1777

January

S. R., XXII,

880, 907

S. R., XI, 393

Indians hostile

CHAPTER XXXIII

CASWELL'S ADMINISTRATION, 1776-80

Caswell's administration.-Military movements.-Political power. -The first Assembly.-Tories_banished.—Sheppard's regiment.— Conditions within the State.-The task of the patriots.-Johnston dissatisfied. Loyalists depart. — Arrival of Lafayette. — Trade through Ocracoke inlet.-The Continental Line joins the Grand Army. -Brandywine.-Germantown.-Death of Nash.-New battalions. Caswell's administration

On the adjournment of congress Richard Caswell found himself in power as the first governor of the sovereign State of North Carolina. His title was "his Excellency." Shortly after the Christmas holidays he seems to have taken possession of the governor's palace at New Bern, and there on January 16th he held his first council, Cornelius Harnett being chosen president of the board. On the same day judges were appointed to hold the courts of oyer and terminer. Among those appointed were John Penn, Samuel Spencer and Sam Ashe; and the criminal courts again began to be held. Penn, however, declined to serve, so no court was held in the Orange district. His action in this matter, disappointing Governor Caswell, was the probable cause of an estrangement between them.

A few days later the fine furniture and effects of Governor Martin with which the palace was filled were sold at auction under an order of the congress, and his Excellency bought largely of them, doubtless to furnish the palace.

Notwithstanding the treaty of peace that had in the fall of 1776 been informally agreed on with the Indians, in February they again became hostile, and a detachment of militia was ordered to range in the district of Washington to prevent depredations, and General Rutherford was directed to raise eight independent companies, four for Washington and four for Tryon, Burke, and Surry, to be employed

MOVEMENT OF TROOPS

in building stockades, in scouting and in protecting the people.

571

1777

William Sharpe and Waightstill Avery were appointed commissioners in conjunction with representatives of Virginia to make a treaty with the Over-hill Cherokees and fix the boun- The Indian dary between their hunting grounds and the white settlement, boundary and during the summer they accomplished this purpose, extending the boundary line into the Great Iron Mountains.

Military movements

375

In anticipation of a southern campaign, General Moore 1777 marched his entire command to South Carolina, being likewise accompanied by two battalions of militia under the command of General Allen Jones, appointed by the congress when in session at Halifax. On January 14th General S. R., XI, Moore's continentals were at Charleston, and the apprehension of a southern campaign having passed away, and Washington's army being hard pressed, on February 6th the Council of State directed that the ranks of three of his regiments should be filled by transfers from the others and he should lead them to the north. The considerable number of inhabitants in western North Carolina led to the belief that that was a favorable region for securing recruits. Indeed, General Rutherford made a return of over ten thousand men for his militia brigade in the Salisbury district alone, and Nash, who on February 5th was promoted by the Continental Congress to be brigadier-general, was directed Nash to repair to the western part of the State and superintend general the recruiting for the new regiments; but rapidly succeeding this first order came a second directing that Moore and Nash should proceed with all the continentals to the aid of General Washington. Moore was then at Charleston in command of the department. On receiving these orders he returned to North Carolina to arrange for the long march of the troops, ordering Nash to follow him with the regiments. In April they reached Wilmington and went into S. R., XI, camp temporarily. There, unhappily, on April 15th, Gen- 454 eral Moore died from an attack of gout in the stomach. On the same day his brother, Judge Maurice Moore, also died

appointed

Death of

Moore

1777 Nash marches north

May

1777

Political power

The first
Assembly

I

in the same house. General Nash assumed command and marched to the north. A camp was established at Halifax, where were concentrated the continental battalions then forming, whose ranks were not yet filled; and another camp and hospital were located at Georgetown, Md., where all the North Carolina troops who had not had the smallpox were inoculated before joining the army. The brigade reached the Potomac toward the close of May, and while many were detained there to be vaccinated, two hundred were found to have already had the dread disease, and these were hurried forward to reinforce Washington. Under Colonel Sumner, they joined the army at Morristown on July 5th. The new constitution apportioned the political power of the State very differently from what had been the custom in colonial times. In former assemblies the Albemarle counties had each five representatives and the others but two. In the revolutionary bodies each county and borough had but a single vote without regard to the number of representatives they sent. Under the new constitution every county was entitled to one senator and two representatives and the borough towns to a representative. By this innovation the counties were all put on the same footing.

The division of the legislature into two houses, each consisting of a relatively small number of members, resulted

S. R., XII, in lessening the influence of many of the old leaders. When the Assembly, elected in March, met in April, the personnel of the representatives was greatly changed. Many of the prominent public men were either in the military or civil service, occupying positions that rendered them ineligible as members. Sam Johnston, being one of the treasurers, was not a member; nor was Harnett, who was a member of the council. In the senate, Archibald Maclaine, Allen Jones, Griffith Rutherford, and Sam Ashe were men of the most influence. In the house, Abner Nash, Avery, Benbury, John Butler, Alexander Lillington, Willie Jones and William Hooper, and John Penn were among the leaders; but the disappearance from the legislative halls of many who had exerted a controlling influence in former years was very observable.