1719 C. R., II, 366, 368 C. R., II, 368 general court in October, 1719. To the indictment for breaking into the secretary's office, they with Thomas Luten and Henry Clayton pleaded guilty; and a fine of £5 was imposed on Moore, and of five shillings on Moseley. But the case against Moseley, for his scandalous words, was regarded as more serious. The jury rendered a special verdict that Moseley had uttered the words, and "if the law be for the king, then he was guilty." After several days' delay, the court ruled that he was guilty; and it being considered that his action was in the nature of stirring up sedition, he was sentenced to pay a fine of £100, and to be incapable of holding any office or place of trust in the colony for three years. His practice, however, was large and important, and as he was silenced as a lawyer, the business of the court was so impeded that the chief justice, Jones, requested that his disabilities as an attorney might be removed; and in view of the allegation that he had intended to raise sedition, perhaps also because of the recent revolution in South Carolina, Moseley was led to state, in a petition to the council, that his words were not uttered with such a sinister design, but only through heat and passion; and he asked to be relieved of the sentence. But the governor, perhaps, felt that there was too much truth in what Moseley had so bluntly alleged for the offence to be forgiven, and the only concession he made was that Moseley might bring to an end such litigation as had been committed to him before the sentence was imposed, but should take no new cases. So for three years the leader of the Popular party and the most influential citizen of the province was excluded from all public employment and forbidden to practise law. Revolution in South Carolina While these matters were in progress in North Carolina, the condition in South Carolina had become so intolerable under the inefficient government of the Lords Proprietors, that the people having determined on a revolution, following the methods practised in England, formed an association to stand by each other; and the Assembly which convened on November 28, 1719, resolved itself into a convention, and threw off the authority of the Lords Proprietors, offering the THE REVOLUTION IN SOUTH CAROLINA administration to Governor Johnson, who had succeeded Craven, if he would continue to act as governor and hold the province for the king. This Governor Johnson properly refused to do, and the people then elected James Moore governor, and applied to the king to receive South Carolina as a royal province. A revolution so complete and successful cast dismay among the Proprietors and their officers in North Carolina, and raised anew in England the question of the Crown's resuming possession of the entire territory of Carolina. It also led to the consideration of the dividing line between the two governments. 205 1719 Moore leads the South Carolina revolt Carolina line The South Carolina authorities claimed the Cape Fear River The South as a boundary, and asserted that their government had issued dividing grants for land on that river; but in the earlier days the Santee had been the northern limit of South Carolina, and more lately, after Clarendon County had ceased to exist, the territory north and east of Cape Fear was assigned to the North Carolina government. As there were no settlements in the Cape Fear region, the question had not been of importance, and before the boundary was marked North Carolina had occupied the southern bank of the Cape Fear River as a portion of Bath County. Conditions in North Carolina As painful and devastating as the Indian war had been, its sacrifices were not without compensation. Although the trade in furs largely ceased the colony received a greater benefit from quieting all apprehensions of Indian outbreaks. Population The savages being suppressed, the extension of the planta- increases tions proceeded without interruption and population continued to flow in, the settlements progressing to the southward as well as to the westward along the navigable streams. In January, 1670, the Assembly had passed an act restricting grants of land in any one survey to six hundred and sixty acres in order to remedy the evil of large tracts or plantations being insufficiently cultivated; and the Proprietors in 1694 had authorized Governor Archdale to sell land in Albemarle in fee for what he could reasonably obtain for it; however, not under £10 for a thousand acres, and reserving an annual rent of not less than five shillings to a thousand 1722 Land patents acres. Later the Proprietors, understanding that advantage was being taken of them by the issue of patents for thousands of acres in a body which was not seated, but thus withdrawn from other purchasers while yielding no rents, in their instructions to Governor Hyde forbade the issue of any patents whatsoever. They also forbade the survey of any lands within twenty miles of the Cape Fear River. In January, 1712, however, at Governor Hyde's instance, they modified these directions so that he was allowed to issue patents not to exceed six hundred and forty acres in a body, requiring a cash payment of twenty shillings for every hundred acres, and an annual rent of one shilling sterling money of Great Britain per acre. These terms necessarily applied only to the lands in Bath, for those in Albemarle were held under the Great Deed. The council represented in 1718 that these orders relating to the sale of land imposing such hard terms were inconsistent with the settlement of the province, and it unavailingly asked that they might be revoked. At that time there were about one million acres held subject to quit rents, and there were about two thousand tithables in the colony; and despite the orders, the people were spreading out in Craven and up the Neuse and along the Roanoke. Indeed, the province was making rapid March, 1722 Strides in importance when, in March, 1722, Governor Eden Eden dies Colonel Pollock president His death, August 30, 1722, and character died, So far as the internal affairs of the colony were concerned, during the latter years of Eden's administration at least, the people enjoyed a period of repose. Except for the irritation that may have incidentally grown out of its attitude toward Moseley, his administration was apparently quiet and pleasant, although the desultory depredations of the Indians added somewhat to the cares of his official life. On his death, Colonel Pollock was again chosen president; but that valuable citizen, who for twenty years had been one of the most prominent and influential, as he was doubtless the richest, of the inhabitants, did not long survive this last accession of power. In all the contests that had divided the people he had taken sides against the party to which Moseley adhered. When the latter stood for popular rights, Pollock threw his influence toward maintaining the authority THE GROWTH OF THE COLONY of the administrative officers; but of his sterling worth, ability and character there is no question. Reed 207 On his death, toward the last of August, he was suc- William ceeded by William Reed, who was in no wise comparable to succeeds him, either in social position or in respectability of character. Chief Justice Gale, after an absence of nearly four years, returned to the province just as Governor Eden expired, and resumed his official functions, and he also took his seat at the council board as a deputy of James Bertie, one of the Lords Proprietors. him Edenton 1722 S.R., XXIII, A hamlet had sprung up on Queen Anne's Creek and Governor Eden had made his residence there, and the council and general court met at that place. It was now incorporated as a town under the name of Edenton, and became the established seat of government. An Assembly was held there in October, 1722. The previous Assembly was pre- 102 sided over by William Swann, but Moseley's disabilities having now expired by the passage of three years, he was chosen speaker of the new body. Among its acts was one establishing seats of government in the several precincts Bertie and settling the courts and court-houses. And because the territory west of the Chowan had become so populous, a new precinct was laid off in that territory named Bertie, doubtless in compliment of the Proprietor. In August, 1722, the council had established Carteret Precinct, extending southward indefinitely to the bounds of the government, including all the settlements in that direction; and the town of Beaufort was incorporated into a seaport, entitled to a collector of customs; and a road was directed to be opened from Core Point to New Bern. The growth of the province had been retarded for the want of commercial facilities, and to improve navigation an act was passed to encourage a settlement at Ocracoke Inlet, because of the good anchorage and harbor there. Precinct Carteret Precinct C. R., II, 458, 459 adventurers Another act had for its object to discourage the influx of Official official adventurers by prescribing a qualification for officers discouraged that would exclude such persons as any new governor might bring over as satellites in his train; it prohibited the governor from granting any office to any British subject who had not resided three years in the province. 1724 Jan., 1724 CHAPTER XVII ADMINISTRATIONS OF BURRINGTON AND EVERARD, 1724-31 Governor Burrington explores the Cape Fear.-Opposition to him. -Burrington displaced.-Sir Richard Everard.-Antagonism between Assembly and governor.-Altercations of Burrington and the governor. The ministers.-The settlement of the Cape Fear.-The Assembly sustains Burrington. He appeals to the Proprietors.— Personal controversies.-The dividing line with Virginia.-Purchase by the Crown.-Carteret retains his share.-Everard breaks with Gale. The lords of trade.-The currency act.-The end of the Proprietary government.-Conditions in North Carolina.-No public schools. Few ministers.-The Baptists.-Industries.-Population.Social conditions. Governor Burrington To fill the vacancy caused by the death of Eden the Lords Proprietors proposed to appoint George Burrington, of Devon, governor of North Carolina, and on February 26, 1723, the king gave his assent; but it was not until the succeeding January that Burrington reached Edenton and took the oaths of office. The new governor had held office under the Crown in every reign since the revolution of 1688, and must have had considerable official experience. He was a man of violent temper, firm and resolute, and one who could brook no opposition. Thomas Jones, a son of Chief Justice Jones, had intermarried with Miss Swann, the stepdaughter of Moore, and had thus connected his father with the Moseley and Moore faction; while by the death of Colonel Pollock Chief Justice Gale was left the most respectable and influential member of the opposition. On Burrington's arrival he not unnaturally allied himself with the dominant party, that contained not merely the numerical majority controlling the Assembly, but almost all the influential men in the province. Moseley himself was now of the council, and the power of the administration was with * *To fill a vacancy in the council, the other councillors could temporarily elect. |