soon rallied, and returned boldly to the conflict. The Tories, satisfied with their booty, retreated after a brief skirmish. They were pursued, and a riderless horse, with a bloody saddle, was captured. Of the Whigs, one named Curtis was killed, and Daniel Hicks wounded in the thigh, from Avhich, however, he afterwards recovered. After the Avar Crawford brought a suit against Gen. Harrington for the negro, but recovered nothing. The scattered Wliigs kept up an occasional correspondence. On the 2Gth of July, John Lewis Gervais, then at Williams- bui'g, Virginia, Avrote to his friend. Gen. Harrington, as follows : — '^ Dear Sir, — After a fatiguing journey I have at last joined my family here, who have undergone great hardships and difficulties. John and Sinclair have both been sick, but are better. I have not heard from your quarter since I left it, and am anxious to know the fate of our friends at Pedee. Mrs. Gervais wishes to hear if the articles she sent up in the boat are safe, and begs you to have them secured in some safe place till we I'eturn. Gov. Rutledge I found gone to Philadelphia, and I ha\'e not heard from * Colonel Doiiaklsou was accompanied on this occasion by Toney, the body servant of General Harrington tliroughout the war, a negro of remarkable character, honest and faithful in the highest degree. He was the father of Cuffee, of whom mention has been made. General Harrington purchased him from John Mitchell, about 1776. After the Revolution, he was sent by his master on horseback from Pedee to Newbern, N. C, with 1500 Spanish silver dollars, to pay for a tract of land which General H. had bought. The money was delivered in safety. The British had no conception of such devotion in a slave. 322 HISTORY OF THE OLD CHERAWS. him since. I should be glad to hear from you, and the situation of our affairs to the southward, if we have any prospect to return soon to Carolina, &c. Mrs. Gervais joins me in best regards to you and Mrs. Harrington ; and we most sincerely wish to assure you by word of mouth of the perfect esteem with which we are Your most obliged and most obedient Servants, " John Lewis Gervais. " Please to direct any letters to the care of Col. Griffin, at Williamsburg,^^ On the 27th of July Gen. Gates arrived at the Pedee from the northward, and on the 4th of August issued a pro- clamation, inviting the patriotic citizens of Carolina to assemble under his auspices and vindicate the rights of America ; holding out an amnesty to all who had subscribed paroles imposed upon them by the ruffian hand of conquest ; and excepting only those who, in the hour of trial^ had. exercised acts of barbarity and devastation upon the persons and property of their fellow-citizens. To this appeal there was a general and hearty response. New life was infused into the lately desponding patriots, and many came forward without delay to join the advancing army. On the 28th of July, Major Spence Macay, aide-de-camp of Gen. Rutherford, addressed Gen, Harrington as follows : — " Camp at Clarke's, July 28, 1780. " Dear General, — Last night Gen, Rutherford received a letter from Gen. Caswell, informing him that Gen. Gates desired Gen. Caswell, Gen. Rutherford and yourself to meet 27th instant, at Cox^s Mills, in order to settle a plan of future operations to the southward. The general says ' that he is happy to acquaint Gen. Caswell that the Virginia Militia, with such continental corps of cavalry and infantry as Congress have allotted to serve with the Southern Army, are in full march, and will speedily join it ; and has also the satisfaction to think that the measures taken by the Executive Council of Virginia in conjunction with that of this State, will shortly relieve our distresses, and put it HISTORY OF THE OLD CHERAWS. • 323 amply in oiir po-ncr to pusli tlic enemy from their advanced posts even to Charles-town. " Governor Nash has written to Gen. Rutherford, re- quiring the attendance of all the members of General Assembly at Hillsbrough, on the 20th of August next, and especially those who are in the army. The Governor's letter is big with caution, the enemy numerous, and much danger is to be apprehended from them. " I am, dear General, " Your most obedient and humble Servant, " Spence Macay. " To Brig.-Gen. Harrington, " Richmond County."' Gen. Gates, confident of ^dctory, lost no time in advan- cing toward the enemy near Camden. Lord Cornwallis's account of preliminary movements and the fortunes of that ill-fated day for the American cause, forms an interesting link in the chain of events at this period. On the 21st of August he wrote from Camden to Lord George Germain : — " It is yn\h great pleasure that I communicate to your Lordship an account of a complete victory, obtained on the 16th instant, by his Majesty's troops under my command, over the rebel Southern Army, commanded by Gen. Gates. . . . On the 9th instant, two expresses arrived with an account that Gen. Gates was advancing towards Lynche's Creek, with his whole army, supposed to amount to six thousand men, exclusive of a detachment of one thousand men under Gen. Sumpter ; who, after having in vain attempted to force the posts at Rocky ]Mount and Hanging Rock, was believed to be at that time trying to get round the left of our posi- tion, to cut off our communication with the Congarees and Charles-town ; that the disaffected country between the Pedee and Black Rivers had actually revolted ; and that Lord Raw- don was contracting his posts, and preparing to assemble his forces at Camden. In consequence of this information, after finishing some important points of business at Charles- town, I set out on the evening of the 10th, and arrived at Camden on the night between the 13th and 14th, and there Y 2 324 HISTORY OF THE OLD CHERAWS. found Lord Rawdon with all our force, except Lieut. -Col. TurubulFs small detachment, which fell back from Rocky Mount to Major Ferguson^s posts of the militia of Ninety- six, on Little River. . . . After consulting with some in- telligent people, well acquainted with the ground, I deter- mined to march at 10 o'clock on the night of the 15th, and to attack at daybreak, pointing my principal force against their Continentals, who, from good intelligence, I knew to be badly posted close to Col. Rugeley's house. Late in the evening, I received information that the Virginians had joined that day ; however, that having been expected, I did not alter my plan, but marched at the hour appointed, leaving the defence of Camden to some provincials, militia and convalescents, and a detachment of the 63rd regiment, which, by being mounted on horses they had pressed on the road, it was hoped would arrive in the course of the night. I had proceeded nine miles, when, about half an hour past two in the morning, my advanced guard fell in with the enemy. By the weight of the fire, I was convinced they were in considerable force, and was soon assured by some deserters and prisoners that it was the whole rebel army on its march to attack us at Camden. I immediately halted and formed, and the enemy doing the same, the firing soon ceased. ■*'* Tarleton says, " On the 15th, the principal part of the King's troops had orders to be in readiness to march ; in the afternoon Earl Cornwallis desired Lieut.- Col. Tarleton to gain circumstantial intelligence by intercepting a patrol, or carrying ofl" some prisoners from an American picket. About ten miles from Camden, on the road to Rugeley's Mills, the advanced guard of the Legion in the evening secured three American soldiers. The prisoners reported that they came from Lynche's Creek, where they had been left in a convalescent state, and that they were directed to join the American army, on the high road, that night, as Gen. Gates had given orders for his troops to move from Rugeley's Mills to attack the British camp next morning near Camden. The information received from these men Tarleton." pp. 128-131. HISTORY OF THE OLD CIIERAWS. 325 induced Tarletou to counteruiarcli before lie was discovered by any patrol from the eucmy^s outpost. " Tli(i three prisoners were mounted behind dragoons, and conveyed with speed to the British army. When ex- amined by Earl Cornwallis, their story appeared credible, and confirmed all the other intelligence of the day. Orders were immediately circulated for the regiments and corps designed for a forward move, to stand to their arms. " The town, the magazine, the hospital, and the prisoners were committed to the care of ]Major M'Arthur, with a small body of provincials and militia, and the weakest convales- cents of the army. . . At 10 o'clock the King's troops moved from their ground, and formed their order of march on the main road to Rugeley's Mills. Lieut. -Col. Webster com- manded the first division of the army. . . At 12 o'clock, the line of march was somewhat broken in passing Saunders's Creek, five miles from Camden. A short halt remedied this inconvenience, and the royal army proceeded in a compact state with most profound silence. A little after two, the advanced guard of the British charged the head of the Ame- rican column ; skirmishing followed ; but, except a few occasional shots from the sentries of each army, a silent expectation ushered in the morning. At dawn, the two commanders proceeded to make their respective arrange- ments for action."^ Before the close of that eventful day, the American army was routed, the unhappy Gates escaped by a hasty flight into Xortli Carolina, and general consternation again seized the minds of the inhabitants. Many of the most devoted Whigs removed their families with haste to North Carolina and Virginia, returning them- selves to the conflict. The Tories were more emboldened than ever, and from this time on was waged a sanguinary and desperate warfare on the Pedee. From Drowning Creek and the Little Pedee, from certain neighbourhoods on Lynche's Creek and the parts lower down, marauding bands were ever and anon pouring in on the river settle- ments, which were true almost to a man. A spii'it of Tarletou," pp. 103-105. 326 HISTORY OF THE OLD CHERAWS. unsparing revenge took possession of the Whigs^ and many a plain from the line of North Carolina above to the upper limits of Marion^s field of action below, were to be watered with blood. In the brief entries made in his Journal, the Rev. Mr. Pugh doubtless gave expression to feelings which very gene- rally prevailed : — " Friday, 18th August. Got the news of Gates's defeat ; moved to Lide's quarter. " Saturday, 19th. About in great trouble. " Sunday, 20th. Over the river, moved home my goods. '' Tuesday, 22nd. Bad news. " Sunday, Sept. 3rd. Went to KolVs ; men met there upon a scout after Tories. " Saturday, 16th. Had news of the British at Black Creek. "Sunday, 17th. At home; melancholy day. Am plun- dered severely; but, blessed be God, am spared yet. "Tuesday, 19th. At home; all day full of trouble. "Thursday, 21st. At home; went to Lide's in great trouble. "Monday, 25th. Went to Mr. KimbrougVs; sorrowful. " Wednesday, 27th. At home ; British left the Long Bluff. " Thursday, 28th. At home, after my cattle. "Tuesday, 10th Oct. Whigs flying, or retreating from here.'^ The approach of Gates to Pedee, as already remarked, was hailed with delight by every ardent patriot. George M^Call and four youthful companions, upon hearing that Gates had crossed the Yadkin, started up the river to join the army and take part in the expected conflict at Camden. They had proceeded but a short distance, when intelli- gence reached them that Col. Giles was raising a volunteer force below to swell the columns of the American com- mander. Hastening back, they found the colonel with his party at Giles's Bluff, some distance below on the Pedee. They remained in that locality two weeks or more, and were joined during the time by Colonel Marion Avith an addi- tional force. Having collected a few old field-pieces^ Marion HISTORY OF THE OLD CHERAWS. 327 crossed the river and commenced a redoubt. While en- gaged upon this work, where a temporary stand was in- tended to be made, the news reached them of Gates's defeat. As a consequence, the phm of operations previously agreed upon was broken up; and the brilliant career in which he was to become so distinguished as a partisan leader, already successfully commenced, now opened in larger outline and bloodier prospect upon jNIarion. With the force hastily col- lected and now under his command, a few sallies were made against the Tories in Williamsburg and the region east of the Pedee. Col. Giles received orders to march with such a volunteer force as would accompany him, to Long Bluft', there to join Col. Kolb, for a retreat into North Carolina, or any other movement which the course of events might determine. The result was, that Col. Kolb remained in the neighbom-liood of Long Bluff, for the protection of the lives and property of the inhabitants there against the Tories. Young M'Call, who met Col. Marion for the first time on the occasion alluded to, was so deeply impressed with his superior military sagacity, that he determined to join his command, and share the fortunes of the future with him to the close of the war. Col. Hicks had gone with his family to Virginia, leaving the active command of the forces on the Pedee to Lieut.-Col. Kolb, a position which the latter ap- pears to have retained until his death, in the early part of the folloAving spring. The depredations by the Tories wei'e secretly committed, except in those cases where they had the advantage of over- powering numbers, or the Whigs were absent from their homes. Samuel Bacot was one of many sufferers, though some- times eluding the enemy, or sharing with others the benefit of their cowardly fears. On one occasion, a party of Tories were seen approaching his house. He seized a well-charged musket, and, giving a few hasty directions, was in the act of escaping, when the distress of a favorite child detained him for a moment, and until the enemy were dismounting ; a little more, and it would have been too late. He succeeded however, in reaching a thick covert in the rear of the dwel- ling in safety. His directions were observed by the family. 328 HISTORY OF THE OLD CHERAWS. and as tlie Tories entered and were about to make search^, the lond report of a musket was lieard^ and the clatter of shot against the walls and door facings as they came through the open passage from the rear^ confirmed the impression of a murderous surprise. A panic followed, and the cowardly- wretches ran for their lives, leaving even their horses behind them, to the amusement and relief of the family. On another occasion, Mr. Bacot was taken prisoner and carried to Camden, where he suffered much from a cruel confinement. About thirty others were at the same time imprisoned, and it was determined to send them all to Charles-town, for safe keeping, in charge of a detachment double their own number. His companions were known to Mr. Bacot, and a few of them as determined spirits on whom he could rely in effecting an escape by the way. To these his plans were communicated soon after the march commenced. They were to take advantage of any favorable circumstance which might occur, for effecting their liberation. A long and wearisome day passed away, the party halting in the evening near a deserted log house by the road side, which was to be occupied during the night. The arms were stacked in front, near the steps. There were two apartments, separated by a thin partition. In the one which opened on the piazza, the guard took lodging, placing the prisoners in the other, with which they communicated by a door. From the latter room, a window opened upon the road. The weary captives had now a better opportunity for consulting together, and it was soon determined to carry their plans into execution. "Saturday night ^^ was agreed upon as the watchword and signal for action. To take pos- session of the guns, when the main body were asleep, was a matter of the first importance. About midnight, INIr. Bacot tapped at the door, and upon its being opened, begged the captain for a drink of brandy, a ready excuse being given for the request at so unseasonable an hour. He perceived at a glance that the moment for action had come ; and taking the glass which was handed him, said, as he raised it, with emphasis on the last words, " Here is success to Saturday night," and dashed the liquor in the officer^s face. HISTORY OF THE OLD CHERAWS. 329 As the words were uttered, his eager and impatient eom- rades rushed out, and seizing the arms, were opposed by the nearest sentinel, Avho was speedily overpowered. The rest of the prisoners, not understanding the cause of the confu- sion, and thinking it a suitable time for escape, began to leap out of the window. The whole guard being roused, their surrender was peremptorily demanded, and so sudden and complete was the surprise, that they yielded at once. They were then paroled and dismissed ; and the captives, once more at liberty, lost no time in finding their way home- ward.* Elias DuBose, on Lynchers Creek, had many adventures with the Tories. On one occasion, before the removal of his family to Virginia, he had returned from the camp on furlough. The Tories, being apprised of his movements, approached his house in the dead of night, and demanded admittance. Well knowing their designs, Mr. DuBose pre- sented himself, gun in hand, with a heroic wife by his side, also armed, and refused them admittance, threatening to shoot the first man who made the attempt to enter, and adding that he would sell his life as dearly as possible. They then threatened to burn them, and made preparation to carry the threat into execution. In this desperate emer- gency, no alternative was left but a compromise ; the dauntless Whig proposing to surrender, on condition that they would not tie or confine him, but that he should be carried to old Mr. Wilson, a neighbouring magistrate and friend of the King, who resided on the opposite side of the creek, and by whose sentence he consented to abide. Supper was then provided for them. Upon arriving at Mr. Wilson^s, and submitting the case to him, he said such a neighbour should not be injured, and told his friend Du Bose to go at large ; upon which he returned to his family the same night. The warfare with the Tories extended up into the neigh- bouring counties of North Carolina. Some time after Gates's defeat, Mrs. Harrington had an adventure with a band of marauders, some of the conse- * In an account of this incident given in Johnson's " Traditions of the Re- solution," the name of Peter incorrectly appears, instead of Samuel Bacot. 330 HISTORY OF THE OLD CHERAWS. quences of which she had reason to deplore to the end of her life. The general, then absent on duty, had sent an urgent message to her to take the negroes and such other moveable property as could be transported, and start imme- diately for Maryland. She did so with all possible expedi- tion ; and bidding adieu to home, had i)roceeded as far as Mountain Creek, in Richmond County, when she was met by Captain John Leggett, a noted Tory, of Bladen County, near the line of Robeson, with his party. They at once began their work of plunder, destroying such of the pro- perty as they could not take with them. Some of the negroes made their escape, and remained under cover until all danger was past. The books, and a valuable library which General Harring- ton was particularly anxious to preserve, were scattered along the road, and not a few, with many valuable papers, were lost or destroyed. The horses were all taken. Fearing a pursuit, the Tories soon took to flight. One of them, named M'Koy, received a young negro man as his share of the spoils, and fled by way of the Grassy Islands. In crossing the river at that point, the horse stumbled, throwing the negro off", who was drowned. After the war, judgment was obtained against this man, but nothing recovered. Mys. Harrington made her Avay back as well as she could to her father. Major James Auld, in Anson County. Her brothers, John and Michael Auld, started with a company in pursuit of the Tories, but did not overtake them or succeed in getting any of the property back."^ Some time before the march of General Gates to the South, General Harrington had his head-quarters at Cross Creek. The object of his position there was to keep the Tories in awe, and protect the public stores^ collected and sent forward from time to time. On the advance of Gates to Camden, he summoned * After the war. General Harrington brought suit against Leggett, and obtained judgment. Leggett, in the meantime, had transferred his lands to another to prevent their being taken. Upon its becoming known, they es- cheated to the State. An Act was afterwards passed by the Legislature of N. C. giving General H. title to these lands. Upon going to Bladen, he found two daughters of Leggett, and gave them deeds for their homestead. Leggett, with others, had escaped to Nova Scotia, but had now returned. General H. received very little in the end — but a few hundred dollars for one or two tracts of land. HISTORY OF THE OLD CIIERAWS. 331 General Harrington from Cross Creek with all despatch to his assistance. The latter immediately took up the line of march ; but, upon arriving at Haley's Ferry, on the Pedee, received intelligence of the disastrous defeat and general dispersion of the American forces. His head-quarters for a time were in this neighbourhood. On the 18th of August, Colonel Nicholas, of the Virginia Militia, vn'ote to General Harrington as follows : — " Mark's Ferry * Aug. 18th, 1780. " Sir, — As I command at this point, I took the liberty of opening your letter to General Stevens. My orders from Colonel Harrison were to stay and command this pass, in order to enable the stragglers of our army to cross the river ; and I doubt not, on your considering the necessity of rally- ing our men, who generally seem to pass this way, and which would be rendered entirely ineffectual by giving up the ferry to the command of the disaffected people, you will render me all the assistance you can, both by giving me advice and falling on some plan for the safety of the troops here and at Cole's Bridge, the former consisting of about 300 men badly armed. Colonel Harrison directed me to march on for Hillsborough as soon as I supposed the men had all passed that were likely to come this way. " P.S. I just saw a letter from General Caswell to Colonel Seawell, which I have forwarded to him, and which will put it out of his power to act with me, I expect. " Sir, I am, with respect, '' Your most obedient servant, " J. Nicholas, " Lieut.-Col. V. Militia. " Brig.-General Harrington, on Pedee.'' On the 10th of September Gen. Gates, now on his re- treat through North Carolina, wrote to Gen. Harrington. " Hillsborough, 11 in the forenoon, 10th Septr., 1780. " Dear Sir, — This moment I received your letter, dated the 6th inst., 8 p.m., from Cross Creek. I am much pleased * Mark's Ferry was fifty miles above Cheraw. 332 HISTORY OF THE OLD CHERAWS. with the good news it contains^ and hope it will prove true ; in the mean time it is our duty, by every means, to know with certainty if the fleet of our allies is, or is not, upon this coast. I desire you will immediately do every thing in your power to satisfy me in that particular. Such necessary and unavoidable expense as is incurred in procuring this inteUigence, I will cheerfully pay. ^' I am, dear sir, " Your affectionate, humble Servant, " HoiiATio Gates. " Brigadier- General Harrington. " P.S. — Continue your spies toward Camden and down Pedee." The enemy were now much emboldened, and renewed their plundering expeditions, as they had done after the fall of Charles-town, in the spring and early part of the summer. Again Major Wemys made his presence felt in the country above George-town. The South Carolina and American General Gazette of September 20th, contained an extract of a letter from that place of the 16th, saying : " Major Wemys has been scouring the country to the northward of this. Several of the inhabitants who, after giving their paroles, joined Marion and Horry in their late incursion, have gone off with them. Some of their houses, &c., have been des- troyed in terrorem. The persons of others, equally culpable, are secured, as they have, by their recent base conduct, shown themselves unworthy of being allowed to go at large.^* Soon after this, the Board of War of North Carolina ad- dressed to Gen. Harrington the following communication: — "Hillsborough, Octr. 1st, 1780. " Sir, — Gen. Gates will give you directions how you are to conduct yom-self in your military operations. As he understands that business much better than I do, you will obey his orders. There are a number of militia at Col. Scamlock's, in Chatham, left by Gen. Sumner, many of them unable to do duty. I have written to the colonel to send all that appear able to go to you, to Cross Creek, as they may act as a guard — those that are unwell, to be dis- charged, as they are only an incumbrance. HISTORY OF THE OLD CHERAWS. 333 " You will give such orders relative to any that joiu you as you think proper. " I am, your obedieut servant, " J. Venn." Gen. Gates also wrote on the same day : " As the enemy are advancing by the route of Salisbury, I recommend it to you, to collect your force immediately at Cross Creek, and be prepared to march by Chatham Court House the moment you receive orders." By order of the Governor of North Carolina, Col. Thomas Brown, of that State, had marched to Pedee, and soon after his arrival wrote to General Harrington, informing him of his movements. " Camp at the Beauty Spot, 10th Octr., 1780. ^' Dear Sir, — I have, agreeably to your order, marched as far as this place, eight miles below Hick^s Mills; but meet- ing with a letter here, informing me of your retreat back to Cross Creek, I conclude to proceed no farther ; but shall, as directed by his Excellency, Gov. Nash, drive off all the beef cattle that I nan possibly collect. I have received no orders from you since the 3rd inst., which^ together with your unexpected retreat,^ has left me so much in the dark how to act, as to determine me as above. The inhabitants about this place seem perfectly still, except about ninety, who are said to be collected at Spike's Mill, on Jeffrey's Creek ; but we learn there is a party gone out this day in order to dislodge them, under the command of Capt. Delany. Captains jMurphy and Council, with their companies, are ranging up and down this river in order to keep the Tories in awe. I hope shortly to hear from you ; and am, " Dear sir, with much respect, " Your most obedient, humble Servant, " Thos. Brown. " P.S. — Since I concluded I have been lucky enough to meet with the person who furnishes the following deposition. He is a son-in-law to Capt. Henry Council, and is said to have been compelled into the British service, and has re- turned home in consequence of Ford's orders. 'Tis confi- * The unexpected retreat here lelerred to, was from Halej's Ferry, on Pedee, to Cross Creek. , 334 HISTORY OF THE OLD CHERAWS. dently asserted by a person lately from Georgia^ that six thousand French are landed there^ and have taken Suns- bury. We further learn that the Tories about Little Pedee are summoned to meet on Thursday nextj by one Jesse Barfield. I shall endeavor to watch their motions^ and if possible, disperse them, " I am, as before, yours, &c., " T. B. " To Brig.-Gen. Harrington, " at or near Cross Creek/' It appears from this letter, that the "Wliigs on Pedee were now rendering effective service against the Tories. This conflict was fiercely waged, and only to close with the ter- mination of the war. On the 1 1th of October, General Gates wrote to General Harrington as to a change of position. " Hillsborough, Octr. 11, 1780. " Dear Sir, — Last night I received your letter from Cross Creek, dated the 6th instant. Colonel Kolb was then here. He is of opinion that you might securely take post with your brigade upon the Pedee, opposite theCheraws; to this, if it meets with your approbation, I have not the smallest objection. On the contrary, I recommend to you to do it immediately. I desire you will acquaint Colonels Marion and Giles with your intentions, and recommend it to them to make diversions against the enemy's posts below. It is not improbable but you may, soon after your arrival upon Pedee, hear something from General Sumpter. You may, thereupon, with proper caution being taken, corre- spond and co-operate with him. But this information must be kept a profound secret to every one but yourself. " I am. Sir, " Your affectionate, humble Servant, " Horatio Gates. " Brigadier-General Harrington, ''near Cross Creek.-" On the day this letter was written. Colonel Martin, in behalf of the Board of War of N.C., addressed General Harrington on the same subject. HISTORY OF THE OLD CIIERAWS. 335 It was a matter of great importance to the inhabitants on tlie Pedec. " War Office, Hillsborough, Octr. lltb, 1780. " Sir, — General Gates's orders for your retreat from the Pedee were unknown to the Board of War until your arrival at Cross Creek ; a post so essential to be kept up for the support of this State, and protection of our neighljouring friends in South Carolina, that the Legislature ha ^ » Fuller, John „ „ „ Farmer, Zachariah „ ,, „ Gardner, Stephen „ „ „ 408 HISTOllY OF THE OLD CHERAWS. Garduer^ William^ private in 1782 Gay, — , lieutenant „ 1781-82 Gibson, Thomas, sen., private, in „ Gibson, Thomas, jun. ,, „ „ Gillespie, James, sergeant. Martinis Troop, Sumpter's Brigade Gillespie, Samuel, private, Robuck's Eegiment Goodson, Arthur „ in 1782 Goodson, Thomas „ „ „ Goodwyn, Britain „ „ „ Goodwyn, David „ „ „ Goodwyn, Lewis „ ,, „ Gregg, James, captain, Britton's Neck Regiment, Colonel Ervin Griffith, Joseph, captain Grimes, James, private, Irby's Company, Hick^s Re- giment, siege Charles-town 1780 Hagin, David, private, in Benton's Regiment . . 1782 Hales, Silas „ „ ,, HarraU, Levi „ „ „ . Harrington, Wm. Henry, commanding South Caro- lina Militia, both sides of Pedee, November . 1780 Harrison, Henry, private, in 1782 Hendley, Jesse „ „ „ Hendricks, William, captain, Marion's Brigade . . „ Hewstess, James, sergeant „ Hicks, George, colonel 1779-80-81 Hickson, John, private, in 1782 Hindley, Edward „ „ Benton's Regiment Hinds, John, lieut. and private, in „ Hines, Samuel „ )> ,, „ Hinson, Claybm-n, commanding detachment j)ri- soners to Long Bluff April, 1781 Hinson, William, private. Round O Company Militia 1779 Hird, John, lieut., in 1782 Hodge, Elias, private, in 1779 ,* Isham, private under Major Tristram Thomas, Hicks's Regiment 1780 „ James, private under Lieut. John Pledger, Murphy's Regiment 1782 HISTORY or THE OLD CIIEEAWS. 409 Hodge, John, private in Capt. Standard's Company, Ilicks's Regiment 1780-81 „ Joseph, private nnder Major Thomas, and in Ilicks's Regiment, in 1782 „ Robert, sergeant, Captains Standard's and Pearson's Companies, Benton's Regt. 1780-82 „ Thomas, private, in 1783 „ Welcome, sergeant, Benton's Regiment, siege Charles-town 1780 Hollis, Moses, lieut., in 1783 Hnbbard, Noah, private, in 1782 Huekaby, Isham, sergeant and private, in . . . „ „ Samuel „ „„....„ „ Thomas, private, in „ Huggins, John, captain, Col. Hugh Giles' Regt. . 1779 Hunt, Criswell, private, Benton's Regiment Irby, Edmund, captain, Hicks's Regt., M'Intosh's Brigade, siege Charles-town 1780 Irby, Charles, commissary 1782 Jackson, John, lieutenant, in „ „ Stephen, captain, Kolb's Ptegiment . . . 1780 „ Stephen, junr., private, in 1782 „ William „ „ „ James, Alexander, lieut., in „ „ George, private „ ,, „ . James „ ,, „ Jenkins, Charles „ „ „ „ James „ „ „ „ Reuben, lieutenant and private .... „ Jinkins, James, lieutenant in Benton's Regiment . „ John, Azel, private, Benton's Regiment .... 1782 „ Jesse „ „ .... 1783 „ Thomas „ „ .... 1782 Johnson, John „ Capt. Standard's Company, Ben- ton's Regiment 1781 Johnston, John, private 1782 Jolley, Joseph „ „ Jones, Edward, Captain of Guard, Kolb's Ferry 1780-83 „ James, private 1782 William „ 410 HISTORY OF THE OLD CHERAWS. Keil, William, private 1782 Keith, Cornelius „ „ Kennedy, Stephen „ „ Kilgore, Henry „ „ Kirby, James „ „ Knight, Niglet „ „ Kolb, Benjamin, Benton^s Regiment 1781 „ John, sergeant and corporal 1780-81 „ Peter, private, in 1782 Large, David „ „ „ Lee, William „ „ „ Lide, Robert, Major, Marion's Brigade Lowther, Edward, private in 1781-82 Lowry, Robert „ „ Marion's Brigade . „ „ Luke, Owen „ „ „ Lundy, Drewry „ „ 1781 John ^ „ „ 1781-82 Lyons, Guthridge, captain, Benton's Regiment . . 1781 „ William, private 1781-82 Mario, James „ 1782 Mannings, James „ „ Marsh, John Lewis „ Benton's Regiment . 1781 Martin, Jeremiah „ „ „ . „ „ William „ ,, „ . „ Mason, Charles, commissary under Marion, and private 1782 „ Joseph, private, in „ M'Call, George „ under Marion .... „ „ Henry, sergeant of horse 1 782-83 „ John, lieut. and private, Marion's Brigade 1781-82 „ William, private in 1782 M'Carter, James „ „ M^Cullogh, George, captain, in McDonald, John, private „ M'Dowell, Samuel „ „ M^Gee, James „ „ M'Intosh, Alexander, captain, Benton's Regiment 1781-82 " Lacklin, private, in 1782 „ William „ Captain Nelson's Com- pany, Marion's Brigade 1781-82 HISTORY OF THE OLD CHERAWS. 4 1 1 M'lver, Evandei% private and clerk in Captain Irby's Company, Hick's Regiment, M'lntosh^s Brigade 1780 M'Muldi-ougli, Andrew, private, in 1782 ,, Hngli, sergeant-major, in ... . „ James „ „....„ „ AVilliam, lieutenant „ . . . . „ M'Natt, Joel, private. Murphy's Regiment, Marion's „ Brigade „ „ jNIaekey, private „ Mikell, James „ „ „ John, jun., licut, and private, Marion's Bri- gade 1780-82 Miles, William, private, in 1782 Mixon, Maraday „ under Lieut. John Rushing, Benton's Regiment, at Long Bluff, in . . . 1783 „ Samuel, private in 1782 Moody, Andrew „ Captain Standard's Com- pany, Benton's Regiment 1781 „ Roderick, private in Captain Standard's Com- pany, Benton's Regiment „ Moore, Gully, private, in '. . 1782 „ Jeremiah „ „ ,, Munnerlyn, James, lieutenant Mui-phy, Maurice, captain in Hick's Regiment, in 1779-80, major, in 1780-81, and lieut.-col. com- manding, in 1781-82 Murray, William, private, in 1782 Nettles, George „ „ Pedee Regiment, Ma- rion's Brigade 1780-82 Nettles, Joseph, private, in 1779-82 „ Robert „ „ Marion's Brigade Noland, William „ „ 1782 Northent, William „ „ „ Norwood, John, captain in Marion's Brigade, in . „ „ Samuel, private, in „ Nugent, Thomas „ „ „ O'Neal, John, commissary of detachment under Col. Benton, in „ Outlaw, Benjamin, private, in „ Parker, Moses „ „ 1781-82-83 412 HISTORY OF THE OLD GHERAWS. Parrott, Thomas, Captain of Horse, in .... 1782 Pasley, Robert, captain, in 1781 Pearson, Aaron, private „ 1782 „ Moses, lieutenant in Hick's Regiment, in 1780, and captain in Benton's Regiment, Ma- rion's Brigade, in 1781-82 Perkins, David, private, in 1782 „ Isaac, sergeant „ ,, „ Lewis, private „ „ „ William „ „ Pigot, John, sergeant, in „ „ Nathanael, private, in ,, Pledger, John, lieutenant in Marion's Camp, 1781- 82, and lieutenant commanding in Murphy's Regiment, in J^^ly, 1^82 Poke, Daniel, private, in „ „ John „ „ „ „ Luke „ „ Pouncey, Anthony, quarter-master, in .... 1780 Powe, Thomas, commissary. Hick's Regiment . . „ Powers, Nicholas, private, in 1782 Preswood, Jonathan, sergeant, in „ „ Thomas, private ,, „ Purvis, Alexander „ „ „ „ Gilbert „ „ „ John, lieut.-coL, in 1780 Raburn, John, private. Captain Daniel Spark's Com- pany 1779-80 Raspberry, John, private, in 1782 Rasher, Michael „ „ Rawlinson, John ,, „ Benton's Regiment Rivers, Frederick „ :,, Roan, William „ „ Roberts, Philip ,> » Rogers, Edward „ „ Rouse, Neal ), „ Rushing, John, lieutenant, Benton's Regiment, at Long Bluff, in 1782-83 Russell, Stephen, sergeant and private, in . . . 1782 Sansbury, Daniel, private, in ....'.. 1781-82 HISTORY OF TPIE OLD CIIERAWS. 413 Saunders, Natlianael, lieutenant and private under Benton, in 1780-81 Sellers, William, private, in 1782 Sexton, Edward, „ „ 1782 Shoemake, Samuel „ „ Simons, David, sergeant, in „ Samuel, private „ Smith, Charles „ „ Capt. Thomas Ellerbe''s Comp. „ John, private „ „ „ Richard „ „ „ „ Jeremiah, private, in Andrew Du Bose's and Thos. Ellerbe^s Companies, Benton^s Regiment Sparks, Daniel, captain, in 1781-82 Spears, David, private, in Standard, \Yilliam, captain in Benton^s Regiment 1781-82 Spencer Calvin, assistant quartermaster-general, June to August 1780 Stanley, Shadrack, private, in 1782 Starks, Henry „ „ Stephens, John „ „ Strofcher, George, lieutenant, in Teal, Edward, private, in Terrell, Edward „ „ „ James, lieutenant, Benton^s Regiment at Long Bluff 1783 „ Samuel, lieutenant, in . , . . . 1781-82-83 Thomas, Tristram, captain in Hick's, Kolb's, and Benton's Regiments, 1780-81, and major in Ben- ton's Regiment 1781-82 Thorp, Eleazer, private, in 1782 Tootles, Obed „ „ „ Tow^nsend, Light „ „ Benton's R,egiment . „ Veal, John „ „ Yiekers, Jacob „ „ Yining, Jesse „ „ 1782-83 Waddeli, Abel „ „ 1781 Warwick, Abraham, private, in 1782 Watkins, Samuel „ under Capt. Amos Windham Weaver, Hartweil, private, in White, James, private, in 1782 414 HISTORY OF THE OLD CHE RAWS. Wliittington, Barnett^ private, in 1782 Ephraim, lieut., Beutou's Regt., in 1781-82-83 „ Francis, private in 1 782 )) ije\i ,, ,, „ „ Natlianael „ „ „ „ Richard „ „ „ Vv'ilds, Abel, private, in „ „ Jesse, lieutenant, in „ „ Samuel, private, in 1782 Williams, Daniel, captain in Benton's Regiment, in . 1781 Williamson, Jesse, private, Marion's Brigade . . 1782 „ Shadrach, lieutenant and private, in . „ _,, Stephen „ Sterling, private, in „ ,, William ,, „ „ Willis „ „ Wir.gate, Edward ), >> „ Windham, Amos, captain under Kolb, and major, in „ „ Jesse, private ., William „ 1782 Wise, James „ „ „ William „ „ Wood, Benjamin „ „ Woodward, Thomas „ „ Wright, Amos, private, Capt. Amos Windham's Com- pany „ „ Gillis, private „ „ Joseph „ „ „ Solomon, private, Capt. Windham's Com- pany Yates, William, private „ Youngblood, David, private „ „ Peter, captain . „ HISTORY OF THE OLD CIIKRAWS. 415 CHAPTER XVII. Members of Legislature elected for St. David's Parish — Petition of Elizabeth Mitchell, and action of Legislature thereon — Petition of Robert Allison — Relief extended — Elections for Cheraws District — First Circuit Court at Loug Bluft" after the Revolution — Charge of Judge Grimke — Presentments of grand jury — Tobacco inspectors appointed for Cheraws — Ordinance for opening navigation of the Pedee — Commissioners appointed — Ordinance of following year — Commissioners — Course of Legislation on the subject — Elections to Legislature for St. David's — Captain Dewitt resigns his seat — Re-elected — County Court Act — St. David's Parish divided into three counties — Boundary lines — Provisions of the Act — County Justices for Marlborough, Chesterfield, and Darlington — Locations made for the several county sites— ■ Prevailing crime at that day — Presentment of County Court for Chester- field — Burning of records in Darlington County — Practising lawyers in St. David's — Names of counties — Greenville, why so called — St. David's Society revived — Its history — Teachers — Thomas Park — Life and character — Members of St. David's Society — Notices of Welch Neck Church — Removal of church building — Account of William Falconer — Other settlers in Cheraw District after the Revolution, The state of public affairs urgently demanded the atten- tion of the Legislature, which was to meet in January, 1783. At an election holden for members on the 25th and 26th of November, jSIajor Tristram Thomas was returned Senator; and Lemuel Benton, Thomas Powe, William Pegues, William Strother, William Dewitt, and Claudius Pegues, jun., INIembers of the House for St. David's. " On the loth of February, was received the petition of Elizabeth JMitchell, widow of John Mitchell, in behalf of herself and the heirs and devisees of her deceased husband, setting forth, that he had been dead almost two years, and left his estate, real and personal, to herself and children — that she had observed, with concern, that his estate was con- fiscated by an Act of the General Assembly, and begged leave to state, that for many years preceding his death, her husband was of very distracted mind, and if he had been guilty of any acts to occasion the displeasure of the Legis- lature, such misconduct must have been the result of his insanity — that he was confined frequently as an absolute 416 HISTORY OF THE OLD CHERAWS. madman — that he never held any commission tinder the British — that herself and the heirs are well affected to this State; and one of the heirs^ though a youth of tender yearS; had lately turned out a volunteer in the State ser- vice ; and she therefore prayed relief from the said Act of Confiscation^ &c/^ The petition was favorably received, and relief extended, except as to such part of the estate as would descend to a daughter who had married Captain Campbell, a British officer. On the 24th of February, the petition of Robert Ellison was read, setting forth " that he was an officer in the militia before the fall of Charles- town, and always exerted himself in the service of America — that he was made a pri- soner in Camden, and confined on Jameses island under very unhappy circumstances, and therefore prayed relief from the penalties of an Act for amercing certain persons therein mentioned, &:c." The case of Mr. Ellison seems to have been misunderstood. He was consequently relieved, and continued to enjoy the confidence and esteem of his fellow-citizens to the close of his useful life. At this Session of the Legislature, Claudius Pegues, jun., was elected Ordinary for Cheraws District, and William Dewitt, Sheriff. The latter having accepted the appoint- ment, vacated his seat as a member of the House. A new election was ordered for 24th and 25th of March, and Peter AUston returned. The first court holden at Long Bluff, after the Revolution, was on the 15th of November, of this year. It was an oc- casion of unusual interest. Judge Grimke, who had been appointed on the 20th of March previous, appeared for the first time on the Northern Circuit, and made it the occasion of a timely and eloquent charge to the grand juries which came before him. The feelings of animosity, so recently cherished towards the Tories, were deeply rooted in the hearts of the people ; and a disposition was manifested on the part of many to keep up the distinction, chiefly for the sake of appeals to popular feeling in connexion with elections. Judge Grimke did not shrink from what he conceived to be his duty under the circumstances, and gave expression to HISTORY OF THE OLD CIIERAWS. 417 sucli wise counsels, mingled with patriotic sentiments, as tended miieli to qniet the public mind, and convince the re- flecting classes of the error and excess into which many had fallen. The Charge, together with the Presentments of the Grand Jury of Chcraws, was published in the Gazettes of the day. The most interesting chapter in our annals, perhaps, ex- cept the account of the struggle itself, is that of the few years preceding the Revolution, and next, the narrative of the times immediately succeeding. The charge of Judge Grimke was as follows : — " Gentlemen of the Grand Jury : " This being the first time that I have had the honor of addressing the grand jury of this district in my judicial capacity, I must confess I feel myself impressed with an anxious awe, the offspring of diffidence ; and when I reflect upon the respect due to this place, upon the merits and dignified stations of the gentlemen to w horn I am delivering my sentiments, upon the honor conferred on me by the voice of my country, and upon the important trusts com- mitted to my charge, the consciousness of my inexperience to perform the momentous duties of my office rushes in upon my mind, and almost overpowers my senses. But, persuaded of this distinguished mark of my country's favor, of the dignity of the office, and of the importance of its ob- ligations, I perceive myself bound by the indissoluble ties of honor to merit the confidence that has been reposed in me. " I will endeavor to regain those moments which the service of my country employed during the late war, in the military line, and by the most unwearied assiduity, render myself competent to appear in this capacity. It shall be my pride, always to make the law of the State my rule in the administration of justice, and to aim at the most im- partial and punctual, though merciful execution of them. And the contemplation of the present situation of this country, excites an ardor in forming such resolutions, and of carrying them, without delay, into execution. For the war which has for so many years suspended our power of opening the courts, has delayed justice to the good citizens of this State ; and has protected many daring offenders in E E 418 HISTORY OF THE OLD CHERAWS. the outrages they have committed on the public tranquillity^ in their violation of the security of property, and in the repeated insults which they have ofiPered with impunity to our inhabitants. This intermission in the public proceed- ings of courts of judicature, has been of so long a con- tinuance, and the offences committed since the capitulation of Charles-town so seldom punished, that the idea of the penalties affixed to the crimes, has been absorbed by the familiarity and frequency of their occurrence. Our be- wildered minds seemed no longer alarmed at the commission of crimes of the first magnitude ; and carnage, and all the havoc of war let loose upon our unfortunate country, had in some degree hardened the hearts of the most compas- sionate amongst us. But I hope the barbarous mode in which the enemy carried on their war, and which of neces- sity produced several instances of retaliation on our part, has not totally annihilated the merciful dispositions of our nature, and irremediably tempered our minds to violence, cruelty, and oppression. True it is, that men have long exercised a habit of consulting their own bosoms, their own resentments, and their own arms, for a redress of injuries ; but the impolicy and injustice of such appeals are too evi- dent to need a comment thereon. " At that period, indeed, when STich unnatural and alien principles were forced upon us for our creed, and when we were compelled to adopt as the only means of probable salvation (the means which in some instances were used), perhaps we might stand exculpated before God and the nations of the earth. The convulsions of our country, the desolation of our farms, the conflagrations raging through our settlements, and all the ravages of our moveable pro- perty, presented a scene capable of agitating the minds of men who were not even sufferers in so general a calamity. But, when the cruelties of these refined barbarians extended themselves to the families and relatives of our countrymen — when women were upbraided and accused as guilty of a crime for the loyalty of their husbands and sons to our great and just cause — when they were turned out of their hospitable dwellings, deprived of every comfort and con- veniency of life, robbed of their personal clothing, and even HISTORY or THE OLD CHERAWS. 419 of the necessary covering to intercept tlie intemperate ardor of the sunj or the mighty falling dews of an inclement sky, without any refnge or asylum than the wild and desolated plains of their country ; when their cattle, the only resource of sustaicing themselves and infant families, during the exile or captivity of those to whom they looked for succor, were cruelly driven into their barns, and iuhimianly consumed by fire Avith the buildings ; when men, whose age and infirmi- ties alone should have been their protection, and who were rather subjects even of an enemy^s sensibility and com- passion ; I say, when such men, who were but lingering out tlie glimmering remains of a painful life, without the addi- tion of any sharper misery, became the objects of the indignation of an enemy, powerful and in arms, were dragged from their homes, and thrust into the sepulchres of our forefathers ; when our brave citizens, who had become captives by the fortune of war, were not allowed the usual privileges aunexed to this unfortunate condition, but were daily perishing for the absolute want even of the common necessaries to sustain their miserable lives ; when the most repeated and violent infringements of the capitulation of Charles-town were not only practised, but impudently avowed ; when British faith had become as proverbial with us, as that of the ' Carthaginians was amongst her con- temporary nations •/ when even the puerilities of our children could excite the malice of these heroes ; when the disgi'ace and disappointment of the panic-struck Rawdon, flying before the terror of our arms, had instigated them to give a loose to their fury, and to sacrifice^ though not even by their mock forms of justice, by an ignominious execution, a martyr to our glorious cause ;* when their impious hands were nqj; restrained from pillaging the temples of the Almighty; from disturbing the ashes of the dead, who ought to be in peace; or from polluting the sacranaental pales of the Holy Communion, which it is sacrilege to violate ; — then were the banners displayed, which aroused men's souls into action. Then it Avas, that we girded on our swords, and couched our quivering lances. Then it * The noble and devoted Hayne. E E 2 420 HISTORY OF THE OLD CHERAWS. was that we became familiar with the din of arms^ embraced the fatigues of marches and of the camp, and courted the dangers of the field. These were the alarms that roused our drooping spirits, and quickened our hearts with an enthusiastic spirit of opposition. At this moment, to have remained indiflerent or neutral ; to have artfully reasoned from moderate, peaceable times, to times which were not moderate, and could not be peaceable ; or to repose our fears on the soft lap of hope, would have been deceiving ourselves. For no other alternative (so dreadful was our situation) re- mained for us, but to await the assassinating arm of our perfidious foe, or resorting to the conditions of a state of nature, to assert the vindication of our wrongs by our own hands. To have been weak enough, affecting the hypocriti- cal mask of moderation, to have silently and obediently acquiesced under such enormities, would have left it pro- blematical to posterity, whether our early and national character was stamped with cowardice or treachery. But now, the scene is changed ; the ravages of our country and the afflictions of our friends no longer excite the tumultuous passions of the mind. Our foe is fallen, and hath retired with envy and disgrace to the dominions of their tyrants. Our mighty adversary has been compelled to acknowledge our freedom, our sovereignty, and independence ; and we now behold him an humbled solicitor at the throne of the dignity of our State for a return of our commercial favors. Pause, therefore, at this important and critical juncture, and contrast your present situation with that from which you are but just emerged. Behold the olive branch of peace extended wide o^er your towns and fields, and all yovir country reviving under its genial influence. Our citizens can now in tranquillity enjoy the sweet converse of their families and their connexions, and find a peaceable and safe asylum at their own farms. They are no longer alarmed by terror or suspense, but exercise their different vocations without interruption. No longer are their abodes infested by the bloody-minded ruffian, nor our temples turned into a den of thieves ; but benevolence and hospitality mark again our plantations, and respect and piety our places of public worship. HISTORY OF THE OLD CHEUAWS. 421 " Were I, gcutlemcn, to pursue this theme, and enter upon a description of the relative and exalted station you stand on with the other powers of the earth, it is a subjeet yielding so much rapture to the mind of the Americans, 1 fear I should be tempted to deviate from my original design. With Avhat transport should I relate the admiration which our success has created in the minds of the distant nations ! Behold the honor you are held in by them, and with what ardor they gaze upon the new constellation with which you have enriched the political firmament 1 See their glorious contention ; see how they press to your hospitable shores. Look forward to the immense empire, the work of your hands, that you are creating, and hearken to the loud accla- mations of your posterity, re-echoed to you by the azure vault of applauding heaven ! These are prospects that attract as they dazzle our fascinated attention. These are scenes that the intenseness of reflexion can never be wearied with ! These, these are the rewards of your virtue and bravery ! " But I must leave this subject, though with reluctance, and call your attention to an object of more immediate and of very considerable importance. I have described to you the necessity there was of our citizens assuming the reins of justice, and of inflicting punishment upon the unconvicted offender. I have shown you what your situation is at pre- sent compared with a former, and reminded you that peace was once more diffused through our commonwealth. This, then, is a conjuncture in which it is incumbent on us to exert our abilities. Here is room for the heart to conceive, and the understanding to direct. It w^ould be a worse than perfidy united with timidity to desert the state vessel which we have anchored in a safe haven after the perils we have voluntarily endured for her sake, and negligently to suffer her to perish by a fatal indifference to her interests. Should we grow remiss in our duty at this period to the Republic, we sacrifice the dignity of our country, and disgrace will be brought upon us for ever. " The distressed condition of this country calls loudly for the assistance of its indixiduals, and we have it now in our power to prevent a longer delay of justice, and the conse- 422 HISTORY OF THE OLD CHERAWS. quent relaxation of our laws. Therefore it becomes the pointed and indispensable duty of each of our citizens to endeavor to re-establish the harmony and order of our community, and to revive the good discipline of its members. We must resolve, then, to renounce the empire of the pas- sions, to correct that licentiousness which has pervaded the State, to resign ourselves to the calm operations of our judgment, and to embrace the temperate admonitions of our reason. " The distempered emotions which alarmed our breasts, like the threatening meteors of the heavens, shall disappear, and our hearts resume their wonted serenity. But, in a more particular manner does it become you, gentlemen of the grand jury, to second and support the judicial departments in the attainment of this important and desirable end. For you are selected by your country for the rank you hold amongst her citizens, and for the superior understanding attendant on your enlightened stations of life. You officially compose the grand inquest of your district, and are here the representatives and guardians of its inhabitants. It is to you that these, our countrymen, look up for advice to pursue, and for patterns to imitate. AVherefore it lies much in your abilities, as I make no doubt you are excited thereto by your inclinations, to divest them of prejudice, to instil into their minds just and constitutional principles, to hold up examples which may deter them from evil, and to impress them with a proper sense of the duty they owe to their magistrates, and of the implicit obedience they should pay to the laws of their country. Were I to undertake the task of pointing out to you minutely, the respective duties of your office as grand jurors, I should enumerate almost all the civil obligations of society ; but, as I am per- suaded it will be unnecessary for me to detail these exhor- tations to you, I will leave you to your own hearts and consciences ; the best directors, the most irreproachable monitors of mankind. Nevertheless, there is one division of the duties which fall to your lot, which I must request you to consider with me in the most impartial and dispas- sionate manner. Let us not deceive ourselves, and vainly HISTORY OF THE OLD CHERAWS. 423 imagine, because our enemy is fled, that our clangers are over. I fear we have an enemy of a more pernicious ten- dency amongst us, Avliom it will require the most obstinate resolution to overcome. I mean the dominion of the pas- sions, the gratification of our private resentment. It is time, however necessary and politic it was lately to draw a bold and visible line of discrimination between the inhabi- tants of this country, that such a distinction should now be obliterated, Avholly and irrecoverably. The terms of Whig and Tory are no longer useful, and the commotions of our country, which gave rise to and supported these denomina- tions, having subsided, these popular characteristics must of course be sunk also into oblivion. I will contend, that there cannot at this moment exist such characters as Tories amongst us ; for however willing some men, inveterate in folly, might be, even as yet to be considered in that light, the variation of the condition of our State will not any longer justify the appellation. For that person alone, in my idea, may justly be stigmatized with toryism, who basely taking advantage of the subjugation of the govern- ment under which he lived, during the suspension of the laws and the jurisdiction of the criminal and civil courts, who joined the enemies of his country, and revelling in its calamities, being sensible of his security from punishment, exercises a wild and brutal dominion over his fellow-citizens, depriving them illegally of their property, and according to the intemperate dictates of his passions, of their precarious lives. Wherefore, then, since our Government is re-estab- lished, our laws in full force, and offenders presented to you for punishment, should we cherish so idle, so unprofit- able a discrimination ? Is it the quality of a good citizen, or the policy of a wise administration, to render the inha- bitants of their country inimical to their Government ? Surely not ; but if you were industriously to keep up the idea that certain persons amongst you are Tories, what is it but declaring that such men are out of the protection of your laws, and that a citizen would be justified in putting them to death without the ceremonies of a trial ? "Were this the case, in vain have we contended for the sovereignty 424 HISTORY OF THE OLD CHERAWS. of this country, in vain have we attained the independency of our State, for the will of each individual is the sovereignty and independency thereof. " It may be inquired here, and with propriety, what right have we, as individuals, to inflict punishment upon those who have violated the laws, or have injured us in our per- sons or property ? None but a bad citizen would revolt at the idea of appealing to the laws of his country ; they are our protection and redress. And whoever infringes them, be he distinguished by the title of Whig, or stigmatized with that of Tory, can find no refuge from their justice, no escape from the punishment annexed to their offence. Surely there can be no just distinction drawn between those who violate the laws of a country ; but the inhabitants thereof must be subject to their operation equally as to the certain and immutable stroke of death. " To hear the language which has been held forth upon this subject, one would be naturally led to believe that none but Tories could commit crimes, or, at least, that the same actions, if committed by Whigs, are not only pardonable, but commendable. Away with such trivial distinctions, and let us learn again to consider the transgressor of our laws as the only enemy of our State. Let us reflect calmly and deliberately upon the offences of which these persons stand accused. Black as the catalogue is of rapine and murder, I see no offence which did not exist before the commence- ment of the present war. And were men, who were familiarly guilty of these crimes, branded at that period with the appellation of Tories ? W^hat ! were murder and the various offences composing our calendar of felonies, deemed Toryism in that age ? And were criminals punish- able unheard and uncondemned, by the fiat of an individual, barbed, perhaps, with private revenge ? No, gentlemen, however illegal their conduct, however enormous their offences, they still had the benefit of a fair trial. The only reason, the impracticability of making examples of offenders, which could justify the conduct of our citizens during the war, exists no longer. If, therefore, notwithstanding this manifest alteration in our circumstances, there are any who still dare industriously to irritate men^s minds by this dis- HISTORY OF THE OLD CHEEAWS. 425 crimination, I shall class tlicm with those ofFenders, artful knaves, who, despairing of mining our commonwealth by the force of arms, sow the secret and insidious seeds of jealousy and suspicion amongst us. These are the detestable weapons of designing men, whose ambition or avarice is not yet sated. They but make a plea of this cant language to embroil again in civil discord our peaceable citizens, that they, forsooth, may once more reap the harvest of our con- fusion. I cannot take my leave of this subject without re- minding you that many of the persons hitherto designated by the title of Tories, and remaining amongst us, have thrown themselves upon the mercy of their country, and are entitled to the benefit of our laws, " In future, therefore, if any man commits murder, or robs a citizen, or perpetrates any other enormous offence, let him be apprehended, examined before a magistrate, and committed to gaol. Let him take his trial by his compeers, and be condemned by the justice, as well as by the voice of his country. But, if there is any one so lost to his duty as to seek for redress by an extra-judicial vindication of his wrongs, or by any other mode of proceeding more summary than a trial by jury, I will not hesitate to affirm that he is in effect a more dangerous enemy to the constitution of this State than the implacable adversary we have just driven from our shores. But here, then, I must beg leave to assure you that if any citizen has been injured during the late British usurpation over this country, although I will dis- countenance any man's arrogating satisfaction to himself by force of arms, that I will use every encouragement in my power to bring the offender to trial, and cause him to make exemplary compensation for the injury committed. For the pardon, which such men may have received from the Legis* lature, extends only to offences against the Government, and by no means to injuries done to individuals. But, above all, let us recollect our national characteristic of humanity, and preserve it untainted in the bosom of peace. The enemy, because we would not rival or countenance them in their barbarities, during the course of a long and bloody war, have uniformly charged us with a want of spirit. And should we not give them just reason to suppose that the 426 HISTORY OF THE OLD CHERAWS. charge was well grounded, if, as soon as they who pretend to have been a restraint upon our inclinations, have re- treated, we give a loose to the wanton dictates of our passion and revenge ? Let us examine what we owe to ourselves as men of sense and humanity, and what is due to the dig- nity of the State, rather than what such oifenders deserve to suffer from our hands for their manifold misdeeds. '' I have already, gentlemen, taken up so much of your time, that I will not delay you longer than to take a cur- sory view of the duties incumbent on you as a grand jury, and to recapitulate the offences cognizable by you. " You are entitled, according to the uniform and estab- lished custom of this State, to the privilege of first enquiring into the crimes committed within the jurisdiction of this Court. And the oath which has been just administered to you, requires your diligence and activity in investigating the truth of all such matters and things as shall be given you in charge, or shall come to your knowledge, in examining the evidences which are brought against the accused, and in forming a conscientious decision, after mature deliberation, upon the testimony supporting these allegations, or upon the knowledge which you yourselves have respecting the subjects of your inquiry. " It is then prescribed to you to make a true and just report thereof, for your determination (formed privately amongst yourselves, and in which twelve of your number must indispensably concur to give weight and effect to the indictments) is the great spring that sets in motion all the wheels of prosecution. Your reports furnish the Court with subject-matter to proceed on, are the first means of intro- ducing the citizen into a secure situation, and lay the foun- dation of bringing offenders to their merited punishment. But it is not to be understood that you are to make so minute an investigation into such matters as are the proper subjects of your inquiry, as to establish the fact itself. You are to find the bill, though founded only on probable gi'ounds of suspicion, that the accused is guilty. For, notwithstand- ing the Petit Jury cannot exceed the crime laid in your indictment, yet they have the power, nevertheless, of ex- tending it to the least degree of offence that can be in that HISTORY OF THE OLD CHERAWS. 427 kind. Your report, therefore, is an information or declara- tion in favor of the State (founded upon diu. ex parte inquiry against the accused, which precludes the least possible chance of an offender escaping without punishment. And in conformity to that wise maxim which declares, that it is better that ten guilty men should elude the justice of the courts of law, than that one innocent person should suffer unmeritcdly, it is likewise preferable that ten guiltless per- sons should undergo the inconvenience of an examination before you, than that one offender should triumph in his crimes with impunity. Since, therefore, yoii are authorized to examine only the evidences against the prisoner, and that your verdict can neither acquit nor convict, it is not neces- sary that you should find the specific crime of which the prisoner stands accused. For instance, if one has by acci- dent killed a person, it does not lie with you to discriminate the degree of offence. " You are further, gentlemen, obliged by virtue of your oath, to be secret in your councils, and silent upon the rea- sons of your decisions ; unless the Court demand some questions of you. You should not divulge whatever has been debated upon in the course of your business, nor the sentiments which are delivered ; nor make public the per- sons who made use of these arguments, nor the opinions which you yourselves held in discussion of the point in question : for certain it is, that such discovery is accompa- nied by perjury. The remainder of the oath illustrates with what integrity you ought to conduct yourselves in the execu- tion of your duty. '' You must not suffer your minds to be clouded by the passions, but suppress all emanations of prejudice or malice, and give a full and absolute sway to the dictates of reason and justice. You must not omit presenting for punishment offenders against the law, either through partiality, favor, love, reward, or any expectation thereof. " This, I confess, is a very difficult task ; but, notwith- standing the repugnant impulses of our tender nature, be assured that your oath will cause you to make a free inquiry, and to deliver a just account of the result. For it is also enjoined you to present the truth, the whole truth, and 428 HISTORY OF THE OLD CHERAWS. nothing but the truth, according to the best of your skill and knowledge. If, therefore, there is any mental reserva- tion, any concealment of the truth, or any part thereof, any suppression of facts which have come within your own knowledge, you betray the trust which your country has generously committed to your prudence, fidelity, and in- tegrity. " But, at the same time that you are required to present all that you shall learn relative to the subject of your inqui- ries, you shall not report anything but what is true ; that is, no known falsity, no unjust accusation, which might be the occasion of drawing on an innocent person the suspicion of being criminal, and of subjecting him to the reproaches of his fellow- citizens. For it is as much incumbent on you to protect the virtuous, as to accuse and bring to trial the guilty transgressor. *' If, therefore, it appears to you that the evidences are false, or that the charges appear founded in prejudice and malice, you ought to present such notorious offender. The consideration of this part of your duty, is a sufficient com- pensation to the generous and humane, for the disagreeable oflfice imj)osed upon you of pointing out the wicked for the animadversion of the Court, since nothing surely can yield a more substantial gratification to virtuous minds, than the reflection that, besides being naturally possessed of the inclination, the laws of the country have invested them with the power of shielding the weak, unprotected, and honest from the calumnies and unmerited aspersions of the base and flagitious. " The crimes which are cognizable by you are two-fold : the first are capital, for which the offender loses his life ; the second are fineable, to answer which the goods and lands of the guilty are subject, and to the fine is sometimes annexed corporeal punishment. '' It will be suSicient, at present, that I only mention to you in general terms, the denominations of the crimes which comprise many more of an inferior degree. The capital offences are felony; the fineable oSences are those com- mitted against the public justice, against the public peace. HISTORY OF THE OLD CHERAWS. 429 against tlie public profit, against the public health, and also such as introduce nuisances to the damage and destruction of the property of the good citizens of this State. " And now, gentlemen, I take my leave of you, congra- tulating you on the great event, which we have been so instrumental in accomplishing by the succor of divine Pro- vidence. " It is with pleasure we look back upon the difficulties and dangers we have been obliged to undergo in the esta- blishment of our independence, and our perils and labors for the sake of our country, will render it dearer to us. Let us therefore exert ourselves to cherish and preserve that freedom, which has cost us such an expenditure of blood and treasure. Let us emulate those martial efforts of which we now are experiencing the benefits, and endeavor to secure the civil peace, order, and tranquillity of the State. The former have made us a free people ; the latter will render us for ever happy." This charge, in the generous feelings and moral courage exhibited, was highly honorable to the character of the judge ; and though doubtless, with other efforts of the kind, productive of beneficial results, could not allay the deep feelings of animosity and revenge which had taken posses- sion of many of the people, or save society from the unhappy scenes attending the redress of a varied class of wrongs sustained during the war, which the ordinary administration of justice could not possibly reach. Only the lapse of time could extinguish resentment, and the passing away of the actors in other days, bring repose. For more than a gene- ration the evil was sorely felt. The grand jury made the following presentments : — " State of South Carolina. — We, the Grand Jurors for the District of Cheraws, present, as a grievance, the want of a road leading from the Long Bluff Court-house, the most direct way to Camden ; also, another road, leading from the Long Bluff Court-house to Murray^s Ferry on Santee ; like- wise, another road leading from Kolb's Ferry to Raines Bridge on Gum Swamp, to meet a road leading from Cross Creek to that place. 430 HISTORY OF THE OLD CHERAWS. " II. We present^ as a grievance, the want of a bridge over Black Creek, on the road leading from the Long Bluff to George-town. " III. We present, as a grievance, the dangerous naviga- tion of the River Pedee, arising from the great number of logs lodged in the different parts of the same. " IV. We present, as a very great grievance, the want of the laws now in force in this State to be printed, and the magistrates and other officers to be furnished with the same. " V. We return our most hearty thanks to his honor, the judge, for his learned charge delivered to the grand jury, and request that it, together with these, our presentments, be printed in the Gazettes. " George Hicks, Foreman. Morgan Brown. Moses Pearson. Richard Brockington. Thomas Lide. Tristram Thomas. Philip Pledger. John Pledger. Thomas Ellerbe. Aaron Daniel. Joseph Ellison. John Andrews. William Ellerbe. John Westfield. John M'Call." At the following Session of the Legislature, January, 1784, Thomas Powe was appointed Commissioner of Loca- tion for Cheraw District. Under an Act j)assed to regulate the inspection and exportation of tobacco, the growth and produce of this State, and for other purposes, a warehouse or warehouses were ordered to be established at Cheraw Hill ; and Benjamin Hicks, jun., John Westfield, and Wil- liam Pegues appointed inspectors. The presentments of the Grand Jury of Cheraws, the November previous, called the attention of the Legislature to the important subject of making some provision for improving the navigation of the HISTORY OF THE OLD CHERAWS. 431 Pedce. The matter liad been pressed upon it l)eforc^ but no relief yd afforded. In an ordinance passed on the 26th of March of this session, for appointing commissioners to clear put certain streams, the Great Pedee "was included. Ben- jamin Hicks, sen., George Hicks, Thomas Powe, William Kershaw, and William Pegues, were the commissioners ap- pointed under the same for Cheraws District, and empowered to contract for the removal of all obstructions in the Pedee as high up as the North Carolina line ; and for that pur- pose were a\itliorized to draw on the Treasury for any sum of money not exceeding 300/. sterling. Of the action of the commissioners, nothing is known. The same subject, as will be seen, continued to receive the attention of the Legislature ; but, either from the want of adequate appropriations, or the inefficient execution of the work, or other causes perhaps beyond the control of those entrusted with it, the navigation of the river continued to be seriously obstructed until a period long subsequent. By an ordinance passed the following year, for clearing out certain rivers, Benjamin Hicks, sen., George Hicks, Thomas Powe, William Pegues, Captain William M^Cotry, James Grier, Francis Greaves, Colonel John Ervin, Colonel Hugh Giles, Henry Davis, sen., and Archibald Odom, were ap- pointed commissioners for making navigable the Great Pedee from Euhany to the North Carolina line. To defray the expense thereof, they were authorized to assess what fur- ther sum might be requisite on all lands, in proportion to their value, as assessed for the payment of the general tax, situated within six miles of the said river^ from Euhany to the Warhce Bluff, and within ten miles of said river, from the said Bluff upwards ; and on all male inhabitants, from sixteen to fifty years of age, living within six miles of the river, from Euhany to the Warhees, and within ten miles from the Warhees upwards. They were also authorized to make the like assessment afterwards, from time to time, to keep the river navigable. The history of the legislation of the State on this subject, like that of some of its judicial decisions, will be found to have gone through a certain course of changes, returning at last to the plan first adopted, as the courts have done to principles, once established^ then 432 HISTORY OF THE OLD CHERAWS. modified, and finally made tlie settled rule of law. Com- missioners were first appointed to improve the navigation of the river, then a board of public works, than a general superintendent, and at length, after the failure of these plans to a great extent, commissioners, as at the beginning, the system of all others that has proved most efiiective. At an election for the Legislature, held on the 29th and 30th of November, 1784, William Dewitt was returned Senator, and Morgan Brown, Elias Du Bose, Colonel Lemuel Ben- ton, William Pegues, Thomas Povve, and Calvin Spencer, Representatives for St. David^s Parish. One of the seats having been subsequently vacated, Tristram Thomas was elected a member for the session of the following year. The Legislature met on the 20th of January. On the 29th of that month, Captain Dewitt, who was sheriff of Cheraws at the time of his election, appeared, and ha^dng taken the oath, informed the House of the fact ; upon which, it was resolved, that, agreeably to the constitution, he was not qualified to take his seat. Having returned home, and re- signed the ofiice of .sheriff, he was re-elected, and took his seat in March. Allen Chapman was elected Sheriff, and George Hicks, Robert Lide, and William Thomas, Commis- sioners of Caveats for Cheraw District. The Session of 1785 was rendered memorable by the passage of the celebrated County Court Act. As the population of the country extended, the Circuit Court system, established in 1769, was found inadequate to the due and equal administration of justice. To remedy this evil, it was proposed to establish Courts of Inferior Jurisdic- tion, after the model of the County Court system of Virginia and North Carolina. Mr. Justice Pendleton, one of the Associate Judges, and an active member of the House of Representatives (for these offices were not then incompatible) was the able advocate of this scheme. By his influence and strenuous exertions, it was adopted."^ By this Act, it was provided '^ that the District of Cheraws should be divided into three counties, that is to. say, — one county lying and being on the south-east side of * Introduction to Brevard's " Digest," p. xvi. HISTORY OF THE OLD CIIERAWS. 433 Pedee River, bounding on the said river on the one side, the district line of George-town on the other side, and on the other side, the North Carolina boundary, and shall be called and known by the name of Marlborough County ; one other county, beginning at the mouth of Cedar Creek, on Pedee River, thence up to the head of the southernmost branch of the said creek, and thence by direct line to the fork of Lynchers Creek, being the upper county of the said northern division of the District, and shall be called by the name of Chesterfield ; one other county, beginning at the mouth of Cedar Creek, thence down Pedee to the District line, thence along the said line to Lynchers Creek, thence up the same to the fork, being the lower county of the said division, and shall be called Darlington County/' By the 11 sec. of the Act, the Justices of the said counties .were empowered to build Court Houses, &c., to cause taxes to be laid for the erection of public buildings, and to select for the same the most con- venient part of each county. The County Courts, thus established, were to be held once in every three months, by the justices of the peace of the several counties respec- tively ; and their jurisdiction extended to the hearing and determination of all causes at common law^ to any amount where the debt was liquidated by bond or note of hand, or where the damages in certain actions did not exceed fifty pounds, and in other personal actions where the damages did not exceed twenty pounds, or where the titles of land did not come in question. In criminal cases their jurisdic- tion was extremely limited. The modes of proceeding were prescribed, the forms of process, and the manner of trial. The right of appeal to the superior, or Circuit Courts was provided."^ On the 21st of March, the joint committee of the Senate and House, appointed for that purpose, reported a list of justices for the several counties. For Marlborough, Claudius Pegues, sen., Geo. Hicks, Morgan Brown, Tristram Thomas, Claudius Pegues, jun., Moses Pearson, and Thomas Evans. For Chesterfield County, Thomas Powe, William Pegues, Benjamin Jackson, William Strother, Calvin Spencer, Joseph Pledger, and Charles Evans. * Introduction to Brevard's " Digest," p. xvi. F p 434 HISTORY OF THE OLD CHERAWS. YoY Darlington County^ "William Dewitt, Lemuel Benton, Zacliariah Nettles, James P. Wilson, Elias Du Bose^ Robert Lide, and Cliarles Dewitt. The office of justice, under this Act, was one of high trust, and much importance. Men of experience and j)Osi- tion were selected. The school of the Bevolution had brought out conspicuously not a few citizens of solid judg- ment and unblemished integrity on the Pedee. At no period since, perhaps, in proportion to the population, have as many such characters been known. For the Court House of Marlborough, a location was first made near Gardner^s Bluff, the most of the settlements being then on the river, or in the region adjacent. After- wards, it was removed lower down, to the site of the old Court House, as it has since been known, on the main river road, above Crooked Creek ; and there continued until the extreme unhealthiness of that locality rendered a change necessary, the population also having extended out from the river into the pine lands ; and the present country seat, Bennettsville, was selected. Por Chesterfield, the site of the present Court House was chosen. For Darlington, there was some difficulty in effecting an agreement among the justices. Col. Benton made strenuous efforts to have the location fixed at Mechanics ville. Elias DuBose, an in- fluential justice, was as anxious to have Coffee Town, a point on Swift Creek, six miles above the present Court House, selected. As a compromise, the present site, nearly midway between the other two, was chosen. So sparse were the settlements in that neighbourhood, that only a few years before, nothing but an old Indiau trail led from that point to Camden. The Courts for Marlborough were to be holden on the 1st Mondays in March, June, September, and Decem- ber. For Chesterfield, on the 2nd Mondays of the same months ; and for Darlington, on the 3rd Tuesdays in January, April, July, and October. Such records of the County Courts as have been pre- served, exhibit but little matter of interest. The country was sorely embarrassed with debt, and suits were numerous. There were many prosecutions in the County Courts, par- ticularly for cow stealing, which appears at that period to HISTORY OF THE OLD CHERAWS. 435 have been the most frequent crime. The only presentment Avhich has been found, was one made in Chesterfield, March 13, 1787; and the only subject matter of it, certain per- sons therein named, as having been guilty of offences against the public morals. The grand jury on this occa- sion, so far as the names appear on the records, consisted of the following persons : — Thomas Ellerbe, Foreman. Wm. Lyons. Ephraim Home. Abraham Cook. John Evans. Thomas Leonard. Benjamin Outlaw. JasoQ Meadow. Joel Yarborough. Joseph Booth. Joseph Powell. John Blakeney. Moses Mollis. John Carter. Many of the records of Chesterfield County remain in a good state of preservation. But few are to be found in the public offices of Marlborough, and unfortunately for the history of justice as administered in Cheraws District, all the Circuit Court records, with those of Darlington County, were destroyed by the burning of the Court House about 1804.* The fire occurred during Court week, and an old woman, who was party to a cause then pending, and whose interest it was to get rid of the records of the Court, was suspected of having been privy to the burning. Beyond this suspicion, however, no clue was ever discovered as to the origin of the conflagration. * A strong wind blew in the direction of the gaol, carrying a burning shingle to the roof and setting it in a blaze. The late John D. VVitherspoon, of Society Hill (who related the circumstances to the Author), was present, and being then a young man, and of great activity and decision, rendered very efficient service on the occasion. There being no ladder at hand, he ascended by a smooth pole to the roof of the gaol, and saved it, with the prisoners in it, from destruction. The loss of documentary matter, connected with the history of the Pedce, was irreparable. F F 2 436 HISTOEY OF THE OLD CHERAWS. The Circuit Court for Cheraws District continued to sit at Long Bluff. Tlie lawyers whose names appear in the records of this period at the Cheraws Bar, were Elihu Hall Bay, Joseph Brevard, Thomas Waties, and Thomas Parker ; a few years later those of William Falconer and John Dibble are frequently mentioned, and John Caulkins. By the close of the century a number of others were added to the list. In 1785 there was no resident lawyer within the bounds of Cheraw District. The three counties are supposed to have been named, respectively, in honor of the Duke of Marlborough, the Earl of Chesterfield, and Col. Darlington, who distinguished himself in the war of the Revolution.^ By the County Court Act, that portion of the Judicial District of George- town, now constituting Marion District, was formed into a county under the name of Liberty Precinct, and the site of the present Court House selected. The name was most appropriately given, as in that region, under Marion, the struggle for liberty on the Pedee was chiefly waged. About this time the name of Greenville appears for the first in the records of the day instead of Long Bluff as before. It was so called in honor of Gen. Green, to whom South Carolina was largely indebted for the successful issue of the struggle which secured her independence. The St. David^s Society, which had been suspended during the latter years of the war, was now revived, and immediately took rank among the most distinguished schools of learning in the State. From its walls, in subsequent years, went forth those who were to fill the highest j)ositions of usefulness and dis- tinction in Carolina. The following notice appeared in the South Carolina Gazette and Public Advertiser of Aug. 13, 1785 : — " The St. David's Society met on the 23rd ultimo, at Greenville, in the District of Cheraw, and chose the follow- ing gentlemen as officers for the year then commencing : — James P. Wilson, Esq., President; William Dewitt, Esq., Vice-President ; Thomas Powe, Esq., Treasurer ; and Evan- * Mill's " Statistics of So. Ca.," p. 512. HISTORY OF THE OLD CHERAWS. 437 der M'lver^ Secretary. They also appoiutcd the following gentlemen a committee to superintend the erection of suit- able buildings^ engage tutors, &c. Thomas Powe and Wil- liam Dewitt, Esqrs., Rev. Edmund Botsford, Mr. Abel Edwards, and Mr. Evandcr M'lver. This laudable society, formed for the benevolent purpose of erecting an academy, was instituted in the year 1778 ; but, owing to the calamities of the late war, had been entirely neglected. However, we hope, from its happy revival, and the very liberal subscrip- tions already made, that it Avill soon flourish, and that their intended plans may be prosecuted aud carried into effect." In the following year William Pegues, Esq., was elected President, Samuel Wilds, Treasurer, and Enoch Evans, senr., Secretary ; which offices the two latter continued to hold for years afterwards. Andrew INI'^Culley took charge of the academy in the early part of 1 786, and taught until October of the follow- ing year. Of Mr. M'CuUey nothing more is known than that he appears to have discharged his duties to the satis- faction of the society. He was succeeded for a short time by Ezekiel Hitchcock, who had probably been his assistant. Eli King was Principal for three years, beginning with 1788. He was from New England, and a friend of Thomas Park, who succeeded him in 1791. Samuel Wilds assisted Mr. King in 1788, and was afterwards, for a time, the Prin- cipal. Mr. King, after giving up the school, embarked in mercantile pursuits. Thomas Park had charge of St. David's from 1791 to 1800. About that time he engaged with Mr. King in business. Better fitted, howevei-, for teaching than merchandizing, their enterprise proved a failure. Mr. Park then took charge of the academy at Ebenezer, in the lower part of Darlington, and w^as transferred from that position, upon the organization of the South Carolina College, to the Professorship of Languages, having been elected in November, 1806. There he continued in the uninterrupted discharge of duty until 1831-5. He was then elected Treasurer and Librarian of the College, and faithfully dis- charged the duties of these offices until his death in 1844, in the 79th year of his age. Mr. Park was a native of Uxbridge, ]\Iassachusetts, and graduated at Brown Univer- 438 HISTORY OF THE OLD CHEEAWS. sity, Providence, R.I., in 1791. In the latter part of that year he came to the Pedee. Without experience as a teacher, but with a well-trained mind, correct scholarship, particularly in the ancient classics, and a conscientious devotion to duty never surpassed, he entered at once upon that highly useful and most successful career as a teacher of youth, which was only to terminate with his declining strength more than forty years afterwards. With neither genius nor learning, few men did more than Thomas Park for the education of the youth of Carolina, and no one ever retired from a position so difficult to fill, whether in the academy or the college, with a larger share of the confi- dence and affection of those with whom he had been con- nected. A just and beautiful tribute has been paid to his character and services by Professor Laborde in his History of the South Carolina College. It was a tribute richly deserved, and touchingly rendered by the writer of that work. Mr. Park was succeeded in St. David's by the Pev. Frame Wood, who continued in charge until 1804. He was fol- lowed by Enoch Hanford in 1804-5, and the latter by Elias Jones in 1806-7. After the re%dval of St. David's, in 1785, it continued to flourish. Public examinations were held annually, and com- mittees appointed to act on such occasions. The exhibitions of the pupils excited much interest in the country around for a considerable distance, and were numerously attended. The records of its early history would serve as a model for many of the academies of more recent times, which, though more pretentious, are not so thoroughly conducted as was this noted school of old. In 1795, an Act was passed by the Legislature, providing that all the confiscated property to which the State was then entitled in the Circuit Court District of Cheraws, as also all the property already escheated, or which might there- after escheat, should be invested in the incorporated society of St. David's. • Death had already made sad havoc among the members of the society. Between the years 1780 and 1788, the fol- lowing, as entered on the records, had died, viz. : — General Alexander M'Intosh, Colonel Thomas Lide, Abel Wilds, HISTORY OF THE OLD CHERAWS. 439 William Terrell^ Thomas Evans^ sen., Joslma Edwards, Colouel Abel Kolb, Thomas James, Captain Pliilip Pledger, Richard Hodge, Charles Mason, Joshua Terrell, Captain Edward Jones, Philip Singleton, William Blassingame, llev. John Conner, Adam Cusack, Hugh Jones, Benjamin William- son, Captain Edmund Irby, Charles Irby, Captain George King, Captain Simon Council, and John Thompson. The following members were dismissed from the soeiety at their own request, for the most part, doubtless, because of the distance at which they lived, rendei'ing it incon- venient to attend the meetings: — May 3rd, 1787 — Benjamin Rogers, Colonel George Hicks, Colonel Lemuel Benton, Captain William Pcgues ; May 1st, 1788 — Major Robert Lide, Captain Thomas Ellerbe, William Ellerbe, Captain Benjamin Hicks, Josiah Evans; May 6th, 1790 — Alexander Craig, David Roach, Jesse Wilds ; June 18th, 1791— William Thomas; August 6th, 1792— Rev. Evan Pixgh, and Major John Kimbrough. The following were members after 1788 : — Daniel Sparks, Rev. Elhanan Winchester, William Dewitt, Rev. Evan Pugh, Nathanael Saunders, John Hodge, Abel Edwards, Thomas Powe, John CNeal, William Thomas, Jeremiah Brown, John Kimbrough, Peter Allston, Charles Gee, Claudius Pegues, James Blassingame, John M'Call, David Roach, Jethro Moore, Alexander Craig, Robert Gibson, Moses Pearson, Rev. Edmund Botsford, Morgan Brown, Evander M'lver, James P. Wilson, Maurice IMurphy, Peter Kolb, Benjamin James, Tristram Thomas, Jesse Wilds, Benjamin Kolb, Thomas Evans, Enoch Evans, sen., Enoch Evans, juu., Samuel AYilds, Edward Duke, Henry Clark, aud William Falconer. The cause of religion partook largely of the general de- pression caused by the troubled state of things during the Revolution. After the resignation of j\Ir, Winchester, in September, 1779, the Rev. Edmund Botsford took charge of the Welch Neck Church. Mr. Botsford was very highly esteemed. He remained until the 1st June, 1780, when, upon the threatened approach of the British troops, he went to Virginia; returning to Pedee, however, in 1782. During his absence, the church was supplied a part of the time by 440 HISTORY OF THE OLD CHERAWS. the Eev. Joshua Lewis^ an excellent man^ who long con- tinued his faithful labors in this region. It is mentioned in the records of the church, that of the 220 white members left by Mr. Winchester in September, 1779, only 48 re- mained in March, 1793, showing the sad havoc of death, and the unhappy results of a protracted war. In 1798, the inhabitants on the river very generally gave up their plantations as residences, and retired to the hills in the neighbourhood of the present village. About the same time, a movement was made to abandon the spot which had been consecrated as a place of religious worship for nearly three quarters of a century, and erect a suitable building on Society Hill. Before the close of the century it was probably done. The records of the church, for a few years following 1798, Avere lost or destroyed, and no account remains of the com- pletion of this design. The first building erected after the removal was near the St. David^s Academy, and remained for almost half a century. The more imposing structure of the present day is upon a spot very near the original site. Sad are the changes which time brings with it. The signs of progress are linked with the memorials of decay. The associations of the past it is well to cherish — and let the earlier days of the old Welch Neck never be forgotten. Shortly before, and soon after the Revolution, some valuable accessions were made to the population of Cheraw District. The Eev. Timothy Dargan settled on Jeffrey^s Creek, in charge of a church there, prior to the year 1780.* He was a native of Virginia, but came to South Carolina in his youth, and in the early part of his life bore a commission in the Provincial troops, which were raised for the defence of the Province during the French and Indian wars. He re- mained on Jefii-ey's Creek until his death, in 1783. He was the grandfather of the late Chancellor Dargan, of Dar- lington. Colonel John Smith settled in Darlington District after * Wood Furman's " History of the Charleston Association," p. 78. HISTORY OF THE OLD CHERAWS. 441 the war. He was a native of INIarylandj and served during the Eevohition in the Maryland line. He distinguished himself in the battles of Monmouth and Hobkirk's Hill, and in the disastrous conflict at Camden, where he was taken prisoner with De Kalb. When General Washington accepted the command of the army, in 1798, during the im- pending difficulties with France, Mr. Smith received the appointment of colonel, which he accepted at the earnest solicitation of the commander in chief.* Colonel Smith filled several offices of honor and trust "in Darlington, and was highly respected to the close of his life. He left no descendants bearing his name. Andrew and Ralph, two brothers, followed him to Pedee. Colonel Andrew Smith also served in the ISIaryland line. He was a prominent merchant in the early history of the town of Cheraw, and died there. Ralph Smith settled and died in Marion. Captain Campbell, who had been an officer in the British service, settled in Marlborough, and continued to reside there until his death. The family became prominently con- nected with this region. His sons, Robert and John, who were gentlemen of amiable traits and large popularity, be- came distinguished, having both been members of Congress from the Pedee District. Gavin Witherspoon removed, after the war, to Darling- ton. He was a true soldier of the Revolution, having served under ^Marion. Many incidents are related of his prowess. The late John D. Witherspoon, so well known in Darlington, was his son. The name of William Falconer, afterwards so distin- guished on the Pedee, appears about this period. He was a native of Scotland, and educated in or ■ near Glasgow. ]Mr. Falconer came first to Charles-town, as amanuensis for a Scotchman, Dr. Black, a man of some literary attainment, but blind. In 1785, William Falconer advertised in the Charles-town papers as writing master, not, as it would be now-a-days, a professor of penmanship. His aspiring genius, not content with such a position, soon looked in another dii'cctiou, and in 1787 his name appears as an attorney in * Mill's " Statistics of So. Ca.," p. 517. 442 HISTORY OF THE OLD CHERAWS. the records of Cheraw District. He settled first at Long Bluffy and soon afterwards married a daughter of Thomas Powe, selecting a home four miles above Society Hill, in Chesterfield, where he continued to reside. Mr. Falconer became a prominent member of St. David^s Society, and the leader of the Bar on Pedee. » His career as a lawyer and public man was one of marked success, as will appear hereafter. Major Drury Robertson came to Marlborough after the war, and was prominent there for many years, taking a leading part in the affairs of that district. He was a ma- ternal grandfather of the late Colonel William T. Ellerbe, of Marlborough. The name of Alexr. Craig appears in the records of Ches- terfield during the Revolution. His brother, John Craig, then quite young, was long after known as a worthy man and useful citizen, having been connected for many years with the Court of Common Pleas, and Ordinary for that district. He married a Miss Chapman, and reared a large family, the most of whom, or their descendants, yet reside in Chesterfield. Allen and John Chapman emigrated shortly after the Revolution, from Westmoreland, Virginia, to Chesterfield, The former was a trooper in the Virginia line during the war. He settled first in the lower part of the district, and afterwards moved a few miles above Cheraw, where he lived and died. His first wife was a daughter of Thomas Powe. He afterwards married Eleanor, a daughter of Captain William Dewitt, and reared a large family, as did his brother John. They were useful and respected citizens. Baron de Poelnittz, moved by the spirit of his distin- guished countrymen, Kosciusco, Pulaski, and others, came fi'om Poland, to join the American standard in the cause of freedom. He made a large purchase of land on the Pedee,^ and soon after the war, settled on the east side of the * The nut-grass, now so formidable an enemy of many of the planters in this region, is said to have been first brought by William Allston, to the place which Earon de Poelnittz afterwards purchased. The firstEnglish settlers brought the hawthorn with them for hedges. Some remains of it are yet to be seen in certain localities on the river. HISTORY OF THE OLD CHE RAWS. 443 river, in .tlie lower part of Marlborough. He came up the river, witli his effects, in a boat from George-town. The baron had three sons — 'Charles, Alexander, and John. The first died early. His only daughter, Elizabeth, is said to have been a very beautiful and accomplished lady. She married, first Charles Stuart, then Colonel Thomas Evans, and finally became the wife of Robeson Carlos. Mr. Carlos emigrated from Virginia to Pedee about 1790, and was a prominent and useful man. Baron de Poelnittz died about the close of the century. None of his descendants, who bear the name, remain on the Pedee. William Harllee, the first of the name who came to Carolina, was, in early life, a captain in the British navy. He took an active part in the rebellion of the Stuarts in 1745, and was forced to emigrate to America. He settled in Richmond County, North Carolina, near the State line. His son Thomas came to Marion about the close of the century, and was the father of the late Colonel David S. Harllee, of Cheraw, and other members of the family, who have been prominent citizens of Marion. Soon after 1790, Adam Marshall settled at Long Bluff. He had previously taught school on Poke Swamp, in Marion. He married, in May, 1791, Mary, a daughter of Captain James Gregg. Mr. Marshall entered upon a successful career as a merchant, and amassed a large fortune. He died in Charles-town, where he had gone on a visit of business. John Punch, in 1 793, and Drs. Oliver Hawes and Miles King, were soon after added to this community. Dr. Hawes came from Wrenthara, Massachusetts, and married Mary Lee, of George-town. He secured an extensive practice, and was esteemed for all those virtues which adorn the life of the man and citizen. A Federalist by early sympathy, he took an active part in the political excitements which followed this period. Dr. Hawes was for years President of the St. David's Society. His useful life was brought to a close in 1821. After the war, George and William Strother settled near Cheraw Hill. They were sons of Charles Strother, Avho emigrated; at an early period, from Virginia to Charleston, 444 HISTORY OF THE OLD CHERAWS. where lie continued to reside, thougli interested in, and giving some assistance to, St, David^s Parish. During the Revolution, George Strother was an officer in Capt. Thomas Ellerbe^s company. Soon after, he married a daughter of Captain Ellerbe. Mrs. Strother survived her husband many years. William, the other brother, after residing some time in Charles- town, moved to Cheraw, and married a third wife, Lucy Hicks, who survived him. She afterwards went, with her children, to Alabama. HISTORY OF THE OLD CHERAWS. 445 CHAPTER XVIII. Senators and representatives elected for St. David's — Justices appointed for the three counties — Other elections — Ordinance for opening navigation of Lynche's and Black Creeks — Commissioners for same — Results of these efforts — Numher in Pedee and Cheraw Regiments — Delegates from St. David's to Convention in Charles-town to ratify Federal Constitution— Vote of St. David's — Petition to Legislature from Cheraws for a circulating medium — Senator and representatives elected for St. David's, October, 1788 — Petition from Cheraws for light troop of horse — Proceedings thereon — Officers of same — Delegates from St. David's to Convention for fi-aming new State Constitution — Elections, and justices appointed, for Cheraws District — Senators and representatives elected — County Court system re-modelled — County Court Judges appointed, and Justices of Peace — Act for opening navigation of the Pedee, and Lynche's and Black Creeks — Commissioners f»r same — Exhibition of St. David's Academy — Death of Dr. James P. Wilson — Equity circuits established — That for Cheraws — Population of Cheraws District — Representatives elected for the three counties — Petition as to the paper medium, and action thereon — County Judges elected, and other officers ■ — Colonel Benton in Congress — Tristram Thomas elected brigadier-general — Colonel Benton resigns in consequence — Inhabitants of Cheraws meet about Jay's Treaty — Great freshets in Pedee — Embankments on the river — Representatives elected — Petition for navigation of Lowder's Lake — Commissioners — Results — Regiments of Cheraw Brigade — Petition as to inspectors of beef, &c., at George-town, and result — County Judges elected — Pftition for canal fi-om Roger's Lake to Pedee, and result — Petition of Robert Ellison — Elections for Cheraws District — Legislative canvass in Darlington — Elections for Legislature — William Falconer — County Courts abolished — Circuit Courts established— Officers elected for the three districts — Dividing line between Chesterfield and Darlington — Canvass for Legislature in Darlington — Samuel Wilds — Elections for Legislature — Chesterfield regimental return — Cheraw Brigade — Colonel Spencer — Account of, and anecdote — Town of Cheraw — History of — Name of Chatham dropped — Its later history — Population of Cheraws District — Citizens commemorate death of Washington — Account of Mr. Pugh — Cheraws District passes away — William Falconer, notice of, letter to Alexander Craig, and death. Amid the blessings of peace and returning prosperity^ the country was henceforth to progress, and a settled course of legislative administration to be adopted. The preceding- forms of government having been of a temporary character^, important constitutional changes were to be made. In November, 1786, William Thomas was elected Senator; and Calvin Spencer, Robert- Baxter, INIorgan Brown, Andrew Hunter, Lemuel Benton, and William Strothcr, Representa- tives for St. David's. Mr. Thomas was opposed for the 446 HISTORY OF THE OLD CHERAWS. Senate by Dr. James P. Wilson. With the exception of Morgan Brown, the members elect took their seats in January following. In March, the following justices were appointed, Adz. : — for Marlborough, Hon. William Thomas, Colonel Thomas Lide, William Easterling, and Samuel Brown ; for Chesterfield, Thomas Ellerbe, Samuel Taylor, Robert Lowry, and David Perkins ; for Darlington, John M'Call, Robert Brounfield, Albert Fort, Robert Allison, and Enoch Evans. Some of the justices, formerly appointed, retained their positions. At this session, Benjamin Rogers was elected Sheriff for Cheraws District, and Lemuel Ben- ton, Escheator. A petition was presented to the House from sundry inhabitants in the Counties of Marlborough and Chesterfield, for the establishment of a ferry between Long Bluff and Cheraw Hill. An ordinance was passed, March 27, for opening the navigation of Lynchers and Black Creeks. For the former, James Marshall, John Dick, Elias Du Bose, Roger Wilson, Daniel Du Bose, John Smith, Zachariah Nettles, Robert Ellison, John Day, Josiah Cookfield, Lewis Harall, James Brown, Avistin Stone, John James, John Piggott, Robert Carter, James Snow, and W'illiam Goddard, were appointed Commissioners. For Black Creek, Henry Cannon, John Peoples, James William- son, Michael Russell, William M'Muldrough, Andrew Hunter, Albert Fort, John Powell, William Williams, John King, and Edward Cooper. In the absence of better facilities for transportation, especially in the case of the inhabitants residing on Lynchers Creek, the navigation of these streams, it was supposed, would be a great public benefit. No important advantages, however, were obtained. This and other efibrts in the same direction, show, at least, that the work of internal improvements was not neglected. According to the general return of the militia of the State, as reviewed in 1787 and 1788, of the brigade, em- bracing Berkeley and Craven Counties, the Pedee Regiment, Colonel John Baxter, numbered 1000, and the Cheraw Re- giment, Colonel Lemuel Benton, the same. At the session of the Legislature, January, 1788, the same members appeared as the year previous for St. David's. The most important subject brought up for consideration at HISTORY OF THE OLD CHERAWS. 447 this session was the ratification of the Federal Constitution^ adopted in SciJtember of the previous year by a convention of delegates assembled in Philadelphia for that purpose. It was resolved^ that elections should be held in April, for delegates (to consist of a number equal to that of the senators and representatives from the several districts and parishes respectively) , to meet in Charles-town the following May. For St. David's Parish, the following gentlemen were elected delegates to this convention, viz. : — Colonel Lemuel Benton, Major Tristram Thomas, Captain William Dewitt, Captain Calvin Spencer, Captain S. Taylor, Doctor R. Brownfield, and Benjamin Hicks, jun.* The Legislature adjom-ned on the 29th of February, to meet in Charles-town 7th of October. The delegates met in convention the 12th of May. On a motion for the ratification of the Federal Constitution, it was carried by a vote of 149 to 73 — the delegates from St. David's voting in the afiBrmative. Major Thomas was absent. On a motion made by Mr. Justice Burke, and seconded by Major Snipes, to restrict the re-eligibility of the president of the United States after the first term, the vote of St. David's was in the negative. At the meeting of the Legislature in October, Major Thomas presented a petition, signed by John Pledger, Wil- liam Standard, and many others, in these words, viz. : — '' The petition of the inhabitants of Cheraws District, humbly sheweth, that your petitioners labour under many and great grievances, for the want of a circulating medium to enable us to discharge our debts ; for the want of which, many of our fellow-citizens have had their property seized and sold at sheriff's sale, not to the amount of one-tenth of its value, and many others are expecting the same fate. We, your petitioners, therefore humbly pray, that your honora- ble body will take our distresses into your serious consider- ation, and pass a law, that the creditor shall take the * The election was held for St. David's on the 10th April, at Kimhrough's Mill, afterwaidij known as Gilxson's Mill, on tlie road from Society Hill to Georo'e- town ; on 11th April at Chesterfield, C.H. ; on the 12th at Marlborough, CJl. William Pegues, Lemuel Benton, and Tristram Thomas were the mauacers appointed to conduct the election at the several places named. 448 HISTORY OF THE OLD CHERAWS. property of his debtor at its value ; or strike a circulating medium, and exchange it for indents, and that the medium shall be received by sheriffs at their sales ; or that you will grant us such other relief, as to you, in your wisdom, shall seem meet, &c/^ The Act which had been passed in 1785, to establish a medium of circulation by way of loans, afforded only tem- porary advantages. It caused the ruin of many, and the public suffered seriously in the end * Hence the petition of the inhabitants of Cheraws. At the November election, 1788, for St. David^s, Morgan Brown was returned Senator ; and Robert Ellison, Charles Evans, Thomas Evans, Robert Brownfield, Drury Robert- son, and Henry Cannon, Representatives. The Legislature met in January, and continued to sit about three months. During the session, a petition was presented to the Governor from several of the inhabitants of Cheraws District, setting forth, '' that the good citizens in these extreme parts of the State are much exposed to the depredations of horse-thieves, and other violaters of the laws, which are thereby rendered less vigorous, and are more contemned than is consistent with the welfare and safety of those who Hve under their protection. That infantry, of whom the militia is com- posed, have, from the tardiness of their motions, been found by the experience of many years, insufficient to apprehend and bring to justice many depredators, who therefore act almost at discretion, with impunity; that there are several instances of notorious offenders, after search warrants and other precepts have been issued against them, exulting, nevertheless, in their crimes, and openly threatening the murder and destruction of peaceable citizens ; who yet, for want of a force sufficient to apprehend them, elude the punishment which, in such cases, the law provides. That your petitioners humbly conceive, that an independent, volunteer troop of horse, composed of the inhabitants, pro- perly accoutred, subject to the command of their own officers, and commissioned by the Commander-in-Chief, would contribute much to remove, if not entirely to pre- * latroduction to Brevard's " Digest," p. HISTORY OF THE OLD CHERAWS. 449 vent, the aforesaid grievances, and others of the like nature. That several of the principal inhabitants have agreed to form themselves into such a troop, to consist of a captain, two lieutenants, a cornet, and forty privates ; and have elected Samuel Taylor, captain, to command them ; and have also agreed, that from and immediately after their officers shall have been commissioned, as aforesaid, they will, with all pos- sible despatch, co-operate with and assist within their own district, each and every oflBcer of this State in the legal discharge of his or their duty, when thereunto required. Wherefore, your petitioners humbly pray your Excellency to establish the said troop of horse, by the name of the Chatham Light Horse ; to commission the aforesaid Samuel Taylor, captain; Holden Wade, 1st lieutenant; Benjamin Hicks, sen., 2nd lieutenant ; and Thomas Godfrey, cornet, to command the same, &c.^^ Signed by Thomas Powe Leml. Cox Jepson Samuel Taylor Nathan Leavens worth Holden Wade Benjamin Rogers, jun. Benjamin Hicks Alexander Powe Thomas Godfrey William Powe W^illiam Pegues George Hicks Allen Chapman Claudius Pegues, sen. William Falconer Claudius Pegues, jun. Frederick Fort - Duncan M'Rae Erasmus Powe Thomas Ellerbe Benjamin Hicks, jun. W^illiam Ellerbe. Alexander Craig Whereupon, the Governor, Thomas Pinckney, made the following communication to the Upper House : — " Mr. President, and Honorable Gentlemen of the " Senate. " Honorable Gentlemen : " As it does not appear to me that the Executive is vested by the existing militia law, with power to grant the prayer of the petition, which accompanies this communication, and as I think the establishment desired would be beneficial, I Q G 450 HISTORY OF THE OLD CHERAWS. have referred the matter to the determination of the Legis- lature. " Thomas Pinckney. « Cbarles-town, I7th Jany., 1789." The foregoing was referred to a committee, consisting of Mr. Brown, Mr. Walker, and Colonel Hampton ; and in the House, to a committee, consisting of Mr. Justice Grimke, Mr. Waties, Dr. Irvine, with the members for St. David^s. Favorable action was taken, and the troop organized, much, doubtless, to the relief of the good citizens of Pedee, and the increase of the military ardor of the people. Another matter, aflFecting the interests of some of the in- habitants of Cheraws, as well as the public at large, came before the Legislature, under a petition, setting forth, '' that a tobacco inspection, on the north-east side of the Pedee Eiver, about ten miles above Clieraw Hill, at the head of navigation, would be a considerable advantage to the State, there being a large quantity of tobacco made on that side of the river ; and the inconveniency of crossing to the Cheraw Hill, occasions it to be carried to Cross Creek. We, therefore, recommend Paiker's Ferry as a convenient place, and William Pegues, Thomas Powe, and Claudius Pegiies, jun., Esqrs., for commissioners ; and as the proprietor will build warehouses, and furnish scales and weights at his own expense, we hope that your honorable body will establish it there, &c.'' Signed by Thomas Powe George Hicks William Pegues Tristram Thomas Allen Chapman Samuel Taylor Claudius Pegues, sen. Lemuel Benton Claudius Pegues, jun. William Thomas. Tlie committee reported favorably, and an Act was passed accordingly. At this session, the important subject of a new State Constitution was agitated, resulting in the determination of the Legislature that an election should be holden on the 26th and 27th of October ensuing, for delegates to a convention, to meet in Columbia, on the 2nd Monday in May, 1790, to consider the matter of the said Constitu- HISTORY OF THE OLD CHERAWS. 451 tion. For St. David's Parish, Calvin Spencer, Benjamin Hicks, Lemuel Benton, Robert Ellison, Charles Evans, Morgan Brown, and llcv. Evan Pugh were duly elected delegates. At the session of 1789, Lemuel Benton was elected Sheriff for Cheraws District, and Benjamin Ilicks, Clerk of the Court of Common Pleas. And the following Justices, viz. : — for Marlborough, Drury Robertson ; for Ches- terfield, Duncan M'Rae and John Brown ; for Darlington, Alexander Mcintosh and Absolom Sauls. Robert Baxter, one of the Representatives from St. David's, died during the session. At a meeting of the Legislature, Jan. 1790, Henry Cannon and Charles Evans appear to have been the only members present from St. David's. On the 20th of Jan. the following County Court Justices were appointed : — for Darlington, Samuel Mathis, Henry Cannon, and Dr. Robert Norris. The Convention met in Columbia in May. The Con- stitution was adopted on the 3rd of June. It gave the Counties of Marlborough, Chesterfield, and Darlington two representatives each, and for the three, two senators. At the ensuing election, Morgan Brown and Robert Ellison were returned Senators. Thomas Evans and John Jones James, Representatives for jNIarlborough. Thomas Powe and Charles Evans for Chesterfield. John Huggins and Moses Fort for Darlington. John M'Ree was elected Representative for Liberty. The Legislature met on the 4th Monday in Nov. Under the classification of the Senators elect, which had been adopted, Morgan Brown took his seat for four, and INIr. Ellison for two years. During this session, an Act was passed, remodelling the County Court system. " Three Judges or Justices of the County Courts were chosen for each county, by joint ballot of the two Houses of the Legislature, to preside in the respective Courts, which were held semi annually for the trial of causes ; but they were allowed no compensation for their services. Two intermediate courts were holdcn annually, for the transaction of business relating to roads, taverns, and the poor. G G 2 452 HISTORY OF THE OLD CHERAWS. " Althougti the administration of justice in these Courts >vas irregular^ and in many instances unequal, owing chiefly to the want of legal information in those who were ap- pointed to preside therein, yet they were a great convenience to the community, considering the defects of the Circuit Court system of that day; and much good, as well as some evil, resulted from their establishment. It was an im- portant step towards the attainment of that improved sys- tem which afterwards existed/^^ The number of justices for each county, being now limited to three, the position became correspondingly re- sponsible and important. In Jan. 1791, the Legislature elected, as County Court Judges, for Marlborough, Morgan Brown, Tristram Thomas, and William Thomas. For Chesterfield, Wm. Pegues, Thos. Powe, and Calvin Spencer. For Darlington, Robert Ellison, Lemuel Benton, and John Smith. And as Justices of Quorum and the Peace, For Marlborough. Geo. Hicks Samuel Brown Thos. Evans Wm. Easterling Drury Robertson Richard Brockington Moses Pearson William Legg John Wilson For Chesterfield. Samuel Taylor Christopher Vernon Charles Evans Thos. Blakeney Wm. Strother Wm. Powe Robert Lowry Benjamin Rogers David Perkins For Darlington. John B. Turner Alexander M'Intosh Absolom Sauls Wm. M'Muldrough John M'Call L. Stanley, jun. Albert Fort Wm. Dewitt Henry Cannon Brevard's " Introduction," p. xvi. HISTORY OF THE OLD CHEHAWS. 453 On the 15th of January, the House was iuformcd by Thos. Powe, one of the members elect for St. David^s, that he declined taking his seat ; and a new election was thereupon ordered. Lemuel Benton was elected Sheriff for Cheraws District. At this session, an Act was passed for improving the navigation of certain streams. Among others, Great Pedee River, and Lynchers, Black, Jeffrey^s and Cat Fish Creeks. Tristram Thomas, Morgan Brown, Wm. Pegues, Baron de Poehiittz, Alexander M'lntosh, Moses Pearson, Wm. Strother, Nathanael Saunders, Samuel Benton, Thomas Evans, and Richard Brockingtou, were appointed Commis- sioners for the work on the Great Pedee, from the North Carolina line down to the mouth of Black Creek, under the name of the Upper Board of Commissioners on Pedee. The Lower Board, from the mouth of Black Creek to Euhaney Ferry, consisted of William Wilson, John M'Kee, Moses Mm'phy, Gavin Witherspoon, John Witherspoon, John Dozier, John Porter, Shadrach Simons, John Gregg, Thos. Benton, Abel Goodman, and Jas. Green. For Black Creek, from its mouth up to the Fork, the Commissioners appointed, were Lawtermore Edwards, Wm. M'lMuldrough, Andrew Hunter, Henry Cannon, John King, John Saunders, and Albert Fort. For Lynchers Creek, from the plantation of Capt. Charles Evans, down to the Effingham Mills, to be known as the Upper Board ; Need- ham Lee, Daniel Du Bose, John Castle, John Huggins, James Marshall, Charles Evans, George Evans, John Pigot, Elias Du Bose, and Absolom Sauls. And from the Effing- ham Mills to the mouth of the Creek, as the Lower Board, were William Goddard, Austin Stone, John Saunders, Lewis Harrall, John Smith, Robert Ellison, John James, James Brown, Isaiah Cookfield, Zachariah Cato, and Zachariah Nettles. Saturday, 18th of June, of this year, was a day famous in the history of the St. David's Society. The exhibition of the students attracted a veiy large audience, gathered for a distance from the country around, and was said to have surpassed any ever witnessed before. On the 27th of July, this society lost one of its active and prominent members, and Cheraw District a useful citizen, in the person of Dr. 454 HISTORY OF THE OLD CHERAWS. James P. Wilson. He died at his residence, Long Bluff.* In 1791, the Circuit Court for the District of Cheraws, was, by Actf of Assembly, ordered to be holden at " The Cheraws.^^ This, however, was not done. The Court con- tinued to sit at Greenville, as before. In the same year, it was enacted,! that the Court of Equity, hitherto sitting in Charles-town, should be held at Columbia, for the Districts of Camden, Orangeburg, and Cheraw. In 1799, the State was divided into four Equity Circuits. Of these, the Northern was composed in part of Marlborough, Chester- field, and Darlington, the Court for which was to be held at Greenville. At the meeting of the Legislature in No- vember, the following Justices of the Peace, &c., were ap- pointed, Adz. :-^for Marlborough, Geo. Cherry ; and for Darlington, Robert Lide, John Huggins, Evander M'lver, and Elias DuBose. The census of the State was taken in 1792; and the return of population for Cheraw District, was as follows : — Free white males of 16 years and upwards . 1779 „ „ „ under 16 years .... 1993 „ „ females, including heads of families 3646 All other free persons 59 Slaves 3229 Total 10,706 In October of this year, Robert Ellison, whose term as senator had expired, was re-elected. And, as Represen- tatives, for Marlborough, John Jones James, Benjamin Hicks. Chesterfield, Wm. Falconer, Wm. Pegues. Darlington, Alexander M'Intosh, John Smith. * The funeral of Dr. Wilson took place on Sunday. The Rev. Edmund Botsford preached, on the occasion, an appropriate discourse, from 1 Cor. vii. 29. t "Statutes at Large," p. 26L J Ibid,, p. 288. HISTORY OF THE OLD CHERAWS. 455 The Legislature met on the 4tli Monday in November, and on the 3rd of December, Mr. Ellison pi'esented a Petition from sundry inhabitants of Cheraw District, praying the passage of a law, for extending the time limited for the payment of the paper medium loaned to the petitioners, who had suffered so much in their crops by the extraordinary drought and freshets which had prevailed during the pre- vious summer, as to deprive them of the means of discharg- ing the same. It was referred to a Committee, consisting of Mr. Ellison, General Barnwell, and General Pinckney, who reported favorably ; and a bill was introduced and passed accordingly. At the session of the following year, 1793, the same members appeared for St. David^s, and took their seats. For Liberty, John Baxter, and Gavin Wither- spoon for west part of Liberty. Alexander Craig was elected County Judge for Chesterfield in place of Samuel Taylor, who had left the country; and Wm. Falconer, in place of Christopher Vernon, who declined serving. For Marlborough, Benjamin Hicks, in the room of Morgan Brown. Robert Ellison was elected Sheriff, and Alexander Mcintosh, Commissioner of Locations for Cheraws. Col. Benton was now in Congress, the first representa- tive in that body from the Pedee District. His political sentiments were very decided, and honestly and fearlessly maintained on all occasions. In certain traits of character he was not unlike his near relative, the late Senator Benton, of Missouri. Col. Benton was one of the party violently opposed to the administration of John Adams. He returned from Philadelphia in the latter part of April, 1794, to be- come involved for a time in a warm personal controversy. An extra session of the Legislature had been called to meet in Charleston, in May. A few days after it opened Major Tristram Thomas was elected General of the Cheraw Brigade. Col. Benton felt this very keenly, his friends attributing it to the fact of his absence, and to the use of unfair means on the part of his opponent. General Tliomas, however, was worthy of the position and of all honor, receiA^ing a reward justly due for his past services. It was a matter deeply to be regretted, that these gentlemen, who had so lately fought side by side for their couutry, should 456 HISTORY OF THE OLD CHERAWS. thus have been broiig;ht into antagonism, and especially as to a point so deeply touching the sensibilities of an old soldier as that of military precedence. Col. Benton resigned his command of the Cheraw Regiment, and was succeeded by Calvin Spencer. An election having been ordered, April 30th, to fill the place of senator, made vacant by the resignation of Mr. Ellison, who had been elected sheriff. Thomas Powe was returned, and took his seat at the meet- ing of the Legislature in Charleston. On the 8th of Al^gust a large number of the citizens of Cheraws District met at the Court House, to consider the matter of Mr. Jay^s celebrated treaty. Of the result of their action no record remains. On the 18th of August there was a destructive freshet in the Pedee. The river was higher than had been known since 1776. In the latter part of May of that year many of the inhabitants were forced to abandon their residences in the swamp, and fly for safety to the highlands. That rise was the gi'catest known since the settlement of the country, of which traditional accounts were handed down to a recent period. There has been some like it since. In January, 1796, another memorable rise occurred. It was not until a period long subsequent that attention began to be turned to the important subject of embankments. The means of the earlier settlers, however, were not equal to works of that kind on a large scale. The late Gen. D. R. Williams, of Darlington, is believed to have led the way in this kind of enterprise. He constructed very extensive embankments, which have proved of incalculable value since. In October of this year (1794) some very serious trouble (probably insurrectionary) was anticipated, and a strong guard stationed at Long Bluff. Of the history of it, how- ever, nothing more is known. At the Fall elections the following representatives were returned, viz. : for Marlborough, Chesterfield, Darlington, John Jones James. Wm. Falconer. Richard Brockington. Drury Robertson. James Blakeney. Ezekiel DuBose. At the ensuing session of the Legislature Gen. Thomas HISTORY OF THE OLD CHERAWS. 457 presented a petition from sundry inhabitants of Darlington^ for opening and making navigable Lowder's Lake^, from Herring Creek to the mouth thereof. A favorable report was made on the subjeet, and an Act passed appointing Richard Brockington,, Wm. Brockington, George M'Call, and Charles Dewitt, commissioners for carrying the same into effect. This legislation resulted in no material benefit. The work, if begun, is supposed to have been abandoned soon after. At this session a£1000 were appropriated for repaii'ing the Court House, and the erection of a new gaol at Long Bluff. Thomas Evans was elected County Judge for Marlborough in place of Wm. Thomas, resigned. Of the militia of the State, now divided into nine brigades, that of Cheraw, being No. 9, consisted of three regiments, viz. : — The 37th, Col. Thomas Evans. „ 38th, Col. Robert Ellison. „ 39th, Col. Calvin Spencer. At the session of the Legislature of the following year the same senators and representatives appeared for Cheraw District and the three counties. At this session Gen. Thomas presented a petition from sundry inhabitants of Cheraw District, praying that the House would not grant the petition of the inhabitants of George-town, respecting the appointment of commissioners to elect a Measurer of lumber and an Inspector of beef, pork, and flour for said town. The petition from Cheraws was successful, as no act appears to have been passed on the subject. County Judges were elected as follows : — for Marlborough, John Jones James, in place of Benj. Hicks, who had left the country; and for Darlington, Alex. M'Intosh, in place of Robert Ellison, who had been elected Sheriff for Cheraws. At the election holden in October, 1796, the same repre- sentatives were returned, with the exception of Richard Brockington, who was succeeded by Andrew Hunter, for Darlington. For Liberty were returned John M'Ree and Thomas Wickham. Wm. Thomas appeared as senator in place of Thomas Pow^e, and with Gen. Thomas, took his 458 HISTORY OF THE OLD CHERAWS. seat. At this session a committee was appointed, consisting of Drury Robertson, Joshua Saxon, and Mr. Nott, to report how the amount appropriated for repairing the Court House and building a new gaol at Long Bluff had been expended. William Thomas was chosen one of eight electors to cast a vote for President of the United States. Sundry inhabi- tants of Marlborough had petitioned the Legislature for a canal to lead from Roger's Lake into Pedee River, and an Act was passed for that purpose, appointing Robert Allison, Edward Croslin, and Tristram Thomas commissioners, who were authorized to " open and keep in repair a canal of not more than fifty feet in width, to lead from any part of the said lake to such point on the river as they might deem fit,^' and also, " to stop up Naked Creek at any point deemed most convenient, diverting the waters of the same through the said lake and canal, provided the expense should be defrayed by voluntary subscriptions, and the canal, when so opened, be free to all citizens and the country at large.^' The proviso of the act probably led to the failure of the scheme. At the meeting of the Legislature in November, 1797, the same members appeared from Pedee. A petition was pre- sented from Robert Ellison, to be allowed to erect mills on Black Creek. A counter petition was also offered, object- ing to the same, on the ground that it would obstruct the navigation of said creek. The matter was referred to a committee, who recommended that the petition of Mr. Ellison should be granted, but with such restrictions and limitations as would obviate the objections raised. Alexander ]\I'Intosh was elected Sheriff for Cheraws in the place of Robert Ellison, resigned, and Drury Robertson a County Judge for Marlborough. In the memorable canvass of 1798, in Darlington, for the Legislature, a name appeared which was destined to become distinguished in South Carolina. Samuel Wilds was one of four candidates. His competitors were Andrew Hunter, of revolutionary note, Ezekiel DuBose, just of age, and Wm. Zimmerman. Mr. Wilds was then in his twenty -third year. His early struggles against what seemed to be the most adverse fortune (for he was very poor, and left in charge of a large family of younger children, for whom their mother HISTORY OF THE OLD CHERAWS. 459 could not otherwise provide), had of necessity kept the sphere of his labors and acquaintance alike limited. He was scarcely known beyond his immediate ueighbonrhood, and to the few who had learned to appreciate him, only kuoAvn as a young man of promising parts, of noble cha- racter and high aspirations. Mr. Zimmerman was already a public man of prominent position, and young DuBose, in addition to attractive personal traits, had the advantage of a very extensive family connexion in his favor. He led the ticket, followed by Mr. Zimmerman. Young Wilds de- feated, but not disheartened, for he was moved by an emu- lation worthy of his future success, was soon to take the lead in turn, and reach the high position he attained, with a rapidity unprecedented, perhaps, in the history of the State. The former members, William Falconer and James Blakeney, were returned for Chesterfield, and Drury Robert- son for Marlborough. William Whitfield appeared as a new member for the same county, in the place of John Jones James. For Liberty, John Ford and Lewis Harralson w^ere elected. Captain John M'lver was returned a senator in place of General Thomas. Mr. Falconer, who for several sessions had been a mem- ber of the House from Chesterfield, now occupied a leading position in that body. Well educated and thoroughly trained, cool and fearless, shrewd as he was sarcastic, and ready and powerful withal in debate, he had few equals, and no superior in these respects, perhaps, in the halls of legis- lation or the forum. He was the acknowledged head of the Cheraw Bar, and was hencefoi^th to have his name indis- solubly connected with the most important change in the system of judicature of the State w^hich had yet taken place. ''At this time," says Judge Brevard, " the administration of justice was extremely tedious and defective. The jurisdic- tion of the County Courts was very limited, and in many of them justice was dispensed in a very loose and imperfect manner. The accumulation of business in the Circuit Courts had greatly increased, and the manner of despatching it w^as not always the best that might be practised to answer the purposes of public justice, and give satisfaction to the people. " In order to establish a uniform and more convenient 460 HISTORY OF THE OLD CHERAWS. system of judicature, a bill was brought forward in the Legislature for instituting District Courts, in the several counties of the State, and in small sections of that part wherein County Courts were not established, and to arrange those Courts into several circuits or ridings. " The most zealous and able advocates of this project, were William Falconer, Esq., a member of the House of Repre- sentatives, from Chesterfield, and William Marshall, Esq., late one of the Judges of the Courts of Equity, a member of the Senate. It was carried, and passed into a law."*'* At the following session, the same members appeared from Pedee. The Circuit Court Act of the previous year was revised and amended, and the County Courts, which had been retained in it — with very limited powers, however — wei'e now for ever abolished. The system for the ad- ministration of justice, thus essentially changed, was to be carried into effect as speedily as possible. Sherifis were to be elected for them, and Courts of Ordinary also established in the several districts, and other important regulations adopted. The term county was now laid aside, and that of district took its place, which has since been retained. The following gentlemen were elected sheriffs, viz : — For Marlborough District, Robert Allison ; for Chesterfield, Joel Bullard ; for Darlington, Alexander Mcintosh. The Commissioners appointed for building and repairing the several Court Houses and gaols, were : — For Marlborough, William Thomas, Thomas Evans, Tristram Thomas, Benjamin Rogers. Drury Robertson, For Chesterfield, William Falconer, Thomas Powe, Calvin Spencer, Robert Lowry. William Pegues, For Darlington, Robert Ellison, Andrew Hunter. William Zimmerman, * Brevard's " Digest," Introduction, p. xix. HISTORY OF THE OLD CIIERAWS. 461 The dividing line between Chesterfield and Darlington had not, up to this time, been run out. An Act was accoi'dingly passed at this session, appointing Alexander Craig, William Falconer, and Erasmus Powe, Commissioners on the part of Chesterfield ; and Robert Ellison, William Zimmerman, and D. R. Williams for Dar- lington, to establish said line. For some reason the work was not done ; and a second Act was afterwards passed, appointing for Chesterfield, William Falconer and Major John Dewitt, and for Darlington, John Norwood and Alexander Mcintosh, to run out and mark the line, as fixed by law. On the 11th of April, 1800, a very considerable shock of an earthquake was felt by many of the inhabitants on Pe- dee, the weather at the time being cloudy and warm for the season. In the canvass of 1800 for the Legislature, another ex- citing contest took place in Darlington. The same candidates appeared as in the fall of 1798; also Richard Brockington. Samuel Wilds, having been since at the Bar, was becoming more widely known, and being superior as a speaker to all his competitors, was elected without difficulty. William Zimmerman retained his seat. In the canvass of 1802, which was also warmly contested, such was the popularity of Mr. Wilds, that he received the unanimous vote of the district, with but one exception, and that the vote of a man whom he had severely, and, doubtless, very justly scourged in Court. The same members were returned for the other districts, except Drury Robertson, of Marlborough, who was succeeded by David Stewart. For Liberty, Philip Bethea, sen., and James Ervin were elected. Alexander M'^Intosh was returned for the Senate, in the place of William Thomas, of Marlborough. William Zimmerman was elected sheriff, in place of Alexander M'Intosh, now in the Senate. About the year 1800, the total militia of the State, ac- cording to the most reliable returns, was supposed to be 35,785. The Cheraw brigade. No. 9, numbered 2224. On the 29th of November, of this year, the following return was made of the Chesterfield regiment, Colonel Spencer commanding, viz. : — 462 HISTORY OF THE OLD CHERAWS. OT •p^o'j 99 !^Tioqt! mt2; -noo 0'\ pasoddns J pauoissuiuuoo "aiaq ;ou s.iaogo 91^ jo ^nnooo^'no paSirejop 'su3A\Q -^dTSQ jfq papnBiuiuoo 'uoiii^r^^S pug aq^ ni luBdiuoo pug 9q:j pn^'i 11340; 'OT' qnoqtJ iuBiitioo o'\ pasoddus tsj30ij(0 jo '^mjm aic; joj paSu'Bjap 'aqasna w^IUIAi •:jdB3 ^q papiiBtiiiuoo 'xioipr^i^a 'J^i ^'l^ m jfuBduioQ png aqi— (^im oj) s9iui;diiioo 9Jnn9 OM-j uau^9j siqi ui ^naioqap si a.iaqx 6 •S3M 1 -^^ ^ i i 1^ •SUJIUQ 1 i'"^'"* i-H ^ r-H 1 "5 •S>[00I9JI^ ^ ^ g 2 S g CO •suoojnodsg; | i ^ • : • • | '"' •SpaOA\g 1 CO (M ^ ■-( (N CO 1 5<) ■sjoioo 1 '^ i : : : i 1 -"^ •lB.T3U3t) 'lB:^OX sg§ s^g^ s •pioj, 1— 1 lo in F-H •SJ99U0TJ 1 '^ : : : : : 1 "^ •n9j\[ uijt?|Y JO '^f JO 9§B 9q; 9AOq\3 9]! J pUB JJUB-JJ (MOW »0 IC rH (M r— 1 1— 1 1— 1 (M C CO -w •9|T^ pUB 5ITO^ CD CO «D 10 C. CO 10 •SJ9J!^ • "^ "^ : : : •sj9umra.i(j : i-t i-H : r-i t-( - ■s-i9ogjO "O'M •siur;9^a9g "# -^ CO CO -^ -^ 1 iM ^1- •l«10X posed to give way. They met, :ind not a word passed. Mr. Falconer then ordered liis servant to hind him his holsters, whereupon the wajgoner, quietly re;ichinir back, brought forth his rifle ; and Mr. F., not willing to give battle, turned out of the road, and allowed the stranger to pass ou. H II 2 468 HISTORY OF THE OLD CHERAWS. To an incident which occurred in his private history, soon after his settlement at Long BluflF, the moroseness of his dis- position afterwards has been in part attributed. The respect and confidence of the public, however, he never lost, and his talents and acquirements were brought into constant requi- sition in the service of society and the State, until the close of his career. The chairman for years of the Examining Committee of St. David's Society, he was the terror of the young, and not less held in awe by the teachers of his day. Such was the appreciation of his attainments, that he was elected a member of the first Board of Trustees of the South Carolina College in 1801 . Of his leading position in the Legislature, and the part he took in effecting a change in the system of judicature of the State, mention has been made. The following letter, written on his return from the Legislature in 1800, will give some idea of his style and business habits, as well as furnish an interesting relic of that period. "Montrose, 25th December, 1800. " Dear Sir, — Upon my arrival at home, I hasten to give you such information, concerning our public aflfairs, as I think may contribute either to your information or amuse- ment. For this purpose, I submit the inclosed papers and remarks. The democratic ferment, concerning which I shall have the pleasure of remarking personally to you, having, in some degree, after the elections, subsided, a strict and laborious investigation of the state of our finances occupied the attention of the Committee of Ways and Means. We scrutinized the report of the Comptroller General (marked No. 1), and the reports contained therein of both the Treasurers of the State. We personally examined those officers, fully and minutely ; and observed on the subject matter, and on their conduct, respectively, in our report of Ways and Means (marked No. 2). " Appropriate clauses for carrying into effect the spirit and intention of the said report of ways and means, have been inserted in the Act for raising supplies for the year 1800. The reason of my mentioning the contingent fund is to meet a variety of unforseen, small demands, continually incident to the executive department, which might be more HISTORY OF THE OLD CHERAWS. 469 easily and advantageously discharged with ready cash than by contracting, as heretofore, on credit ; and, tliat the appli- cation of that fund might, in future, undergo legislative examination. The inclosed papers exhibit a more correct statement, and a more comprehensive view of our fiscal arrangements than any heretofore which I have seen. And I notice, not without pleasure and becoming pride, how far the upper exceeds the lower division of the State in punc- tuality in tlie collection and due arrangement of the taxes. (See Nos. 3 and 4.) " In the Lieutenant-Governor's message (No. 2) herewith sent, you may perceive the correspondence which jjassed between him and the Governor of North Carolina on the subject of boundary. In consequence of the said message our Legislature resolved, That our State now, as heretofore, and particularly as expressed in a resolution on that sub- ject, in the year 1 792, professing the utmost readiness to appoint commissioners with full powers, to terminate, in a speedy and friendly manner, all differences with her sister State so soon as North Carolina shall appoint commissioners, with similar powers, to meet the commissioners of our State for that purpose ; will, and hereby does, the more to manifest her said intention, authorize and du'ect the Gover- nor of this State to invite the Government of North Caro- lina, in the event of that Government still adhering to her Bill of Rights, to meet our State in the Court of the United States, where the claim of territory may be consti- tutionally examined and adjusted : and to inform the Government of North Carolina that this State has appointed commissioners to take care of her interest, and to defend her claims in the said court. But, as it appeared from the documents which accompanied the said message, to be the intention of North Carolina, to open only that part of the line which is to the westward of the Catawba River ; the commissioners of our State are authoi'ized to commence and prosecute, in the said court, such process as may effect an adjustment of the whole line. The above is, as nearly as I can recollect, the substance of the adopted resolution. It is generally believed that this State will, along that part of the line which lies to the eastward of the said river, gain 470 HISTORY OF THE OLD CHERAWS. territory : for it is said that tlie commissioners who origi- nally made the last-mentioned part of the line, among other mistakes, were either ignorant of, or inattentive to, the difference between a statute and a geographical mile. " The taxes this year are fifty cents per centum ad valorem on land, and fifty cents per head on slaves. The debt, for which one quarter dollar was separately imposed on slaves, is fully provided for, and the act imposing it is, therefore, repealed. The next payment of the paper medium is, again, as usual, transferred. That money is now in such good credit that a great part of the interest of last year was paid in specie. This money ought never to be destroyed, for it may produce a fund which may, after some time, be suffi- cient to pay, without the aid of taxes, the whole expenses of Government ! " I applied so intensely to the business before the Legis- lature, that, during its session, I could not find time to detail the proceedings thereof. " I am, with great regards, " My dear Sir, "Wm. Falconer. " Alexander Craig, Esquire.'' The " democratic ferment," to which allusion is made in this letter as " having subsided, in some degree, after the elections," was a subject touching Mr. Falconer sorely. Decided in their maintenance, and active in the propagation of his political sentiments, it was his lot, with many others, to fall with the Federal party in South Carolina in the final contest of that period. An eminent measure of success continued to reward his efforts at the Bar. But, after his political disappointment, his habits became dissijoated. In May, 1805, he drove from his residence in Chesterfield to Camden, a distance of more than fifty miles, as counsel in the case of Henry Rochelle, indicted for murder, and returned home the same night. This extraordinary effort brought on a fever, from which he died.^ * This day's work not only ended in Mr. Falconer's death, but killed the mare he drove, which was a remarkable animal. HISTORY OF THE .OLD CHERAWS. 471 " Tims perished/' as Judge O'Neall justly remarks in his interesting sketch,"^ " one of the early luminaries of the law •/' and, as may with equal truth be added, the most distinguished advocate and public man, Samuel Wilds,t per- haps, excepted, who had yet appeared upon the Pedee ! * O'Neall's " Bench and Bar of South Carolina," vol. ii. p. 344. f Samuel Wilds was now much younger, and could hardly, therefore, be I'ompared as a public man with Mr. Falconer. 472 HISTORY OF THE OLD CHEEAWS. CHAPTER XIX. Closing chapters — Pupils of St. David's afterwards distinguished — Ezra Pugh — His brilliant prospects and premature end — Charles Motte Lide — His early life — Preparation for the Bur — Application for admission — Obstacle in the way — Speech on the occasion — Subsequent success — Removal to Georgia as a planter — His account of the undertaking, and locality there — Farewell — Return to Carolina — Memorable suit growing out of his father's will — Ex- tracts from speeches during progress of the case — Memorial to the Legisla- ture for relief — Appearance before a joint committee — Eflects of his speech — Disappointment and death — His habits and tastes, and opinions respecting him. With the close of the century the concluding chapters of this history must begin. Already much protracted beyond the design with which the work was originally undertaken, it cannot be pursued further (even did the continuous course of events on the Pedee abound in matter of sufficient interest to the present generation to invite to the task), than the presenting sketches of a few of those who, having been pupils in the Academy of St. David's prior to the year 1800, gave promise of a brilliant future, but passed away before most of those now living appeared upon the stage. Of others who subsequently emerged from the walls of that early school of learning, and rose to high distinction, filling a large place during the greater part of the first half of the present century in the history of the State, it will be unnecessary to speak. Their names, for there were not a few of these identified with the Pedee, can never be forgot- ten. With their marked traits of character, the results of their labors, and the leading incidents of their lives at the Bar, on the Bench, in Legislative Councils, in professional pursuits, and in other branches of the public service, we are yet familiar. While of others, who preceded them in the paths of usefulness or the race for fame, but little is now generally known. The first of these, in the order of time, was Ezra Pugh. He was the second son of the Rev. Evan Pugh, and born on Pedee in the year 1771. HISTORY OF THE OLD CIIERAWS. 473 As a youth, he was not more remarkable for amiability and excellence of character, than for those intellectual en- dowments which inspired the hope of a high degree of usefulness and success in life. One of his early companions in the school of St. David's, who was afterwards distin- guished for solidity of understanding, was often heard to say, that when students together, while he was applying himself closely, young Pugh, either unengaged or reading some other work, would, at the last moment, take up the text-book, glance over the subject matter of the lesson, and grasp it as if by intuition ; and that with slight effort, he would readily solve the most difficult mathematical problems. Dr. Park, who was his early instructor, and afterwards associated during their college career with many of the most distinguished men of the State, frequently remarked of Mr. Pugh, that he was, intellectually, the most remark- able yoimg man he had ever known. After his graduation, he appears to have devoted himself for some time to literary pursuits, preparatory to a profession, then studied law, was admitted to the Bar, and settled at George-town. The fond hopes of his friends, however, and the well-foimded anticipations of the public, Avere blasted by his premature death, on the 29th of January, 1802, in the 31st year of his age. In a notice published at the time of this sad event, it was said : " a love of literature induced him, while young, to turn his attention to the study of a profession. This he accomplished with but very little pecuniary aid ; and by un- wearied diligence, he acquired a fund of useful informa- tion, which would have done honor to better circumstances. " A benevolent disposition, added to a strong memory and sound judgment, qualities rarely united in the same person, caused him to be esteemed by all who knew him, and be- loved by his more particular acquaintance." Another, to whom tradition has assigned the highest place as a genius, though in its erratic form, was Charles Motte Lide, the third son of Col. Thomas Lide. He was born in what is now Marlborough District, during the times which preceded the Revolution, and seems to 474 HISTORY OF THE OLD CHERAWS. have exliibited in his character and subsequent career the impress of that unsettled period. After an academical course in St. David's, he determined to apply himself to the study of the law, and remained in the office of Judge Brevard of Camden eighteen months. Intense application, with sedentary habits, led to a serious decline of health, which made it necessary for him to suspend his studies for three years. With returning strength, he went to Litch- field, Connecticut, and attended a full course of law lectures under the celebrated Judge Reeve. Returning to South Carolina, he entered and remained nine months in the office of Thomas Parker, Esq., one of the leading lawyers of Charleston, with the intention of applying, at the end of that time, for admission to the Bar. But, an unexpected obstacle to the immediate accomplishment of his long cherished wishes, was here interposed. For, after the com- mencement of his legal studies (in the year 1796), an Act was passed by the Legislature, requiring of every citizen of the State, who had not graduated in some college or uni- versity of the State or of the United States, or in some foreign university, to have served a regular clerkship, and read law in the office of a regular practising attorney of this State four years, as an indispensable preliminary to ad- mission to the Bar. With this exacting requisition, young Lide could not comply, without a more protracted pre- liminary confinement in some law office than he was now willing to undergo. For, deducting the time of his sick- ness, he had studied but three years and a half, of which one was spent out of the State. In this dilemma, he claimed admission as a matter of right, under the Act of 1785, during the operation of which he had entered the office of Judge Brevard, and which prescribed no time. In deference to this claim, it was proposed by John B. Holmes, Esq., one of the gentlemen appointed on the examining committee, that Mr. Lide should argue the point before the Court. The suggestion of a proceeding so novel, doubtless originated, in part, in the desire to hear this gifted aspirant for legal honors, whose peculiar powers were already known. He cheerfully acceded ; and in the course of a week pre- HISTORY OF THE OLD CHERAWS. 475 pared an elaborate speech,"^ wliicli was delivered before the Court, composed of Judges Watics, Bay, Johnson, and Trezevant. The exordium and other portions of this speech, delivered under such extraordinary circumstances, as to clothe it with peculiar interest, were as follows -. — " May it please the Court : — Plutarch informs us, that the first appearance of Demosthenes at the bar, was in his own cause. In this respect, may not I, without vanity, note the similarity of fortune. ' Kindred objects kindred thoughts inspire/ The same may be said of kindred situations. Oh, that I could feel the sympathy of situation so strongly, as to catch but a faint spark of that sublime fire which in- flamed the breast of this illustrious prince of eloquence, and gave to his tongue that vehemence of speech, which seldom fails to impart the persuasion of the soul. " After serving a faithful apprenticeship to the common law, after persevering in my legal pursuits through diffi- culties and trials the most severe and afflictive — through poverty, through sickness, and almost through death — and having at length arrived at the gates of the court — at length presented myself at the portals of the law — does the iron finger of technical construction point my inadmissi- bility? Am I told of an intervening statute, which operates as a complete foreclosure on all the equities of my situation — confines me to a state of sub-infeudation, without hope of ever aspiring to the dignity of a tenant in capite — that this imaginary stumbling block which lies in limine, at the thres- hold of the Court, must be removed, before I am permitted to take a seat with the venerable fathers aAd worthy sons of the Common Law — that this supposed Chinese wall must be scaled on the ladders of reason, argument, and law, before I can be entitled to a passport to the temple of legal science ? This is literally and emphatically my situation ; and it is for this purpose, to remove this stumbling block, * For the manuscript papers of Mr. Lide, embracing liis speeches, with much other matter of interest, all prepared with much care, and as would appear, originally designed for publication in book form, the author is indebted to the kindness of a relative, a Mr. Lide, of Alabama. 476 HISTORY OP THE OLD CHERAWS. to scale this ideal wall, that I now appear, for the first time, before the awful brow of a Court of Justice. I crave an indulgent hearing. I crave a respect for my feelings on this delicate and interesting occasion; those feelings of my nature which constitute the acme of my happiness or misery. " Previous to the Act of 1785, the admission of attorneys to the Bar depended on a rule of court. By that Act, examination is the only preliminary to the admission of natives. Under that statute I claim admission, and con- tend, that as I commenced my legal studies while it was in full operation and vigor, a right, a perfect right of ad- mission attached instanter, indefeasible by any subsequent Act of the Legislature. This point, I hope to render luminous to the court, by the clearest rays of legal de- monstration. And though it is a question of immediate personal concern, I trust I shall be able to forget my own interest in it, and moving out of myself, found my argu- ments on the true explanation and sound exposition of the doctrine of ex post facto, and the principles of analogy, adopted by the English courts of justice, and recognised by our own in a great variety of cases. The definition which Judge Blackstone gives of an ex post facto law, relates only to crimes, notwithstanding the term itself is general and comprehensive, and ex vi termini embraces all acts as well civil as criminal. Making of law ex post facto, he tells us is — • ' when after an action (indifferent in itself) is committed, the Legislature then for the first time declares it to have been a crime, and inflicts a punishment upon the person who has committed it.^ But, immediately after remarking on the cruelty and injustice of such laws, more cruel and unjust than even the laws of Caligula, he forgets the par- ticularity of his definition and draws his inference generally in the following words : ' all laws,^ mark the change of his language, ' all laws should be therefore made to commence in future and be notified before their commencement ; which is implied in the term, prescribed.' It would be no difficult task, Avere it necessary, to point out other instances in which even Judge Blackstone himself, this most learned and eloquent expounder of the law, has fallen into con- HISTORY OF THE OLD CIIERAWS. 477 tradictions. Let me, therefore, a stripling, a little David, M'hcn compared to this Goliath of the law, be on my guard. This will also serve to show, that I am not deterred by high-sonnding names, from a thorough investigation of legal principles. But to return, I lay it down in as general terms as any rule can be laid down, that all laws, whatever may be the subject matter of them, should have a prospec- tive, and not a retrospective operation. It is easy to show, that in those few instances in Avhich there liaA'c been de- viations from this sacred principle of all legitimate legisla- tion, they have been bottomed, either upon principles of policy, or upon the broader and more benevolent principles of humanity. They have been temporary and partial sacri- fices of principle to principle. Shall I say that I have in my eye, the two principal cases of limitation and bankruptcy? Abstractly and independently considered, these laws and others of a similar nature are a direct violation of the prin- ciples of natural justice ; but in their general tendency, are salutary, equitable, and beneficial. The first is founded on the maxim, interest respubtica ut finis sit litium. The last is a noble sacrifice of justice at the shrine of humanity ; or to speak with more propriety, justice is of a composite nature, and includes necessarily in itself the principles of humanity. They are a sine qua non to each other, con- stituent parts of the same unity. In Great Britain, if no period is fixed for the commencement of a statute^s opera- tion, it is of com'se considered binding from the first day of that session in which it was enacted.''^ After arguing the point, he proceeds : — " I repeat it again and again: there is but one tense in legal philology, and that is the future ; there is but one vision, and that is pros- pective. The eye of the law, like that of the eagle, should be fixed on the sun, not on the earth — should look straight forward, taking no note of anything behind. If laws are allowed to have a Janus form — to have a double aspect, looking before and after, we may bid a final and mournful adieu to life, liberty, property, justice, and all those rights which mankind have hitherto hold in the highest veneration, and pui'chased at an incalculable expense of blood and trea- sure Was it possible for my dim eyes to penetrate 478 HISTORY OF THE OLD CHERAWS. the shades of time and discover that Act^ rising on the sur- face of futurity? Is not prescience an acknowledged and essential attribute of the Deity — of that awful Being, with whom time and eternity are the same, and all knowledge merely intuitive ? Present circumstances are the only data of civil, as well as moral action. We must, from the very constitution of our frame, predicate all our hopes and all our plans, of whatever nature, upon what is, and not upon what is to be. This is the only firm basis of action, and those who do not build upon this rock will find themselves and all their works, sooner or later, involved in one large, promiscuous ruin. " ' Oh blindness to the future ! kindly given. That each may till the circle marked by heaven.' . . . . " If they can divest the student of a right of ad- mission at one time, they can surely do it at another ; if at one stage of his legal progress, at any and always. Where, then, is his security, — where his guarantee, — where the rock of his legal salvation ? '^ At the very instant he fancies himself standing on terra firma, — behold ! the ground, by the magic touch of a legis- lative wand, in the twinkling of an eye, converted into a Serbonian bog, in which he is awfully sunk, swallowed up and lost for ever, — " • And in the lowest depth, A lower deep-still opens to devour him.' " Having argued the legal point at length, he concludes : — " Standing, as I conceive I do, upon an unshaken basis, and girt with the double belt of principle and precedent, I might now enjoy the calm serenity of a mind confident of success, were I not too sensible that all human confidence is vain. Let me therefore earnestly and pathetically entreat the Court, to give this question the most mature considera- tion before they make a decision, which, if in the negative, involves consequences to me of the most serious import, and will give an entirely new modification to my situation, hopes, and future prospects.^^ This efibrt of Mr. Lide was unavailing. For, on the day after the delivery of the speech^ Judge Waties, calling HISTORY OF THE OLD CHEUAWS. 479 him up to the bench, politely complimented hira, and pri- vately delivering the opinion of the court, expressed regret that they could not comply with the prayer of his petition. He observed, that some of the judges refused to pay any attention to the Act of 1796, — Judge Burke, in particular, having publicly declared, that he would not be bound by that Act. Accordingly, after the passing of that statute, admissions had been made to the Bar of students who could not comply with its requisitions ; several having been ad- mitted but a short time previous to the application of Mr. Lide. Judge Waties declared, that, as to himself, he revolted at the idea of disregarding a solemn act of the Legislature. Mr. Lide then entreated the judge to bend the law so as to accommodate it to the peculiar circumstances of his case, urging that the long suspension of his legal studies by sick- ness, was the only thing which brought him under its operation ; that this was the visitation of Providence, and the maxim would apply, Actus Dei nemini facit injuriam. " Sir,^'' said Judge Waties, in reply, with some degree of resentment, " we do not grant favors.'''' " Sir,"' replied Mr. Lide, " I am better acquainted with the office and duty of a judge-, than to ask them. All I request is, that the Court will bend, not break the law : the expression is legal and proper, and frequently used by the judges of Eng- land." " At this stage of the conversation/' continues Mr. Lide in his narrative, " Judge Bay, with that natural goodness and politeness which sometimes outstrip his understanding, expressed to me his regret that I had not made my appli- cation for admission sooner. Upon which, I observed that the law and the circumstances were the same ; that I knew there was a tide in human affairs, but had no conception that it extended to and influenced courts of justice. This was decisive, and admitted of no reply." Perceiving the inflexible determination of the Court, Mr. Lide retired, both mortified and disappointed ; but feeling, as he said, that it was one of the proudest days of his life. He was not only complimented by the Judge, but immediately after the delivery of the speech, John Julius Pringle, one of the most distinguished advocates of Charleston, who was present 480 HISTORY OF THE OLD CHERAWS. and attentive tlirougliout, approaclied the youthful pleader, and entering into conversation^ very familiarly and oblig- ingly asked him several questions respecting his future intentions and prospects, adding, that in consequence of some expressions used in the exordium of the speech, the gentlemen of the Bar stood ready to furnish him with any pecuniary means which might be needed to prosecute his legal studies, and had requested him (Mr. Pringle) to com- municate their disposition in this respect, but that he had informed them there was no occasion for it, as Mr. Lide^s means were fully sufficient. After quitting the office of Mr. Parker in the spring of 1800, Mr. Lide went to Columbia as a student, and soon after, on his own affidavit, covering the deficiency as to time, was admitted to the Bar during the same year. He had intended settling in Colum- bia as a lawyer, but during the delay caused by the unex- pected obstacle thrown in his way, another gentleman came in and established himself there in full practice, marring the prospect, as Mr. Lide feared, for his own early success. He, therefore, unfortunately determined, after remaining at the Bar twelve months, to relinquish the pursuit, and estab- lished himself as a planter on Crooked River, Camden County, Georgia. This, as he says, " was an enterprise of the most arduous, romantic, and alpine nature. But in- dustry and perseverance conquered every difficulty. I called the tract of laud which I purchased of Mr. James Seagrove, ' the Asylum." Shortly after my arrival there, in a letter to a friend, I thus correctly depicted the exist- ing scenery: ' On my first debarkation at this place I found it completely under the dominion of nature. The hand of culture had not presumed to intrench on her rights, nor the axe to violate the long and sacred silence of the forest. Here the owl has long maintained his ancient and solitary reign, and from his nightly court still issues dread- ful proclamations to warn me against encroachments on his territory. I pitched my tent of moss under a large white oak, which afforded me a kind and protective shelter till a few days ago, when I decamped under my present habitation. In gratitude I have suffered him to retain his ancient and venerable seat, though his neighbours have long since fallen HISTORY OF THE OLD CHERAWS. 481 around him. When he does fall, he shall fall with all tlie leafy honors of the forest at his- side/' '' After transforming a wild wood into a cultivated field, in the fall of 1803," he afterwards wrote, having remained there only eighteen months, " I disposed of land, negroes, and erops to Messrs. Wood and Drysdale, two gentlemen from the Bahama Islands. When the sale was completed my spirits underwent a remarkable and visible depression ; and in this melancholy mood I composed the following valedictory^ which breathes something of the tenderness of Ossiau. " Farewell, sweet Asylum, which received me into your friendly bosom at a time when anxiety and despondency corroded my health, and poverty gi'inned upon my heels. Farewell, ye lovely flowers, ye golden blossoms,^ which daily expand your little bosoms to kiss the mid-day sunbeam. Farewell, thou surrounding forest, that hast so long darkened my solitude, and cast a browner horror on my cares. How often have you listened with anxious dread to the cry of my axes and the crash of your cotemporary trees ! You, too, must soon yield to the persevering vigor of the axe. You, too, must soon lay your tall heads low and moulder into dust ! And thou, majestic and venerable White Oak, under whose protective wing, on the broad platform of nature, I have so often reposed, adieu ! " It is true that I have stript you partially of your leafy honors ;t but it was done from a benevolent motive, to extend your branches, and to" clad you with more luxu- riant foliage. Farewell, thou meandering stream, on M'hose silent, sacred banks I have so long lived. How often have I floated on the full swell of your rapid, boiling tide ! Once did I sleep upon your bosom. No longer will you contribute to my health, convenience, or repose. No longer will you pass in sympathetic silence the door of my moss- stuflfed hut. And thou, good genius of the hommock who, after witnessing all my cares, and all my toils, hast at length smiled upon my labors and crowned them with suc- cess, farewell, a long farewell ! * " Cotton blossoms." f " I had it topped." I I 482 HISTOEY OF THE OLD CHEEAWS. " Think not that I am ungrateful for your favors. No, far be it from me. Necessity alone has compelled me to renounce my allegiance to you, to withdraw fi'om your soli- tary domain, and to relinquish the cultivation of your favorite plant. Be still propitious. Let your smiles accompany me while I go to revisit friends who have long known and loved me, and scenes which have been familiar to my earliest youth \" The profession of the law not ajjpearing to Mr. Lide, as he says, '^ to promise a remuneration by any means ade- quate to the great sacrifices of time, of property, and above all, of health, that he had made in order to qualify himself for it,'^ he resolved to abandon it. " At that time,^^ he remarks, " the long staple or black-seed cotton was held in high estimation, and generally regarded as the shortest and surest road to wealth. The South of Georgia was consi- dered by Col. Hampton and myself the finest theatre of success.'^ Col. Hampton furnished him with letters, advice, &c. Accordingly, in the early part of the following year, 1802, he went to Virginia to purchase negroes, and soon after removed to Georgia. But having invested a part of his funds in another undertaking, it led to financial embar- rassment, and the breaking up of the cotton enterprise just as it had progressed to a point to become remunerative. In the fall of 1803 he returned to Carolina, and resumed the practice of the law, but irregularly and without that spii'it and determination which alone could ensure success. The memorable and protracted suit, growing out of the will of his father. Col. Thomas Lide, from its beginning in 1806, appears to have absorbed all his energies and called forth all his powers. Col. Lide had contracted a third marriage with Mrs. Mehitabel Irby. By a will, executed during his last illness, provision was made for an annuity to his widow. It was alleged that this was done on the ground there would be a posthumous heir, which proved not to be the case ; and that false representations had been made, and undue in- fluence brought to bear upon the testator when in a very weak state of mind, to that end. The representatives of Mrs. Lide afterward claimed the annuity, with interest, for HISTORY OF THE OLD CHERAWS. 483 a term of years. The claim was resisted by the lieirs of" Coh Lide, chiefly on the grounds mentioned, and hence the suit. Charles ]\Iotte Lide was, therefore, personally and deeply interested in the result. During the progress of the case he delivered the most elaborate speeches, fidl of legal learning and abounding in classical lore, rising at times to a degree of pathos, which, with his peculiar manner and brilliant powers, made a deep and lasting impression on those who heard him. The extracts already given from his pen, with those of the speeches which are to follow, will convey some idea, though of course imperfectly, of what he was at the Bar. Contemporaneous testimony, as well as tradition, assign him a very high place in point of oratorical power, not only before the juries of the country, but the more enlightened audiences of the day. As often the case with those who have been highly gifted, the most brilliant flashes of his wit and eloquence were doubtless called forth under the stimulus of the occasion^ and hence not pre- served. In June term^ 1814, he pronounced before Judge Thomp- son, and a deeply interested and profoundly attentive audience, a speech, of which the following Avas the exor- dium : — " May it please your Honor : after revolving like a planet, and like this case, thi'ough all the signs of the zodiac, after experiencing all the changes of changeful fortune, after passing through a vast variety of untried being and of woe, I am at length, through the capricious revolution of time and of accident, reluctantly driven back to the ' dull debate, the noisy bar,^ and placed in this forum in order to raise my hand and voice in a cause, in which I would cheerfully expend the last cent of my property, and heartily shed the last drop of my blood. " Fortunate, indeed, is the coincidence, and singularly happy is the man, though the necessity in this particular case is ever and deeply to be regretted, in whose favor duty and inclination are thus made, proAidentially, to unite and co-operate. In this arrangement and concurrence I see distinctly the hand of Providence. Cui bono, for what good end^ or for what wise purpose, have I been protected and I I 2 484 HISTORY OF THE OLD CHERAWS. preserved through unparalleled difficulties, through unprece- dented afflictions, misfortunes and trials but for this high argument, this uuattempted theme. Hely upon it, " ' There is a Providence that shapes our ends. Rough hew them as we will.' " To correct injustice is at all times and on all occasions to discharge a pleasing, a beneficent, and even a god-like office. In this instance it is also to perform a moral and a political duty. It is a duty I owe to myself, it is a duty I owe to the other devisees and co-defendants, it is a duty I owe to my country. But a stronger, a higher, a more sacred motive animates me. Filial piety demands it of me. Methinks I see the shade of my father looking down with indignation on the ungrateful ruin and unmerited devasta- tion of his family, frowning upon me for unavoidable inat- tention and delay, impatiently beckoning, and imperatively demanding of me to make this exertion, in order, to use the forcible language of Judge Buller, to ' blot out the blot' which has been so unworthily affixed by the decree now to be reviewed, to his memory and understanding ; and as far as possible to mitigate and to correct the calamitous effects which it has so unjustly wrought and accomplished.'' " On this solemn occasion," he subsequently exclaimed, '' I act a far more interesting and important, though less conspicuous part, than the eloquent Symmachus when he pled before the throne of the Emperor Valentinian for the Gods of Rome. He advocated the cause and reign of poly- theism ; / advocate the cause and dominion of justice and of law. He prayed and entreated for the restoration of the altar of victory ; / supplicate for the restoration, or rather, recognition of the remedies by rehearing or bill of review. He plead for the continuance and preservation of an idle superstition, already undermined by the then new-light of Christianity ; I plead for the conservation and perpetuation of our whole system of equity. It is not, then, my cause alone which I this day plead; it is the cause of my family, it is the cause of justice, it is the cause of the constitution and laws, it is the cause of the entire mass of the commu- nity. * Whatever, therefore,' in the words of a memorable and distinguished orator^ ' can best encourage and animate HISTORY OF THE OLD CHERAWS. 485 to diligence and to energy ; Avhatever is most powerful and influencing upon a mind not callous to every sentiment of gratitude and lionor, demand at this moment the exercise of every function and faculty that I am master of/ " The connscl for the defendants having given up all hope of success in consequence of an adverse decision previously made, and virtually abandoned the cause, he proceeds to comment upon their course : " under this chilling impression, after the second verdict in the Court of Common Pleas, and the consequent decree in Equity, both of which were adverse, their counsel imprudently and suicidally abandoned the cause in despair. Never, surely, was there less room for the indulgence of this last freezing sentiment of the human heart. On the con- trary, their motto or principle of inspiration should have been that which encircles the arms of the State, Dum spiro spero. jNIost unfortunately, however, the breasts of the defendants' counsel did not glow with this noble, manly, soul-inspiring, magnanimous, and Spartan-like sentiment. Just in this awkward, timorous, and short-hand way, was the best and most hopeful cause in the world cruelly, un- naturally, completely, and prematurely butchered and sacri- ficed by those who were entrusted with its defence, and who should have cherished and sustained its precious being to the last period of its legal existence. To the bright morn- ing of its commencement, there unexpectedly succeeded a long and dreary night of terrible gloom, of clouds and thick darkness. " Had the counsel for the defendants, instead of being struck with dismay, have again carried the case up, in their turn, to the Constitutional Court, as in this mode of pro- cedure they ought to have done, the good nature, if not the good sense of the Court, there being verdict against verdict, and the scales of justice, abstractedly considered, hanging in equipoise, would, upon mere motion and as a matter entirely of course, have granted a second new trial. In fact, it is reasonable to suppose, that they would have exulted in the opportunity of reviewing their former decision. " But, instead of this having been done, the cause was, as just stated, horribly smothered and strangled to death in its 486 HISTORY OF THE OLD CHERAWS. cradle. During the whole of these latter proceedings I was at a distance from the scene of decision, and in absolute ignorance of them. For, after the first verdict, I had sup- posed on good authority that the cause was at an end. Nor was I awakened from this state of tranquil ignorance and agreeable delusion until the execution against myself arrived at Laurensville, near to which place I at that time resided, and announced to me the mournful result of the contest. I immediately determined on resistance ; but owing to pecuniary embarrassments, was compelled to post- pone it to a more convenient time. In confirmation of this assertion I shall make an extract from a letter, a copy of which I preserved, addressed, very shortly after the arrival of the execution, to Duncan M'Rae, Esq., the administrator, cum testamento annexo, of the estate of the devisor, in which I distinctly and strongly announced this resolution and in- tention. It is in these words : ' This business,^ alluding to this suit, ' shall not stop here ; these waters must be troubled; and, if necessary, it shall be the occupation of the remaining part of my life, to keep them in constant and boihng agitation.^ . . . Ha\dng finished the woeful, Romeo and Juliet tale of this short-lived and luckless case, thus prematurely terminated, I will now attempt to give, what should have been, according to my ideas, its actual history. This will be best accomplished by*a criticism on the pro- ceedings both at law and in equity, which have just been briefly narrated. " Disdaining then all idle ceremony and the vain imperti- nence of forms, let us utter our sentiments with freedom but not without respect. •*' He then proceeds to a most detailed, elaborate, and able examination of the facts of the case from the beginning, with the principles of law and equity involved, citing with learned comments, a vast array of authorities, occasionally digressing, as in the following instance. Referring to Blackstone, he adds : — " Having frequently had occasion to cite this great authority, I can no longer refrain from giving expression to those strong and ardent feelings of gratitude, which are so justly and eminently due, not only from my- self, but from the whole legal corps, to this illustrious HISTORY OF THE OLD CIIERAWS. 487 autlior, for the immense advantages derived, and to be de- rived, ' to the last syllal)le of recorded time/ from his toil- some labors and erudite lucvd)rations. As Mr. Cumberland observes of Dr. Johnson, Etiam mutuas loquitur, I take no notice of the labors or attempts of Sir Matthew Hale, though they are not without their value or utility. The incomparable Blackstoue first educed order out of chaos, and elevated the study of law to the rank and dignity of a science. His successors, and they are many, and great, and learned, are only treading in his footsteps. " He first, a poor orphan boy — let not the great and wealthy plume themselves too much ; this orphan boy, I say, first erected this vast, magnificent pile, and they, his successors, are merely adding the superficial ornaments. " ' With nice distinctions glossing o'er the text. Obscure in meaning, and with words perplext ; Witli subtleties on subtleties refin'd, Meant to divide and subdivide the mind ; Keeping the frowardness of youth in awe. The scowling Blackstone bears the train of law.' " He finally concludes in these words : — " ' There is,^ says a feeling orator, ' a principle of re- sistance in mankind, which will not brook such injuries, and a good cause and a good heart, will animate men to struggle in proportion to the size of their wrongs, and the grossuess of their oppressors. On this principle, like Hamlet, I have pried with an eager, inquisitive, insati- able, and unsatisfied curiosity, into the most obscure, hidden, and minute circumstances of this cause " On this principle, I have attempted faintly to imitate the sublime conduct, the exalted and devotional patriotism of Curtius, and have leaped into, in order to close for ever, this dreadful, yawning gulf to the best hopes, interests, and prospects of myself and family. On this principle, I have struggled, and on this principle, will I continue to struggle, till the last, expiring, convulsive gasp of this singularly unfortunate cause. I will exhaust, before I have done, all the resources of which I am possessed, of informa- tion and learning, of genius and judgment, of invention and argument. If possible, I will, as far as relates to this cause, exhaust even the legal and equitable codes. I will 488 HISTORY OF THE OLD CHERAWS. exert every nerve, strain every muscle, ronse and display every power and every principle of energy which exist in me, whether corporeal or mental. " In this case, 1 am a torrent shooting down the sub- lime slope of the Andes, a mighty river overwhelming its grand and elevated banks, and pouring its accumulated flood into the capacious and expansive bosom of the ocean. To arrest such a torrent, to oppose such a river, would be almost as idle and vain, as to stop the sun in mid-career, or nature in her rapid and majestic course. To fall by such proceedings and decisions as I have exhibited to your honor, would indeed be to be ' brained by a lady's fan,' and to perish in the style of the mock-heroic. Such a contempti- ble denouement of this drama, would completely take away all dignity from distress, would be not less ridiculous than calamitous. To avoid this fate, to prevent such a ' heel and catastrophe' to this wretched cause, are the true objects of that unwearied industry, of that patient toil, of that midnight research, to which I have so long and cheerfully submitted, in its investigation and development. But, if after all shall have been said and done, I cannot ultimately command, it must, at least, be universally ad- mitted, that I shall have deserved the most rare, the most signal, and the most glorious success." This speech, of which only a few extracts have been given, must have occupied the greater part of the day in its de- livery. Major Blanding, afterwards so distinguished at the Bar, was the opposing counsel. The decision of the Judge was adverse, ordering and decreeing that the application for a rehearing be rejected. In the delivery of the opinion, however, the Judge admitted " that a bill of review would lie, provided a case was made out, competent to warrant and sustain it." This Mr. Lide considered a " great point gained," in the final prosecution of the cause. " It gave me,'^ as he said, "what Archimedes wanted for his instru- ments, in order to move the earth — a place on which to plant my legal and argumentative machines before the Court of Appeals in Equity." To this last appeal to the courts of the country, he now applied himself with unwearied and extraordinary assiduity^ HISTORY OF THE OLD CHERAWS. 489 knowing that if against liim, tlie decision would be final. The result of his preparatory labors in the effort made^ was an enduring monument to his patient research, his sleepless application, his inventive power, and legal erudition. The cause was argued before the Appeal Court in Equity, at Columbia, on the 25th and 26th of November, 1814. '•' It is with a mixed feeling of pride and gratitude,^' Mr. Lide remarks, " that the Equity Chamber was crowded and adorned with the wisdom and gravity of age, as well as with the sprightly intelligence and laudable curiosity of youth." The argument was introduced by a few observations, which he deemed appropriate, as follows : — " ' We hold it,' says Junius, addressing himself to Dr. Blackstone, ' that the cause of an injured individual," and I may pre- sume to add, much more that of an almost ruined family, ' is interesting to the public' I recall to the recollection of your Honors this just, wise, politic, and truly patriotic sentiment, because I am extremely anxious to secure to myself the attention and respect of the Court. For on this occasion I am sadly serious. Pardon then, in the course of this great struggle, something to my feelings. My old literary friend, Burke, has taught me, that such is the com- plexity of human affairs, that men sometimes unavoidably find themselves in strange situations ; ' but the Judges," says he, ' should always be the same." And Curran has also in- formed me, ' that had it not have been for the boldness of Nathan's parable, his candor might have cost him his head.' But truth speaks with such a lofty warning voice, in accents so strong and so awe-inspiring, that she astounds the callous front of guilt, disarms the hand of power, and places con- science at pleasure, and in submissive acquiescence, under the mighty sway of her awful sceptre. " Besides, may it please your Honors, I am about to con- tend for all which can interest me, Avhether considered as an isolated being, or as a member of a private family, or, of that greater family of my fellow-citizens, the community. " And therefore, I shall follow an example, which on no other occasion would I even think of following — the example of Richard the Third, and mount ' black Surrey for the field to-day." 490 HISTORY OF THE OLD CHERAWS. " I took the liberty to allude to my family. One member of that small family has fallen, partly, I think, under the corroding effects of this decree, and is now sleeping with his fathers. Peace be to his ashes, and eternal rest to his soul. Another member of that unfortunate family still survives, on whom Providence, in his mysterious and in- scrutable dispensations, for wise purposes, no doubt, hath grievously inflicted his chastening rod. It is on his account that I am chiefly solicitous. For myself, I am under no apprehensions. Tliat Being who feeds the raven, yea, even the young raven, will take care of me. For we are assured that a sparrow falls not to the ground, unnoticed by his vigilant and parental eye. " ' Oh, for a muse of fire. To ascend the hrightcst heaven of invention. An empire for a stage, heroes to act. And princes to behold, the swelling scene.' " May it please your Honors : " From the great importance and extreme length of this case, it was absolutely necessary to follow the rules of the dramatic art, and to distribute into three acts this vast and tragic drama. Already, twice in valiant conflict have I en- countered the foe. Once, at Chambers, did I startle and touch him with the point of IthurieFs spear. The argument in the Circuit Court of Equity, at Cheraw, appalled the ad- verse counsel and his client. This worthy duumvirate looked like wretches, smitten and blasted by the lightning of heaven. They trembled ! good God, how they trembled ! It was tlie couching of the Norman lance, before the de- generate Greeks, of the Roman-Eastern empire. Again I enter the lists, with my loins girt about, and my lamj) trimmed and burning — emaciated, it is true, but not ex- hausted. No, may it please your Honors, my genius for legal warfare is not yet exhausted, nor will it be, nor can it be, so long as a single patch, or thread, or particle is left of this Sybilline record — so long as a single question out of it starts up, dares to raise its hydra head, to be cut off by the giant arm of law and logic. This AvcU-fought field is not yet abandoned with dismay and despair, the hostile armor of attack and defence is not yet broken to pieces and cast away HISTORY OF THE OLD CIIERAWS. 491 by cither conflicting party, nor will it be until tliis honorable Court shall interpose, and by its decision put a final period to the contest. Twice, I repeat, have I already, at great length, argued this cause, and this is my third, formal, and I trust last effort. Under this cheering hope, I do therefore enter this Court, with the heart-felt joy of a sailor, ' long tossed at sea and all his viands spent,^ on the dis- covery of land, of terra finna, and with the buoyant prospect of a speedy termination to his rough and toilsome voyage. Incessantly agitated, and wearied in mind and in body, it may readily be supposed and believed that I enter this august hall of justice with the ecstasy and fluttering wings of the stray dove, in its return to Noah's Ark, to find a resting place, a home and a nest, in the fond wdsh and ex- pectation of final dismission hence, with lightsome heart, with my ' crest elevated by hope and heightened by joy,' and my temples bound around and decorated wath the laurel wreath of victory, won in all ' the pride, pomp, and circum- stance of glorious war ' — to pursue, in peaceful silence and improving solitude, that plan of legal studies which I have crayoned out for myself. Should this, however, not be the case, and this ray of hope be dashed to the ground — but I will not anticipate the judgment of the Court. " ' The dawn is over-cast, the morning lowers. And heavily in clouds Brings on the day, the great, the important d:iy — Big with the fate of Cato, and of Rome.' " I cannot help reflecting on the peculiarity of fortune, which perpetually imposes on me the necessity of appearing and re-appearing, in my own case. With Burke, I may truly say, Nitor in adoerswn is the motto for a man like me. I am not, however, without consolation and encou- ragement from high examples. Demosthenes and Cicero were both subjected to the same fortune, though, I believe, not in so great degree. Cicero pleaded pro domo, for his own house, burned down by a faction ; and Demosthenes made a noble stand in persona, against his guardian, who had defrauded him of part of his estate. I, too, may pre- sume to venture on the same ground, and draw my weapon, in self-defence, surely, — 492 HISTORY OF THE OLD CHERAWS. " ' Unless self-charity be some time a vice. And to defend ourselves it be a sin. When violence assails us.' " This circumstance reminds me of my professional debut iu Charleston, some ten, or twelve, or more years ago, when one of your Honors, whom I have in my eye,* was then and there, one of my judges. And although I was defeated, and hardly defeated, still, I retain a vivid recollec- tion of the dignified sympathy and sensibility of his Honor, Judge Waties, on that trying occasion. His Honor, Judge de Saussure also, then at the bar, at the instance of my friend Lightwood, alas ! since dead and gone to his account, had the goodness, with the kindest promptitude and alacrity, to make some introductory and very favorable observations on my subject. And I hope, their Honors will not be displeased at the liberty I take in presenting to their minds, this, to me, at least, pleasing image of agreeable reminiscence. I know where I am. I understand perfectly well the genius of this Court. Nothing burns here, but the lamp of legal science. Lighting, then, my slender taper at this glorious fountain of illumination, and holding it in my hand, I pro- pound for the consideration of the Court the following questions, namely : — " First, whether a will or devise may be revoked or in- validated pro tanto, or in part only ? " Secondly, whether the one or the other may be re- voked or invalidated, in Avhole, or in part, by importunity or undue influence alone ? " Thirdly, if neither can be so revoked or invalidated by importunity, singly, whether, if with this strong circum- stance of improper influence, there be connected facts or transactions indicative of fraud, a will or devise may not be in whole, or in part, revoked or invalidated ? " Fourthly, whether, for this purpose, parol CAidence may be admitted to prove fraud, or undue influence ? " The fifth and last question which I shall propose, arises out of the construction of the Act of eighteen hundred and eight, — the institutional and organic Act of this Court. It is this : whether upon a fair, rational, and correct con- Bowing to Judge Waties. HISTORY OF THE OLD CHERAWS. 493 struction of that Statute, the old, firmly established, long praetised remedies by re-hearing or bill of review, should be eousidcred and adjudged to be abolished, and the right or privilege of appeal to this Court substituted in loco, or in place of those remedies ? " Numerous otber questions, out of this ease, might no doubt be raised and suggested by subtle and learned inge- nuity, — for what subject may not be infinitely ramified ? — but these, and particularly the last, as being a preclusive question, if decided against the remedies by re-hearing or bill of review, appear to me to be the principal or most important." After treating these questions at great length, in M^hich not only many legal authorities, but other authors, as Shak- speare, are learnedly discussed — he goes on to notice in much detail, and expose the many errors connected with the previous proceedings both at law and in equity, and concludes in the following strain : — " May it please your Honors, — Shall I be permitted to subjoin a few words more, on my own little subject ? Yes. Ipse de me scribam. Inheriting a very delicate constitution, suff'ering almost perpetual ill-health, possessing a disposition, not of the most Soeratic kind, and a temper not formed of the sternest stuff, — subjected before twelve years of age to that orphanage which springs from the grave, — east out, at this late day, from the moorings of the hearth, and dis- missed from the ' mild majesty of private life,' — is it a matter of the smallest wonder that I should have run into some eccentricities ; that I should have indulged in some little aberrations from the strict line of perfect rectitude ; that I should have yielded for a moment to those amiable frailties, those ' sweet follies, which should be known to friends alone, and men of generous minds ?•* Have not some of the finest and fairest characters in history, been guilty of still stranger deviations from the rigid rules of morality ?" {Collateral Remarks.) — " May it please your Honors, in making this observation I did not intend, merely to appeal to the general reading and opulent memory of the Court. But, passing by the case of Csesar, who wept before the 494 HISTORY OF THE OLD CHERAWS. statue of Alexander^ because, at his age, lie had performed no action worthy the pen of the historian ; and descending a long tract of time, I cannot refrain from citing, as a most signal instance, the character and conduct of Charles James Fox. With him, as with most other elevated souls, pru- dence was not the favorite virtue. Nor is this to be wondered at ; for genius, generally built on strong passions, is the most sublime and effervescent principle in nature. "■ That great and amiable man, after having lost and won, and lost again, his immense patrimonial estate, — after having been abandoned by all his friends as a victim to his vices, — possessed so much sensibility, so much fortitude, so much intelligence, such a just and manly confidence in his many virtues, in his fascinating manners and his gigantic talent, — that, recalling his recollection, and shaking himself into returning energy,— like another phoenix, he arose out of his own ashes, and presided over the destinies of a great empire. Acliilles was vulnerable in the heel. Nations are subject to strange and frightful ebullitions. Nature herself is irregular. A superior influence, irresistibly, and at will, guides and controls the destinies of the physical and moral world. The lofty stem of the pine yields like a sapling to the force of the tempest. The robust poplai', with his vigorous roots, also bows before the overruling energies of nature. So, even so, it is with man. The great Napoleon himself, — that unrivalled master of the sublime science of war, that moral volcano, which has thrown out suchbitter substance, — submits, with profound and dignified humility to a ruthless climate, — fairly and greatly acknowledges, in the face of Europe, and of the world, the imperious power of inveterate circumstances. At a still later period, on the final catas- trophe of the grand tragi- comic drama of France, and of Europe, this distinguished personage, this modern Caesar, exhibited no less strikingly and gloriously for himself, the fortitude, combined with the sensibility of a man, and of a hero. But to return — As for myself, may it please your Honors, in the peaceful, noiseless tenor of my way, I have been for years rolling the stone of Sisyphus. Once did I flatter myself, that I had securely planted it on the summit of the mountain, and assumed a commanding attitude. But, HISTORY OF THE OLD CHERAWS. 495 fortune frowned, tlic political horizon thickened and blackened, this disastrous case, like the ghost of Brutus, stalked before nie, — these successive causes, eventually combining and co- operating, with united and irresistible energy seized me by the top, and again hurled me to the bottom. In this humble and prostrate posture, whilst I feelingly own with Cardinal Wolsey, — making all due allowance for comparative elevation and depression, — ' the blessedness of being little,' — let me, at the same time, surpass in religious resignation that ambitious prelate, and submit to the revengeful reverses of fortune, with manly dignity and philosophic fortitude. The master orator of the French Revolution, no less forcibly than beautifully observes that, ' reputation is the flame upon the altar; cease to feed it, and it expires/ Sincerely penetrated and deeply impressed with this great truth, — it is my firm and fixed resolution to weave up all my follies, and in future, to hold, if possible, my ' course unfaltering, up the steep ascent of virtue,' and manfully and steadily to direct all the energies of my mind and body, to the enviable acquisition of a ' local habitation and a name/ " With this view, and for the accomplishment of this high purpose, I should have selected, had health permitted, this city, on account of its many great and singular advantages, as the place of my permanent residence, and the theatre of my future exertions. The College Library, of itself, would have been a great consideration and inducement. That superb and spacious accommodation of science, which reflects so much honor on the wisdom and liberality of the State, is destined, in a few years, to produce a Avonderful revolution in the state of society and of literature in our infant Republic. No longer will the eye of liberal curiosity and anxious inquiry be directed to a particular city, or a particular section of the State, in search of men of genius and of learning. They will be found here ; they will be found everywhere; they will be found seated at the foot, and under the black and frowning brow of bald and sterile mountains, — contemplating the sublime beauties of nature, and causing her to startle at the vast penetration of man, which can lay open and reveal her own mighty and occult secrets, and even probe her to the quick. 496 HISTORY OF THE OLD CHERAWS. " May it please your Honors : after tliis exertion, may I, dare I^ lay hold of a small corner of the skirt or robe of fame, and holding that in my hand, and following the high example, and supporting myself by the great name and authority of Montesquieu, assume and repeat, with him, and after him, the lofty sentiment of Correggio, — ' And I also am a painter V " May it please your Honors : I close in the style — excuse the association — of Sheridan^ and of our Saviour : ' I have done ' — ' It is finished/ '"'* To this speech Major Blanding replied, and Mr. Hooker concluded the pleadings for the appellants. On the last day of the term, the opinion of the Court, adverse to Mr. Lide, was pronounced by Chancellor de Saussure — precluding all further appeal to that tribunal. This was in December, 1814. As a last alternative, Mr. Lide presented a memorial to the Legislature during the session of 1816 — setting forth briefly the history of the cause from its beginning — urging the errors into which the Courts had fallen, and the example of a celebrated case in England, in which, the parties having failed in the Courts, Parliament granted relief. Referring to this precedent^ he says in conclusion : " That was nobly done. Now, I ask, will a republic be less generous than a monarchy ? Surely not. Your memorialist, therefore, in honest confidence, respectfully prays this honorable body, to refund to him out of the treasury of the State, in imitation of the British example, the amount of which your memorialist has been thus wi'ongfully deprived by a Court of ulterior decision, — or to grant him such other relief as to your wisdom shall seem meet. " And your memorialist further suggests, that before such a state of things should any longer be suffered to exist. * " The concluding sentences," Mr. Lide adds in a note, " from their brevity, and from a natural wish to close with dignity, were pronounced recitatively ; but I was not a little mortified on being informed that that tone of voice, between common speech and song, should have been mistaken by the audience, respectable and enlightened as it was, for actual singing. Considering the greatness and solemnity of the occasions on which these expressions were used, and also theii* conciseness, I am, myself, convinced that 1 acted with taste and judgment." HISTORY OF THE OLD CIIERAW3. 497 your memorialist, for one, would rejoice to see the proud temples of legal seience topple on their warders' heads^ thorns and thistles grow and flourish on their consecrated foundations, and the mournful turtle-dove utter her melan- choly note, where the goddess of justice should have sat enthroned." The memorial Avas referred to a special joint committee of both Houses, of which the late Governor John Lide Wilson was one. Mr. Lide was requested to appear and plead his cause before the committee. He did so ; and came in a costume as singular,* as his appearance was wild and haggard. Every exertion of his genius and eloquence had hitherto failed. Breaking forth, as a final effort, with expiring splendor, his varied powers were all brought into commanding requisition. It was to be the triumph, or the failure of his life. The committee gave him a long and patient hearing, for the case had now become one of peculiar and mournful interest, — added to which, his character, his geniusj his declining fortunes, and previous efforts in the cause, had given him a sad celebrity. With the progress of his speech, the excitement, even with that select body of legislators^ became painfully intense, and when he closed, in the words and recitative style of his last effort before the Court — " I have done — It is finished,^^ — every member of the committee was bathed in tears. f Though the personal interest he excited was deep and universal, relief was not granted ; and shortly after, the flickering taper, which had thus been kindled by the stimulus of the occasion into a flame of unearthly brightness, was extinguished in death ! It was equally a misfortune for himself and the State, that adverse circumstances at an early period should have given a morbid direction to Mr. Lide's character and subse- quent course. Continued disappointment only served to increase this disposition and, as a fatal canker, it ate out his * He appeared in a blanket, as his outer garb, with hair dishevelled, sunken, piercing eyes, and huge folios of the law in strong array. t Governor Wilson described it to the Author, with evident emotion even then, though nearly forty years had passed away, as a scene surpassing the power of language to pourtray. K K 498 HISTORY OF THE OLD CHERAWS. life. It led to an irregularity of habit and unsteadiness of purpose, whicLi precluded the possibility of success. He was not more fond of the law as a study, than devoted to literary pursuits. His speeches throughout abound with allusions indicative of a richly stored mind. Shakspeare, of all others, was his text-book, and in the depths of that universal genius, few, perhaps, have ever been more pro- foundly versed. His familiarity with, and command on all occasions of this great author, are said by those who remem- ber him, to have been extraordinary. The late Hugh S. Legare, of Charleston, the Cicero of Carolina, who heard him on one of the memorable occasions connected with the case to which attention has been given, is reported to have said, that Mr. Lide was the greatest genius he had ever seen ! A similar remark was also made by the celebrated Dr. Maxcy. In his death Pedee mourned her most erratic, but one of her most gifted sons. His mantle, rare and peculiar as it was, has fallen upon no other since. HISTORY OF THE OLD CIIERAWS. 499 CHAPTER XX. Samuel Wilds— His early life — Filial devotion — Admission to the Bar — Un- bounded popularity — His election to the Legislature — Made Solicitor — Pro- motion to the Bench — Impression made upon the people — Ch;irge to the Grand Jury of Abbeville District — Feeling expressed by the Grand Jury — Sentence on Slater — Sentence on John Tollison — His last Court in Charleston — His death — Its eifect on the public mind— Proceedings of Bar of Charles- ton — Proceedings at Sumpter — Obituary notices — Lines suggested by his death. Mention has been made of a few of the more distin- guished of those who had been among the early pupils of the academy of St. David's. There was another, the brightest of the rising stars in her firmament when the sun of the last century went down on the Pedee. Samuel Wilds is a name, in the language of the late venerable Chief Justice of South Carolina, " which chal- lenges respect even after he has rested in the silence of the grave for nearly fifty years.'''' He was the second son of John Wilds, and born March 4th, 1775, in that part of Cheraw District which subsequently became Marlborough County.* His father died early, leaving a large family, whose support devolved chiefly on Samuel, who was then a youth. In mind and character his mother was no common woman, and from her, doubtless, the superior traits of the son were inherited. Her virtues inspired respect in all who knew her, and commanded, on the part of her noble son, the most affectionate and touching veneration. She is sg^d by one Avho knew her, to have been " a distinguished lady for her day.'' His brother, John, was a young man of remarkable promise, but died just as he had prepared himself, as a physician, for entering on the work of life. * Judge O'Neall is mistaken in supposing Darlington the place of hi nativity. K K 2 500 HISTORY OF THE OLD CHERAWS. To his education and advancement, the subject of this notice had devoted himself with unsparing solicitude. The early life of Samuel Wilds was a period of sore and continuous struggle against seemingly adverse fortune. The fruits of his youthful labors were mainly devoted to the support and comfort of his mother and her helpless family. But a portion of his time and slender means, as a consequence, could be devoted to his own improvement. He acted, when quite young for such a position, as local deputy sheriff of the district, was also assistant for a time under Thomas Park, in the academy of St. David's, and afterwards became the Principal. This school was his only alma mater. The filial devotion which he exhibited* with unwavering constancy, through years of trying priva- tion, was the most beautiful trait in the character of young Wilds, and continued to be its brightest ornament, after he had reached his maturity and was crowned with the lustre of august position and distinguished fame. It was a solid basis for greatness, other elements of strength being added, and a model for the young of every generation. It was not until his twenty-third year, every difficulty having been surmounted, that the first summit in his nobly aspiring career was reached, in his admission to the Bar, of which he was soon to become the ornament and pride. During the same year, he became a candidate for popular favor, but being yet comparatively unknown, and with strong influences opposing him, lost his election to the House of Representa- tives by a small minority. About this time he married Elizabeth, daughter of Captain Wm. Dewitt, who contri- buted largely to his happiness, and survived him many years."^ One of his first speeches was made at the Bar of Sumpter, in a case for which he had been retained by Daniel Du Bose. His success was complete. It was in the early stage of the court ; and such was the effect of his eloquence, that many clients came to him at once and secured his services, giving him a good practice at the start, and an * This excellent lady subsequently married Dr. Thomas Smith, of Society Hill ; a pattern of the wife, mother, friend, and Christian. Dr. Smith yet remains, after a long life of usefulness and honor, one of the very few left of that generation. HISTORY OF THE OLD CHERAWS. 501 established reputation as a lawyer tlirougliout tlie circuit. It was an almost unexampled instance of the kind, Ilis popularity^ the spontaneous tribute paid to his exalted worth, was now so great, that in the election of 1802, as already stated, he was triumphantly elected to the Legislature. In December of that year, he was made solicitor of the Northern and Eastern Circuit. This position gave him a wider field for the display of his peculiar powers, and brought him more geuerally into notice. The result was, that two years after, he was elected judge, and took his seat on the bench before the completion of his thirtieth year. He had then been but six years at the Bar, to which he was admitted with slender opportunities for preparation. Yet, so rapidly had he mastered that system and those principles which he was now to administer and elucidate, that the ermine sat as easily and gracefully upon him as if he had passed through the most thorough course of study and a practice of many years. A deep impression was made upon the people of the State wherever he travelled his circuits for the first. To a commanding and handsome person were added a dignity and simplicity, with a winning ease and grace of manner,"^ which inspired profound respect and captivated every heart. His charges were learned and instructive, and his sen- tences pathetic and eloquent. Of the former, one specimen is fortunately yet extant. It ajDpeared in the Charleston Courier, of INIay 5, 1807, with some prefatory remarks by the Editors, showing the impression made upon the public mind at the time. * It is related of him, that while holding his first Court in Charleston, a large ball was given, to which, with other dignitaries. Judge Wilds was invited. He was not provided with the usual dress for such an occasion, and pleaded that as an excuse for not attending. His friends, however, furniahed from their own wardrobes what was wanting, and no alternative was left but to make his debiit. Chancellor De Saussure, himself a model of elegance, felt some ap- prehension how his brother, for whom he had a high regard, and raw, as he thought, from the country, would sustain himself, and with another friend, kept near him for a while as a support. He was introduced to a lady, who complained that the lights were not burning brightly. He instantly replied, in his liappiest manner, " that with such brightness as he saw beaming from the beautiful eyes around liim, the light could not grow dim ;" upon wliich, the Chancellor re- marked to his companion, " That is enough ; Wilds can take care of himself, and we may go about our business." 502 HISTORY OF THE OLD CHERAWS. The estimate placed upon it by the grand juiy, to whom it was addressed, is sufficiently indicated by the language of the presentment and the request appended to the charge. " We call the attention of our readers to the very excel- lent charge of Judge Wilds, which occupies so large a part of this day^s paper. The good sense, sound policy, and genuine patriotism which it contains, render it deserving of the most attentive and serious perusal. " We sincerely hope that his liberal sentiments may be productive of all the good they are so well calculated to produce. " (charge delivered by Judge Wilds to the Grand Jury of Abbeville District, on Monday, 16th of March last, and pub- lished at their request. "• ' Gentlemen of the Grand Jury : " * You have so often, I apprehend, had your duties as grand jurors explained to you, and the regular organiza- tion of our courts has given such frequent occasions to the exercise of these duties, that perhaps it may be unnecessary for me, at this time, to address you on that subject ; however, as I consider them of great importance, both to the commu- nity and to yourselves, and believe it impossible that their nature and extent can be made too familiar to your minds, I claim the indulgence of a few observations. " ' The great outlines of your duty are strongly marked in the solemn and impressive oath which has been just admi- nistered to you. '' You shall diligently inquire and true presentment make of all such matters and things as shall be given you in charge. You shall present no one from envy, hatred, malice, or ill-will ; neither shall you leave any one, unpresented, from fear, favor, affection, or hope of reward. ^^ " ' As the Grand Inquest of your District you are charged with the inquiry, whether the laws have been faithfully observed and executed ; and this delicate trust you arc sworn impartially to discharge. Upon your accusation alone will the Court entertain even the suspicion of guilt against the most obscure individual : and, on the other hand, when once you have preferred such accusation, neither the most HISTORY OF THE OLD CHERAWS. 503 dignified station, nor the most exalted endowments, can screen the person accused from the necessity of publicly vindicating his innocence, or of submitting to the penalties prepared for guilt. Under this stern despotism of the law are completely levelled all those artificial distinctions which the refinements of civil society are continually imposing on mankind. " * It is, after all, gentlemen, in the temple of justice alone that the high and the low, the rich and the poor, are brought to feel their original equality. Well has the patriot and philanthropist regarded the trial by juiy as one of the strongest evidences of national freedom ; for so long as the benefits of this mode of decision are within reach, neither the bold attacks nor the secret approaches of lawless power can long oppress with impunity. In proportion, then, to the importance of your present functions, should be your exertions for their faithful discharge. Whilst, on the one hand, no artifice should secure the guilty from your animadversion, your cautious scrutiny, on the other, should form a rampart of security around the innocent." " ' It is no apology for an over-hasty and groundless accu- sation preferred by a grand jury, that the person accused, before he can be made liable to the penalty of the law, must be again found guilty by another jury after a more strict and solemn inquiry ; for besides the expense and vexation which it may occasion to procure a discharge, an acquittal by the petit jury will not entirely wipe away the reproach of having been esteemed guilty by a grand jury, equal at least in number and equally bound to do impartial justice. You all know and feel the value of character, and I can recommend no better rule by which you should discharge your present duties than that which should influence the discharge of every other duty, namely, " do unto others as you would have them do unto you." " ' Besides the examination of such bills as shall be laid before you by the attorney on behalf of the State, there are a variety of other matters subject to your cognizance and animadversion ; and though this power, in its first exercise, be merely censorial, not of itself subjecting those against whom it is directed to legal punishment, I will venture to 504 HISTORY OF THE OLD CHERAWS. promise^ should your investigations present to view offences requiring corrections more forcible than censure, such cor- rections will not be withheld. " 'Everything relating to the internal policy of your district is properly a subject of your inquiry ; such, for instance, are your public roads, highways, and bridges. The great importance of good roads to every country none will deny. But, to a country situated like yours, remote from every advantage of water carriage, good roads are all-important. The widely-spreading progress of population and agricul- tural improvement in your district, well adapted by nature to the cultivation of our staple commodity, renders inex- cusable the present state of your public roads. Perhaps there is no circumstance which so strongly marks the pro- gress of a country in civilization as attention to their public highways. We find amongst the first objects which have attracted the attention of nations but just emerging from barbarism, some rude attempt to facilitate their intercourse by roads ; and it is one, among the first instances, in which the solitary, selfish independence of the individual is brought to yield something for the public good. But, were this the only test by which to ascertain the advancement of a country in civilization, I should greatly flatter you, gentle- men, did I not tell you your progress was small indeed. " ' If you should think as I do, that those to whom the laws have confided this branch of police, have shamefully neglected their duty, it becomes yours to say so ; and upon your presentment, the Court will direct such measures as will, in all probability, occasion more attention to this sub- ject in future. Such, also, are the laws relative to the performance of patrol duty, and the government of slaves. These laws are strict, and policy requires they should be strictly observed ; and it will be a departure from duty in you to suffer any known violation of them to pass unno- ticed ; and such are all offences against the laws, either of omission or commission, either in any of your public func- tionaries, or in private individuals, which may come to your knowledge, and which have not otherwise been brought to the view of the Court. Another branch of jurisdiction which I hold to be legitimately yours, is the office of Censors, HISTORY OF THE OLD CHERAWS. 505 exercised by grand juries, over the private vices and im- moralities of individuals. It is my duty, however, to inform you, that this power, as incidental to your body, is ques- tioned by many, and denied to you by some. Under institutions like ours, resting entirely upon public opinion, where so much depends upon public virtue, I consider its existence somewhere of first necessity. The spiritual cen- sures to which, in other countries, many of these offences are consigned, in a country like ours, where every person worships his Maker as he pleases, or impiously refuses to worship him at all, would indeed be feeble; and I am aware of no rule, legal, political, or moral, which denies to you the right to express, either as a body or individuals, either privately or publicly, to individuals, to the Court, to the Legislature, or to the world, your abhorrence of vice and its perpetrators. There are a great variety of dvities which society imposes on us, upon the performance of which its welfare very much depends ; and as many vices, de- structive of its interests, which should be prevented, that acknowledge not the coercion of municipal law. The im- possibility of reaching the evil by legal remedy has left the performance of these duties, and the prevention of these vices, entirely dependent upon moral rule. That drunken- ness, lying, duplicity, ingratitude, lewdness, and debauchery, amongst a variety of other offences of the same descrip- tion, are evils seriously injurious to society, none will deny ; and that any adequate punishment is provided for them by the laws, none will pretend. They can only be pre- vented, then, by their strong repugnance to the moral sense of the community, and by the reprobation of the influential and virtuous. The dread of being dragged into public view by the penetrating scrutiny of an impartial grand juiy, and of having their vices exposed to the animadver- sion of the world, will prevent many from offending. Should you feel it your duty to exercise this power, you will at once see the importance of proceeding with great delicacy and caution. Grand Juries frequently exercise the privilege of expressing, as a body, their opinions on matters of public concern ; and Legislatures, as far as I have observed, uniformly treat such opinions with respect. As from the 506 HISTORY OF THE OLD CHERAWS. manner of their organization^ grand juries have every opportunity of expressing the public sense of their respec- tive districts, it would, indeed, be a very great want of wisdom in Legislatures to preclude themselves from such correct sources of information. " ' Should you be of opinion that any particular vices stalk with impunity through the land for want of legal power to punish them — should you be of opinion that any of your rights, either public or private, are not sufficiently acknow- ledged and protected by the laws of your country, you have the privilege to tell the Legislature so. " ' In making you acquainted with your privilege in this respect, I have done my duty ; to attempt to direct the exercise of this privilege, would be a departure from it. Should you conclude to address the Legislature, there is one subject, however, to which I will venture to invite your attention, particularly as it is not likely to awaken any of those discordant passions which so often convulse the social fabric, and render man the enemy of man, but will more likely soothe existing asperities, by producing one honorable instance at least, in which the enlightened and virtuous of every party do cordially unite. " ' The subject to which I allude is education ; and I sug- gest to you the propriety of recommending to the Legisla- ture the adoption of some general system by which the blessings of information may be widely disseminated through our country. This interesting subject has, for a considera- ble time past, deeply occupied the public mind ; and though, from the novelty of the thing, and the particular local cir- cumstances of our country, difficulties have arisen which have not been obviated, yet I am confident they must shortly yield to reflection, experience, and perseverance. The pros- perous situation of our finances invites to the present as an auspicious time for effecting some arrangement of this sort ; and the warm recommendation of grand juries will keep alive the generous propensity for some time entertained on the subject by the Legislature; and receive the support of every enlightened patriot and good man. The importance of knowledge, particularly in a government like ours, is felt by all ; for besides ameliorating the affections of the human HISTORY OF THE OLD CHERAWS. 507 heart, and amplifying the range of social enjoyment^ know- ledge is the only sure correction of the diseases to which our body politic is ever liable. The abuse of public confi- dence will be best prevented by enlightening the public mind. The great bulk of the people, in matters of public concern, always act from honest motives, and never do wrong but in the endeavour to do right. General informa- tion, by enabling them to discriminate the modest preten- sions of merit from the hollow professions of the designing demagogue, by discovering to them that, in political philo- sophy, there is a point in improvement at which abstract speculation should yield to practical experiment, would cer- tainly prevent many improprieties into which they are un- intentionally, but sometimes unavoidably led. " ' The important stations which the individuals of our community occupy, render it not only a matter of humanity, but of sound policy, to extend to those who lack the means of acquiring information, the public assistance. Born eveiy man in a measure his own legislator, the public bounty surely could not be better employed than in qualifying each, as far as practicable, for the exercise of such dignified pri- vileges. " ' However the sports of fortune, or the tendency of civil institutions, have rendered unequal the conditions of men ; as to political rights all are equal. The arrogant preten- sions of rank and the haughty domination of hereditary folly are not acknowledged in our system of government. The highest offices are open to the claims of the most obscure individuals ; and you need not be told, gentlemen, that upon such individuals a generous public have sometimes bestowed their confidence, even in advance. There is, therefore, every inducement to direct the public patronage towards the edu- cation of our youth. Much, very much, it must be con- ceded, has already been done by the Legislature establish- ing, under their own immediate auspices, at the seat of Government, a seminary of the first respectability. From its central situation, its benefits are equally accessible to eveiy part of the State ; and from its liberal support, an education may be finished here with equal advantage, in my opinion, and perhaps with less expense, all things considered, than at 508 HISTORY OF THE OLD CHERAWS. any institution of equal rank on the Continent. Placed under tlie immediate direction of the principal officers of Govern- ment, with other trustees of equal responsibility, its success and their reputation are closely united. The sons of this institution enjoy the singular advantage of exhibiting to their countrymen, annually assembled, from every part of the State, the earliest testimonies of their talents, and of having ascertained, before they step forward in the theatre of life, their probable success on it, '' ' The child of but yesterday, nursed but a short time by the public affection, the South Carolina College, rises rapidly into eminence, exhibiting a success which its ene- mies never feared, and its most sanguine friends scarce ever hoped. " ' The probable consequences resulting from this institu- tion, render its establishment, in my estimation, amongst the most important acts of our State Legislature. Here, a liberal education may be acquired, without contracting habits and sentiments not native to our clime, nor congenial to its interests. Here, the young men of our State are formed, as it were, into one large family, and the early friendships contracted will unite them through life as bro- thers, without regarding the places of each others' residence; and the present jarring suspicions and supposed contrariety of interests between different parts of the State will be found to yield to offices of mutual kindness and more enlightened policy. Intellectual worth will no longer be ascertained by geographical boundaries, weakly conceived, and wickedly marked out ; nor political rights depend upon propinquity to the sea, the sand-hills, or the mountains. Few, I appre- hend, who possess the means, will neglect the present favor- able opportunity of educating their sons, and fitting them for future usefulness. " ' But, tmfortunately, gentlemen, even in our own favored country, a very large portion of its citizens are not possessed of these means ; poor and friendless, they aspire not to the procuring for their sons blessings never enjoyed by them- selves. And shall these numerous children of misfortune be entirely excluded from those dazzling meeds with which science rewards her votaries ? Shall our country be de- HISTORY OF THE OLD CHERAWS. 509 prived of the intellectual services of that class of our fellow- men on whom geniiis is most apt to lavish her favors ? " ' Policy and humanity forbid it. Those astonishing en- dowments of mind which exalt the human character are, perhaps, oftencr found beneath the humble cottage than in the stately mansions of the great. A very large proportion of those sages and heroes who have adorned the ages in which they lived, were educated in the schools of adversity. A benevolent Providence is, by this means, continually levelling down those haughty arrangements which the pride of families, and vanity natural to man, are ever willing to raise up. " ' You are called together, gentlemen, for the purpose of punishing vice and protecting virtue. You are intended to be a terror to those who do evil — a praise to those who do well. It cannot, I hope, be necessary to remind you to act worthily of the character you have assumed ; and that it would be un- pardonable in you to neglect those virtues which you have promised to promote, or to practise those vices which you have sworn to punish.^ " The Grand Jury, having made presentments on education, roads, &c., as suggested by his Honor, concluded with these words : — " We beg leave to return our thanks to his Honor, Judge Wilds, for his deliberate and punctual attention to the business of this Court, so far as it has progressed. " We sincerely reciprocate his sentiments, delivered at its commencement, so strongly expressive of his wish for the promotion of the harmony and happiness of our common country. We hope we may be permitted to request a copy of his charge to our body ; and recommend that it, together with the foregoing presentments, may be published in some public newspaper in this State. " John Arnold, Foreman. " Abbeville, March Term, 1807." The utterance of such sentiments, so well expressed, as were those of this charge, was well calculated to touch the popular heart, and lead the public mind aright. When it is remembered how limited his own opportunities of education had been, the few years of study which had followed his 510 HISTORY OF THE OLD CHERAWS. admission to tlie Bar, and the yet comparatively early age of Judge Wilds, this production, both as to excellence of matter, and correctness and dignity of style, is worthy of all praise. The famous sentence* passed upon Slater for the murder of his own slave, gave to the name of Judge Wilds a world- wide celebrity. It made a deep impression, not only in this country, but in England. It appeared soon after its delivery, or portions of it, in the books of oratory of the day ; and as Judge O'Neall justly remarks, " is a beautiful and eloquent specimen of his powers." It was in these words : — " John Slater ! You have been convicted by a jury of your country for the wilful murder of your own slave ; and I am sorry to say, the short, impressive, uncontradicted testimony, on which that conviction was founded, leaves but too little room to doubt its propriety. " The annals of human depravity might be safely chal- lenged for a parallel to this unfeeling, bloody, and diabolical transaction. " You caused your unoffending, unresisting slave, to be bound hand and foot, and by a refinement in cruelty, compelled his companion, perhaps the friend of his heart, to chop his head with an axe, and to cast his body, yet convulsing with the agonies of death, into the water ! And this deed you dared to perpetrate in the very harbor of Charleston, within a few yards of the shore, unblushingly, in the face of open day. Had your murderous arm been raised against your equal, whom the laws of self-defence and the more efficacious laws of the land unite to protect, your crime would not have been without precedent and would have seemed less horrid. Your personal risk would at least have proved, that though a murderer you were not a coward. But you too well knew that this unfortunate man, whom * It is not a little singular that this production is not to be found in the newspapers of Charleston of the time. The Author, at least, after a diligent search, failed to find it, or any allusion to it, in the files of newspapers in the Charleston Library. It was found by Judge O'Neall in the " Key to Uncle Tom's Cabin," after a vain search elsewhere. HISTOKY OF THE OLD CHERAWS. 511 chance liad subjected to your caprices^ had not, like your- self, chartered to him by the laws of the land the same rights of natui-e ; and that a stern but necessary policy had disarmed him of the rights of self-defence. Too well you knew that to you alone he could look for protection, and that your arm alone could shield him from oppression or avenge his wrongs ; yet that arm you cruelly stretched out for his destruction. " The counsel who generously volunteered his services in your behalf, shocked at the enormity of your offence, endeavored to find a refuge, as well for his own feelings as for those of all who heard your trial, in a derangement of your intellect. Several Avitnesses were examined to establish this fact ; but the result of their testimony, it is apprehended, was as little satisfactory to his mind as to those of the jury to whom it was addressed. I sincerely wish this defence had proved successful ; not from any desire to save you from the punishment which awaits you, and which you so richly merit, but from the desire of saving my country from the foul reproach of having, in its bosom, so great a monster. " From the peculiar situation of this country, our fathers felt themselves justified in subjectmg to a very slight punish- ment him who murders a slave. Whether the present state of society requires a continuation of this policy, so opposite to the apparent rights of humanity, it remains for a subse- quent Legislature to decide. Their attention ere this would have been directed to this subject, but, for the honor of human nature, such hardened sinners as yourself are rarely found to disturb the repose of society. The grand jury of this county, deeply impressed with your daring outrages against the laws of both God and man, have made a very strong expression of their feelings on the subject to the Legislature, and from the wisdom and justice of that body, the friends of humanity may confidently hope to see this blackest in the catalogue of human crimes pursued by appro- priate punishment.* * Judge O'Xeall adds the following note (see his " Bench and Bar of S. C," vol. i. p. 104) : — " The punishment under the Act of 1740, § 38, under which Slater was convicted and sentenced, was a fine of £700, currency — equal to £100 Bterling — which, at 4*. 8cf. to the dollar, is $428, 57-100 — and incapacity to 512 HISTORY OF THE OLD CHERAWS. " In proceeding to pass the sentence which the law pro- vides for your offence, I confess I never felt more forcibly the want of power to make respected the laws of my country, whose minister I am. " You have already violated the majesty of those laws. You have properly pleaded the local law, under which you stand convicted, as a justification of your crime. You have held that law in one hand and brandished your axe in the other, impiously contending that the one gave a licence to the unrestrained use of the other. " But though you will go off unhurt in person, by the present sentence, expect not to escape with impunity. Your bloody deed has set a mark upon you which I fear the good actions of your future life will not efface. You will be held in abhorrence by an impartial world, and shunned as a mon- ster by every honest man. Your unoffending posterity will be visited for your iniquity, by the stigma of deriving their origin from an unfeeling murderer. Your days, which will be but few, will be spent in wretchedness, and if your con- science be not steeled against every virtuous emotion — if you be not entirely abandoned to hardness of heart — the mangled, mutilated corpse of your murdered slave will ever be present in your imagination, obtrude itself into all your amusements, and haunt you in the hours of silence and repose. " But, should you disregard the reproaches of an offended world — should you hear with callous insensibility the gnaw- ings of a guilty conscience — yet remember that an awful period is fast approaching, and with you it is close at hand, when you must appear before a tribunal whose want of enjoy or receive the profits of any office, place, or employment, civil or military, and if unable to pay this fine, then imprisonment for seven years. The Act of 1821 charged this trifling punishment for what Judge Wilds justly called ' the blackest in the catalogue of human crimes,' to death." His eloquent tongue had been silent in death nearly eleven years, when the " wisdom and justice " of the Legislature yielded to the " hopes " of the " friends of humanity." " At my instance," continues the judge, " my friend Daniel Horlbeck, Esq., caused the records to be examined, to ascertain when the above sentence was pronounced, and strange to say, nothing can be found. There is no Sessions docket or journal, until 1833, now extant. No indictment against Slater can be found. I presume the sentence was pronounced in 1807." This is confirmatory of the fact stated in the preceding note, that the sentence was not published in the city papers of the time. HISTORY OF THE OLD CIIERAWS. 513 power can afford you no prospect of impunity — avIicu you must raise your bloody hands at the bar of an impartial, omniscient Judge. " Remember^ I jiray you remember, whilst you yet have time, that God is just, and that Ilis vengeance will not sleep for ever/' An occasion like this called forth the peculiar powers of Judge Wilds, touching, as it did, the tenderest sensibilities and stirring iip the emotional depths of his nature. The sympatliies of the man were not swallowed up in the stern sense of duty in the upright judge. It was here that he appeared good as he was great. Another prodnction, and the last of those emanating from him which has been preserved, though it seems not to have attained such celebrity, deservedly takes rank with the sen- tence passed on Slater, It was published in the South Carolina Gazette, of Wednesday, May 3rd, 1809, with the following remarks prefixed^ viz. : — " Eloquent and Impressive. " At the Court of General Sessions of the Peace, holden at Union Court House, in March Term last, before the Honorable Judge Wilds, John Tollison was tried and found guilty of the wilful murder of John Mathis ; and when the unhappy criminal was brought to the bar, to receive the sentence of the law, the following eloquent and impressive address was delivered by the judge. The serious impression it made on all who were present, — the faithful, correct, and forcible view it exhibits of the awful and terrific situation of the wretch, who, abandoned to the feelings of humanity, imbues his hand in the blood of his fellow-creature — induced the members of the Bar attending that Court, earnestly to request the honorable judge to commit it to writing, and favor them with a copy ; which request he politely complied with, and by those members of the Bar it is now ofiered to the public : — " John Tollison : "The duty which yet remains to be performed towards you, of all others to me the most awful and distress - L L 514 HISTORY OF THE OLD CHE RAWS. ing, it is my misfortune to be obliged to perform alone. The laws of our common country have commissioned me to announce to you your doom : I hold your death-warrant in my hand. Death, the great destroyer of man, is terrible even in its mildest forms ; though we behold its destructive ravages spread wide around us— though we behold the rich, the poor, the old, the young, the virtuous, the vicious, fall indiscriminately before its deadly scythe, and feel our own fate inevitable, — still we cannot contemplate its frightful approaches, but with the most fearful apprehensions. The awful uncertainties of a future state, the untried vicissitudes of an unknown world, whence none who have gone, have ever returned, appal the strongest hearts ; and like cowards, we groan under the pressure of life's many ills, fearful to draw aside the veil which hides the future from us. But, though death be always dreadful, it is not always equally so. To yield our lives to Him who gave them ; to wait the dread moment on our beds of sickness, surrounded by those we love, whose affectionate concern, whose sympathizing tears, soften the anguish of expiring nature — to die for our native land, to guard its honor on the field of danger, and meet the grim tyrant at the cannon's mouth, though not enough to make him welcome, robs him of half his terrors. But, unfortunately for you, these are consolations which will not support you in your approaching doom. The life which God hath given you, you have yourself most wickedly destroyed — the tender love, the sympathetic tear which would have cleaved to your departing spirit, and winged it for its flight, you have banished by your public disgrace, to pine in hope- less solitude over your untimely fate ; and to the ofiFended justice of that country, for whose honor to have died would have been heroic, you fall a victim. Hung up between the heavens and the earth, — heaven's oldest, gi-eatest curse stamped on the deed you have done ; no friendly voice to bid a long farewell; no friendly hand to close your eyes in death; you will exhibit an awful, but instructive spectacle to the world, and prove that the arm of avenging justice is swift to overtake him who sheds a brother's blood. " I need not remind you, for you cannot have forgotten the circumstances which led to this fatal catastrophe. Your hands HISTOIiy OF THE OLD CHERAWS. 515 yet smoke with the blood of murder, and Matliis's new-made grave makes au impressive appeal to jour memory. Tliiuk not to find a palliation for your offence in the intoxication under which it is said you labored ; nor hope to extenuate its horrors, in the irritation of passion which you endeavored to establish. Your drunkenness but aggravates yoiir crime ; the diabolical fury which drove you on to perpetrate this fatal deed, seems not to have had any exciting cause ; and the insidious, cowardly manner in which you made the attack, the deadly weapon which you wielded, and your unmanly perseverance in inllictiug the deepest injuries on an adversary, who had not made the slightest resistance, nay, who was even unable to raise his hand against you, argue a most savage temperament of soul — a heart black with malevolence, and more than ordinarily depraved. You have had a fair and impartial trial by juries of your own choice, in the selection of whom, even your caprice has been tenderly indulged : you have had the benefit of able counsel, whose manly address to the understanding, whose eloquent appeals to the heart, must have saved you, if even a doubt of your guilt could have been excited ; but alas ! it has all been in vain ; you have been pronounced guilty of the horrid crime of murder, for which you die unpitied. " It will be hardly generous to remind you, for it can now only aggravate your distress, of the many strong inducements which you had to a different conduct. Living in a land of light and liberty,where every right is securely protected^ every virtuous exertion liberally rewarded, — in the vigor of health and prime of manhood, and smTounded by all the means of honest enjoyment, life was surely worth preserving. You have, but my heart sickens at the thought, a wife, who tenderly loves you — you are a father of children, who look to you for bread ; for them at least you ought to have lived. Cruel, thoughtless n^an, what have you done ? Besides robbing these objects, justly dear to your heart, of their only protection and support ; besides turning them on a wide and friendless world, exposed to all the buffctings of scoff and adversity, you have unkindly loaded them with disgrace, which, though they do not merit, they must for ever feel. " But, if the laws pf your country, and your country's L L 2 516 HISTORY OF THE OLD CHERAWS. God ; if the love of life, and its varied enjoyments ; if tlie distress and disgrace of a family you love, were unable to withhold your murderous arm ; yet, believe me, when I assure you, a reason yet more powerful than all, ought to have made you pause ! You have an immortal soul at stake, and have, by this fatal deed, to the manifold trans- gressions of an ill-spent life, added a mountain of guilt. " Your days on earth are now numbered. The sword of death, which hangs uplifted over the frail thread of your existence, ready to drop, will quickly cut it in twain, and those who have known you, will know you no more ! But, though you feel the fatal stroke, hope not in it to find a termination of your woes. It will be the mere prelude to another trial, awfully terrific. Again you will be arraigned at the bar of justice, and the black record of a thousand crimes spread in your view. Again you must raise your trembling hand, but before a Judge, whose penetrating eye will spy the secret corners of your soul, whose power is fearful indeed ! Again you will be confronted with wit- nesses—and, horrible thought, the bleeding, murdered Mathis, probably dragged from the howling regions of despair, will appear in the number; should you again be found guilty, your doom will be interminable woe ! Let me conjure you by every tie which yet has a hold upon your heart, to devote the scanty remnant of your days to serious preparation for your approaching doom \ Strive importu- nately, I beseech you, to secure that Advocate, whose merits are all powerful, whose services alone can save you ; for in the exhaustless fountain of redeeming grace, even the foul stain of murder may be washed clean ! '' The sentence of the Court is, that you be now carried from hence to the place from whence you came, and that on the last Friday in May next, between the hours of eleven in the forenoon and two in the afternoon, you be carried to the place of public execution, in the district of Union, there to be hanged by the neck until your body be dead, and may the Almighty God have mercy on your soul !" The end of a brilliant career was now rapidly approach- ing. It is needless to remark, how much was crowded into a life not more brief than successful, not more singularly HISTORY OF TIIP] OLD CnEHx\.WS. 517 marked by its rapid rise to emiueuce, than tlie inaiuicr in which the highest honors thus early won were borne ! It will suffice to say^ that no man was ever more deservedly popular, more universally beloved, or more profoundly re- gretted in his departure from earth than Samuel Wilds. There was, as we must conclude from tradition and con- temporary testimony, a charm in his manner and co)aversa- tion — in his countenance, his words, his actions, his life — about the whole man, in short, which has seldom, if ever, had a counterpart in any public character. • Taken altogether, judged by what he was and what he did, for his life was short — he had scarcely completed his 35 th year when death overtook him — it may well be questioned whether his native State has ever produced a better or a greater man. His last Court was held in Charleston. It was a most laborious session, tasking his vigorous powers to the utter- most. The work, however, was faithfully done, seventeen hundi'ed suits having been disposed of, to the satisfaction of every party interested. To the last a brightcT lustre was being added to his name. But, his race was finished ! The first intelligence received in the city from the home to which he had returned with fond anticipations, was the announcement of his death. The blow was deeply felt. In all parts of the State his name had become a household word, and was gratefully and admiringly cherished. Adapt- ing himself, without effort, to all classes, he commanded the love and the homage of all. In Charleston, the seat of intelligence and refinement, where he won every heart from the first, the feeling produced by the tidings of his sudden and untimely end, was intense, and the public manifesta- tions of regard, affecting and impressive. In the country, meetings were also held, and every demonstration of respect and sorrow was made for one who w^as, in truth, a universal favorite. Of the action of the Charleston Bar on this melancholy occasion, the Courier of IMarch 21st, 1810, contained the following notice : — " At a meeting of the gentlemen of the Bar in Charles- ton, convened on Monday forenoon, for the purpose of 518 HISTORY OF THE OLD CHERAWS. expressing their respect for tlie memory of the Honorable Judge Wildsj recently deceased, Timothy Ford, Esq., was called to the chair, and a committee appointed to frame resolutions, expressive of the object of the meeting, consist- ing of the following gentlemen, viz. : — The Hon. Langdon Cheves, William Loughton Smith, Esq., Keating L. Simons, Esq., and Charles Eraser, Esq., who reported the following resolutions, which were unanimously adopted, viz. : — ' The members of the Bar of Charleston, being convened on the melancholy occasion of the death of the Honorable Samuel Wilds, one of the Judges of the Court of Common Pleas and Sessions of this State, have entered unanimously into the fol- lowing resolutions : — Whereas, the Bar of Charleston have received with emotions of heart-felt sorrow the mournfid in- telligence of the death of Judge Wilds, and deplore this sad event, not only as a calamity to the public, who are thereby bereaved of an able, upright, and assiduous minister of jus- tice, but as being particularly afflicting to themselves, who were personally and cordially attached to him, as well from a high sense of his professional merit, as on account of his numerous private virtues, and of an uncommon amiableness of disposition and suavity of manners, happily blended with the dignity of deportment suitable to his high station : — Therefore, resolved, that they do, in testimony of their sentiments, most sincerely entertained by them, and as a tribute of affection and respect for his memory, wear crape on the left arm one month from the date of this resolution. " ' Resolved, that the Rev. Mr. Flinn be requested to deliver a sermon^ on the melancholy occasion, and that the members of the Bar do attend the same." " The Carolina Gazette of April 6th, 1810, published the following proceedings in Sumpter : — " Sumpter Court House, March 16th, 1810. " The gentlemen of the Bar at Sumpter Court, having heard of the death of the Honorable Judge Wilds, called a meeting of the members present, to take into consideration in what manner they should express their regret for his loss, * Mr. Flhm preached au admirable discourse, as requested, which was after- wards published. HISTORY OF THE OLD ClIERAWS. 519 and their respect for his memor3\ The Honorable Judge Brevard was pleased, at their request, to attend the meeting, and preside, when they came to the following resolution : — ' We, the members of the Bar of South Carolina, convened at Sumpter Court House, deeply impressed with the loss we have sustained in the death of the Honorable Judge Wilds, deem it equally a privilege and a duty to give expression to cm* feelings by some public mark of the respect we entertain for his memory ; to mingle our tears with those of his family and relatives, to sympathize with his friends, and to deplore, with our fellow-citizens at large, the calamity which has befallen the State, in the loss of one of its greatest ornaments. As a faint emblem, therefore, of the tribute due to departed merit, we do hereby resolve, that we will testify the grief which we feel at the loss of a man so virtuous and beloved, of a judge so able and so distinguished in the discharge of the duties of his office, by wearing crape on the left arm until after the next sitting of the Constitu- tional Court. "Abraham Nott J. G. Mathis John S. Richardson Abraham Blanding John D. Witherspoon James Ervin James S. Dees John B. Miller R. L. Witherspoon Thomas R. Mitchell James Caldwell James G. Spann." W^illiam Grant The Raleigh Star, of INIarch 22nd, 1810, contained the following truthful and touching obituary notice : — " Died, at his seat near Cheraw Court House, on Friday, the 9th of March, the Honorable Samuel Wilds, one of the Associate Judges of the State of South Carolina. In this gentleman, his family, his friends, and his State have sus- tained a loss which will be as deeply regretted as it is irreparable. " He seemed formed by nature to conciliate affection and excite admiration ; for such was the benevolent sunshine of his countenance and the fascination of his manners, that to know him was to love him ; and such was the strength and disinterested liberality of his mind, that to converse with 520 HISTORY OF THE OLD CHERAWS. liini was to receive edification and feel the admiration due to superior intellect. He possessed a vis vivida animi, a rich- ness of imagination^ which^ while it decked with eloquence Avhatever it touched^ displayed with better energy and grace the offspring of his judgment. His progress in life was proportioned to the superiority of his endowments. Holding the first place in the friendship of all who knew him^ and the idol of his fellow-citizens, he rose with rapid strides, though still in his youth, to the first honors of his profes- sion. But, inscrutable are the ways of Providence. He was permitted to rise like the sun, enough above his horizon to give anticipations of the splendor of his meridian elevation, when the dark cloud of death passed over his face, and wrapt him for ever from our view. But he lives, and long will live in the fond and disconsolate affection of his amiable consort and connexions, in the admiration of his friends, and his State will long deplore the loss of the most pro- mising of her sons.""^ The fullest tribute to the memory of the departed jurist, who was, indeed, one of the noblest of men, appeared in the Carolina Gazette, of Charleston, March 30, 1810. It will aptly close the brief sketch of his life which has been given. " Sic transit gloria muncli." " Died, on Friday, the 9th inst., after a short and violent illness,"^ the Honorable Samuel Wilds, one of the Judges of the Court of Common Pleas, and Sessions of this State ; within a few hours of the day which would have completed his thirty-fifth year. The death of this amiable gentleman and excellent citizen, was as unexpected and afflicting, as his elevation to public esteem and distinction, had been rapid, brilliant and well merited. Some account of the rise and progress of a man, so deservedly esteemed and generally lamented, cannot but be acceptable to the community he hath so well served, and particularly to the inhabitants of this city, who have been so recently benefitted by the able and assiduous discharge of his public functions, as a minister of justice. * The disease was pneumonia. HISTORY OF THE OLD CHERAWS. 521 " He was born in jNIarlborougli. District, in this State, of parents, who were of Welch extraction ; and was the ehlcst of a numerous family of young children, whom his father left, at a tempestuous season, to the care of a fond and exemplary mother, with little other inheritance than his own honest fame; with scarce other bequest than a parent's blessing ! But these were enough for the lamented subject of our remarks. A shrewd, sagacious boy, — a docile, obedient child — ere long he began to divide with his mother, the cares of her family, and by a degree of diligence and good management, seldom found in one of his age, he con- tinued to regulate the affairs of their narrow fortune, so as to lessen the toils of his surviving parent, and to augment the sum of her comforts. Yet, he was not contented. 'The young idea beginning now to shoot,' his ardent mind parched with the thirst of knowledge. Alas, his parent had not withal to sustain its appetite. Too kind, however, not to sympathize, too generoiis not to fan its noble flame, her maternal love, by dint of frugality and privation, found the means of gratifying the longings of her darling boy. He was placed by her at the St. David's School, in Cheraws, under the tuition of Mr. Park, a learned and respectable gentleman, now one of the Professors at the College at Columbia. His aspiring and teeming genius at once carried him ahead of all his young companions, in so great and rapid a proficiency, in all the branches of his studies, that he was soon, under the liberal patronage of his preceptor, promoted, with the allowance of a small salary, to the place of an assistant teacher. An incident here occurred, of which he ever spoke to his friends with delight. It was his lot to educate the lady who afterwards became his wife, and to whom, during a happy union of near twelve years, it may be truly said, he never gave ' a pang, but when he died.' Thus advanced, his pittant salary glowed like a mine in his eyes. It now afforded him the means for which he had often sighed, of opening the spring from whence he had tasted, with so much pleasure, to an only and beloved brother, a boy of promising parts. John Wilds was accordingly put to school by his brother. Some time afterwards, the latter succeeded to Mr. Park, as principal teacher. His mind, now expanding 522 IIISTOKY OF THE OLD CHERAWS. as he advanced in years^ began to explore the path he was to tread in his walk through life. Endowed with an iincoramon share of sagacity, with a sound judgment, a quick discrimination, and a large fund of native elocution, he selected the profession of the law, as the best theatre for his talents, and as presenting the readiest course, under the genius of our government, for his rise to distinction. " He accordingly entered on the study of the law, with the late Wm. Falconer, Esq. Still more the favorite of genius than of fortune, he was not enabled to devote his time and thoughts entirely to the study of his profession, but Avas obliged to divide them between that and the economy of the little patrimony which sustained his mother and sisters, and the duties of a place in the sherifF^s office of the district of his residence, from whence he derived a maintenance for himself and his brother. The time at length arrived for his entering upon the career which he hath run with so much honor to himself and usefulness to his country. " He was called to the Bar in the spring of ^98. It is needless to state that he was, immediately after his admis- sion to the Bar, engaged in every cause of importance in the districts adjacent to the place of his nativity. He had been so long and so much a favorite in these, that this circum- stance affords no test of his professional merit. In the remote districts of his practice, he quickly ranked among the most eminent in his profession ; and by the unaffected simplicity of his manners, and the native amiableness of his disposition, became in them as much beloved as among his own neighbours. " His first and most earnest wish now, was to establish and bring forward his brother. The latter being inclined to the study of physic, was, after having received the rudiments of his profession from Dr. Hawes, a gentleman of science resident in his neighbourhood, and a finend to the family, sent by his brother to Newport, in Rhode Island, to com- plete his professional education, under the late Dr. Seuter, and was also supplied by him with the means of occasionally attending the lectures of Dr. Rush, at Philadelphia. Having finished his studies, he returned home, and commenced the practice of physic. The fondest wishes of his brother's HISTORY OF THE OLD CHERAWS. 523 heart were now about to be consummated. This promis- ing plants cultivated with so much labor and anxiety, put forth its tender buds, — fair to the eye ; but there came ' a frost, a killing frost/ that nipt it in the flower. The amiable subject of our notice derived consolation fi'om pre- serving his memory in honorable recollection. " Having unavoidably incurred some debts in beginning the practice of his profession, which he had done on the faith of the brightest prospects, now closed in the grave too soon for the pei'formaiice of his engageraeuts, it was felt by his brother as a sacred duty, to see them discharged ; and this he did in the spirit with which he accomplished all his duties. This rude shock, Avhich closed for ever the channel wherein the benevolence of him who is our theme had delighted to flow, did not, however, dry up or impoverish its abundant source. It became, as soon as his pecuniary resources would admit, a maxim with him, to which he strictly conformed in practice, always to have flourishing under the genial warmth of his bounty and patronage, some tender shoot of genius that had been exposed to the frost of poverty. " Honored by the virtuou.s, and blessed by the poor, he still pursued the track of his bright destinies. In the autumn of 1800, he was unanimously elected a member of the House of Representatives of the Legislature of this State, from the district of Darlington. " Unbending, yet liberal in his public principles, it was his uncommon felicity to be cherished with pride and delight by his own party, at the same time that he enjoyed the general esteem and confidence, and in numerous instances, the cordial affections of his political opponents. " Under such circumstances, it could not be long ere his influence would become important and distinguished in the body of which he was a member. He accordingly enjoyed this distinction, not only with the consciousness of deserving it, but the heartfelt satisfaction of knowing, that the sense of this merit was a universal sentiment. This honorable height he reached, as wxU by an instinctive repugnance to all the bubbling de\aces of popular intrigue, as by the noble independence of his character,, the abundant resources of his 524 HISTORY OF THE OLD CHERAWS. mind, and an upriglit_, direct, manly pursuit of the measures he believed to be connected with the public advantage ; which held out to all that marked his course, ' the assurance of a man/ bent only on the welfare of the State. " In aid of those excellent qualities, and so estimable a character, were a frankness of mind, without the least mix- ture of guile — an openness of heart, without the slightest tincture of bitterness or acrimony — a fascinating playful- ness of temper, that banished all semblance of harshness or austerity, and a presence beaming with the most happy mixture of benignity and sense- — while withal, he carried himself with so modest a port, and with so much native, unassumed dignity, that he was wont, at the first introduc- tion, to seize upon the esteem and regards of his acquaint- ance, and bind them to him with a gordian knot. " Indeed, such was the unaffected simplicity of his manner and lively ' sunshine" of his countenance, that he could, at the same moment, win the esteem of hoary age and draw lisping infancy to his bosom. " Nor shall it be forgotten, that his eloquence, like the herald of the morn, precursed his race to the bright meridian of his public honors. His eloquence owed much to nature j as much to the care with which he cultivated it. Ready, perspicuous, manly, and flowing, its general type partook of the amiableness of his disposition, being inclined, ' by winning words to conquer willing hearts" — although it was susceptible, when he pleased, of a degree of elevation and energy, that stamped on it the features of a commanding character. " It shone most in a chaste and nervous expression of sentiment, imbibing nourishment rather from the passions than the fancy, and delighting more in the glowing regions of the heart, than the serene fields of the imagination; though even hence it were wont to inhale many a fragrant breath, and to weave many a graceful wreath. It was, however, only the dress and ornament to his masculine reason. Endowed with a vigorous and ample understand- ing, which had surmounted every diflSculty in its way, and profited by every occasion of enriching itself with precious lore — and being no less delighted with the fruit of logic. HISTORY OF THE OLD CIIERAWS. 525 than charmed with tlic tlowcrs of rhetoric — lie exliibitcd in discursive power, a degree of strength and solidity, that was unrivalled by the flight of his elocution. " His mind always embraced a clear and comprehensive view of his subject, and his ratiocination was generally con- ducted from cause to consequence, by a beautiful and regular concatenation, though sometimes, it must be owned, its method was disturbed by an overruling bias to decla- mation — the eloquence of which, however, never failed to atone for his transgression of order. His moral excellences are sufficiently portrayed in tlie traits that have been given already of his character. The sentiments of filial piety and afl'ection (it shall still be remarked), could but have deep root^ in a heart of so soft and generous a mould. One habit, which was fixed Avith him, will suffice to show this. It was his custom, ever, on returning home from a jouruev, especially after he had risen to distinction, at whatever hour of day or night it happened, immediately to visit his mother, who resided at a short distance from his own dwel- ling, that he might taste the joy his dutiful and affectionate demeanor was wont to kindle in her aged bosom, and feast his soul with a parent's blessing. " Possessed of the qualities of mind above noticed, it would seem that a popular assembly had been a better theatre for his talents than the solemn bench of justice, and that they would have been attracted to the national councils as their most suitable sphere of action ; but his destiny ruled other- wise. " After having sein'cd for two years as Solicitor of the Northern Circuit, to which post he was almost unanimously elected, in December, 1802, and faithfully discharged ths duties thereof — in fulfilling which he combined the softest feelings of humanity with an inflexible adherence to the claims of public duty — he was, in the year 1804, elected a judge of the Court of Common Pleas and Sessions of this State. '' Seated now on a noble eminence, his mind seemed tc grow to the prospects around him, and although the cast of it may have appeared better adapted to another, but no less distinguished part, it was, nevertheless, here that it displayed 526 HISTORY or the old cheraws. its highest energies. How well he discharged the duties of this important station, may be seen in the records of our Courts, and will be read hereafter, in the juridical history of our State. How happily he performed them, may be read now in the sorrowful countenances of his brethren of the pro- fession, in the effusions of their grief, and in the public honor they have conferred on his memory. " It seemed, indeed, the pleasure of Providence, that this favored genius should mount to the skies^ clothed in the radiance of a star. " ' Within a month, a little month,^ after having accom- plished important services for the State, as a minister of justice ; after having displayed the powers of his mind, and the resources and readiness of his learning, during a long and laborious term, in examining and determining, with the soundest judgment and most accurate discrimination, the multifarious topics springing out of seventeen hundred suits, in which, though many were not litigated, many were, and some involving questions of a complicated and difficult nature ; after having sealed his labors with the affectionate adieus of his fellow-laborers, while yet on every tongue the living theme of praise, his soul rushed from its abode of clay, and sought its native heaven. " Oh, where is now the light of those eyes that beamed with so lovely a lustre ? Where that benignant smile ? Where the ' sunshine ' of soul that for ever played on that manly face ? Cease weeping, folly ! — they have fled with his spirit from the circles of men to the spheres of angels. " Yet it were allowable to shed on their departure some natural drops. Their image yet lives with us : it is engraven on the hearts of his numerous acquaintance ; it is embalmed in the tears of his mourning friends and relatives.^^* To this touching record of departed worth, watered with the teai's of him from whom it emanated, may be added the * This tribute of affection was doubtless from tlie pen of that noble man and distinguished lawyer, Keating L. Simons, Esq., of Charleston, between whom and Judge Wilds the truest sympathy and most cordial and endearing friendship existed. HISTORY OF THE OLD CIIERAWS. 527 eflfusion of another,^ who born and reared in the same region with Judge Wilds, and probably his pupil in St. David's^ knew and loved him in his earlier years, and now joined, with all the generous ardor of his nature, in the general grief over his untimely end ! "FOR THE COURIEE. " Lines occasioned hy the lamented death of the Hon. Judge Wilds. " Come, grief, with thy funereal train, 'i'hy heart-afflicting sigh. And pity's elegiac strain. And sorrow's swollen eye. Cease pleasure's g:iy, deceitful sound, Our brows with cypress leaves be bound. As bonding sad o'er virtue's bier. We wake the plaiuiive song, and shed the sorrowing tear. " With ceaseless hate, terrific foe. Death wields his vengeful arm; He lays the pride of valor low. And rifles beauty's charm. w Yet why, insat'ate tyrant, why A mark so noble and so high. To strike with vent'rous arrow dare. And folly's giddy tribe with cruel fondness spare ? " Virtue in vain her boast would save. And shield her favorite son ; Alas, he sinks iuto the grave. Heaven's holy will be done ! The wreath that learning had prepared. The patriot's brightest, best reward, Torn from his living brow, shall bloom A laurel ever green around his grassy tomb. " Though here his silent relics sleep. Cold in the chill embrace of earth. His early fate sh ill genius weep. And justice tell his worth. Where shall his mourning country find So good a heart, so strong a mind ? A life so pure, such honorable fame. As that which shed its beams 'round Wilds' modest name ? " Ah ! why in quest of classic lore. Does wisdom idly toil ; The flow'ret scarcely blooms, before It withers in the soil. Yet still its fragrance shall survive. And still the fame of genius live. While fond remembrance on her grateful breast. Its various worth records with deathless force imprest. Supposed to be John Lide AVilson, then in his twenty-sixth year. 528 HISTORY OF THE OLD CHERAWS. " There still his voice shall charm the ear. And still in memory's tearful eye His form shall to his friends appear. And wake the mournful sigh. From earth removed, his manly soul. Far, far ahove the earth's control. On seraph's wings to heaven has flown, And joys in virtue's meed, religion's sacred crown ! March I7th, 1810." INDEX. Adams, among settlers on Pedee, 99 Allison, Kev. Mr., notice of, 69 ,, Dr. Robert, elected Slieriff for Marlborough, 460 Allston, Peter, settles on Pedee, 105; his removal, 106 ,, Peter, Representative for St. David's, 416 Ammons, Joshua, notice of, and meeting with Lafayette, 402-403, and note Andrews, John, Adjutaut under Kolb, 301 Assembly, Commons House of, elects deputies to Congress, 206 ,, General, under new form of government, convened, 258 ,i Address of Speaker of House and Council to President, 258 ,, Summoned to meet in Charles-town, 274 ,, "Vacancies in, for St. David's tilled, 275 ,, prescribes Oath, its effects, original certificate of, 287-288 Auld, John and Michael, pursuit of Tories, 330 Ayer, Thomas, settles on Pedee, his family, 93 and note ,, ,, reply when asked to take oatli of allegiance, 305 ,, ,, reward offered for by M 'Arthur, 309 ,, ,, capture of, and escape, 309-311 ,, Lewis Maloue's nari-ative of Kolb's death, and of pursuit by Tories, 362-368 ,, ,, removal to Barnwell, and death, 93, note Bacot, Samuel, settles on Pedee, origin, and family, 105-106 ,, ,, adventure with Tories, 327-328 „ ,, imprisonment and escape, 328-329, and note Baker, notice of family, 75 ,, Captain, of Georgia, skirmish with Tories, 386 .f, ar of Cheraws, 204 ; Lawyers at, 436 Bartield, noted Tories of the name, 337 ,, Major, account of, and his perfidy, 338 ,, fight with Murphy at bass's, 372-373 notices of, 334, 337-338 Baxter, James, settles on Poke Swamp, 79 ,, Colonel John, distinguished, 79 ; Representative for Liberty, 455 ,, one of the name hangs a Tory, 3S6 ,, Robert, Representative for St. David's, 445 ; his death, 451 Bedgegood, Rev. Nicholas, notice of, and family, 96 and note, 97 „ ,, preaches Sessions sermons at Long BlafF, 196 ,, ,, extract from his journal, 96, noie Benton, Lemuel, settles on Pedee, marriage, his family, 104 a JNJajor in command on Pedee, 352 with Kolb after Tories on Cat Fish, 359 Lieutenant-Colonel, 371 his regiment allotted to Marion's Brigade, 377 on Black Creek, .skirmish of his force with Tories, 386 another skirmish on Black Creek, 387 writes to Governor Matthews, 388-389 a M 530 INDEX. Benton, Lemuel, writes to General Marion, 390-391, 391-39^ ,, ,, opposed successively by Mr. Wilson and General Huger for Congress, 401 ,, „ Eepresentative for St. David's, 415, 432, 445 ,, ,, CouTity Court Justice for Darlington County, 433, 452 ,, ,, E>cheator for Cheraws, 446 jj ,, delegate to Convention in Charleston, 447 ,, ,, ji M » » Columbia, 451 „ „ Sheriff for Cheraws, 451, 453 ,, ,, in Congress, and difficulty with Major Thomas, 455-456 ,j ,, resigns commission as colonel, 456 ,, „ traits of character, 371 ; sketch of, and death, 401 Eethsa, William, settles on Little Pedee, his family, 86 ,, ,, attacked by Tories for his money, 394 ,, John, sen., and jun., after Tories, 393 ,, ,, punishes Snowden, a Tory, 394 ,, Philip, Representative for Liberty, 461 Blackman, a Tory, punished by Colonel Murphy, 354 Black Creek, Acts to improve navigation of, and commissioners, 446, 453 Blakeney, John, settles on Lynche's Creek, his family, 100 „ „ family of, suffer from Tories, 383-384 „ Mrs. Mary, notice of, 384, note „ James, Eepresentative for Chesterfield County, 456, 459 Boundary line between North and South Carolina, 37-41, 469 Botsford, Rev. Edmond, notice of, bis marriage, 88, note J, „ removes his family to Virginia, 439-440 Braddock's defeat, followed by removals to Pedee, 92 Bradley, a Tory, taken and killed by Colonel M'Kee, 394 Brawler, Jacob, unequalled gift to his country, 403-404, and note. Brevard, Joseph, at Cheraw Bar, 436 Brigman, a Tory, killed by Daniel Hicks, 385 Brockington, Richard, his settlement and family, 90 ,, Mrs. Mary, 90, note „ Richard, Representative for Darlington, 456 Brown, Rev. John, comes to Pedee, notice of, 64 ,, Colonel Thomas, ordered to Pedee, 333 ,, „ writes to General Harrington, 333, 334, 337-338 ,, John, County Court Justice for Chesterfield, 451 ,, Morgan, Representative for St. David's, 432, 445 ,, ,, Senator for St. David's, 448 ,, ,, County Court Justice for Marlborough, 433, 452 ,,j, ,, delegate to Convention in Columbia, 451 Brownfield, Doctor Robert, delegate to Convention in Charleston, 447 J, „ Representative for St. David's 447, 448 Bryan, Colonel, a Loyalist, notice of, 314 Buckholdts, Jacob, mention of, family, 54, and note ,, Creek, 76 „ Abraham, Major of Cheraws Regiment, 226 Bull Pen, notice of, 361-362, 364, 371 Bullard, Joel, Sheriff for Chesterfield, 460 Butler, Jef., Tory Captain, notice of, adventure with Whigs, 395-396 . „ „ protected by Marion, 395 Campbell, Captain, settles on Pedee, 441 ,, ,, his sons, Robert and John, notice of, 441 Cannon, Henry, Representative for St. David's, 448 ,, ,, County Court Justice for Darlington, 451 Cantey, Josiah, adventure with Tories, wounded, 359 Carlos, Robeson, settles on Pedee, 443 Cashway, origin of name, 7S, 7iote Caswell, General, writes to General Harrington, 309 Cat Fish creek. Act to improve na^vi^ation of, and commissioners, 453 INDEX. 00 1 Caucasian race, progressive, io8 Caulkiiis, at Cheraws Bar, 436 Chapman, Allen, settles in Chesterfield, 442 ,, ,, Sheriff of Cheraws, 431 ,, John, settles in Chesterfield, 441 Charge of Judge Drayton, 2 1 1 -2 1 5 ,, of Judge Grimke, 416-429 ,, of Judge Wilds, 502-509 Charleston exposed to attack by sea, 251 „ siege of, incidents of, effects on State, 295 ,, fall of, effects, and incidents, 302 Charles- town, evacuation of, 392 Chatham, when and why so called, 119, 179 ; origin and history of, as name of town, 463-465 Cheraw settled, town laid out by Kershaw, 118, 119 ,, when and why called Chatham, 119, 179 ,, commissions for erecting Court House, &c., 185 „ petition and counter-petition, as to location, and action of assembly, 185-192 j> progress of buildings at Long Bluflf, 194 ,, regiment, officers of, 135 „ officers elected by Provincial Congress, 236 ,, Stockade Fort at, history of, 240-244 ,, prisoners sent to gaol of, 174 ,, sickness of British soldiers there, 319, 320 „ Circuit Court for, continues to sit at Long Bluff, 436 ,, district, population of, 454, 465 ,, town of, its history, 463-465 Cheraws, judicial district, bounds of, 185 Cherrey, George, settles on Cat Fish, loi Chesterfield County, boundaries of, 433 ,, ,, after whom named, 436 ,, „ site of Court House, 434 „ „ Courts, when to be holden, 434 „ „ County Court, justices for, 433, 446, 451, 452, 455 „ ,, presentment of grand jury for, 435 }, „ representatives elected for, 454, 456, 457, 458, 459, 460 ,, ,, dividing line with Darlington run, 461 Circuit Court continues to sit at Long Bluff, 436 Circulating medium, petition for, 447, 448 ; time extended, 455 Civil affairs, derangement of, 373 ,, ,, Marion writes to Governor Matthews about, 373, 374 Clary, Daniel, estate confiscated, 380 Clinton, Sir Henry, writes to Honorable Geo. Gervain, 306 „ „ goes to the North, 307 Colt, William, a settler, 79 Colson, Abraham, early settler, 79 Commerce, state of, in province, 121 ; revived in 1776, 278 Commissary receipts for provisions furnished during war, 298, 301 note, 347 note, 371 notes Confiscation of estates to be made, 378 ,, Mrs. Steward petitions in behalf of her husband, and result, 378, 379 ; notice of by Royal Gazette, 380 ,, Mrs. Mitchell petitions for husband, 415,416 Convention in Charleston to ratify Federal Constitution, 447 „ ,, election for, where held, 447 note ,, ,, delegates from St. David's, their votes, 447 ,, in Columbia for State Constitution, delegates from St. David's, and their votes, 450, 451 Comwallis, Lord, succeeds Sir H. Clinton, 307 ,, ,, disposition of troops, 307 „ ,, writes Sir H. Clinton, 308, 314, 315 M M 2 532 INDEX. Cornwallis, Lord, account of failure of expedition on river, 317, 318 ,, ,, his prospects in Carolinas, 319 ,, ,, writes Honorable Geo. Gervain of Gates's advance, 323, 374 ,, ,, account of opening of battle of Camden, 324 ,, „ writes Sir H. Clinton of spirit of revolt in State, 345 ,, ,, feelings and prospects, 345-346 ,, „ writes Tatleton about Green, 349, 350 ,, ,, cartel with Green for exchange of prisoners, 367 ,, „ declining fortunes, retreat to Wilmington, 368 „ ,, account of his embarrassed situation, 369 ,, ,, writes General Phillips, 370 Cotton, its cultivation, 116; specimens of cloth, 116 Council, Captain, commands on Pedee, 333, 371 Counties, first in Carolina, 31, 32 „ Marlborough, Ciiesterfield, and Darlington, boundaries of, 433 „ origin of three names, 436 ,, sites selected for Court Houses, 434 County Court Act, provisions of, 432, 433 ,, ,, system remodelled, 450-452 ; abolished, 460, 461 Court District, system established, account of, 459-460 Court of Equity, how arranged, where to sit, 453 Courtney, a Tor}', killed by Whigs, 393 Courts, want of, sorely felt, 121 ,, held only in Charles-town, evils of, 126, 127 and Mote, 128 ,, first petition for from Pedee, 131-132, and note ,, ,, ,, action of council thereon, 132-133 ,, second petition for, from Pedee, and account of, 135 ,, next petition for, how disposed of, 137 ,, Circuit Court Act passed, account of, 137, 138 „ „ „ progress of bill in Parliament, 155 ,, ,, ,, gaining ground, Governor's address, 182-183 ,, ,, ,, provisions of and benefits, 184,185 ,, ,, ,, officers created, and appointments, 195, 196 ,, opened at Long Bluff, the occasion, 196 ,., last circuit of his Majesty's Justices, 230 „ opened under New Constitution, 263 ,, suspended by war, 278 ; re-opened, 288 ,, closed again, 373 ; opened after war, 416 ,, ordered to be holden at Cheraws, not done, 454 Coxe, Emanuel, notice of family, 99 ,, John, with Kolb after Tories, 359 Craig, Alexander, notice of, 442 ,, ,, County Court Justice for Chesterfield, 455 ,, John, in Chesterfield, marriage, &c. , 442 Craven County, its limits and settlement, 32 ,, ,, first parochial organization in, 32, 33 ,, ,, Prince George Winyaw, 33 „ ,, Prince Frederick's, 33 ,, „ line between two parishes. Act of, 33-35 ,, ,, St. Mark's, its limits, 36 ,, ,, line between St. Mark's and Prince Frederick's, 36 ,, ,, Regiment of, 120 ,, ,, extent of Prince Frederick's and St. Mark's, 166, 167 Ci-awford, John, notice of, and the family, 71 and note ,, James, captaui in Revolution, 71 Croly, old Mrs. spared by Whigs, 387 Crosland, Edward, notice of, family tradition, 99 CuUoden, battiC of, followed by emigration to Pedee, 87, 88 Cusack, Adam, his execution by Wemys, 303 and note Dabb3, Joseph, on Pedee, marriage and descendants, joi ., „ with Kolb after Tories, 359 INDEX. 533 Dabbs, Joseph, killed by Tories, 366 Daniel, a Whiij, blunder at Bass's, 372 ; atones for it, 373 Dararan, Mr. Timothy, settles in Darlington, 440 Darlington County, its boundaries, 433 ; the name, 436 » ,, site of Court House, 434 j> „ Courts when to be holden, 434 » ,, lire at C. H., account of, 453 and note >> ,, County Court Justices for, 434,446, 451, 452, 457 >> ,, Justices of Peace for, 433, 452, 454 >> >> Representatives for, 454, 456, 457, 458, 459, 460, 461 M ,, dividing line with Chesterfield, 461 David, first of this name, account of family, 51 and note „ Joshua, wounded at Eutaw, 377 David St., account of name, 162 and note David's St., Parish established, 163-16.S „ „ nature and objects of organization, 166 ), ,, some of Commissioners decline acting, 167 >» „ Journal of Vestry, organization, 166-167 » „ action as to church building, 174-175 )) ,) oflBcers elected, 175; subsequent elections, 177-181 >) „ efforts to procure a cler^'^yman, 175 „ ,, church occupied by British, 1 76 )) ,, taxes laid on Parish, 177-178 „ „ parish expenditure, 178, 180 „ „ organization ceases, 181 ,, „ „ fails to meet wants of people, 182 ,, „ notice of Bill altering bounds of, 181 „ „ church building, 181; grand jury presents it, 203 II I, subscription in, for poor of Boston, 220-222 and note „ „ Committee of Observation for, their duties, 227-228, 229 J, „ Members added to Committee, and duties, 237 ,, ,, action of Committee as to Col. Steward and John Mitchell, 237-239 . II „ Commissions issued for Volunteer Companies in, 244-246 II „ ammunition provided for, and want of, 244, 219, 253, 254 I, ,, entitled to six representatives under new Constitution, 757 ,, ,, salt provided for inhabitants, 275 ,, ,, retains former number of representatives, 289 „ ,, change in places of election, 276 Davison, Colonel George, writes to General Harrington, 339 Delaney, Captain, commands company on Pedee, 333 Dewitt, Martin, settles on Pedee, his family, 97 ,, Thomas, settles lower down, his family, 98 ,, \Villiam, notice of, and family, 97 a.nd note „ ., his house burned by British, 304 and note „ ,, removes his family, 305 ,, ,, conduct as to oath of allegiance, 305 ,, ,, representative for St. David's, 378, 415 ,, „ Senator, 432; Sheriff for Cheraws, 416 ,, ,, County Justice for Darlington, 434 „ ,, delegate to Convention in Charleston, 434 „ Charles, County Justice for Darlington, 434 „ William, kills Stephen Gainey, 376-377 Dibble, John, at Cheraw Bar, 436 Dick, William, notice of, 92 ; punishes Jeff. Butler, 395 Diseases, which first known on Pedee, effects of climate, &c., 117, 118 Donaldson, John, ist Lieutenant of Hangers, 236 „ ■ ,, escorts Mrs. Harrington to Cross Creek, 320 „ ,, writes to General Harrington, 321 Dopson, Joseph, first settler on Upper Pedee, 50 Drayton, William Henry, account of appointment as Judge, 200 „ „ ,, presides at Long Bluff, 209, 210 531 INDEX. Drayton, William Henry, clarge to grand jury, 2 11-2 15 ,, ,, ,, its effects on petitjuryanrltbeircharge, 215-217 ,, ,, ,, in Charles-town noticed in Parliament, 219 „ ,, „ to grand jury in Charles-town, 263, 276 ,, „ character, public service and death, 220 Droughts, remarkable instances of, 117 DuBose, John, first of name on Pedee, family, &,c., 91 and «o ») >) Adair, 5 ,, Sara, its locality, 6-8 ,, Winyaws, their locality, 2 Indigo, account of, iii, 112, and nounty Court Act, 432 Penii, J , writes to General Harrington, 332, 333 Petitions for Ferries, 446 ; for tobacco inspection at Cheraw, 450 ,, for circulating medium, 447, 448 ; for its extension, 455 ,, for troop of light horse, action thereon, 448, 449 ,, for opening Lowder's Lake, 456, 457 ,, against measurer of lumber, kc, at George-town, 457 ,, for canal from Roger's lake to Pedee, 458 ,, from Robert Ellison, for mills on Black Creek, 458 Piney Grove, where, 93 Planter's club, notice of, 119. Pledger, Philip, arrival, notice of family, 85 and note, 86 „ ,, captain in king's service, 119 „ ,, adventure with Driggers and his gang, 194, 195, and note „' „ horses taken by British Lieutenant, 313 and note ,, ,, Representative for St. David's, 378 ,, John, captain under Benton, 371 ,, Joseph, C.C. Justice for Chesterfield, 433 Poelnittz, Baron de, settles on Pedee, his family, 442, 443 Population of Ciieraw District, 454, 465 Posts, British, nearest to Charles- town, 306 Pouncey, William, his family, 84, and note Powe, Thomas, account of, and family, 102, 103 ,, ,, Representative for St. David's, 415, 432 ,, ,, Commissioner of Location, 430 ,, ,, C.C. Justice for Chesterheld, 433, 452 ,, ,, declines seat for St. David's, 453 Powell, Colonel G. G., visit to Mars B uff, and letter, 146-149 ,, ,, visit to Broad River, 150 „ ,, member of Assembly for St. David's, 173, 177 ,, ,, appointed Judge, 173, 184 ,, ,, deputy from St. David's in Provincial Congress, 20S „ ,, Colonel of Ciieraws Regiment, 226 ,, ,, in Provin-'ial Congress, 240 ,, ,, declines seat for St. Philip's in favor of St. David's, 2^ 7 ,, ,, ordered with regiment to Congarees, 248 ,, ,, elected judge under new Constitution, 259 „ ,, retains seal for St. David's, 259 ,, ,, letter to Assembly as to charges against him, 27; „ „ character and death, 292 Pratt, Wm., with Duke Glen, against Tories, 385 Presentments of Grand Jury, 196-198, 198-199, 201-202, 203, 2(7-218, 2^c- 233, 264-266, 276-277, 288-289, 429-430, 435 ,, of Petit Jury, 216 Prices, early notice of, 60, 61, and note 542 INDEX. Prices of slaves, 1 1 7 Province, general prosperity of, 115, 116 Provincial Congress, first meeting, account of, 207-208 ,, second meeting, and objects, 208-209 „ deputies from St. David's, 209 „ meeting ist January, 1775, action of deputies of St. David's, 226-227 ,, circular letter to St. David's, 234 ,, Association formed, other action, 235-236 ,, military organization by, 236 ,, meeting, Nov. 1775, and action, 247-249 ,, orders payment to Major Hicks, and others, 255, 256 „ action for defence of colony, &c., 255, 256 ,, oatli prescribed, effects on people, 263 Public Buildings, appropriation for, 457 ; repaired, 458 ,, Commissioners for building, &c., in three districts, 460 Pugb, Rev. Evan, notice of, and family, 102 ,, ,, officiates in St. David's Church, 175 ,, ,, extracts from Journal of, 267, 268, 296, 301 note, 302, 304, 306, 326, 346 note, 353, 371, 372 ,, ,, preaches thanksgiving sermon, 296 ,, ,, elected delegate to Convention in Columbia, 451 ,, „ preaches sermon commemorative of Washington, 446 note „ ,, character and death, 466 and note „ Ezra, notice of, talents and death, 472-473 Punch, John, settles at Society Hill, 443 Purvis, John, petitions for land, and settles, 81-82 Quick, notice of the family, loi and note ,, Thomas, a gallant Whig, loi ,, ,, incident of at Eutaw, 377 Regulators, origin and history of their movements, 128, 129, 157, 155, 160, 161 ,, troubles in North Carolina, 129, 153, 154 ,, in other parts of South Carolina, 130, 135 ,, about Camden, 134 ,, notice of outlaws, &c., 134, 135 ,, Governi'r's address about, and Assembly's reply, 136, 137 ,, Lieut.- Governor's remarks about, 136, 137 ,, accounts of from back country, 138, 139, 144, 149, 151, 152, 153, 154- ^p5> 182, 194 and note „ character of leaders, 138,146 ,, accounts of affair at Mars Bluff, 139, 140, 144, 145, 155, 156 ,, traditional account, 150 and note ,, Governor's proclamations and efforts, 141, 142, 143, 144, 145 „ Col, Powell's mission and letter, 146-149 „ demands of the people, 154, 155 ,, Governor's address and Assembly's reply, 156, 157 Revolution, incipient causes of, 122, 126, 127, 128 ,, progress of feeling, 205, 206 ,, effects of repeal of Stamp Act, 206 „ Scheme of East India Company, and course of ParUament, 206, 207 ,, Town Meeting called, 207 ,, list of some from Pedee in service, 404-41 4 Roach, Henry, petitions for land, 62 Robertson, Major Drury, settles in Marlborough, 442 ,, „ Representative for St. David's, 448 ,, , „ County Court Justice for Marlborough, 451, 458 ,, ,, Representative for Marlborough, 456, 459 Rogers, Nicholas, grantee of land, family, 65, 66 and note „ Benjamin, one of Glen's party, 384 „ ,, Sheriff for Cheraws, 446 INDEX. 543 Eoyalty, last days of, in Carolina, 224 ,, Royal Governor's flight, 240 Rushing, John, notice of, 82 Rutledge, Governor, writes to Maiion about Benton's Regiment, 377 ,, „ sends Marion writs of election, 377 Sandy Bldff Settlement, account of, 70 „ subsequent history of, and visit there, 74 and note Sauls, Absoloni, County Court Justice for Darlington, 451 Saunders, one of families at Sandy Bluff, 71 ,, John, notice of, and family, 73 „ George, his untimely end, 73 note Settlements, made first on coast, and extension, 31 „ where first made in interior, 51, 66, 70, 117 „ inducements held out to emigration, 42 ,, in lower part of Welch Tract, 69 ,, settlers and church building, 69 and note ,, on Little Pedee, 86 ,, on Lynche's Creek, 100 ,, whence their elements derived, 108 ,, on Black Creek, 100 Shaw, William, notice of, 404 note Shoemake, a Tory, notice of, 373, 393 Slaves, increase of among first settlers, 73 Smallwood, Gen., writes to Gen. H.irrington, 336, 337, 341-343 Smith, Co). John, settles in Darlington, 440 ,, Andrew and Ralph, notice of, 441 „ John, C. C. Justice for Darlington, 452 ; Representative, 454 ,, Dr. Thomas, notice of, 500, note Snipes, Capt. Wm. Clay, difficulty and correspondence with Kolb, 354, 355 Snowden, a Tory, punished by John Bethea, 394 Society of St. David's, organization and history of, 280-284 ,, „ subscription paper in aid of, 282, 283 ,, ,, first school-house, 284 „ „ revived after war, 436 ; officers, &c., 436, 437 „ ,, escheated property' given to, 438 ,, ,, deceased members of, 438, 439 „ ,, members dismissed, 439 j added, 439 ,, ,, academy building, 440 ,, „ famous exhibition, 453 ,, ,, later pupils of, alluded to, 472 Society Hill, origin of, 440 Soldiers, list of, in war, 404-414 Sorrency, Samuel, petitions for land, 58 Sparks, four brothers, account of, 98, 99 ,, Daniel, his character and family, 98 and note, 99 ,, Harry, hung by Tories, and fate of one of Tories, 358 ,, Daniel, captain under Benton, 371 Spencer, William and Calvin, notice of, 106 ,, Calvin, Representative for St. David's, 432, 445 ,, ,, C. C. Justice for Chesterfield, 433, 452 „ ,, delegate to Convention in Charles-town, 447 ,, „ delegate to Convention in Columbia, 451 ,, ,, colonel of Chesterfield Regiment, 461 „ ,, notice of engagement, marriaye, and death, 463 and note Stewart, David, Representative for Marlborough, 461 Steward, Charles Augustus, settles near Cheraw, 106 and note ,, „ elected to Assembly, 177 ,, ,, lieut.col. of Cheraw Regiment, 226 ,, „ before committee of St. David's, 237, 238 ,, Mrs. Sarah, petitions for her husband, &c., 378, 379 ,, „ his character, 379 ; error, and subsequent career, 380 and note 544 INDEX. Stock raising, most profitable business, 76 ,, wild, found by settlers, how taken, 109, no „ remarkable incident related of Malachi Murphy, no, note Strother, notice of, family, \';g note „ George and William settle near Cheraw, 443, 444 „ William writes to Council of Safety, 2^^ ,, ,, Sheriff of Cheraws, 292 „ ,, Representative for St. David's, 415, 445 ,, ,, C. C. Justice for Cliestertteld, 433 Stubbs, John, settles on Cat Fish, 87 Sumpter, General, writes to Marion, 356-357 Sweat, Wm., notice of, loi ,, James, account of, 311 and note ,, Nathan, capture and escape, 312 Sweeney, notice of the, family, 91 ,, Barney, his descendants, 91 Takleton, Colonel, account of affairs in Carolina, 314, 315 ^, „ ,, failure of expeilition on river, 318, 319 ,, ,, British movements before Camden, 324, 325 jj ,, American movements and Green's advance, 350, 351 and note ,, ,, Cornwallis's situation, &c., 368 ,, ,, 1) >> error, 370 Tart, Enos, after Tories, 393 Taxes, notice of, n5 and note Taylor, Captain S., delegate to Convention in Charleston, 447 ,, „ leaves the country, 455 Terrell, account of the family, 53 and note Thomas, Tristram, emigrates to America, 93 ,, removal of his family to Pedee, 93 and note, and 94 ,, Eev. Robert, notice of, 94 Tristram, notice of, 94, Major under Kolb, 301 j^ ,, commands party on river against boats, 316, 517 ,, his active service on Pedee, 371 ,, Representative f('r St. David's, 388, 442 ,, ,, Senator for St. Davi I's, 415, 459 ,, C. C. Judge for Marllorough, 433, 452 ,, delegate to Convention in Cliarle-ton. 447 ,, difficulty with Colonel Benton, 455-456 „ sketch of, and death, 400, 401 and note William, settles on Pedee, marriage and familv, 94 and note ,, Commissioner of Caveats for Cheraws, 432 „ ,, senator, 445 ,, C. C. Justice for Marlborough, 452 Thornby, Mnjor, commands detachment to Charles-town, 301 Tobacco, its cultivation, n2 and note „ inspection at Cheraws, 430 Tories on Pedee, and punishment, 298 ,, pursued by Kolb, 358-359, 359-360 ,, revenge on Kolb. 360-362 ,, on Jeffrey's and Black Creeks, 383 ,, between Lumber River and Little Pedee, pursued by Whigs, 393 Townsend, notice of, 101 Township, plan of, 42, 43 ,, on Pedee, name and locality, 43, 44 ,, proceedings of Council, 43, 44, 45 ,, first settlement in Queensborough, 44, 45 ,, locality ot the town, 45 ,, form of grant for plots in, 45 note Trade, points of note for, n2 Troops, British, sickness at Cheraw, 176, 319, 320 INDEX. 545 Turbeville, Rev. William, notice of, 70, 71, and note Turnage, William, 98 Voyage, use of term, igg Waties, Thomas, at Cheraws Bar, 436 Webster's, notice of, 99 Welch emigration to America, 46 ,, remove from Pennsylvania to Delaware, 46 ,, first visit to Pedee, when and why made, 45, 47 ,, tract assigned tliem, 47, 48 ; its extension, 48-51 ,, settlement on Cat Fish, 51 ,, Neck, its locality, why selected, 51 ,, account of colony in Welcli Neck, 52, 53 „ organization of first cl.urch, 53 ,, records of church, 53 7iote ; many lost, 440 „ appeal to Council for protection a<;ainst Indians, 53 ,, inducements held out by Government to others to come, 54, 55 „ increase of settlers, list of grants, action of Council thereon, 55-58 ,, diflBculties in their way, 58 ,, petition to have lands surveyed and granted free of expense, 59 „ action of Council on petition, 60 ,, upper limits of their settlement, 62 ,, exclusive in their feeling and policy, 61, 66 „ relics, 67, and note ; a few names only left, 162 „ their first articles of cultivation, 1 1 1 „ encouraged by Government to produce certain exports, 60 ,, removal of their church building to Society Hdl, 440 Wemys, Major, his march up Pedee. incidents of, 502, 303, 304 ,, returns to George-town, 306 ,, indulgence shown him by General Sumpter, 306 ,, again on Lower Pedee, 332 Westfield, John, notice of, 62 note ,, Tobacco Inspector at Cheraw, 430 Whigs and Tories, when the distinction between them took its rise, 266, 267 ,, ,, conflicts between, 257, 298, 305,325, 326 „ . ,, 357. 358, 370, 371. '382, 383, 387, 392 Whitfield, William, Representative for Man borough, 459 Wickham, Thomas, Representative for Liberty, 457 Wilds, notice of famil}', 52 note ,, Samuel, petitions for land, 118 ,, Mrs., robbed by British soldiers, 362 ,, Samuel, birth and early years, 499-500 ,, ,, teacher in St. David's Academy, 437, 521 ,, ,, candidate for Legislature in Darlington, 458, 459 ,, ,, Representative for Darlington, 461, 501 ,, ,, marriage, success at Bar, 500, 501 ,, ,, anecdote of, 501, note „ ,, elected solicitor, then judge, 501 ,, „ charge to Grand Jury of Abbeville, 502-509 ,, „ sentence on Slater, 510, and «o?e, 513 „ „ ,, John ToUison, 513-516 ,, ,, holds last court in Charleston, 517 ,, „ his death, and feeling produced by it, 517 „ ,, proceedings of Bar in Charleston, 517, 518 ,, ,, ,, ,, at Sumpter, 518, 519 ,, ,, obituary notices of, 519-526, and »io