Courts of Oyer and Terminer and general jail delivery, and the Superior Courts of the western counties were held. The sheriff, the clerk of the court for the county, and the register were required to maintain their offices in the town. The citizens were required, under penalty of fine, to clear, repair and pave the streets whenever it was deemed necessary, and they were forbidden to throw rubbish into them.
Such citizens as allowed their "hogs, shoats, or pigs" to run at large in the town should pay 20 shillings proclamation money to the party whose property was damaged thereby, and forfeit the hogs.
It was lawful for anyone to kill swine running at large. In order to afford protection against fires, every householder was compelled to keep two "sufficient" leather buckets and a ladder always ready for use. The title to the burying ground was vested in a body of commissioners appointed by the act.
Immoderate riding and driving were prohibited under penalty of 5 shillings. All persons owning land within the original plan of the town and adjoining either side of Corbin and Innes streets, the two main streets of the village, were required to build a "house, twenty-four feet by sixteen feet in the clear, of brick, stone, or hewed logs, with either a good brick or a stone chimney," within three years after the passage of the act.
Failure to do so entailed a forfeiture of the land to the town. Those persons owning a lot or part of a lot adjoining the two streets running parallel to Corbin and Innes streets were required to build a house of like dimensions within four years. It was provided, however, that these conditions should not be construed to affect or invalidate the claim of any infant or married woman. Manual , All persons in Salisbury, including servants, slaves, and travelers were allowed free access to all springs and natural fountains of water in the town and the town common, and trees standing upon the town common could be cut down by any person for sale or use.
The town commissioners were authorized to select and lay out a suitable place for a market and other public buildings. They were to hold office for life. In case of removal of any commissioner the county court had power to appoint his successor.
Other provisions in the interest of government and sanitation were included in the act. In , a poll tax was laid on the taxables of Rowan, Anson, and Mecklenburg, the counties which composed Salisbury District, for repairing the jail and building a wall around the same and for erecting a jailer's house.
The commissioners being residents of different counties and living at a great distance from each other these efforts came to naught. Another committee, appointed in , likewise failed to perform the trust reposed in them, and the old court house continued in use.
Most of the tribes of North America were in alliance with the enemy. The frontier of North Carolina was placed in a very precarious situation. At the beginning of the war the Cherokees and Catawbas were friendly to the frontiersmen, but soon the savages began to molest the whites. There was great uneasiness among the people of Anson and Rowan because they did not know at what moment the Indians might take up the tomahawk against the settlements.
Early in the year , 1, pounds in proclamation money that is, in money which was issued by the provincial government and which was greatly depreciated in value was appropriated to buy arms for the poorer inhabitants of Rowan and Anson. The final result of the misuse of these public funds was that the bonds given for the faithful execution of the trust were put to suit.
In November, , James Carter was expelled from his seat in the Assembly as member for Rowan, and in the following year judgments were obtained against the commissioners and their sureties for the amounts unaccounted for. Manual , , In August they consulted with King Hagler and other warriors of the Catawba nation at the house of Matthew Toole, who acted as interpreter. It developed that some of the young warriors of the Catawbas had been guilty of some misconduct.
King Hagler laid the blame for their actions upon the whites who sold "strong spirits" to the braves. The Catawbas promised to give assistance to the North Carolinians and Virginians in case the war continued. Thereupon Rowan sent the available supply of powder and lead to the frontier and ordered Colonel Smith, the commanding officer of Rowan County, to cooperate with Colonel Clark. The defeat of General Braddock by the French and Indians on the Monongahela in July, , left the western frontier of the southern colonies at the mercy of the hostile Indians.
The news of the defeat reached Governor Dobbs while he was inspecting conditions in the frontier country. He summoned the field officers of the militia of Rowan and Anson to meet him at the Yadkin. At the meeting he ordered that fifty of the most active men of the militia of each county be placed under the command of Captain Hugh Waddell. He also directed that the militia should join Waddell when necessary, and that Waddell should assist them in case of an incursion.
He asked that body to grant aid for the defense of the distressed inhabitants of the frontier and for offensive warfare against the enemy, and recommended the erection of a fort for refuge to the settlers. He had chosen the site for such a fort between Third and Fourth creeks in Rowan during the summer.
In this emergency the Assembly willingly agreed to appropriate funds for the building of a fort on the western border. Fort Dobbs, as the stronghold was called, was built in under the supervision of Captain Waddell. Their report included the following quotation: And they also found under the command of Capt. Atta-Kulla-Kulla, of the Cherokee nation, whom 9 Waddell, Hewat "esteemed to be the wisest man of the nation and the most steady friend of the English," and Oraloswa, King Hagler, and others of the Catawba tribe, were the representatives of the Indians who agreed to the compact.
By one of the stipulations of the treaty North Carolina undertook to erect a fort for the protection of the Catawbas. It is not known where this fort was built, but the location is thought to have been at Old Fort in McDowell County. This was done in July, They were followed and the stolen goods were retaken. Thereupon, the Catawbas returned and insulted the Chief Justice, who was holding court in Salisbury.
In May, , a petition was read in the Assembly setting forth that murders recently committed on the Dan River in the northern part of Rowan County had caused the settlers of the forks of the Yadkin to abandon their settlements and praying that Captain Bailey, who had succeeded Waddell, and his company, or some other, be continued for their protection.
Hugh Waddell, who was now a major, led one hundred men from the western frontier on General Forbes's successful expedition against Fort Duquesne in They were accompanied by a number of Cherokee warriors.
George Smith was commissary for Rowan. The backwoodsmen of that province fell upon them and killed twelve or fourteen of the warriors. This act provoked the Cherokees to hostility. Major Waddell was given the commission of colonel and two companies of provincials to protect the inhabitants of the west. He was authorized to call out the militia of Anson, Rowan, and Orange if the Indian devastations should continue.
The provincials and militia under Colonel Waddell were ordered to cooperate with Lyttleton. Though the great majority of the militia refused to march outside the borders of North Carolina, Waddell continued his march with the remainder until ordered back by Lyttleton, who patched up a peace with the Indians.
Captain Ashe, in his "History of North Carolina," describes the situation in this manner: Bands of Indians began to pass the defiles of the mountains and roam along the foothills. A reign of terror set in. Accounts of atrocities and butcheries and of destroyed homes came thick and fast to Salisbury and Bethabara.
They were intensely harrowing, while some of the escapes were marvelous. Many brave men, reluctant to abandon their homes, fortified them with palisades, and forts or strong-houses were erected where neighboring families could assemble for safety. The men slept with their rifles at hand, and the most resolute were in dread of stealthy attack, of ambush, and of having their houses burned at night.
It was then that Fort Defiance and other forts in that region were hastily constructed by the people. Few particular accounts of these individual experiences have been preserved; but all the section west of the Catawba and of the upper Yadkin was desolated.
This village was a city of refuge to the distressed. For six weeks the Cherokees devastated the surrounding country and waited for an opportunity to assail the town. Once when a large body had stealthily surrounded the village, they retired at the sound of the village bell, fearing that they had been discovered. Again, under similar circumstances, they retired at the sound of the watchman's trumpet. By Easter, , the residents and refugees of Bethabara were secure, for soldiers had arrived at the town.
Early in , he invaded their country by way of South Carolina and defeated the hostile Indians. The Cherokees sued for peace and the war came to an end. The design was to separate their respective lands so as to put an end to the disputes between the whites and the Cherokees in the west, which had resulted in bloodshed more than once.
On May 21st they left Salisbury accompanied by detachments from the militia regiments of Rowan and Mecklenburg. The detachment from each county numbered thirty-two men, the one from Rowan being commanded by Lieutenant-Colonel John Frohock, and the one from Mecklenburg by Lieutenant-Colonel Moses Alexander.
Some of the band were sent back to Salisbury with an order for presents worth pounds, which the Assembly had appropriated for the Indians as a sign of friendship. Tryon departed before the real work of running the line began. On June 4 the commissioners, with a guard of twenty men and the assistance of Cameron and Cherokee representatives, began the actual survey. They ran the line as far north as Tryon Mountain in the present county of Polk, south of the territory included in Rowan.
In addition to the county court of pleas and quarter sessions, the superior court of justice, and the court of oyer and terminer and general jail delivery for the western counties were held there. The court of pleas and quarter sessions had both judicial and administrative functions.
It had jurisdiction over minor cases, and the local government of the county was vested in it. The court was composed of the justices of the county, and it assembled at the county seat four times annually. As we have already seen, the court of pleas and quarter sessions met for the first time somewhere in the county in June, Constables were appointed to preserve the peace in the different sections of the county.
John Dunn and William Monat presented their commissions as attorneys to the court. Of Monat nothing can be discovered. He was at one time attorney for the Crown, being succeeded by Waighstill Avery in James Carter and John Brandon, who took their seats at the thirteenth session.
John Bravard and James Carter. The latter was expelled for misapplication of public funds and was succeeded by Hugh Waddell, who took his seat at the fifth session.
Hugh Waddell and John Frohock. John Frohock and Alexander Osborne.