Marlboro County ScArchives History - Books .....Chapter XVIII After The Revolution 1897 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/sc/scfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com January 5, 2007, 12:38 pm Book Title: A History Of Marlboro County CHAPTER XVIII. AFTER THE REVOLUTION. With the close of the protracted and arduous struggle through which the country had passed, and the return of peace; came many responsibilities. The material development of the State, the establishment of schools, the payment of debts, the creation of a currency, and the enforcement of order and law, everything in short, essential to the prosperity of a new government, demanded attention. The halls of justice long closed were to be reopened; a nation just born was to take its initial steps in self-government, and not license, and lawlessness. The State Legislature was called to meet in January, 1783. Major Tristram Thomas was elected Senator for Cheraw District, and Lemuel Benton, Thomas Powe, William Pegues, William Strother, William DeWitt, and Claudius Pegues, members of the House of Representatives. At that session Claudius Pegues was elected Ordinary for the District, and William DeWitt, Sheriff. Both of these offices at that time were especially important. Many deaths had occurred, many estates were unsettled, and there was great need for prudence and skill in the men who were called to these responsible positions, and it was greatly to the credit of these gentlemen to be counted worthy to fill those places, and that they were not found wanting. The first general court after peace was declared was held at Long Bluff in November, Judge Grimke presiding. The Judge had but lately received his commission. He was a student in England when the war broke out, but hurried to his native shore and threw himself into the struggle upon the side of liberty. He sat upon the bench and saw before him in the courtroom and the "jury box" the forms of men, who, like himself, had passed through the hardships and dangers of the field while their property was exposed to the depredations of the Tories, and could yet rise above emotions of resentment and hatred. He counseled his countrymen no longer to brand their people with this appellation, but to seek for things that make for peace. For thirty-six years he lived to enforce and expound justice and law. Judging from the anecdotes that Judge O'Neal records of him in his "Bench and Bar," we should say of him, "A terror to evil-doers," and a "Spur to plodding lawyers." In the Edgefield court, 1815, the sessions docket was exceedingly heavy. The "solicitor, Mr. Starke, presented forty bills of indictment for every grade of offense from assault and battery to murder. Thirty-nine were found "true bills." Many convictions followed. One of the Edgefield rowdies of the day, looking on at the arraignment and conviction of so many, swore it 'was no place for him to be,' for said he, 'Starke holds and Grimke skins.' " No doubt the wise words of this Judge, addressed to a Grand Jury composed of such men as George Hicks, Morgan Brown, Moses Pearson, Philip Pledger, Thomas Ellerbe, and others of like spirit, had much effect in restoring peace and order; in encouraging the people in self-reliance, industry and respect of law. It also encouraged the improvement of public highways and river navigation. It was at this term of court that the Grand Jury recommended the opening of a road from Long Bluff to Barnes s bridge, or Gum Swamp, where it was to meet another from Cross Creek, now Fayettville, in North Carolina, the road upon which Bennettsville is located It was during the session of 1785 that an Act passed the Legislature, establishing inferior courts of justice, like the County Courts of some neighboring States. By this Act the District of Cheraw was divided into three Counties, Darlington, Chesterfield, and Marlboro, the latter embracing the territory on the eastern side of the Great Pee Dee, and which is included in the County of to-day. By this Act justices were to be appointed; with power to build court-houses, lay taxes for this purpose, hold quarterly sessions, have jurisdiction in causes at "common law," when the debt was "liquidated by bond, or note of hand, or where the damages did not exceed fifty pounds," and in minor criminal cases, with the right of appeal to the higher courts. The first Board of Justices appointed for Marlboro consisted of the following: Claudius Pegues, George Hicks, Morgan Brown, Tristram Thomas,. Claudius Pegues, Jr., Moses Pearson and Thomas Evans. The position was one of trust, demanding wisdom and integrity. As "gold is purified in the fire," the ordeal through which these men had passed had proven their character before their fellow citizens. They seemed to have organized at once, and tradition has it that they met for a time at Gardner's Bluff, or near there, but the permanent location selected was nearer to Crooked Creek, near by what is now Evans' Mill. Gen. Thomas's conveyance of the ground to the above-named Commissioners is upon record. The building erected was of wood, two stories high—capacious and substantial, but the locality proved unhealthy. The court-house was found to be inconveniently located, and in 1819 steps were taken to change the seat of justice to a more central and healthy spot. So, in 1824, a new court-house was finished at Bennnettsville, the present site. It is not to be understood that the Circuit courts were abandoned when the County courts were established. The court for Cheraw District of the Northern Circuit seems yet to have been regularly held, but this dual system does not appear to have been satisfactory, and a change in the system was thought to be necessary. So that, at the session of Legislature, 1799, a bill was passed for "instituting District courts in the several Counties of the State." The Counties were, therefore, called Districts until 1868, when the Convention of reconstruction restored the old title. Let us turn back to the natal day in 1785 when the three divisions formed in Cheraw District had to be named. One of them, Darlington, took the name of a gallant colonel who distinguished himself in the War of Independence. Chesterfield honored the old English Earl whose name has long been the synonym of dignity and grace. Our own division went across the water also in search of a name, and fixed on England's grand old soldier, who never knew defeat in the battles of a life-time, and honored the Duke of Marlborough by taking his heroic name. Before passing entirely from the County court period of our history, it may be well to mention other men who sat upon the bench of justices. In March, 1786, we find William Thomas, Thomas Lide, and William Easterling. The latter is recognized as the ancestor of the Adamsville branch of the family bearing that name. He was afterwards made Ordinary and served until his death in honorable old age. Mr. Lide ("Colonel," he was called) is said to have been a man of high character, the grandfather of Governor John Lide Wilson, and the father of five sons; John, Thomas, Charles M., Robert and James; also a daughter who first became Mrs. Twitty and afterwards Mrs. Burn. Charles Motte Lide, one of the sons, was considered one of the most remarkable men of his day. Educated, intellectual, a gifted orator, few men could so sway the emotions of an audience; but strangely erratic, and of feeble health and irregular habits, he sank into an early grave. The Colonel and Justice was a pious man, a prominent Baptist, and died greatly lamented, soon after his appointment to a justiceship in Marlboro. In 1787 William Thomas came from Maryland and settled a few miles above Cheraw, on the east side of the river, married a Miss Little, who had some property, to which he largely added. One son, William L., was given to this pair. He married a Miss Benton, who had two sons, Alexander, who died unmarried, and William L., who married Jane McQueen, and died childless. His widow afterwards became the wife of Col. John Campbell, the Congressman, and passed calmly away within the last few months. Thus it is seen that this branch of the Thomas family is extinct. In 1789 Drury Robertson was made a justice. It is said that this gentleman came to Marlboro after the war. If so he must have been a man of marked influence, for he became prominent in the affairs of the country at once, having been elected to the Legislature the year before he was made a Justice. There is a tradition that he had a command in the revolutionary army, and this may have helped him to positions where there were so many worthy competitors. Major Robertson made property, and secured a splendid body of land upon both sides of Naked Creek, and built a mill or two upon that stream. He was the maternal grandfather of that noble son of Marlboro, Col. William T. Ellerbe. Samuel Brown, a member of the Brownsville family, and George Cherry, another citizen of Lower Marlboro, and Benjamin Hicks, also were members of this County Court Commission, before it was finally abolished in 1799. It 1S proper in this connection to place upon record the names of the men who were elected from Marlboro, to the State Legislature, bearing in mind that until 1790 they were chosen to represent Cheraw District, or St. David's Parish, rather than the separate counties. In 1786 William Thomas was elected Senator, and Calvin Spencer, Robert Baxter, Morgan Brown, Andrew Hunter, Lemuel Benton, and William Strother, Representatives Most of the latter resided on the western side of the river, which was altogether fair, since the eastern side had the Senator. In 1788 the same members appear. On May 12th, of that year, a convention assembled for the ratification of the Federal Constitution. The delegates from the Cheraw District were Lemuel Benton, Tristram Thomas, William DeWitt, Calvin Spencer, S. Taylor, R. Brownfield, and Benj. Hicks. This delegation voted for the ratification. In November of that year Morgan Brown was elected Senator, and Robert Ellison, Charles Evans, Thomas Evans, Robert Brownfield, Drury Robertson, and Henry Cannon, Representatives. It was the Legislature of which these were members that issued a call for a State Constitutional Convention, which met in Columbia in May, 1790. For St. David's Parish the following delegates were sent: Calvin Spencer, Benj. Hicks, Lem Benton, Robert Ellison, Charles Evans, Morgan Brown and Rev. Evan Pugh. This Convention adopted a Constitution June 3d, which gave the three counties of Cheraw District, two Representatives each, and two Senators for the three. At the next election Morgan Brown and Robert Allison were chosen Senators, and Thomas Evans, and John Jones James were Representatives from Marlboro. In 1792, Robert Allison, whose term of service had expired, was re-elected Senator, and John J. James and Benj. Hicks Representatives from Marlboro. In 1794 Marlboro elected as Representatives J. J. James and Drury Robertson, and in 1796, they were re-elected, with William and Tristram Thomas as Senators. In 1798, William Whitfield took the place of Mr. James, and John McIver that of General Thomas in the Senate. In 1800, Drury Robertson was succeed by David Stewart in the House, and Alex McIntosh took the place of William Thomas. The organization of the militia seems to have received the attention of the Legislature at an early period. In the returns of 1787-1788 the Cheraw regiment, Col. Benton commanding, is put down at one thousand men, and in 1789 a cavalry company was organized at Cheraw with Samuel Taylor as captain, Holden Wade and Benny Hicks, lieutenants, and forty privates. By 1794 the militia of the State had so increased that the Cheraw regiment had grown into a brigade of three regiments, the Thirty-seventh or Marlboro, under Col. Thomas Evans. Col. Benton, who, for long years, had been deservedly popular, faithful and true upon the field of war, foremost as a statesman, a leader in every enterprise looking to the country's welfare, was now in Congress as the first representative of the Pee Dee district. He naturally enough aspired to, and expected to be made a brigadier. But Maj. Thomas was also an idol with his people; faithful, true and capable wherever the voice of his country, or duty to his Saviour called him, and he it was whom his countrymen preferred as the commander of the brigade. The sensibilities of the soldier were touched when one that had fought at his side, and since served as a subordinate, should be promoted above him. Benton promptly resigned his commission as Colonel of the Cheraw regiment, and Capt. Spencer was elected in his place. In 1800 the Cheraw brigade numbered 2,224 men» and the total population of the district is set down at 18,015, an increase of nearly 8,000 since 1792, when the total was 10,706. Of this latter number 3,288 were colored, and in 1800 the slaves were 4,877. For Marlboro, in 1800, the white population was 3,880, and the colored 1,393, nearly three to one in favor of the whites. Now, we are largely outnumbered by the sable faces. Has it been that the white people have emigrated and left their servants behind? or has it been that the natural increase of the colored race has so largely exceeded the white? Additional Comments: Extracted from: A HISTORY OF MARLBORO COUNTY, WITH TRADITIONS AND SKETCHES OF NUMEROUS FAMILIES. REV. J. A. W. THOMAS, AUTHOR. A wonderful stream is the river Time As it runs through the realms of tears With a faultless rhythm and a musical rhyme, And a broader sweep and a surge sublime As it blends with the ocean of years. —TENNYSON. ATLANTA, GA.: THE FOOTE & DAVIES COMPANY, Printers and Binders. 1897. File at: http://files.usgwarchives.net/sc/marlboro/history/1897/ahistory/chapterx26gms.txt This file has been created by a form at http://www.genrecords.org/scfiles/ File size: 14.1 Kb