1775 ་ CHAPTER XXVII THE PROVINCIAL COUNCIL, 1775-76. The spirit of resistance.—Martin's proclamation.-The Congress.— The leaders.-The conditions.-The people divided.-Efforts to gain the Regulators.-Proceedings of Congress.-Franklin's confederation. Independence not the object.-The first battalions.-The minute men.-County courts.-The test.-The money of the Revolution. To provide necessaries.—Congress adjourns.-Enlistment of troops. The safety of Wilmington.—The plan of subjugation.— Arrival of Highlanders.-Provincial council.-Tories and Whigs.The Indians placated.—The Scovellites.-The Snow Campaign.— Howe marches against Dunmore.-Norfolk destroyed.-Armed vessels built. The ministerial troops.-In England. The spirit of resistance In the meantime the spirit of resistance was nourished August, 1775 by men like Hewes, who declared that "the powers of government must soon be taken into the hands of the people." "The administration," said he, "has even tried to let loose the Indians on our frontier, to raise the negroes against us, . . . and have sent a formidable army to cut our throats, and then abuse us with the names of rebels and cowards.” “I consider myself now over head and ears in what the ministry call rebellion. I feel no compunction for the part I have taken, nor for the number of our enemies lately slain in the C. R., X, 8 battle at Bunker's Hill. I wish to be in the camp before Boston, though I fear I shall not be able to get there till next campaign.” C. R., X, 145-150 Martin's proclamation On August 8th Governor Martin issued a manifesto denouncing the leaders of the sedition and treason, and warning the people against being seduced to their purposes. Particularly were Hooper, Hewes and Caswell, John Ashe and Robert Howe singled out for denunciation. His chief design was to appeal to the people to remain loyal. He BOTH SIDES SEEK SUPPORT 473 1775 realized that the approaching convention was to be held at Hillsboro with the view of influencing the inhabitants of August the interior, and this effect he sought to counteract by skilfully playing on the fears and hopes of the people. He dwelt on the faithful loyalty of those in the western counties, who had theretofore "resisted all the black artifices of falsehood, sedition, and treason," and who, upon his representation, had "received the king's most gracious approbation and C. R., X, 146 acceptance." Particularly he mentioned those in "Dobbs, Cumberland, Anson, Orange, Guilford, Chatham, Rowan, and Surry," who he declared had given him more "especial and public testimonials of their loyalty, fidelity, and duty"; but he tendered to all his Majesty's most gracious pardon on their return to their duty to their king; and he offered ample reward and encouragement to any who should deliver up to him the few principal persons who had seduced them to treasonable outrages. The Provincial Congress* Indeed, the efforts of the two contending parties were now anxiously directed to obtaining popular support. Samuel Johnston had counted on the influence the convention might exert, and to popularize that body he had urged the elec *The names Convention and Congress are often applied indifferently to these bodies. It is to be observed that those of August, 1774, and April, 1775, called themselves conventions and were presided over by a moderator. That of September, 1775, called itself a congress and elected a president. The first two claimed to be lawful meetings of the people, assembled for a legal purpose under the constitution. The object then was to remonstrate against an infringement of constitutional rights. By September, 1775, the character of these bodies was changed. They were not mere lawful meetings of the people to remonstrate. They were revolutionary bodies, ordaining government and exercising administrative and legislative powers. Perhaps they took the name of congress to conform to a new American system-making a difference between the former government and that then established. The authority of the British Government was no longer respected-that of the Continental Congress had taken its place. The people no longer claimed to be acting under the constitution of the British Empire. The Congress differed from the Convention in the manner of voting. In the Convention the members voted as in the Assembly, each casting a vote. In the Congress the counties voted, each county having a single vote, without regard to the number of deputies in attendance. In the Continental Congress each colony had one vote; in the Provincial Congress each county had a vote, and in the Provincial Council each district had a vote. 1775 C. R., X, 165 August tion of an increased delegation from each county, the number not being limited. Bertie had sent eleven delegates, Chatham ten, Dobbs, Wake, Rowan, Guilford, seven each; Mecklenburg, Tryon, Bute, New Hanover, six each; and the other counties five; the entire membership numbering one hundred and eighty-four. This enlarged representation resulted in the attendance of many men of the first capacity, who had not theretofore been employed in legislative business. Sunday, August 20th, opened with the straggling hamlet of Hillsboro aglow with unusual excitement. Several stores, an insufficient court room, a dozen widely separated residences, a church building and a small inn for the wayfaring traveller constituted the village, where now were assembling the representatives of the people. At noon those members who had arrived assembled in the church, but immediately adjourned until the next day. On Monday, the 21st, at ten o'clock, one hundred and eighty-four delegates answered to their names, and Richard Caswell, just from the Continental Congress, proposed Samuel Johnston for president of the body, and Rev. George Micklejohn opened the congress with prayer. Events had moved rapidly since the last convention in April the battles of Lexington and Bunker Hill, the destruction of Charlestown, the formation of independent companies, the organization of a continental army, the proceedings at Charlotte, the flight of the governor, the burning of Fort Johnston, and the expulsion of the royal governor from the soil of the province, and the cessation of the provincial legislature. The established government had ceased to exist. And so the convention was confronted with new conditions. No light was shed upon the pathway by past experience, but with resolution the members addressed themselves to the great questions presented for their consideration. It was the largest meeting of representative Carolinians that had ever assembled. The last convention was composed of but sixtyseven members; this was near three times as numerous. The two previous revolutionary bodies had been called conventions; this now assumed the name of the Provincial Congress. The others had not entered on legislative action; this pro PERSONNEL OF THE CONGRESS posed to make laws to bind the people under the sanction of legitimate power, and to exert the authority of estab- August lished government. The leaders Although the thirteen counties that might be allotted to the west sent some seventy deputies, the preponderance was still with the east, and the vote was taken by counties. But Person and Penn, the Martins, Polk, Avery and Spencer, John McKnitt Alexander, Moses Winslow, Kennon and Sharpe, Burke, the Williamses, Armstrong and Winston were strong and mighty leaders, speaking the patriotic sentiments of the west. The northern counties and the eastern, as well as the Cape Fear section, also sent their most trusted and experienced men. Such a gathering of great North Carolinians, forceful and determined, had never before assembled to take counsel of their liberties. Although the venerated form of John Harvey was missed, there were Sam Johnston, the younger Harveys, the Nashes, Caswell, Howe, Hewes, Harnett, Hooper, the Joneses, the Moores, the Ashes, the Sumners, Kenan, Owen, Robeson, Guion, Bryan, Lamb, Jarvis; and, indeed, all the giants of that generation gathered there to secure and maintain the freedom of their country. The future, full of personal peril, was veiled in obscurity, but their hearts were brave, their course determined, and they had at least some light from the assembled wisdom of the Continental Congress. The conditions As yet hope of reconciliation was still entertained, and they were to make a last appeal for their rights as British subjects, professing allegiance and disclaiming any desire for separation. But war was flagrant, and every preparation was to be made for the inevitable conflict. Proclaimed rebels and traitors seeking independence, they were to organize resistance to internal and external foes, while still asserting that they sought only those chartered rights they had inherited from their fathers as subjects of Great Britain. The old government having passed away, its head a fugitive, and the Assembly suspended, the congress was to ordain some gov 475 1775 1775 August ernment to preserve peace and order, to administer justice and to conduct military operations. The people were divided. Large bodies not conversant with the causes of the revolt, strangers to the hopes and fears of America, not in sympathy with North Carolina, had but recently located in her borders, while many thousands of the older inhabitants held aloof, not comprehending that their liberties had been invaded and that the hour had struck to resist British aggression. It was the computation of Governor Martin that two-thirds of the inhabitants were yet loyal and would rally to the standard of the king. To sever these ties it was the part of Congress to demonstrate the impotency of the British Government and to manifest contempt for the power and authority of its chief representative. C. R., X, 180 Among their first actions, therefore, was to denounce Governor Martin's recent proclamation and to order "that the said paper be burned by the common hangman.” C. R., X, 169 In like manner, to counteract the blandishments and the threats of Governor Martin, who, through his emissaries, endeavored to persuade the Regulators that they remained liable to punishment unless pardoned by the king, and that their pardon could only be obtained by taking up arms against those who were defending American liberty, the congress at its first opening resolved that every one of the late insurgents ought to be protected, and that it would protect them from any attempt to punish them for engaging in the late insurrection; and a committee, composed of Maurice Moore, Caswell, Thomas Person, Kennon, Locke, Rev. Mr. Pattillo, Hunt, Burke, Penn, and others, was appointed to confer with those inhabitants of the province who entertained any religious or political scruples, and to induce them to heartily unite with congress for the protection of constitutional rights. This committee was to influence not merely the Regulators, but the Quakers and others who had scruples preventing their active co-operation. Person alone had affiliated with the Regulators, unless, indeed, Memucan Hunt had done so; but Penn, although he had but lately come into the province, doubtless was a favorite with them; and Judge Moore had in 1772 held as a judge that they were not liable to punishment under the riot act; as "Atticus," had severely |