Richard Caswell
Biography

THE decade 1744-54 is one of the most important epochs in all North Carolina history. It was a period of pioneering when thousands came yearly—all denominations, all classes— and took up the vacant lands made so attractive by the agents of Lord Granville and the Crown. Immigrants did not even wait for their claims to be staked off, but turning to the right and to the left, they took up such lands as were available. Among those who came to North Carolina during this period was Richard Caswell, a young surveyor. North Carolina was an attractive field for one of his profession and for one who desired land on easy terms.

Richard Caswell was born in Maryland, August 3, 1729. It is said that his father's failure in mercantile business caused him, when a young man, to seek his fortune elsewhere; and when only seventeen years of age he came to North Carolina bearing letters of introduction from the governor of Maryland to Governor Johnston of North Carolina, who gave him opportunity to exercise his profession. Caswell early made himself acquainted with the land offices, and at once began to take advantage of the inducements offered by land agents to immigrate to this province; and within the next two years he had obtained possession of as much as 3385 acres of land—1885 in Johnston County and 1500 in Anson County.   Caswell's activity recommended his services to the governor, and he was appointed deputy surveyor of North Carolina in 1750. He was then just twenty-one years of age. This was at a time when the surveyor was one of the most important offices, for at every sitting of the Council thousands of acres of land were disposed of. He served in this capacity two years, when he was appointed clerk of the court for Orange County. His duties here caused him to turn his attention to the legal profession, which was making an effort to elevate the courts that were at this time corrupt.

Governor Johnston died in 1752. His administration had suspended action to all intent and purposes during the previous six or eight years. The courts were defunct, liberty was threatening to run into rank lawlessness. The people had long since ceased to pay taxes or to have, in many places, respect for any court rules or rulings. There was a constant stream of immigration, and very little centralized government worthy of the name. In 1754 the aged Arthur Dobbs became governor, and Richard Caswell for the first time appeared as a representative of the people from Johnston County, for whom he was to labor constantly for the next thirty-five years.

The General Assembly at this time was composed to a degree of officeholders under the Crown, such as sheriffs, clerks and other court officials. One of Caswell’s first measures was a bill to prohibit this evil. It passed the House, but was killed in the Council, on the grounds that such restrictions would make it impossible to get good representatives from the back counties if these officials were excluded. It was claimed that these were the only competent officials from the west to sit in the Assembly.

As a clerk of the court of Orange County, he had been in a position to see the inconvenience and hardship that the court system bore upon the inhabitants of the back country. Jurymen could be summoned from the far west and made to appear, without compensation, on duty at New-Bern, the only place where general court was held. If any litigation should arise involving more than £20 sterling, no matter in what remote section of the State, the old freemen must go down to New-Bern before he could get a hearing. It was Caswell's bill that divided the State into five judicial districts. The chief justice was the only judge in the province who was supposed to know the law. His associates were not required to be grounded even in the least in legal knowledge. These officials were not paid salaries. Their compensation came through fees. The chief justice sold the office of clerk to the highest bidder, and the committee of which Caswell was a member reported that this practice had ''accustomed them to be guilty of great extortion, whereby the proceedings in the Superior Courts have been the scenes of oppression and the conduct of the chief justice and his clerks subject-matter of universal contempt." Henceforth his greatest work for the people was in trying to elevate and purify the courts. He worked incessantly for reforms. It was evident, though, from the contemptible bias of the doughty old governor, that few reforms could be hoped for. Mr. Caswell was a member of the committee that proposed the court laws that came up from time to time, but which were turned down by the governor. Should the legislature or the governor appoint an agent in London ? Should the legislature restrict the qualifications of the associate justices to persons who knew the law? Should the chief justice continue to sell the office of clerk to the highest bidder? Which should appoint the public treasurer? Should the justices receive fees or salaries? Which should appoint the public printer? Should indifferent jurymen be provided? Throughout Governor Dobbs's administration it was fought out along these lines. A compromise would be reached. The next legislature would witness the same struggle, only more intense, until the whole trouble was carried over into the next administration.

During this great struggle Caswell was a member of almost every important committee. He worked to make the payment of quit-rents more systematic. He voted to strengthen the frontier against invasion, and was chairman of a committee of three to inspect the western settlements. From the very first he labored to develop the internal resources. He sought to establish iron and silk industries and to encourage trade. He sought to secure better court laws, and drew the bill for improving the jury system; and when the governor was disposed to lower the dignity of the legal profession, he joined with his colleagues in a set of resolutions condemning Governor Dobbs for "granting license to persons to practice law who are ignorant even of the rudiments of that science," saying "that it is a reproach to government, a disgrace to the profession and greatly injurious to suitors."

In 1765 William Tryon succeeded Governor Dobbs. After having brought his royal prerogatives in conflict with the people over the Stamp Act and with the legislature over the question of appointing officers, the new executive learned the ways of the people of North Carolina and became really a very able governor.

The contest as to which, the Council or the House of Commons, should appoint the public treasurer for the southern province, which arose on the death of Allen in 1750, arose again on the death of Starkey. This was possibly the most important office in the province next to that of governor. The House claiming the exclusive right to name the treasurer, appointed Mr. Caswell, who had made himself familiar with the economic conditions of the province, but when the bill went to the Council, that body struck out his name and inserted that of Mr. DeRossett. The House insisted on its appointee, which not being agreed to by the Council, no treasurer was appointed at that session. Mr. Caswell had been too prominent in the Court Law fight. At the next session the House of Commons again claimed the power to appoint, and appointed John Ashe. The "Council at first adhered to De Rossett, but without surrendering its claim, adjusted the matter by making Mr. Ashe its nominee also.

The money question was all out of joint. It was the transition period from commodities to a metallic basis as the medium of exchange. Caswell was an earnest advocate of issuing paper money. This the Crown objected to. In 1769, in an address to the governor, prepared at the request of the legislature, Caswell said that an emission of paper currency would have obtained the redress so necessary to the distressed situation. The province was heavily in debt, considering the state of the currency. Sheriffs were trying to collect the taxes in money—taxes levied by the legislature. Money could not be obtained. The sheriffs were sometimes unscrupulous, and riots broke out. Investigations were made. Many of the reported frauds were true. Some were false. The people in many sections refused to pay their taxes. The legislature, though, was powerless; and when the disturbances would not down, the legislature passed laws directed against the outbreaks. This inflamed the passions of the people in many sections, and the governor was authorized to put down the rebellion. The leaders of the Assembly joined with Tyron in trying to preserve order, and made appropriations to cover expenses in his efforts.

John Harvey was now growing feeble, and in the Assembly of 1770 Richard Caswell, being the recognized leader of the House, was unanimously elected speaker. In his address, adopted by the General Assembly, replying to Governor Tryon's message, he said, speaking of the "Regulator" outbreak, that "the deliberate and preconceived malice with which it was contrived, and the brutal fury with which it was executed, equally bespeaks them unawed by the laws of their country, insensible to every moral duty and wickedly disaffected to government itself." The House acted in harmony with the governor, who, about the middle of March, determined to act. An army was raised. Governor Tryon took the field, and on the 16th of May, 1771, he marched into the disaffected sections near Hillsboro, and after a short engagement put down the insurrection. This is known as the battle of Alamance. Caswell, who had been appointed colonel, marched with the army and commanded the right wing. The legislature, in the strongest terms, commended Governor Tryon for his services and denounced the Regulators. Later, the legislature pensioned several of the soldiers who were wounded in this battle, and Caswell himself introduced the bill. The outbreak was looked upon as an insurrection directed against the legislature, the only organized representative body of the people. When Tryon next issued his proclamation of pardon to all who would come in, surrender their arms, agree to pay their taxes and take an oath to support the laws of the land, the inhabitants came in large numbers and subscribed to the oath. Thus the insurrection ended. But it left its impress on the people.

Before Governor Tryon could send his army home he was ordered to New York, and Josiah Martin became governor. The new governor, coming into power in 1771, inherited all the troubles of his predecessor. Richard Caswell continued as speaker in the next General Assembly. The first work was to pass a bill to cut down the poll tax. Governor Martin became furious, rejected the bill and dissolved the Assembly. The Assembly had prepared a resolution discontinuing the tax and indemnifying the sheriff for not collecting it, but the dissolution prevented its being entered on the minutes. Mr. Caswell, construing this resolve to be the will of the people, informed the treasurers, and they did not require the sheriffs to make the collection. Henceforth the proceedings grew more and more revolutionary. The Assembly that met in January, 1773, took a determined stand in regard to the court laws, which fight was handed down from Governor Dobbs's administration. Harvey was speaker. Richard Caswell was the leader on the floor. He was chairman of the committee that was appointed to bring in a bill for establishing a court system. He was chairman of Committee on Election, also chairman of committee to examine and report on any changes in the old laws. The question of appointing a treasurer arose also. The Council wished to continue Mr. John Ashe, but the Assembly struck out his name and appointed Mr. Caswell.

Governor Martin refused to accept the court laws. Immediately Mr. Caswell introduced another bill, which passed. The governor vetoed this. The legislature would pass no other. Martin dissolved the Assembly and sent the members home. There were no courts in the province. The jails were crowded, and, to be sure, there was a deplorable state of affairs. What should be done? Martin fell back now on his royal prerogative and decided to establish courts of Over and Terminer by his own mandate, and, according to his statement, this met the approval of the leaders. Richard Caswell, Martin Howard and Maurice Moore were appointed judges. Governor Martin says of Caswell that he was "a man of the fairest and most unblemished character in the whole country. One who acted to the universal satisfaction and contentment of all people." His enemies, according to Martin, wished to defeat him for treasurer, and were afraid his popularity as judge would win him too much renown; hence the opposition to the court established by the governor; and Caswell was to be "sacrificed upon the very ground where popular applause was erecting monuments to his honor." It is very evident that the "leaders of the faction hurried for the time the current of popularity against Mr. Caswell," for in the next election for treasurer Mr. Caswell was defeated. The legislature claimed that the establishment of courts of Oyer and Terminer was a prerogative of that body and that the action of the governor was illegal; and they refused to make appropriations defraying the expenses of the new courts, and the work of the newly established courts came to an end.

The hostility against Mr. Caswell could not have been very serious, for one of the first acts of this new Assembly was to appoint a standing Committee of Correspondence to communicate with the other provinces in regard to common troubles, and Mr. Caswell was a member of this committee. The court laws appeared again, and he was appointed on a committee to draw another bill. A break was inevitable, and the Assembly was dissolved.

When John Harvey took matters under advisement, and when the Wilmington district issued circulars to the different counties calling a convention to consider certain public questions and to send delegates to a Continental Congress, Mr. Caswell was a member, and was elected, with Hooper and Hewes, a delegate to Congress. These were indeed stirring times. When Governor Martin ordered a new Assembly, Harvey ordered a new convention. Mr. Caswell was returned from Dobbs County, and the delegates were thanked for their services in attending the Philadelphia convention. The same members were re-elected to attend the next Continental Congress; and after expressing their views on certain  public questions,  the  convention  adjourned.    The Assembly had already been dissolved.

When Mr. Caswell started on his second trip to Philadelphia to attend the Continental Congress, the battle of Lexington had been fought. In writing to his son, he spoke of excitements all over the country, of the organization of companies and the preparations being made for the great encounter. He was fired with patriotism and an enthusiasm for his country, that was "fast striding toward independence." He had a deep-seated pride for the glory of North Carolina, and in his letter to his son he said: "It will be a reflection on this country to be behind their neighbors. That it is indispensably necessary for them to arm and form into a company or companies of independents." Then he gave his son directions as to how they should organize a company in Dobbs County. "Reject none," he said, "who will not discredit the company. If I live to return I will most cheerfully join any of my countrymen, even as a rank and file man. As in the common cause I am here exposed to danger, but that or any other difficulties I shall not shun whilst I have blood in my veins, but freely offer it in support of the liberties of my country. You, my dear boy, must become a soldier and risk your life in support of those invaluable blessing which, once lost, posterity will never be able to regain."

This was the spirit of the man whom the people trusted and whom an irate governor at the same time could admire and honor among all the clamor and disturbances of revolutionary proceedings.

John Harvey, the Nestor of the party, was dead. Richard Caswell was now the undisputed leader in North Carolina. Governor Martin became terrified, and on the last of May, 1775, fled the State. Mr. Caswell, on his return from Philadelphia, criticized the authorities of New-Bern very severely for permitting him to depart. This came as an et tu Brute to the terrified governor, who hoped until the last that Mr. Caswell would throw his influence on the side of the Crown. When the next Provincial Congress met, Samuel Johnston was made president, and Richard Caswell was chairman of the Committee of Ways and Means, and relied upon to prepare a plan for equipping an army.

When letters from Massachusetts were read showing the state of affairs in that province, then Congress decided to raise an army of 1000 regulars, and to organize six regiments of minute men, and to strengthen the frontier, and Mr. Caswell was called upon to present a plan of ways and means for carrying out the wishes of Congress. Governor Martin says that "Caswell has promoted the present convention with all his might, and remains here to superintend its movements, and no doubt to inflame it with the extravagant spirit of that Assembly of Philadelphia." Caswell was again made treasurer of the southern district, and appointed colonel of the minute men of his district, and placed on a secret committee for buying arms and ammunition.

Governor Martin now began to call for soldiers and to commission officers. Colonel Caswell was quickly in the field organizing his minute men; and when the Loyalists arose at Cross Creek and sought to give aid to the King's cause, Colonel Moore, who was in command of the regulars, had already made preparations to intercept any move on the part of the Loyalists. Colonel Caswell was ordered to unite with Lillington, while Colonel Moore watched the movements of the Loyalists. On the 24th of February Colonel Caswell gave orders to the inhabitants to destroy all bridges that lay between him and the Highlanders. This was accordingly done. Three days later the Loyalists fell back upon Caswell and Lillington, expecting to destroy them since they were detached from the regular army. A fierce encounter resulted at "Widow Moore's Creek Bridge," with the result that the first great encounter in North Carolina between the King's forces and the patriots ended in a great victory for Colonel Caswell and the brave men who fought under him. When the next Provincial Congress met at Halifax, April 4th, the thanks of Congress were given to Colonel Caswell and his brave men, and on the appointment of brigadier-generals of the militia, he was created the brigadier-general for his district.

The die was cast; independence was next declared.   A constitution and bill of rights were adopted. A new government was launched forth, with General Richard Caswell as the first governor. The new executive began his duties December 24, 1776, at the close of the Provincial Congress that adopted the constitution, and over which he presided as president.

Governor Caswell now turned his attention to the new commonwealth of which he was at the head. It was his genius largely that provided food and clothing, arms and ammunition for the soldiers. Gun factories were established. Iron works were encouraged. While serving as governor, at one time he acted as southern treasurer also. His oldest son, William, starting as ensign, rose to brigadier-general. Governor Caswell wrote him urging him to "put up with hardships, fatigues and inconveniences which others may shudder at." He said, "Let virtue, honor and prudence conduct you." Governor Caswell was at all times solicitous of the conduct and welfare of the North Carolina troops. While they were fighting under Washington around Philadelphia he wrote to his son, "Do tell me of the conduct and behavior of the North Carolina men—how some of them have fallen, whether bravely or otherwise. Though the latter, I flatter myself, you will have no account to give, yet if you have, I wish to know it."

When Washington was hard pressed, in the spring of 1778, the Provincial Congress offered to send him 5000 militia, and asked that the command be conferred on Governor Caswell.

Instead of that, in the fall Congress asked that 5000 men be sent South. Caswell had asked General Ashe to command the troops if they went North, and urged him to take this command, saying that one or the other must go, and that he could not, offering at the same time to act as treasurer in Ashe's place. And to aid General Ashe as much as possible, he moved his headquarters to the camp, near Elizabeth town, in order that he might hurry the detachments forward.

Governor Caswell was now elected to fill a third term. He requested the legislature to increase his salary, on the grounds that the depreciation in the currency was so great that he was unable to live within his income, and it was accordingly raised. As governor, Caswell had been active, vigilant and most efficient, and at the expiration of this term, being ineligible for re-election, the General Assembly passed resolutions thanking him for his great and valuable services. He was now commissioned major-general and given command of the entire State militia. His son, Brigadier-General William Caswell, had been at the South, and after the fall of Charleston retreated back to Cross Creek. Major-General Caswell now began to make extensive preparations for repelling any British invasion from the south. The British army was approaching the State line. Governor Nash wished to command the State troops as governor and commander-in-chief, but he gave way when he saw the immense popularity of General Caswell, who now joined the army at Cross Creek and began to make immediate preparations to unite with General Gates at Camden. It was an ill-fated expedition. In vain did General Caswell plead with General Gates to fortify himself against an attack, and on the 16th of August, when the army unexpectedly encountered Lord Cornwallis at night, the army was thrown into confusion and disastrously swept from the field, notwithstanding all efforts on the part of General Caswell and General Gates to rally the men. General Caswell, in his retreat, halted at Charlotte to organize his men, then rode straight to Hillsboro. The tide of public sentiment seemed for the time to have gone violently against him, and the command of the State militia was conferred on General Small-wood of Maryland, an experienced officer, and next in rank to General Gates. This so affected him that both he and his son, on October 26, 1780, resigned their commands. Governor Nash also came in for his share of criticism, and a war board was created with powers so great that he threatened to resign unless his constitutional rights were restored.

When the year 1781 opened it looked as if the British would overrun the State. The British seized Wilmington, and Cornwallis took post at Hillsboro. Equipments were not available. Never had there been such demoralization since the new State government was organized. General Caswell had been returned to the General Assembly from Dobbs County. The legislature in its bewilderment again looked to him to recommend proper measures for the defense of the State. Although hurt over the treatment at the hands of the legislature less than six months previously, he addressed himself to the task, and, after consulting with the governor, he made a vigorous stroke, and recommended that the legislature appoint "a council extraordinary, to consist of three men in whom the legislature can place the highest confidence, to advise His Excellency in the exigencies of the State, and that the governor, with the advice of any two of them, be invested with full power to take such measures as shall be deemed necessary for the defense and preservation of the State in all cases whatsoever.” He saw in the desperate circumstances the necessity of prompt and vigorous action. It being suggested that the resolution of September 12th appointing General Smallwood to the command of the State militia, and superseding General Caswell, had been construed much to his prejudice, the legislature appointed a committee to explain that resolution; and it was resolved "that the said resolution intended only, as there were sundry and sufficient reasons why Major-General Caswell could not immediately take the field, that Brigadier-General Smallwood, being the oldest brigadier in the Southern Department, should take the command of the militia in his absence." The following resolutions were adopted by both Houses:

"Resolved unanimously, That Richard Caswell, Esq.. be appointed a major-general, with the rank and pay of a major-general in the Continental Army in a separate department, and that he be requested to take command and call on the several Continental officers in this State not on duty, requiring them to assist in the immediate defense of the same, and to appoint them to such commands as he shall find necessary, which may tend to promote order and discipline in the militia, give satisfaction to the regular and not disgust to the militia officers."

And he, Alexander Martin and Allen Jones were chosen by a large majority the council extraordinary.

Whoever his enemies were that prevailed upon the legislature in his calamities must have stood amazed at such confidence when he was given entire control over military affairs.   His son, William Caswell, was also re-elected brigadier-general and placed in charge of the New-Bern district. General Caswell was chairman of the Council Extraordinary, and vigorous methods were pursued for expelling the British. General Greene was fleeing across the State. The Council Extraordinary, with General Caswell at the head, was raising troops, drilling them and equipping them. The whole State was armed. And when General Greene turned and checked the British at Guilford Court House, it was largely through Richard Caswell's efforts that the check was made possible, for at this time he was in Granville County with his regiment, directing the operations of raising troops and supplies and strengthening the defense; and thus he continued until Cornwallis's army left the State forever.

In April, 1782, the next year after the surrender, Caswell represented his county in the Senate, while his son William was a representative in the House. It was through Richard Caswell's influence that Alexander Martin was elected speaker of the Senate and finally governor. Martin was not popular, and Caswell was criticized. When Martin became governor, Caswell succeeded him as speaker. This was the first legislature after the war. The State accounts were in great confusion, and there was one man to whom the State had always looked in times of great emergency, so Richard Caswell was now asked to take the office of comptroller-general. During this year the greater part of Governor Martin's correspondence is written from Kinston, Caswell's home, showing that he had the benefit of frequent consultations with Caswell.

When the next legislature met, Caswell was eligible for election as governor. He was nominated, but was defeated by Martin by only seventeen votes. Caswell himself says, "The Edenton and Halifax men, with a few exceptions, voted for Governor Martin, saying I had crammed him down their throats last year and they were now determined to keep him there." He was, though, unanimously elected speaker of the Senate.

When the next Assembly met, he said he would not be a candidate for governor, but he was nominated and elected unanimously, and again held this high office for three years, the constitutional limit. In the meantime his son, Richard Caswell, Jr., was drowned at sea or captured by pirates and his oldest son, William, had died. They had given promise of great usefulness. The loss was irreparable, and it so affected General Caswell that he never fully recovered. His health was failing. His younger son, Winston Caswell, his private secretary during his last year as governor, signed a great deal of the correspondence, owing to the sickness of his father. At the close of his term the Assembly, in joint session, again thanked him for his great services.

It was Mr. Caswell's intention upon retiring from office as governor to move to Tennessee, for he always sympathized with the leaders of the "State of Franklin," and loved that western country, but his countrymen called him back to the Senate to lend them his counsel in forming a more perfect National Union. He was at once made speaker unanimously, and it was largely through his influence that North Carolina rejected the Federal Constitution as it was first presented. In 1789 he was again made speaker, but a few days after the opening of the Assembly he was stricken with paralysis, and on the 10th of November the Senate received intelligence that he was dead. The Assembly appointed a committee to arrange for his funeral and adjourned. The body was brought to Kinstbn, Lenoir County, where he resided for a quarter of a century, and buried. Where? History has given him no burial place; tradition has given him several. His grave is unmarked because even his friends and admirers of to-day are unable to agree as to his resting place. But a monument at Kinston perpetuates his memory.

Governor Caswell was twice married. His first wife, Mary Mackilwain of Craven, bore him one son, William, the brigadier-general. His second wife, Sarah, daughter of William Heritage, an eminent lawyer, bore him several children, who have descendants still living in North Carolina. His granddaughter, Eleanor White, became the wife of Governor Swain. General Caswell's home was adjoining the Heritage estate near Kinston.

Richard Caswell, surveyor, lawyer, legislator, speaker of the Assembly, colonel, treasurer, delegate to the Continental Congress, president of the Provincial Congress, brigadier-general, major-general, chairman of the Council Extraordinary, speaker of the Senate, comptroller-general and governor, was more variously honored by the people of North Carolina than any other citizen before or since his day. He was distinguished as a lawyer, and as a legislator none has excelled him in statecraft, judging from his popularity and continued power. As a war governor he had a popularity, a power and efficiency that made him at least the equal of Vance, who stands unsurpassed in modern history. As a military officer, in organizing and equipping troops for service, North Carolina has never produced a man who had such control among so many difficulties. Nathaniel Macon, who received his first training in statecraft under Richard Caswell, says of him: "Governor Caswell of Lenoir was one of the most powerful men that ever lived in this or any other country. As a statesman, his patriotism was unquestioned, his discernment was quick, his judgment sound; as a soldier, his courage was undaunted, his vigilance untiring, his success triumphant."

In the limited space allotted me I have tried to collate these facts concerning one of North Carolina's greatest statesmen in order that his service may not be forgotten and his memory unhonored.

Eugene C. Brooks.  
(Source: Biographical History of North Carolina from Colonial Times to Present, By Samuel A. Ashe, Vol. III, published 1906)





 

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