IN THE DAYS OF GOOD "QUEEN BESS." On the 16th day of July, 1584, Sir Walter Raleigh's colony landed on Roanoke Island, and took formal possession of the country in the name of the Queen. No day more prophetic of the love of individual liberty, and no more gallant leader could have been found for the beginning of a people who afterward fought at Alamance, drafted the Mecklenburg "Resolves," and "framed the first written compact that, west of the mountains, was writ for the guidance of liberty's feet."<a href="#1" class="toolTip" title="Footnote: 1
Constitution of the Watauga Association."> The first colony was lost; but others followed, and on the 18th day of August, 1585, Virginia Dare became the first of that sweet and gentle galaxy of beautiful and exemplary women who have made North Carolina what it is today. In 1663, by a grant from King Charles II, all the country lying between the Pacific and Atlantic oceans, and included within the 31st and 36th parallels of north latitude, was given to certain men, and William Drummond was appointed governor of the colony of Carolina. North Carolina, the State, was modest, therefore, when, after the Revolutionary War, she claimed all territory west of the mountains to the Mississippi only. "In 1690 that portion of the province lying north of the Santee river was styled North Carolina, and the four southern counties were called South Carolina. From this period began that long series of oppressions and grievances which finally culminated in the overthrow of the British and the establishment of the independence of the colony.
CLARENDON. "In 1729 this territory would have been embraced in the county of Clarendon.<a href="#2" class="toolTip" title="Footnote: 2
From Asheville's Centenary."> At this time the county of New Hanover, with indefinite western boundaries which seem to have extended to the Pacific Ocean, then called the South Seas, was formed, and the name of Clarendon as a county disappears. From New Hanover county in 1738 was cut off and erected the county of Bladen, whose western limits were left undefined. Again from the county of Bladen was formed in 1749 the county of Anson, still with undefined western limits. Here Buncombe's genealogy divides into two branches, to be united again in her own creation. That portion of her territory which was taken from Burke may be traced from this point as follows. In 1758 Rowan county was formed from a part of Anson county, and up to the beginning of the Revolutionary War continued in its entirety. In 1777 was formed from its western portion a new county called Burke.
BUNCOMBE'S ANCESTRY. "That portion of Buncombe county which was taken from Rutherford may be traced as follows. In 1762 was formed from the western part of the county of Anson a new county called in honor of the new queen of England, Princess Charlotte of Mecklenburg, by the name of Mecklenburg county. In 1768 the western part of Mecklenburg county was erected into a new county, and named in honor of North Carolina's notorious Colonial governor, Tryon county, but during the struggle for independence the North Carolinians were but little disposed to honor the name of their former oppressor, and when in 1779 this county had become inconveniently large, it was formed into two new counties, and the name of Tryon dropped, and the eastern part called Lincoln, while the western portion received the name of Rutherford county, in honor of Gen. Griffith Rutherford."
LOCKE'S CONSTITUTION. It is frequently forgotten that for several years the colony of Carolina was governed by Locke's "grand model" constitution; and but a few lawyers know that it is set forth in full in the second volume of the revised Statutes (1837) North Carolina, where can also be found that much vaunted but little known "palladium" of our liberties, "Magna Carta." Locke's plan provided that these backwoodsmen were to have "two kinds of nobles put over them : greater nobles, who were called landgraves; and lesser nobles, who were named casiques. The head of the nobles was to be called Palatine."<a href="#3" class="toolTip" title="Footnote: 3
Hill, p. 43.">
THE EDENTON TEA PARTY. In Edenton on October 25, 1774, fifty-one ladies crowded into the home of Mrs. Elizabeth King and signed an agreement to do all in their power to carry out the wishes of the New Bern convention, and declined to allow any more English tea to be served on their tables.<a href="#4" class="toolTip" title="Footnote: 4
Ibid., p. 152.">
THE REVOLUTION. In 1773, John Harvey, Speaker, laid before the House of Commons appeals from several other colonies for its concurrence in the appointment of a committee to enquire into the wrongs imposed by England on the colonists. In August, 1774, the Assembly or Congress met at New Bern, in defiance of the proclamation and denunciation of royal authority. It endorsed the plan for a general congress in Philadelphia in September following. In February, 1775, John Harvey issued a call for the Assembly to meet at 'New Bern on the 4th of the following April, and a notice to the people to send delegates to a convention to be held at the same time and place. On the 20th of May, 1775, the people: of Mecklenburg adopted a declaration of independence, a copy of which was sent to the Continental Congress at Philadelphia. Governor Martin, the royal governor, fled and the provisional congress met at Hillsboro on the 20th of August, 1775 and adopted measures for offensive and defensive warfare. On the 4th of April, 1776, the provincial congress met at Halifax, and on the 12th of that month expressed the readiness of the people to declare their independence of the Crown, appointing a committee of safety, with Cornelius Harnett as chairman. On the 12th of November, 1776, a convention of the people adopted a constitution, which provided for a legislature, judiciary, etc., and the election of the governor by the Legislature. "<a href="#5" class="toolTip" title="Footnote: 5
SEEDS OF SECTIONALISM. Most of the population was in the east and this constitution provided that each county should have two members of the House of Commons, as the popular branch was called, and one Senator. But, with the rapid settlement of the western part of the State, dissatisfaction arose, and as early as 1790 efforts were made to remedy this uneven representation. By 1818 the feeling had grown so intense that there was talk of a separation into two States.<a href="#6" class="toolTip" title="Footnote: 6
Hill, 249."> The western members wanted the members from each county to correspond to the number of inhabitants, and demanded that the governor be elected by the people direct. Largely through the efforts of David L. Swain, then governor, the question of calling a State convention was left to a vote of the people, and adopted by 5,856 majority.<a href="#6" class="toolTip" title="Footnote: 6
EARLY LEGISLATION. In the " Laws of North Carolina," as revised by Henry- Potter, J. L. Taylor and Bart. Yancey, Esqs., in two volumes, published in 1821, is found provision for entry takers and surveyors, establishing courts (1777) and regulating proceedings therein, directing methods of electing members of the legislature, to encourage the building of public mills (ch. 122); making parts of Surry county and of "the District of Washington, now a part of Tennessee, into Wilkes county (ch. 127); while chapter 154, laws of 1779, prohibits hunting deer in night time with guns and fire-light;<a href="#7" class="toolTip" title="Footnote: 7
Col. Byrd, in his Writings, calls fire hunting driving game to a central point by means of fires set around a circumference."> chapter 212, laws of 1784, prohibits killing deer in woods on the east side of the Appalachians between the 20th of February and 15th of August, but permitting the slaughter to continue to the west. Chapter 227, laws of 1784, empowers the county courts of pleas and quarter sessions to order the laying out of public roads. Chapter 201 of the laws of 1784 describes the lands granted to General Nathanael Greene (acts of 1782) to be laid off by Absalom Tatum, Isaac Shelby and Anthony Bledsoe, beginning on the south bank of the Duck river. That is now a part of Maury county, Tenn. Chapter 123, laws of 1777, provides a penalty for burning or setting fire to woods. Haywood's Manual, p. 377, provides for the enrollment (with certain excepted classes) of all males between 18 and 45 years of age, fixes penalties for failing to attend musters, gives such members of the militia free passage over all ferries, and exempts them from working roads on muster days. The confiscation of lands belonging to all who took up arms against the United States is provided for (ch. 17, laws of 1777), while chapter 2, laws of 1779, gives a list of those whose lands have been forfeited (Haywood's Manual, p. 123). Military land warrants were provided for in ch. 18, laws of 1741 (Haywood's Manual, p. 448), and on page 450 is found the requirement that prisons shall contain a criminals' room, a debtors' room, a female prisoners' room and a negroes' room.
PRISONS IN TOWNS AND COUNTRY. But in the year of our Lord, one thousand nine hundred and twelve there appeared in an Asheville daily newspaper the following:<a href="#8" class="toolTip" title="Footnote: 8
Gazette News, November 30, 1912.">
" 'I have been visiting these places for five years,' said Mr. Crabtree. `I have been urging that North Carolina do away with the chains and establish the merit system. The convicts need help. The work needs evangelists, chaplains. The prisoners have no encouragement.'
" One of the Buncombe road camps, that in lower Hominy, was visited. The officials were found to be kindly and courteous. The objectionable double bunk system is used. White and negro prisoners are kept together, 22 men packed in a 30 by eight feet iron cage. Sanitary conditions are very poor as to bed clothing."
There are also laws concerning runaways, slaves, free negroes and mulattoes.
CONFISCATION. The act of 1779 (ch. 153, p. 384, Potter's Revisal) refers to an act of 1777 for the confiscation of the property of all persons inimical to "this or the United States," and provides methods for carrying that act into effect. A list of those whose property is declared forfeited, comprising almost an entire page, is given.
FINANCIAL LEGISLATION. In 1783 (ch. 185, p. 435) the legislature declared that "the opening of the land office and the granting of lands within the State would not only redeem the specie and other certificates due from (doubtless meaning `to') the public, but greatly enhance the credit thereof (sic)." In 1783 (ch. 187) a table was given showing the scale by which to determine the value of the depreciation of paper currency, estimated in specie; and a "table of coins," giving the value in North Carolina currency of a guinea, a half-guinea, a French guinea, a moidore, a four pistole piece, a pistole, a double Johannes, French and English crowns, a dollar, a pistareen and a shilling.
WASHINGTON DISTRICT AND COUNTY. In 1777 (ch. 126, p. 349) the State recognized the "late district of Washington," the old Watauga Settlements, by erecting it into a new and distinct county by the name of Washington county. It was to begin at the most northwesterly part of Wilkes, on the Virginia line, and run south 36 miles; then west to the ridge of the Great Iron mountains; thence southwestwardly to the Unicoy mountain where the trading path crosses, and then south to the South Carolina line, and then due west to the "great river Mississippi, then up the river to a point due west from the beginning.", Thus, Washington county embraced what is now Tennessee.
FOR THE RELIEF OF MORAVIANS, QUAKERS, MENNONITES AND DUNKARDS. In 1780 (ch. 166, p. 406) an act was passed which recited that as an act had been already passed which required all persons to take an oath of allegiance to the State or be sent out of it, and deprived of civil rights therein, which oath certain persons "pretended" the Mennonites, Quakers, etc., etc., had not taken, and had, under this pretext, entered upon and were then claiming the lands of those sects, it was enacted that all such entries and proceedings thereon should be null and void.
FORMATION OF FIRST COUNTIES. In 1791 Buncombe was formed from Burke and Rutherford counties; in 1799 (Laws of N. C., p. 98) Ashe was formed, and it is the shortest act of the kind on record: "all that part of the county of Wilkes lying west of the extreme height of the Appalachian mountains shall be, and the same is hereby erected into a separate and distinct county by the name of Ashe." In 1808 Haywood was formed out of the western part of Buncombe, and it extended to the Tennessee line. The formation of these three counties required an interval of about ten years between each. Then followed the dead-lock of twenty years, extending to 1828, when Macon was allowed to become a county, it having been taken from Haywood. Yancey was formed in 1833, out of Burke and Buncombe. It had thus taken forty-two years to get five counties west of the Blue Ridge. But the leaven of discontent was working, and the convention of 1835 was called by a vote of the entire people of the State.
CONVENTION OF 1835. The convention met at Raleigh in January, 1835, and the demands of the west for the election of representatives and governor by the direct vote of the people were granted; the right of suffrage which hitherto had been enjoyed by certain "free persons of color"<a href="#9" class="toolTip" title="Footnote: 9
Handbook of North Carolina, by L. L. Polk, p. 22."> was abrogated. Catholics were relieved of political disability, the governor's term was extended to two years, and biennial, instead of annual sessions of the legislature provided for. But something had been held back, and that was
"FREE AND EQUAL SUFFRAGE." The first Democratic governor chosen by the people was David S. Reid, in 1850, who favored what was called "free and equal suffrage." To understand this phrase it will be necessary to understand that, under the constitution of 1835, white males, 21 years old, who had paid their taxes could vote for members of the house of commons; but they could not vote for senators unless they owned fifty acres of land. "Free Suffrage" meant to allow any free white man to vote for a senator, whether the voter owned land or not.<a href="#10" class="toolTip" title="Footnote: 10
THE FLY STILL IN THE OINTMENT. Thus, the new constitution still left something to be desired: the senate was to consist of fifty. senators, the number from each senatorial district being determined, not by population, but by the amount of taxes paid. That did not suit the white men of the west at all.
PREVALENCE of EASTERN NAMES. With the exception of Swain, no county west of the Blue Ridge is named for a citizen of this section; and, except Bakersville and Bryson city, no county seat is named for a son of the west. These honors had to be bartered away to get the legislature to consent to the formation of every other county west of the Blue Ridge. For even eastern men admit that we obtained our just dues only by barter and trade.
SECTIONALISM RAMPANT. Of this period Chief Justice Clark<a href="#11" class="toolTip" title="Footnote: 11
Address of Judge Walter Clark at Burnsville, July 5, 1909, unveiling statue to Captain Otway Burns."> says:
"During the time Capt. Burns was in the legislature (1821 to 1834 the east had a disproportionately large representation. The west had increased very greatly in population and demanded an increase in representation, either by the creation of new counties in the west or by calling a constitutional convention. These measures were voted down in the general assembly, or if a new county was created in the west a new one was created in the east-just as in congress before the war, if a non-slave-holding state was admitted into the Union, a slaveholding state was admitted to balance it. Capt. Burns, though he was from Carteret county, on the very borders of the ocean, his was the odd vote that created flacon county in 1877. In 1822 he voted for Davidson county. Ile voted for the creation of Yancey county in 1827, the vote being a tie. The speaker voted `aye', but the bill was lost in the senate. In 1828 he voted for Cherokee, though the measure then failed, the county not being created till eleven years later, in 1839. In 1833 Capt. Burns was in the senate and again voted for the creation of Y Yancey county, which measure their passed. The grateful west promptly named the county seat of the new county 'Burnsville.'
"We of this day can hardly realize the bitter feeling that then existed between the east and west in our State until the inequality of representation was remedied by the constitutional convention of 1835."
As the Cherokees agreed to go west in 1835 we should have here a----
RECAPITULATION of INDIAN TREATIES, the principal of which, concerning the mountains of Western North Carolina, may be briefly summed up as follows:
Treaty of 1761, by which the Blue Ridge was made the boundary;
Treaty of 1772 and purchase of 1773, by which the ridge between the Nollechucky and the Watauga rivers, from their sources in the Blue Ridge westward, and from the Blue Ridge to the Virginia line, was rnade the boundary line;
Treaty of Hopewell, 1785, by which the line was moved westward to a line running just east of Marshall, Asheville and Hendersonville;
Treaty of Holston, 1791, establishing Meigs & Freeman's line;
Treaty of 1819 by which the line was moved west to the Nantahala river;
Treaty of New Echota, or 1835, by which the Cherokees surrendered all lands east of the Mississippi, and agreed to remove.
FROM 1833 TO 1849. Notwithstanding the changes wrought in the constitution by the convention of 1835, the west made but little progress politically, as during those sixteen years only one additional county was permitted to organize, and that was Henderson, taken from the southern part of Buncombe in 1838. But, although the Senate was to continue to represent the landed interests till 1857, when the constitution was amended by- the Legislature so as to distribute senators according to population,<a href="#12" class="toolTip" title="Footnote: 12
Hill, p. 264."> between 1818 and 1862 seven new counties were established west of the Blue Ridge, viz.: Watauga, 1849; Jackson, 1851; Madison, 1851; Alleghany, 1859; Mitchell, 1861; Transylvania, 1861; and Clay, 1861.
A NATURAL DIPLOMAT.<a href="#13" class="toolTip" title="Footnote: 13
Capt. James W. Terrell in The Commonwealth, Asheville, June 1, 1893.">" In 1848 William H. Thomas entered the Senate from Macon county, and remained there till 1862. In those twelve years he accomplished more for western North Carolina than any other man who ever lived. In addition to securing the creation of the seven new counties above referred to, he had the Western Turnpike from Salisbury to Murphy constructed and paid for out of the sale of Cherokee lands; he secured a charter for the Western North Carolina Railroad and saw it finished to within a few miles of Morganton at the foot of the Blue Ridge, and had the charter so altered that after the road should reach Asheville it should go west toward Murphy as rapidly as it proceeded northwest toward Paint Rock. In addition to this he cawed turnpike roads to be built all through the mountains, and helped to organize the companies which constructed them, by giving barbecues and holding public meetings at which he taught the people the importance of making good roads. And, in the meantime, he was using his powers of persuasion to induce South Carolina to endorse four million dollars of the bonds of the Blue Ridge Railroad that was to enter our State at Rabun gap and proceed down the Little Tennessee to Cincinnati. He was also engaged at this time in looking after the affairs of the Eastern Band of Cherokees, by whom he had been adopted when a youth. He lived to see the railroad completed to Murphy." A monument of bronze is due to his memory from the people of Western North Carolina.
SECESSION. On the 30th day of January, 1861, the Legislature submitted to the people the question of holding a convention to consider secession; but it was voted down. But when, in April, 1861, President Lincoln issued a proclamation calling on North Carolina, with the other states still in the Union, to contribute her quota of troops to be used in coercing those states which had withdrawn to return to the Union, the Legislature voted for a convention, and on the 20th day of May it unanimously adopted the ordinance of secession.
NORTH CAROLINA DID NOT FIGHT FOR SLAVERY.<a href="#14" class="toolTip" title="Footnote: 14
From "Thirty-Ninth Regiment" by Lieut. Theo. F. Davidson in Vol. II, of "Histories of the Several Regiments and Battalions from North Carolina," p. 699."> "One of the most significant proofs of the fact that the status of the negro was not, at the South, regarded as the issue, was the ardor with which the nonslaveholding portions of the population flew to arms at the call of their respective states, and the fidelity they exhibited for the cause through' four years of struggle, self-denial, suffering, death and social destruction.
FEW SLAVE-HOLDERS IN THE MOUNTAINS. "Especially was this true of the North Carolina mountaineer. In the greater portion of that section of the State extending from the eastern foot-hills of the Blue Ridge to the western boundaries of Clay and Cherokee, the slave-owners in 1861 were so rare that the institution of slavery may be said, practically, to have had no existence; and yet that region sent more than fifteen thousand fighting men-volunteers-into the field.<a href="#15" class="toolTip" title="Footnote: 15
According to Wheeler's "History of North Carolina" there were only 4,669 slaves in 1850 in this entire mountain region.">
REGIMENTS. "The Sixteenth, Twenty-fifth, Twenty-ninth, Thirty-ninth, Fifty-eighth, Sixtieth, Sixty-second, Sixty-fourth, Sixty-fifth and Sixty-ninth regiments were composed exclusively of mountain men; and in addition they were numerously represented in the "Bethel, " Ninth, Eleventh, Fourteenth, the " Immortal Twenty-sixth," the Nineteenth regiments, and other organizations. This estimate does not include a large number of men from the same territory, who during the progress of the war were embodied in independent commands, and did gallant service in the campaigns in Virginia, in the southwest and in the immediate locality of their homes. These mountaineers were the descendants of the sturdy, hard-fighting Scotch-Irish, who, to a man, were Whigs in the Revolution, and by their stubborn resistance of the British aggressions, contributed so much to the establishment of the independence of their country. Nor does it include thousands who joined the Federal army.
NOT REBELS, BUT SONS OF REVOLUTIONARY SIRES. " The men of Western Carolina, whose sublime devotion and courage, with that of their comrades from other portions of the South, have made the heights of Gettysburg and Fredericksburg and Sharpsburg, the plains of Manassas and Chickahominy, the wilderness of Chancellorsville and Chickamauga, the valleys of Virginia, Georgia and Tennessee, immortal, had in their veins the blood of the patriots who fought at Brandywine, Germantown, Monmouth, Yorktown, Savannah, Guilford, Eutaw Springs and Kings Mountain-and, let it never be forgotten, they fought, and fighting died, for the same great divine right-the right of a people to ordain and control their own government."<a href="#14" class="toolTip" title="Footnote: 14
From "Thirty-Ninth Regiment" by Lieut. Theo. F. Davidson in Vol. II, of "Histories of the Several Regiments and Battalions from North Carolina," p. 699.">
OUR "WAR GOVERNOR'S" RIGHT HAND."<a href="#16" class="toolTip" title="Footnote: 16
From Ch., 37, of Hill's "Young Peoples' History of North Carolina.""> Governor Vance was the colonel of the 26th North Carolina regiment when he was elected to the high office of governing his people in the most momentous and troublous time in their history; but notwithstanding that fact, he realized that he was not a trained and educated soldier. He therefore, summoned to his side at the outset of his term that accomplished officer and gentleman, General James Green Martin, who had graduated from West Point in time to lose an arm in the Mexican War and to be brevetted for gallantry on the field of Cherubusco. He was, therefore, continued as adjutant general, to which position Gov. Clark had appointed him in 1861, and the legislature wisely gave him great power and put money freely at his command, in preparing our troops for battle. Without factories and without markets, forty thousand armed and well-drilled men had been turned over to the Confederacy within seven months; while in less than one year after North Carolina left the Union the State had nearly sixty thousand men in camp. He did not stop then, but as rapidly as possible Gen. Martin added regiment after regiment until seventy-two regular regiments had been formed. Later in the war three regiments of boys too young for regular duty- were organized. In addition to these, in the days of sore need, five regiments of old men were pressed into the service of the Confederacy. Then came the Home Guard, the whole aggregating 125,000 soldiers.
ARMA VIRUMQUE. And not only did he make soldiers, but he also went actively into the manufacture of arms. He hired two Frenchmen to make swords and bayonets at the armory at Wilmington, while workmen in Guilford made 300 rifles a month. The State took charge of the old United State arsenal at Fayetteville and made excellent rifle. One powder mill near Raleigh made weekly 4,000 pounds of powder. Pistols, swords, cartridge-boxes, gun-caps, bayonets, cartridges, powder, lead, etc., to the value of x1,673,308 were furnished the soldiers before April, 1864.
QUARTERMASTER; ALSO COMMISSARY. The Legislature in 1861 directed Gen. Martin to clothe the soldiers as best lie could, and he started a clothing factory at Raleigh, and required all the mills in the State to send him every yard of cloth they made. Officers were sent into the far South to buy all the shoes and cloth they could find, while women at home furnished blankets, quilts and comforts, even cutting up their carpets and lining them with cotton to be used for blankets. In 1862 Gen. Martin asked Gov. Clark to buy a still) to run the blockade and bring in supplies from foreign ports; but as the Governor's term was nearly out, lie asked Gen. Martin to submit his plan to Governor Vance. He did so, and the Governor approved it; and Gen. Martin sent John White to England, where he bought the Advance, named in honor of the Governor. This ship brought in many cargoes of goods before it was captured. The State bought cotton and rosin and in foreign ports exchanged these for such supplies as were most in demand. Other ships ran the blockade also, bringing in 250,000 pairs of shoes and cloth for 250,000 suits, 2,000 fine rifles, 60,000 pairs of cotton cards, 500 sacks of coffee for the sick, medicine to the value of 850,000 and other articles. For these supplies the State spent 826,363,663. From these stores North Carolina contributed largely to the Confederate government, and during the last months of the war we were feeding one-half of General Lee's army.
GENERAL MARTIN TAKES COMMAND AT ASHEVILLE. His work of organizing and supplying the troops having ended, Gen. Martin took command of the troops in and around Asheville in 1864. He spent the rest of his life here, and died a "mountain man" just as "Zeb" Vance had always been, though his residence had been in Charlotte for years, and we are proud of their records.
MANY WELCOME PEACE. The sentiment for the Old Union did not wholly die in Western North Carolina even during the heat of the armed conflict which followed secession; and after having in vain asserted by nearly four years' warfare its conscientious contention that the general government had no right to force any state to furnish troops to coerce any other state to remain in the Union, many of the best and most influential citizens of these mountains, after the defeat of Hood at Franklin, Tennessee, and the evacuation of Savannah by the Confederates, considered further resistance as not only futile but a needless waste of blood and treasure, and that such people at home should make known their sentiments to the commanders of the Union forces in the South. Their hope was thus to avert further bloodshed and the destruction of property; and, as Sherman had not then started on his barbarous march through South Carolina, it is interesting to consider how much of suffering and loss might have been spared to the women and children of that State and elsewhere if their counsel had been followed.
PEACEFUL OVERTURES. In pursuance of this sentiment there is the best authority for making public the following facts: In January, 1865, there met in one of the rooms of the Old Buck Hotel at Asheville the following men: A. S. Merrimon, Weston Holmes, Alfred M. Alexander, J. E. Reid, J. L. Henry, Adolphus E. Baird, G. M. Roberts, I. A. Harris, and Adolphus M. Gudger. A paper declaring that the people were tired of further warfare and desired peace and the restoration of the Union was prepared by Judge A. S. Merrimon and signed by each of the above-named citizens. Adolphus M. Gudger undertook to have it delivered to Judge John Baxter at Knoxville. He did so, and it was put into the hands of the military commander then in charge of that city. Major W. W. Rollins, now postmaster at Asheville, saw and read it in January, 1865. It doubtless did much good in the saving of property when the Union forces invaded this territory in April and May following. Of these men A. M. Alexander, J. L. Henry and I. A. Harris were officers of the Confederate Army at the time they signed that paper. All are now dead except Dr. I. A. Harris, who lives at Jupiter, Buncombe county. This paper is said to be in existence, and its exact wording would be a matter of great interest at this time when there is so universal a sentiment in favor of the Union.<a href="#17" class="toolTip" title="Footnote: 17
In "The Last Ninety Days of the War," Ch. 16, when Federal General Gillam was approaching Swannanoa gap Love's regiment and Porter's battery went there and fortified it; and "Palmer's brigade was ordered to meet them there; but," Gen. Martin adds, "I regret to say the men refused to go."">
AFTER THE WAR. During the Civil War which followed secession, the writ of habeas corpus was not suspended in North Carolina or New York; but after peace had been declared Governor W. W. Holden, provisional governor, suspended it, and appointed Col. George W. Kirk, who had raided the mountain section during the war, to enforce martial law. North Carolina sent more troops into the Confederate army than any other Southern State; and while there were many desertions from the soldiers who had joined the Confederacy from the West, the mountain section was by no means a laggard in defense of the cause of the Confederacy.
RECONSTRUCTION. Gov. Holden called a convention which met in Raleigh October 2, 1865, but its work was rejected by the people by a vote of 19,570 for and 21,552 against, many of the whites being then disfranchised. Gen. E. R. Canby, commanding the Second Military District, ordered a constitutional convention which met January 14, 1868. The office of lieutenant governor was created, and that of superintendent of public works; all voters were made eligible to office; the number of the Supreme and Superior courts was increased and provision was made for their election and that of magistrates by the people; the County Court system was abolished and county government by a board of commissioners substituted. The sessions of the Legislature were changed back to one each year; provision was made to establish a penitentiary; negroes were given equal rights before the law with all whites, and a census of the State was ordered every ten years. A homestead of $1,000 in real estate and $500 in personal property was exempted from execution; Gov. W. W. Holden was impeached and removed from office in 1871; and Lieutenant Governor Tod R. Caldwell succeeded him.
THE EXHAUSTION of THE JUDICIARY. One of the charges against Gov. Holden had been the suspension of the writ of habeas corpus in Alamance and Caswell counties, during what was called Kirk's War, and the existence of the Ku-Klux Klan in 1869 and 1870, when, Col. Kirk, having refused to recognize the writs of the Supreme Court, Chief Justice Pearson had declared that "the judiciary was exhausted." Judge George W. Brooks, of the United States District Court for the eastern district, however, pitted the strong arm of the United States against this defiance of judicial authority, and Kirk and Holden yielded.<a href="#18" class="toolTip" title="Footnote: 18
Hill, 357, 358.">
CONVENTION of 1875. There was a Constitutional Convention, against the calling of which the eastern counties had voted solidly, held in Raleigh, September 6, 1875, which provided that separate schools should be provided for white and colored; that there should be criminal and inferior courts; that there should be a department of agriculture; limiting the per diem of members of the Legislature to four dollars a day during a session of sixty days; providing for the election of magistrates by the Legislature; reducing the number of judges, and disfranchising persons who had been convicted of infamous crimes. Sessions of the Legislature were again made biennial. In 1900 an amendment was adopted requiring a quasi-educational qualification for voters after 1908, except for the descendants of those who could vote prior to 1860. The period during which that exception was operative passed in 1908; but the fact that certain "free persons of color" had enjoyed the right to vote prior to the constitution of 1835,<a href="#19" class="toolTip" title="Footnote: 19
Polk, 22."> saved the exception, commonly called the "grandfather clause," from discriminating against anyone "on account of race, color or previous condition of servitude."
REGULATING PASSENGER RATES. In 1908 the Legislature passed an act limiting passenger rates on railroads to two cents per mile; and the railroads, after some litigation, finally compromised by agreeing to charge not over two and one-half cents per mile.
STATE-WIDE PROHIBITION. In 1908 the Legislature submitted to the people the question of prohibiting the manufacture and sale of malt and spiritous liquors anywhere in the State, and the measure was adopted by a large majority.
THE "NO-FENCE" LAW. In 1885, pursuant to an act of the Legislature passed at the request of Hon. Richmond Pearson, member of the House from Buncombe county, the voters of that county voted to eliminate fences in most of the townships, and requiring the owners of cattle, sheep, horses and "hawgs" to keep them in bounds. Buncombe was the pioneer county in adopting this economic reform; and Richmond Pearson the legislator who had the courage to secure its enactment. A quarrel grew out of this matter which resulted in the sending of a challenge to Mr. Pearson by Adjutant General Johnston Jones; but the day of dueling had passed forever, and the matter was adjusted.
Upon the election of Hon. Z. B. Vance as governor and a Democratic Legislature the magistrates were empowered to elect the county commissioners. This Was done to enable the eastern counties to control their board of commissioners in counties where negro votes predominated. But it finally resulted in great dissatisfaction, and helped to defeat the Democratic Party in 1894. The Republicans changed the law, in 1895, making the county commissioners elective by the people.
SWAIN, GRAHAM AND AVERY. Not much was left to be done in the way of division of the mountain territory when the Civil War came to put a stop to legislation along this line. Swain county was formed in 1871 and in 1872 Graham was formed out of a portion of Cherokee because it was cut off from the rest of the State by two high ranges of mountains on the east and south and by the Little Tennessee river on the north. Its county seat is Robbinsville. The county seat of Swain is Bryson City, named for the late Col.. Thad. D. Bryson who, as a member of the Legislature, secured its establishment as a county. Avery county was formed in 1911, and its county seat is Newland, named for Lieut. Gov. Newland of Caldwell. It is at the Old Fields of Toe, and the court house and jail are completed. In this county is some of the finest scenery in the South.
ONLY CRUMBS FOR THE WEST. Although Gen. Thomas Love had been in the Senate and the House from 1793 to 1828, except in 1797-98, and John and Elisha Calloway and George Bower from Ashe almost as long, it was not until Governor Swain Was elected by the Legislature a Superior Court judge for one of the eastern circuits that there was the slightest breach in the wall of sectionalism. His election by the legislature to the governorship in 1832 and afterwards to to the presidency of the University followed; but up to his election to the bench there had never been a judge from vest of the Ridge and there has never been a judge from this section elected to the Supreme Court, Judge Augustus S. Merrimon having moved from this locality long before his elevation to that office. And, with the exception of Judge Swain, there was never a Superior Court judge from the mountains till 1868, when Judges James L. Henry and Riley Cannon were elected under Reconstruction. Gov. Zebulon B. Vance of Buncombe was elected governor in 1862-64, and Gov. Locke Craig of the same county in 1912; but they and Governor Swain are the only governors this part of the State has ever had. Hon. James L. Robinson of Macon and Rufus A. Doughton of Alleghany have been presidents of the Senate, and James L. Robinson was elected speaker of the House in 1872 and 1874, but it was not till 1901 that Hon. Walter E. Moore of Jackson was elected speaker. In 1876 Dr. Samuel L. Love was elected State auditor from Haywood, and the Hon. Robert M. Furman in 1894. Hon. Theodore F. Davidson was elected attorney general in 1884 and 1888 and R. D. Gilmer in 1900. General Thomas L. Clingman of Buncombe was elected to the U. S. Senate in 1858, and Judge Jeter C. Pritchard in 1895 and 1897. Col. Allen T. Davidson was elected to the Provisional Congress of the Confederacy in 1861 and in 1862 by the people. In 1864 Judge George W. Logan of Rutherford county succeeded him. Hon. M. L. Shipman of Hendersonville has been labor commissioner for several years.
FELIX WALKER.<a href="#20" class="toolTip" title="Footnote: 20
The Biographical Congressional Directory states that he died in Asheville, which is erroneous."> When the Missouri question was under discussion, Mr. Walker secured the floor, when some impatient member asked him to sit down and let a vote be taken. He refused, saying he must "make a speech for Buncombe," that is, for his constituents. Thus "bunkum," as it is usually spelt, has become part of our vocabulary. Mr. Walker was born in Hampshire county, Va., July 19, 1753, and became a merchant. His grandfather, John Walker, emigrated in 1720 from Derry, Ireland, to Delaware, where his father, also named John, was born. The younger John moved first to Virginia and afterwards to North Carolina, settling within four miles of Kings Mountain. He was a member of the first convention at Hillsboro, July, 1775, and of the Provincial Congress which met there, August 21, 1775, afterwards serving in the Revolutionary War. He died in 1796. Felix went with Richard Henderson to Kentucky (then called Louisa), 1774-1775, where he was badly wounded by Indians. He then joined the Watauga settlement and became the first clerk of the court of Washington county. While holding this office he went to Mecklenburg county, and was made captain of a company of State troops which was placed at Nollechucky to guard the frontier against the Indians. After serving four years as clerk he moved to Rutherford county, N. C., where in 1789 he was appointed clerk of the court of that county. He represented that county in the General Assembly in 1792, 1799, 1800, 1801, 1802, and 1806. In 1817 he was elected member of Congress, and for two succeeding Congresses. R. B. Vance succeeded him in 1823. Walker was a candidate again in 1827, but withdrew in favor of Sam. P. Carson, who defeated both Vance and James Graham. Walker then removed to Mississippi, where he died in 1828, at Clinton.
ISRAEL PICKENS was born in Cabarrus county, N. C., January 30, 1780; moved to Burke county, receiving limited schooling; State Senator in 1808 and 1809; elected as Democrat to 12th, 13th and 14th Congresses (March 4, 1811-March 3, 1817) ; appointed Register of Land Office of Mississippi territory in 1817; Governor of Alabama, 1821-1825; appointed from Alabama to United States Senate to fill vacancy caused by death of Henry Chambers, serving from February 17, 1826, to November 27, 1826; died near Matanzas, Cuba, April 24,1827.21
JAMES GRAHAM was born in Lincoln county, January, 1793; graduated from University of North Carolina, 1814; admitted to bar and practiced; moved to Rutherford county, which he represented in the House of Commons 1822-1823, 1824, 1828-1829; elected to the 23d, 24th, 25th, 26th and 27th Congresses, and served from December 2, 1833, to March 3, 1843, excepting from it-March 25, 1836, to December 5, 1836, when a Democratic house declared the seat vacant, but at a new election Graham was again elected; defeated for the 28th Congress; elected as a Whig to the 29th Congress (March 4, 1845, to March 3, 1847) ; died in Rutherford county, September 25, 1851. 2 0
THOMAS L. CLINGMAN was born at Huntersville, July 27 , 1812; graduated from University of North Carolina, 1832; studied and practiced law; elected to House of Commons in 1835; moved to Asheville in 1836; elected State Senator in 1840; elected as a Whig to 28th Congress (March 4, 1843March 3, 1845) ; defeated by James Graham to 29th Congress; reelected to 30th, 31st, 32d, 33d, 34th and 35th Congresses (March 4, 1847-December 6, 1858) when he resigned; appointed in 1858 United States Senator as a Democrat to fill vacancy caused by resignation of Asa Biggs; was elected to United States Senate and served from May 6, 1858, to January 21, 1861, when he withdrew; was formally expelled from United States Senate July 11, 1861; appointed flay 17, 1862, brigadier general in the Confederate service, and commanded a brigade composed of the 8th, 31st, 51st, and 61st North Carolina infantry; delegate to the Democratic national convention of 1868; was a delegate to the State Constitutional convention of 1875; explored and measured mountain peaks and developed mineral resources of several regions; died November 3, 1897; buried in Asheville.
ZEBULON BAIRD VANCE, born in Buncombe county May 13, 1830, attended Washington College, Tennessee, was clerk at hotel, Hot Springs, North Carolina; attended University of North Carolina; admitted to bar in January, 1852, when he was elected county attorney of Buncombe; member of House of Commons, 1854; elected as a Democrat to 35th Congress to fill vacancy caused by resignation of Thomas L. Clingman; reelected to the 36th Congress, and served from December 7, 1858, to March 3, 1861; entered Confederate Army as captain in May, 1861, and made colonel in August, 1861; was elected governor August, 1862, and 1864; was member of Democratic national convention of 1868; elected to United States Senate November, 1870, but was refused admission, and resigned in January, 1872; he was defeated for United States Senate in 1872 by Hon. A. 8. Merrimon; was elected governor over Hon. Thomas Settle in famous campaign of 1876; elected to United States Senate in 1879; reelected in 1884 and 1890, serving till his death in Washington, D. C., April 14, 1894 20
ALEXANDER HAMILTON JONES was born in Buncombe county July 21, 1822, was educated at Emory and Henry College; he was a merchant, a strong Union man during the Civil War, and in 1863 joined the Union Army and was captured in East Tennessee while raising a regiment and imprisoned at Asheville and at Camp Vance below Morganton, and at Camp Holmes and at Libby Prison at Richmond, Virginia. He made his escape November 11, 1864, and joined the Union Army at Cumberland, Maryland. After the war he returned to Hendersonville and was elected a delegate to the State Convention to frame a new constitution in 1865. He was elected a representative to the 39th Congress but was refused a seat. He was reelected to the 40th Congress and was admitted July 6, 1868. He was reelected to the 41st Congress and made his home in Washington, D. C., till 1876, and in Maryland till 1884, when he came to Asheville, where he resided till 1890, going thence to Oklahoma, where he remained till 1897, when he moved to Long Beach, California, where he died January 29, 1901. He married Sarah D. Brittain, daughter of William and Rachel Brittain of Mills river, in 1843, of which marriage five children were born: Col. Thad W. Jones, U. S. A., Otho M. Jones, and Mrs. J. P. Johnson, Mrs. Thomas J. Candler, and 'Miss Charlotte Jones, spinster. His widow died in January, 1913, aged 92.
GEN. ROBERT BRANK VANCE. He was born in Buncombe county, April 24, 1828, and was the eldest son of David and Mira Vance. When 21 years of age he was elected clerk of the county court, and reelected till 1858, when he retired voluntarily. He was a Union man and voted against secession, but went into the Confederate Army when war was declared. He was first captain, but soon afterwards elected colonel of the 29th North Carolina Infantry, becoming brigadier general in 1863, after the battle of Murfreesborough. He was captured at Cosby's creek, Tenn., in January, 1864, and kept a prisoner till the close of the war. He was elected to the 43d Congress in 1872, and thereafter till 1885. He succeeded in securing daily mails in every county in his district, and many money-order offices. He was appointed commissioner of patents in 1885, and obtained an appropriation for dredging the French Broad river between Brevard and Asheville, a small steamer having been operated there a short time in 1876. He was in the State Senate in 1893. He was a sincere Christian, and the most useful congressman who ever went from that district. He died at Alexander, ten miles below Asheville, November 28, 1899.
EDMUND SPENCER BLACKBURN, born in Watauga county, September 22, 1868; attended common schools and academies; admitted to the bar in May, 1890; was reading clerk of North Carolina Senate, 1894-1895; representative in State Legislature, 1896-1897; was elected speaker pro tem of this Legislature; appointed assistant United States Attorney for western district in 1898, and assisted in the prosecution of Breese and Dickerson in the First National Bank case; elected as republican to 57th Congress (March 4, 1901-March 3, 1903) ; reelected March 4, 1905; and died at Elizabethton, Tenn., March 10, 1912. Interment, at Boone, N. C. Edmund Blackburn was the first of his family to settle in Watauga, then Ashe county, and married a relative of Levi Morphew, who is still living on the New River, well up in the nineties.. Edmund's children were Levi, Sallie, and Edmund, Levi having been the grandfather of E. Spencer and M. B. Blackburn of Boone. Levi Morphew is a son of Sallie Blackburn. Among the first Methodist churches in Watauga was the one built by the Blackburn family on Riddle's Fork of Meat Camp creek, called Hopewell, the :Methodists having worshiped in Levi Blackburn's house prior to that time. Henson's chapel on Cove creek was probably the first Methodist church in Watauga. The first church built in Boone was built about 1880.
ROMULUS Z. LINNEY. He was born in Rutherford county December 26, 1841; was educated in the common schools of the country, at York's Collegiate Institute, and at Dr. Millen's school at Taylorsville; he served as a private in the Confederate army until the battle of Chancellorsville, where he was severely wounded, and was discharged. He then joined a class in Dr. Millen's school at Taylorsville, of which Hon. W. H. Bower was a member; studied law with the late Judge Armfield; was admitted to practice by the Supreme Court in 1868; was elected to the State Senate in 1870, 1872, 1874, and again in 1882; was elected to the 54th, 55th and 56th Congresses as a Republican, receiving 19,419 votes against 18,006 for Rufus A. Doughton, Democrat, and 640 for Wm. M. White, Prohibitionist. He married Dorcas Stephenson in Taylorsville. In 1880 he became interested in Watauga so much that he bought property there, and in September, 1902, he bought a tract of land he called Tater Hill on Rich mountain, where he built two rock houses. He was influential in getting a wagon road built along the top of the Rich mountain range from the gap above Boone to a gap just north of Silverstone. He contributed $500 to the Appalachian Training School. Above the front door of the chief building of this college is written in marble the following quotation from one of his speeches delivered July 4, 1903 : "Learning, the Handmaid of Loyalty and Liberty. A Vote Governs Better than a Crown." He died at Taylorsville, April 15, 1910. His mother was a sister of the late Judge John Baxter.
THOMAS DILLARD JOHNSTON was born at Waynesville, North Carolina, April 1, 1840. His father was William Johnston and his mother Lucinda Gudger, a daughter of the late James Gudger and a grand-daughter of Col. Robert Love of Waynesville. He went to school to the late Capt. James N. Terrell in a log school house in Waynesville, when about ten years of age. In 1853 he entered the school of the late Col. Stephen D. Lee, in Chunn's Cove, where he remained till the summer of 1857, when he entered the State University; but, his health failing, he returned to Asheville to which place his family had removed, and were living in a brick house that stood on the corner now occupied by the Drhumor Block. He began the study of law with the late Judge James L. Bailey at his law school near the foot of Black Mountain, where he remained till the summer of 1861, when he obtained license to practice in the County Court. In May, 1861, he enlisted as a private in the Rough and Ready Guards, the second Asheville company to enter the service of the Confederacy. He was desperately wounded three times at Malvern Hill, and for a long time his life was despaired of. Recovering, however, he became quartermaster to Col. W. C. Walker's battalion and Capt. J. T. Levy's battery of artillery. In 1866 he was admitted to practice by Chief Justice Pearson. He was defeated in 1867 for county solicitor by Col. V. S. Lusk, and in 1868 Col. Lusk defeated him for circuit solicitor. In 1869 he was elected mayor of Asheville, and in 1870 he was elected to the House of Representatives. He canvassed the Ninth Congressional District in 1871 in favor of a State convention to amend the Constitution, but the measure was defeated. He was a candidate for elector in 1872 on the Greelev ticket. In 1875 he again advocated a similar convention, which was called. He was elected to the Legislature again in 1872 and in 1876 to the State Senate. On the 10th of July, 1879, he married Miss N. Leila Bobo of South Carolina. In 1884 he was elected to Congress, defeating H. G. Ewart, and again in 1886, defeating W. H. Malone. In 1888 he was defeated for Congress by H. G. Ewart. He died June 23, 1902. He gave the United States the site of the present postoffice in 1888, and assisted in the education of a number of worthy young men. Of him it has been said that "his word was better than his bond, and his bond was as good as gold."
JAMES MONTRAVILLE MOODY. He was born February 12, 1858, in Cherokee, now Graham, county, but while he was yet an infant his parents moved to and settled on Jonathan's creek, Haywood county. He attended the neighborhood schools and at seventeen years of age went to Waynesville Academy under the tutelage of John K. Boone, after which he went to the Collegiate Institute at Candler, Buncombe county. He was admitted to the bar in 1881, and in 1886 was Republican nominee for solicitor, and defeated Judge G. S. Ferguson for that position, serving four years. In 1894 he was elected to the State Senate from the 34th District, then composed of Haywood, Buncombe and Madison. He was appointed major and chief commissary and served on the staff of Major General J. Warren Keifer in the Spanish American War of 1898. In 1900 he was elected from the Ninth District over W. T. Crawford, Esq., a member of Congress, and was renominated in 1902 by the Republicans, but was defeated by Mr. J. M. Gudger, Jr., two years later. On May 20, 1885, Mr. Moody married Miss Margaret E. Hawkins. He died February 5, 1903.
WILLIAM THOMAS CRAWFORD. He was born on Crabtree creek, Haywood county, N. C., June 1, 1856. He attended the public schools of this neighborhood, and in 1882 the old Waynesville Academy. In 1885 and 1887 he served as a member of the House of Representatives in the State legislature. In 1888 he was Presidential elector on the Democratic ticket, and in 1889 he served as engrossing clerk of the House. In 1889 and 1890 he studied law at the University of North Carolina. In 1890 he was elected to Congress. In 1891 he was admitted to the bar. On the 30th of N ovember,1892, he was married to Miss Inez Edna Coman, daughter of J. R. Coman and wife, Laura McCracken, daughter of David V. McCracken. J. R. Coman's father was that scholarly and eccentric gentleman, Matthew J. Coman, son of James Coman, of the city of Raleigh, N. C. Matthew J. Coman was a classmate of President James K. Polk at the University of North Carolina, was a fine classical scholar, and was born in Raleigh in 1802. In 1892 Mr. Crawford was again elected to Congress, defeating Hon. Jeter C. Pritchard. He was defeated for the 54th Congress. Was re-elected to the 56th Congress, but was unseated by Hon. Richmond Pearson by a majority of one vote. He was defeated for reelection to Congress in 1900. He was Presidential elector on the Democratic ticket in 1904. He was elected to the 60th Congress (1907 to 1909). He practised law in Waynesville till his death, November 16, 1913. Even his political rivals admitted that he had more strength before the people than any man since the death of his near kinsman, the late Col. William H. Thomas, for whom he was named. His widow and seven children survive.
JAMES LOWERY ROBINSON. He was a son of James and Matilda Lowery Robinson, was born September 17, 1838, married Miss Alice L. Siler, daughter of Julius T. and X1ary Coleman Siler, October 12, 1864. He died July 8, 1887. On his mother's side he was descended from the Lanes and Swains, his mother having been a niece of Gov. D. L. Swain. He attended Emory and Henry College of Virginia, volunteered as a private in the Confederate army and was promoted to a captaincy, fighting gallantly till discharged because of a wound he carried all his life. He represented Macon in the House from 1868 to 1872, inclusive, when he was elected speaker, to which position he was reelected in 1873 and 1874. A silver service presented at the end of his service as speaker was inscribed : "From the Republicans and Democrats of the House : a testimonial of ability, integrity and impartiality." From 1876 to 1879, inclusive, he served as State Senator from the then 42d District, composed of Jackson, Swain, Clay, 'Macon, Cherokee and Graham counties; and on November 20, 1876, was elected president of the Senate by a vote of thirty-six to six. He was nominated for lieutenant governor by the Democrats in 1880 and elected, serving as governor in September, 1883, during the absence of Governor Jarvis from the State, and many- important grants and State papers bear his signature as "Acting Governor. " His first official act as governor was to pardon James J. Penn, sentenced from Cherokee for perjury. But his great work was in his efforts to secure the construction of railroads through the western part of the State. He was appointed Inspector of Public Lands. From 1886 to 1887 he was Special Indian Agent. He was a good man as well as being a statesman.