Tryon Safety Committee Meeting, 14 Aug 1775

From manuscript records, State of North Carolina, Office of Secretary of State; Vol. x-11; Colonial Records:

Proceedings of the Safety Committee in Tryon County.
Met according to adjournment. [14 August, 1775.]
Present: John Walker, Chairman; Thos Beatey, David Jenkins, Jacob Forney, Thomas Espey, Valentine Mauney, James Coburn, Robert Alexander, Joseph Harden, Benjamin Harden, Frederick Hambright, James Logan, Andrew Hampton, John Morris, Charles McLean, John Robinson, William Graham, James McAfee, George Paris, John Beeman, George Black, Andrew Neel, James Baird and David Whitesides, who took the necessary Oaths for their Qualification.

Andrew Neel was duly elected Clerk of the Committee.

Resolved, That Col. Charles McLean serve as Deputy Chairman in the absence of Col. Walker.
Resolved, That each Company elect three members of Committee for this County who on a Debate, are each man to have his vote.
Resolved, That this Association be signed by the Inhabitants of Tryon county, [viz]
AN ASSOCIATION. The unprecedented, barbarous and bloody actions committed by the British Troops on our American Brethren near Boston on the 19th of April & 20th of May last, together with the Hostile operations & Traiterous Designs now Carrying on by the Tools of Ministerial Vengeance Despotism for the Subjugating all British America, suggest to us the painful necessity of having recourse to Arms for the preservation of those Rights & Liberties which the principles of our Constitution and the Laws of God, Nature, and Nations have made it our duty to defend.
We therefore, the Subscribers Freeholders & Inhabitants of Tryon County, do hereby faithfully unite ourselves under the most sacred ties of Religion, Honor & Love to Our Country, firmly to Resist force by force in defence of our Natural Freedom & constitutional Rights against all Invasions, & at the same time do solemnly engage to take up Arms and Risque our lives and fortunes in maintaining the Freedom of our Country, whenever the Wisdom & Council of the Continental Congress or our Provincial Convention shall Declare it necessary, & this Engagement we will continue in and hold sacred ‘till a Reconciliation shall take place between Great Britain and America on Constitutional principles which we most ardently desire. And we do firmly agree to hold all such persons Inimical to the liberties of America, who shall refuse to subscribe to this Association.

[Signed by]
John Walker, Charles McLean, Andrew Neel, Thomas Beatty, James Coburn, Frederick Hambright, Andrew Hampton, Benjamin Hardin, George Paris, William Graham, Robt. Alexander, David Jenkins, Thomas Espey, Perrygreen Mackness, James McAfee, William Thompson, Jacob Forney, Davis Whiteside, John Beeman, John Morris, Joseph Harden, John Robison, James McIntyre, Valentine Mauney, George Black, Jas. Logan, Jas. Baird, Christian Carpenter, Abel Beatty, Joab Turner, Jonathan Price, Jas. Miller, John Dellinger, Peter Sides, William Whiteside, Geo. Dellinger, Samuel Carpenter, Jacob Mauney, Jun., John Wells, Jacob Costner, Robert Hulclip, James Buchanan, Moses Moore, Joseph Kuykendall, Adam Simms, Richard Waffer, Samuel Smith, Joseph Neel, Samuel Loftin

Resolved, That we will Continue to profess all Loyalty and attachment to our Sovereign Lord King George the Third, His Crown & Dignity, so long as he secures to us those Rights and Liberties which the principles of Our Constitution require.
Resolved, and we do Impower every Captain or other Officer in their Respective Companies to raise sufficient force in order to detain and secure all powder and Lead that may be removing or about to be Removed out of the County; and that they do prevent any of such powder and Lead from being sold or disposed of for private uses; but to be under the direction of this Committee until the Delegates shall return from the provincial Convention; Provided nevertheless that this Resolution is not meant to hinder any persons Inhabitants of other County’s from Carrying powder and Lead through this County to their respective abodes unless there is just Cause to suspect that they Intend such Powder and Lead for Injurious purposes; then and in such case notice is to be given to the Committee of the County in which such person resides, that they make such order thereon as to them shall seem proper.
Resolved, that Mr Daniel MeKissick do make application to the Council of Safety of Charles Town for 500 weight Gun powder 600 weight Lead, and 600 Gun Flints to be distributed under the direction of this Committee when it shall be judged necessary.
Resolved, That we do Recommend to the Captains of the Several Companies in this Regiment to call together their men in order to collect what money they can conveniently to provide powder and Lead, And that they make due return of what money is received to the Committee at next meeting.
Resolved, That this Committee meet at the Court House of this County on the 14th Day of September next there to Deliberate on such matters as shall be Recommended by Our Provincial Convention.
[Signed by]
John Walker, Chairman.

The Cunningham Mess, part 4: A Defection, A Lie & First Blood

From The History of South Carolina in the Revolution, 1775-1780, by Edward McCrady, published 1901, Macmillan & Co., ltd., South Carolina, pp. 89-92:

In the meanwhile the Congress men under Williamson and the King's men under Cuningham continued embodying their forces. Williamson lay almost a fortnight at Ninety-Six Court House, receiving those who came in and waiting for Colonel Thomson with the Rangers. Captain Richard Pearis, who, then acting with the Revolutionary party, had accompanied Mr. Drayton on his visit to the Indians, disappointed that he had not received the military position he desired, now changed sides and joined the King's party. He charged the Council of Safety with the design of bringing down the Cherokees upon the settlements to cut off all the King's men. He went so far as to make affidavit that the ammunition taken by Patrick Cuningham was on the way to the Cherokee Nation for that purpose. As it was known that he had brought the Indians who had met Mr. Drayton in September, it was naturally supposed that he was acquainted with the intentions of the Council, and his assertions were readily believed. The King's party was thus speedily swelled in numbers, while Williamson's militia came in but slowly. Williamson, however, could not believe that the Loyalists would dare to attack him, until the 18th of November, when he received certain information that they were in full march upon him and had actually crossed the Saluda River for the purpose. Major Mayson now joined him with a small party of Rangers and proposed to march at once, themselves assume the offensive, and attack their opponents in camp. A council of war was called which, as councils of war usually do, overruled this vigorous plan of operations. On the contrary, Williamson with his forces fell back to a position near the Court House, where they fortified themselves as far as they could before the appearance of the opposing forces. They had hardly closed their slight fortification when on Sunday, the 19th of November, Major Robinson and Captain Patrick Cuningham appeared with their party. A conference was called, and a meeting took place between Major Mayson and Captain Bowie on the one side, and Robinson, Cuningham, and Evan McLaurin on the other. Robinson and his party demanded that Major Williamson's militia should surrender their arms and disband. While Williamson was considering this demand two of his men were seized by the other party, whereupon he gave orders to rescue them, and thus brought on a conflict, the first bloodshed in the Revolution in South Carolina. For two hours and a half the firing on both sides was incessant. The garrison including officers consisted of 562 men, while the number of besiegers was about 1890. The siege lasted two days, during which Major Williamson's men suffered great hardship, though but one man was killed and twelve wounded; while on the other side several were killed and about twenty wounded. On Tuesday, the 21st, at sunset the King's party displayed a white flag and called a parley, in which Major Robinson renewed his former demand, allowing only one hour for answer. Captain Bowie was sent at once with the joint answer of Majors Williamson and Mayson, that they were determined never to resign their arms. In two hours Major Robinson returned with Captain Patrick Cuningham, and upon their withdrawing the peremptory demand for surrender it was agreed that a conference should take place the next morning. Accordingly, at the appointed hour, Majors Williamson and Mayson with Captains Pickens and Bowie met Major Robinson, Captain Cuningham, Evan McLaurin, and Pearis, when it was agreed that hostilities should immediately cease, that the garrison should be marched out of their improvised fort and their swivels given up, which by a secret agreement for that purpose were in a day or two privately restored. This mock surrender of the swivels was agreed upon by the leaders to appease a large party of the besiegers who, while the negotiation was progressing, demanded their surrender. The treaty further stipulated that the public differences should be submitted to Lord William Campbell the Governor on the part of the King's men, and to the Council of Safety on the part of Major Williamson and those under his command; that each party should send messengers to their principals, and twenty days be allowed for their return; that Major Robinson should withdraw his men over the Saluda River, and keep them there or disperse them as he pleased until he should receive his Excellency's orders; that no person of either party should be molested in returning home; that should reinforcements arrive, they should be bound by the treaty; that all prisoners should be set at liberty, the fortifications levelled, and the well which had been dug in the forts filled up.

The Cunningham Mess, part 3: Enter Sumter

From The History of South Carolina in the Revolution, 1775-1780, by Edward McCrady, published 1901, Macmillan & Co., ltd., South Carolina, pp. 88-89:

... What action should be taken in this emergency was the subject of another contention between the two parties in the Congress, Arthur Middleton as usual urging vigorous measures and Rawlins Lowndes opposing them. The parties were so evenly divided that in a hundred votes two decided the question. Fifty-one supported Middleton and forty-nine Lowndes. By this vote, on the 8th of November [1775], it was determined to assemble a force under Colonel Richard Richardson, and to send him to seize Patrick Cuningham, Henry O'Neal, Hugh Brown, David Reese, Nathaniel Howard, Henry Green, and Jacob Bochman, the leaders of the Royal party. Captain Ezekiel Polk, who had been led to desert the cause by Moses Kirkland in August, had returned and had been taken back into favor, and was again given a company. He now accompanied Colonel Richardson. There was another person in this expedition, whom, before this book closes, we shall find becoming the real leader in the struggle for the American cause, and who, with others whose names were scarcely yet known, was to redeem the State after it had been overrun and lost to those who were now in control of the revolutionary movements. This was Thomas Sumter, and this was the manner in which he was received into the ranks of the Revolutionary party. "We have consulted with Colonel Richardson touching Mr. Sumter's application to the Council," wrote William Henry Drayton and the Rev. Mr. Tennent to the Council of Safety. "The Colonel readily approved not only of the measure, but of the man, notwithstanding Kirkland recommended him as his successor in the company of Rangers which lie quitted and attempted to disband. The Colonel nevertheless from his seeming connection with Kirkland proposes to keep a sharp eye upon Mr. Sumter's conduct." Sumter thus entered the service under suspicion and upon probation. In this expedition he acted as Colonel Richardson's Adjutant General.

The Cunningham Mess, part 2: The Ammunition

From The History of South Carolina in the Revolution, 1775-1780, by Edward McCrady, published 1901, Macmillan & Co., ltd., South Carolina, page 87:

... Drayton while on his mission in that part of the country [Ninety Six District] had had a "talk" with the Cherokees, and had promised to send them a supply of powder and lead; and in compliance with this promise the Council of Safety on the 4th of October [1775] had dispatched a wagon with one thousand pounds of powder and two thousand pounds of lead as a present to them. It unluckily happened that about this time Robert Cuningham's arrest became known; whereupon Patrick Cuningham immediately assembled a party of about sixty armed men to rescue his brother. They failed in doing that, but seized the ammunition on its way to the Indians. Upon this Major Andrew Williamson, who then resided in Ninety-Six, embodied his militia for the purpose of recovering the powder and lead. He formed a camp at Long Cane, and sent a letter to Edward Wilkinson and Alexander Cameron, the Indian agents then in the Cherokee Nation, informing them of the seizure, and requesting that the matter should be explained to the Indians so as to prevent them from revenging themselves upon the people of this frontier. On the other hand, the Cuningham party represented that the ammunition had been sent to the Indians to arm them against the King's friends, who formed so large a part of that population. This unfortunate event added greatly and not unnaturally to the opposition to the government of the Congress and was of great influence in assisting the collection of a considerable force in arms between the Broad and Saluda.

The Siege of Williamson's Fort

From South Carolina Revolutionary Battles: Part I, Institute for Southern Studies, University of South Carolina:

In the final days of October [1775], the Council of Safety had dispatched a wagon load of ammunition as a present for the Cherokees. Patrick Cunningham's band of Tories had intercepted the shipment at Mine Creek, in present Saluda County, and had taken possession of it. If the Patriots were apprehensive that the Indians might side with the King's men in this struggle, the Loyalists were equally suspicious of the Patriots' motives in sending them ammunition. Before long, both factions were again massing troops.
The conflict finally came on November 19-21 at Ninety Six. The Patriot army under Major Andrew Williamson and Major James Mayson hastily erected a stockade fort at Savage's old field, the plantation of John Savage, some distance west of the court house town. They were invested by a Loyalist force three times their number, commanded by Major Joseph Robinson and Captain Patrick Cunningham. Thus commenced the siege of Williamson's Fort not to be confused with William's Fort or Williamson's Plantation, which will be mentioned later. During the course of the fighting, both sides sustained a number of casualties, and James Birmingham became the first South Carolina Patriot to die in the cause of Liberty. The affair ended in a truce on the evening of the 21st.

Arthur Middleton (1742-1787)

from Lives of the Signers to the Declaration of Independence, by Rev. Charles A. Goodrich, New York: William Reed & Co., 1856:

In the spring of 1775, Mr. Arthur Middleton was chosen on a secret committee, who were invested with authority to place the colony in a state of defense. In the exercise of the trust with which they were charged, they immediately took possession of the public magazine of arms and ammunition, and removed its contents to a place of safety.
In the following June, the provincial congress of South Carolina proceeded to appoint a council of safety, consisting of thirteen persons. This council, of which Mr. Middleton was a member, took measures to organize a military force, the officers of which received commissions at their hands, and under their signatures. Among the members of this committee, no one exhibited more activity, or manifested a greater degree of resolution and firmness, than did Arthur Middleton.
In February, 1776, the provincial legislature of South Carolina appointed a committee to prepare and report a constitution, which "should most effectually secure peace and good order in the colony, during the continuance of the dispute with Great Britain." This duty was assigned to Mr. Middleton and ten others.
Having discharged the duty to the satisfaction of the assembly, Mr. Middleton was soon after elected by that body a representative of South Carolina in the congress of the United States, assembled at Philadelphia. Here he had an opportunity of inscribing his name on the great charter of American liberties [the Declaration of Independence]. At the close of the year 1777, Mr. Middleton relinquished his seat in Congress, and returned to South Carolina, leaving behind him, in the estimation of those who had been associated with him in the important measures of congress, during the time he had been with them, the character of a man of the purest patriotism, of sound judgment, and unwavering resolution.
In the spring of 1778, the assembly of South Carolina proceeded to the formation of a new constitution, differing, in many important points, from that of 1776. On presenting it to the governor, John Rutledge, for his approbation, that gentleman refused to assent to it. But, as he would not embarrass the assembly in any measures which they might deem it expedient to adopt, he resigned the executive chair, upon which the assembly proceeded by a secret ballot again to fill it. On counting the votes, it was found that Mr. Middleton was elected to the office by a considerable majority. But, entertaining similar views in respect to the constitution, expressed by the distinguished gentleman who had vacated the chair of state, he frankly avowed to the assembly, that he could not conscientiously accept the appointment, under the constitution which they had adopted. The candor with which he had avowed his sentiments, and the sterling integrity of the man, exhibited in refusing an honor from conscientious scruples, instead of diminishing their respect for him, contributed to raise him still higher in the confidence of his fellow-citizens. The assembly proceeded to another choice, and elected Mr. Rawlins Lowndes to fill the vacancy, who gave his sanction to the new constitution.
During the year 1779, the southern states became the principal theater of the war. Many of the plantations were wantonly plundered, and the families and property of the principal inhabitants were exposed to the insults and ravages of the invaders. During these scenes of depredation, Middleton Place did not escape. Although the buildings were spared , they were rifled of every thing valuable. Such articles as could not easily be transported were either wantonly destroyed, or greatly injured. Among those which were injured, was a valuable collection of paintings belonging to Mr. Middleton. Fortunately, at the time the marauders visited Middleton Place, the family had made their escape a day's journey to the north of Charleston.
On the investment of the latter place, in the following year, Mr. Middleton was present, and actively engaged in the defense of the city. With several others on the surrender of this place, he was taken prison, and was sent by sea to St. Augustine, in East Florida, where he was kept in confinement for nearly a year. At length, in July, 1781, he was exchanged, and proceeded in a cartel to Philadelphia. On his arrival at the latter place, Governor Rutledge, in the exercise of authority conferred upon him by general assembly of South Carolina, appointed him a representative in congress. To this office he was again elected in 1782; but in the month of November of that year, he returned to South Carolina on a visit to his family, from whom he had been separated during a long and anxious period.
On the signing the preliminaries of peace, Mr. Middleton declined accepting a seat in congress, preferring the pleasures of retirement with his family, to any honor which could be conferred upon him. He occasionally, however, accepted of a seat in the state legislature, in which he was greatly instrumental in promoting the tranquillity and happiness of his fellow-citizens.
The life of Mr. Middleton was terminated on the 1st of January, 1787. His death was occasioned by an intermittent fever, which he took in the preceding month of November, by an injudicious exposure to the unsettled weather of the autumnal season.

The Treaty of Ninety-Six, 1775

TREATY OF NINETY-SIX.
SOUTH CAROLINA — NINETY-SIX DISTRICT.
Whereas, misunderstandings but too often precipitate men and friends into quarrels and bloodshed, which, but for such misunderstandings, never could have happened: And whereas the present unhappy disputes between Great Britain and North America, have unhappily occasioned uneasiness between a part of the people living between Broad and Saluda rivers and other adjacent parts, and the other inhabitants of the Colony aforesaid, from misunderstandings as aforesaid, inasmuch as the said part of the people as aforesaid, having tender consciences, declined to accede to the Association signed in Congress on the 4th of June last; and the said other inhabitants thereby thinking that the said declining to accede, proceeded from principles and designs, in them the said part of the people, inimical to the proceedings and designs of the said other inhabitants; and that they, the said part of the people, did mean to aid, assist and join the British troops if any should arrive in the Colony aforesaid, during the present unhappy disputes as aforesaid: And whereas these are all misunderstandings, and it being the sincere wish and desire of all parts of the Colony to live in peace and friendship with each other: Wherefore, for the clearing up of the said misunderstandings, and for the manifestation of the wish and desire aforesaid, Colonel Thomas Fletchall, Captain John Ford, Captain Thomas Greer, Captain Evan McLaurin, the Reverend Philip Mulkey, Mr. Robert Merrick and Captain Benjamin Wofford, deputies for, and sent by the part of the people aforesaid, have repaired to the camp of the Honorable William Henry Drayton, Esquire, acting under the authority of the Council of Safety for this Colony; and, for the purposes aforesaid, it is hereby contracted, agreed, and declared by the Honorable William Henry Drayton, in pursuance of powers vested in him by the Honorable the Council of Safety as aforesaid on the one part, and the deputies aforesaid, in pursuance of powers vested in them by the said part of the people on the other part:

1st. That the said declining of the part of the people aforesaid, to accede as aforesaid, did not proceed from any ill or even unfriendly principle or design, in them the said part of the people, to or against the principles or designs of the Congress of this Colony, or authorities derived from that body, but proceeded only from a desire to abide in their usual peace and tranquility.2d. That the said part of the people, never did mean to aid, assist or join the British troops as aforesaid; and hereby it is declared, that if at any time during the present unhappy disputes between Great Britain and North America, any British troops shall or may arrive in this Colony, the deputies aforesaid, for themselves and the part of the people aforesaid, by whom they, the said deputies, are authorized, and whom they do represent, declare that if any British troops as aforesaid, shall arrive as aforesaid, they, the said deputies, on the part of the people aforesaid, shall not, and will not give, yield, or afford, directly or indirectly to, or for the use, advantage or comfort of the said British troops, or any part of them, any aid or assistance whatsoever, or hold with them the said troops, or any part of them, any communication or correspondence.
3rd. That if at any time during the unhappy disputes as aforesaid, any person or persons of the part of the people aforesaid, shall, by discourse or word, reflect upon, censure or condemn, or by any conduct oppose the proceedings of the Congress of this Colony, or authorities derived from them, the said Congress, the Council of Safety, or General Committee, as the case may be, shall, without being deemed to give any umbrage to the part of the people aforesaid, send to any of the deputies aforesaid to make requisition, that any and every such person or persons as aforesaid, offending in any of the premises aforesaid, against the proceedings of the Congress or authorities aforesaid, may, and shall be delivered up to the authority of the Congress, or the tribunals under that authority, to be questioned and tried and proceeded against, according to the mode of proceedings by authority of Congress; and if such person or persons as aforesaid, be not delivered up as aforesaid, within fourteen days after requisition as aforesaid; then, in such case, the Congress or Council of Safety, or General Committee, may, and shall be at liberty to use every means, to apprehend any, and every such person or persons as last aforesaid; and question, try, and proceed against as aforesaid, every such person or persons as aforesaid.
4th. That if any person or persons who has, or have signed, or shall sign the Association aforesaid, shall, without authority of Congress, molest any person or persons of the part of the people aforesaid, in such case, application shall be made to the said Congress, or Council of Safety, or General Committee, in order that such person or persons so molesting, be punished for, and restrained from molesting as aforesaid.

And it is hereby declared, that all and every person of the part of the people as aforesaid, not offending in or against any of the premises aforesaid, shall, and may continue to dwell and remain at home as usual, safe in their lives, persons, and property. Such being nothing more, than what has been, and is the aim, intention and inclination of the Congress of this Colony, and the authorities under that body.
All persons who shall not consider themselves as bound by this treaty must abide by the consequences.
Done at the camp, near Ninety-Six, this 16th day of September, 1775.
WM. HY. DRAYTON,
THO. FLETCHALL,
JOHN FORD,
THO. GREER,
EVAN McLAURIN,
BENJ. WOFFORD.
Witness,
WM. THOMSON,
ELI KERSHAW,
FRANCIS SALVADOR.