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Carolina Cradle
Settlement of the Northwest Carolina Frontier, 1747-1762
By Robert W. Ramsey The University of North Carolina Press
Copyright © 1987 University of North Carolina Press
All right reserved. ISBN: 978-0-8078-4189-1
Chapter One
Life of the People
Bad blood seems to have existed in October, 1760, between Alexander Cathey and John McElwrath. John Oliphant, one of the justices of the peace, took the deposition of John Dobbin, James Carson, and Alexander Cathey to the effect that McElwrath was, as Cathey put it, "a Person of Lewd Life and Conversation and a Common Disturber of his Majestys Peace." Dobbin, in his statement, testified that "John Mcklewrath was in his shop some time in September Last ye said Dobin & Mckellwrath being in Discors about Law bisnes between ye said Alexaner and ye said Mckellwrath. Mcklwrath Swor by God if he could not get Law he would turn as bad as Aney Chirch and would take it at his own hand." Carson stated that "on the first of Septe 1760 ... he saw John Mcwrath Standing near the Court house on the Main Street with a cut Lash in his Hand he was askt by some persons which this deponat doth not Remember who was he Raging agains he sd that damd Rogue Eleck Cathey had Robed him on the Kings Highways and further said that if he meaning said Eleckxr would come nigh he would cut him to peses." Walter Carruth, another justice, issued a notice "to any Lawfull Officer" to summon Andrew Cathey and Peter Lawrance to appear before Carruth for the purpose of testifying "what they know concerning John McElrath's threatening to maim, wound, and Evil Intrate Alexander Cathey Esqr." Records in possession of the Knox family, after describing the "magnificent grazing country" up and down Third Creek, describe how "A man (semi-barbarian) by the name of Mclwrath owned a great amount of land on both sides of the creek probably and had large droves of horses. He forbade the original members of the Third Creed Church from making roads through his land; had a law suit on it. Our church-going ancestors and other emigrants gained it on the grounds that it was their meeting and mill road."
The numerous entries in John Dickey's ledger book indicate the consumption by the settlers of a considerable quantity of brandy and other liquors. John Kerr purchased nearly two gallons of liquor from Dickey between September 26, 1758, and January 26, 1759. James Graham and James Storey were even more prolific in their alcoholic acquisitions. Story bought nothing but liquor between June 5, 1758, and March 24, 1759. Quaintly, his very next purchase (April 16) was 8s.5d. worth of drugs, obtained by Dickey from an unidentified doctor.
Just as is the case today, petty offenses were common, major crimes less so. During the period from 1753 to 1762, no one was executed for murder; but other types of crime were common and sometimes comical.
In June, 1753, John Baker petitioned the court that "whereas the said John Baker happened to be a late affray with another person whereupon the person with home he had the said affray ... but the under part of his ear off ... he prays that his petition be recorded and granted and the court ordered the clerk to give him a certificate of the same." Ear-cropping was common punishment for larceny, and Baker was anxious to have a certificate to show that he was not a thief. Later the same year, James Stewart was brought to court by order of Thomas Potts, one of the justices, on suspicion of stealing a pair of buckles. The court decided that the proceedings were illegal and the charges were dismissed-although Stewart was required to pay a fine of ten shillings for "his insulting of Thomas Potts, Esquire."
Fines were commonly assessed for such offenses as cursing, drunkenness, and refusal to accept jury duty. Robert Tate, in 1754, was fined twenty shillings "for condemning the authority of the court and for two oaths also." At the same time, he was forced to pay thirty shillings "for being drunk and incapable of attending as grand juror." James Jones was fined five shillings for contempt of court and five shillings for swearing. As already noted in an earlier chapter, James Bowers was jailed for an attack on Hugh Montgomery and certain of his property was auctioned to pay the fine incurred.
Not all of the settlers were guilty of wrongdoing. In 1755, the court ordered "that Henry Horah have and receive for his trouble with a certain sick man for whom he had provided meat, drink, and lodging the sum of three pounds proclamation money, and likewise Paul Beefle the some of one pound five shillings like money, and also Peter Arrand for his trouble likewise the sum of one pound ten shillings to be paid out of public dues."
Perhaps the most serious social problem which confronted the growing community was that of illegitimate or orphaned children. The pages of the county court minutes are filled with accounts of the provisions made for these unfortunates. Usually, the court placed the orphan in the custody of a prominent citizen until the child should reach the age of twenty-one. The orphan's position was thus much the same as that of an indentured servant, except for the fact that the county court, rather than the orphan, made contract for the indenture. The case of James Fletcher may be used as an illustration of the procedure followed. In March, 1754,
James Carter, Esquire, produced an orphan boy named James Fletcher and prays that the said orphan may be bound to him until he arrives to age, the consideration of the court was that the said James Fletcher should be bound to James Carter until he arrive at the age of 21 years... the said Carter do oblige himself to pay the fees that may become due to my lords office for the clearance of two certain tracts and entrys of land in this county left to him [Fletcher] by William Bishop deceased and also to pay the quit rents which hereafter may grow due until ye servant come to the age aforesaid and also to teach or instruct him the said servant to read English and to write a legible hand.
The orphan was not without recourse, however. The guardian was answerable to the court for his treatment of the fatherless children instructed to this care. In April, 1755, Elizabeth Deason (or Deacon), widow of the James Deacon mentioned earlier in this study, petitioned the court to grant her the guardianship of the orphans of Joseph Reed, "she being the mother of said children." James Carter and James Carson presented themselves as her security, thereby making themselves equally liable with her for any ill treatment which should befall the children. The court ordered that "the said Elizabeth Deason have the guardianship of said orphans until complaint be given to this court against said guardian, setting forth that said orphans is not brought up in a Christianlike manner and provide sufficient clothing and apparel and meat and drink during her guardianship." As the result of a complaint lodged by an orphan named Unity Cosby, she was transferred by the court from the guardianship of James Huggen to that of Alexander Osborne to serve "4 years ... till she Attain the age of Eighteen yeares."
Indentured servitude constituted another problem. Servants often ran away, and females sometimes made nuisances of themselves by having illegitimate children. In 1755, the court directed one Mathias Cramps to serve Edward Cusick one year beyond the expiration of his indenture because of the expenses incurred by Cusick as a result of the servant's "bad behavior and absenting himself from his master's service." John Tassell, a servant of William Alexander, ran away and stayed for seven months. The court added six months to Tassell's original indenture of four years. Thomas and Elinor Jordan were described as convicts and were required to serve Edward Cusick for a period of seven years, dating from June 6, 1756.
Women indentures who had illegitimate children were usually required to add one year to the time of their indenture in order to compensate their masters for expenses incurred and time lost during the period of pregnancy. Six cases of this sort were recorded during the period covered in this study. It seems reasonable to assume that there were additional cases which were not brought into court.
Nor were the county officers themselves immune from the vicissitudes of frontier life. A multiple office-holder of James Carter's stature was rarely popular with the settlers, and his necessary duties as justice of the peace did not serve to increase his popularity. In October 17, 1756, Dr. Andrew Cranston "with force of arms to wit Swords Clubs etc in and agt James Carter Esqr ... in the execution of his [Carter's] office as his Majesties Justice of the Peace ... committed an assult did make and him the sd James Carter then & there did beat bruise wound & evily Intreat soe that of his life he was much despaired and other Enormities in and agt the sd James he offered." In his capacity as surveyor, too, Carter did not always conduct himself in a manner calculated to win the affection of the frontiersmen. In December, 1758, it was resolved in the Assembly that "James Carter a Surveyor in the Earl's Office [Granville], under Pretence of receiving Entries and making Surveys, has at different times exacted and extorted considerable sums of Money from several Persons, without returning the same into the Office; by which they have been prevented getting their Deeds."
John Edwards, Jr., reported how he and James MacManus, while engaged in surveying a tract of land in September, 1749, were set upon by a number of persons then living on the land. According to Edwards, after he and MacManus had finished the survey, "several of the Neighbours and Particularly [John] Withrow two of the Brandons and others came and hindered the sd James McManus from making any other Survey by drawing their Swords on him and threatening to shoot him with Rifles which they had with them." It seems quite clear that frontier life involved considerably more than fighting Indians, attending church, and raising families....
(Continues...)
Excerpted from Carolina Cradle by Robert W. Ramsey Copyright © 1987 by University of North Carolina Press. Excerpted by permission.
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