WORK OF THE LEGISLATURE captured. General Wayne himself was wounded, and Captain John Daves, second in command under Murfree, was dangerously wounded, but eventually recovered. This most brilliant feat of arms brought great credit and honor to all engaged in it, and none deserved higher commendation than the North Carolinians. 603 1779 May, 1779 S. R., XIII, 784, 792 Williams Iredell The new Assembly was to meet at New Bern, but the smallpox was raging so violently in that vicinity that Governor Caswell suggested that it should assemble at Smithfield, where it convened May 3d. Allen Jones and Thomas Benbury were again chosen speakers, and in the senate Samuel Johnston reappeared as senator from Chowan. Caswell was continued as governor. Maclaine declined the judgeship, deprecating his own abilities, and recommended the appointment of John Williams, who, having served a John year in the Continental Congress, was now willing to aban- succeeds don a post of honor whose compensation was so insufficient; and he was elected to the vacancy on the bench. As honor- officers able as was the service in the Continental Congress, the great expense attending it rendered the position undesirable, and those chosen delegates were not eager to go to Philadelphia. Indeed, for long periods, only one delegate from North Carolina was in attendance. The congress therefore recommended an increase in the delegation, and Burke, Sharpe and Hewes were added to the other delegates, the Assembly agreeing to pay their actual expenses and to leave their compensation to the next Assembly. General Bryan, on his return from Briar Creek, having resigned, Colonel William Caswell was chosen to succeed him; and in the absence of General Butler at the south, Ambrose Ramsay was appointed to serve temporarily in his stead. The S. R., XIII, legislature, considering that it would be well for the General 753 Assembly to meet at some fixed place near the centre of the State where the offices could be kept, appointed a commission to select the most convenient places in Johnston, Wake, and Chatham counties, and report a description of each place to the next Assembly. Thomas McGuire was chosen attorney-general in the place of Waightstill Avery, who had resigned that appointment, and John Pugh Williams was elected brigadier-general in the place of General Skinner, 1779 S. R., Efforts to enlist continentals 319, 320 who resigned; and the State being divided into six treasury districts, William Skinner, William Cathey, William Johnston, Green Hill, Richard Cogdell, and John Ashe were chosen treasurers of their respective districts. It being evident that continental troops, trained and disciplined in long continuous service, would be more effective than short-time militia called from their fields to action and anxious to return to cultivate their farms, unusual efforts were made to enlist continentals. To that end it was proposed that any ten militiamen who should furnish one continental recruit to serve eighteen months should themselves be exempt from all military service for that period, except only in case of actual invasion or insurrection. By this means, together with a liberal bounty, it was hoped that two S. R., XIV, thousand continentals could be recruited by July. But all these hopes were disappointed, and only about six hundred were raised, so that in July Governor Caswell was obliged to make another call on the militia districts for a force to relieve General Butler, the command of the new levies being conferred on General Lillington. As the detachments were being collected, however, a large force from Virginia passed through the State to the aid of General Lincoln, relieving his necessities; so for a time Lillington's drafts returned to their homes. And, indeed, there were other considerations that pressed Governor Caswell to defer this expedition. In Edgecombe, Nash, and Johnston Tory leaders were harboring deserters who had signed articles of association to prevent the militia from being drafted, and who inaugurated a reign of lawlessness, requiring a military force to S. R., XIV, restore civil authority. While at the west the Tories were again active, and Rutherford reported that there was an organized band in Burke publicly robbing the friends of America and murdering them, and that a conspiracy was , forming for a rising immediately. July, 1779 181 The Tories active 321 June, 1779, 129, 137 Lee's Memoirs, 130 Stono On June 20th General Lincoln attacked Colonel Maitland at Stono, in the vicinity of Charleston. General Butler's militia composed the right and General Sumner's continentals the left of the attacking force. In the front of the British line was Colonel Hamilton with his regiment of Loyalist North Carolinians. Both militia and continentals BATTLE OF STONO 605 Death of 1779 behaved admirably. General Butler, much gratified, reported to Governor Caswell that he could with pleasure assure him that the officers and men under his command behaved better S. R., XIV, than could have been expected of raw troops. Lieutenant 312, 315 Charlton, of the continental brigade, was killed and Major Hal Dixon was wounded, as also was Major William R. Davie. It was the twenty-third birthday of this young officer, destined in after years to attain eminence both in military and civil life. He was in command of a detachment of cavalry. In a cavalry charge he was wounded and fell from his horse. His company soon began to retire, when a private, although the enemy were but a few yards distant, deliberately placed the wounded officer on his horse and led him from the field. Davie never knew the name of his deliverer. The wound in his leg was so severe that the major was incapable of further service during that year. 157, 325, 338 The continentals In July, the British having retreated from their demon- S. R., XIV, stration against Charleston, General Sumner marched his continentals to Camden, and being in ill health, he returned to North Carolina and addressed himself to securing more continental recruits. The enlistment of many of his men expired in August, but others were constantly being sent to on the his camp, and about August 1st Colonel Lamb led a large detachment from the east to Camden, where he was joined by others from Salisbury. The sand hills of the Peedee were found to be most healthful and admirably located for a camp, and the continentals remained there until the last of the month, when they marched to Charleston. sand hills Savannah, But hardly had they reached Charleston when a French fleet, bearing an army of thirty-five hundred men, arrived in the Savannah to co-operate with Lincoln in an attack on the British garrison of that post. The allies concentrated S. R., XIV, there early in September, but a month passed before the 344 French were ready to attack, and North Carolina militia were hurried forward, but were detained at Charleston by General Moultrie. In the attacking column were the North McRee's Carolina continentals; with the defenders were Hamilton's Loyalist regiment. Though ultimately unsuccessful, the attack was made with great resolution, and for a time the standard of the North Carolinians floated over the parapet Iredell, I, 435 1779 Lee's Memoirs, 142 Hogun's brigade Feb., 1780 S. R., XIV, 798 of the Spring Hill redoubt. The French lost 700 men and the continentals 240 out of a corps of 600. As the British plans developed, the invasion of the South wore such a threatening aspect that toward the close of September congress directed the North Carolina brigade to reinforce General Lincoln, but Washington detained them for a time, and it was not until November 23d that the brigade broke camp on the Hudson and began its long march to South Carolina. About the middle of February General Hogun reached Wilmington with about seven hundred men, and on March 3d went into camp at Charleston. A little later Washington also sent all of the Virginia continentals south. In 1779 the counties of Wayne, Montgomery and Richmond were established, the last named for the Duke of Richmond, while its county seat was called Rockingham, in honor of two friends of the colonists in Parliament. CHAPTER XXXV NASH'S ADMINISTRATION, 1780-81 The confiscation act.-Lillington's brigade.-The fall of Charleston. The prisoners suffer.-Death of Hogun.-The delayed reinforcements.-Tarleton's quarters.-Invasion apprehended.-Caswell major-general.-De Kalb's reinforcements arrive.-Gates to command.-Activity of Rutherford.-Ramseur's Mill.-Rutherford_pursues Bryan.-Plans of Cornwallis.-De Kalb encamps on Deep River. Davie's enterprise.-Gates advances.-Battle of Camden.— Death of De Kalb.-Gallantry of Gregory and Dixon.-Gates's ride. -The disaster.-At Charlotte.-Sumter's negligence.-Davie in advance. The spirit of the people.-New supplies.-Preparations for defence. The Assembly acts.-The Board of War.-Smallwood supersedes Caswell. The confiscation act S. R. XXIV, 263-268 992 1779 The Assembly convened about the middle of October. The members felt that they had temporized long enough with the malcontents, and a bill was passed to carry into effect the act of 1776, confiscating the property of Tories. It was a strong and sweeping act of confiscation. Willie Jones and a dozen other representatives entered a vigorous protest against it. "It involves such a complication of blunders and S. R., XIII, betrays such ignorance in legislation as would disgrace a set of drovers," protested Jones, with emphasis. At that time, as later, hundreds of hogs were driven in droves from one part of the State to another where a market could be found, and the men so employed were known as "drovers." But notwithstanding Jones's disgust, the measure was passed, although later its severity was tempered, and it was not carried into full operation. Many of those who would not take the oath of allegiance were allowed to remain in the enjoyment of their homes, but became known even in the acts of the Assembly as "non-jurors." General Jones having been appointed a delegate to congress, William Eaton became brigadier of the Halifax dis |