So, Sassenachs, are you ready for some more fun North Carolina history facts as they relate to Outlander Episodes 504 and 505? Well, I’ve been exploring and researching some things from the last two episodes. I’ll be honest, there’s so much to share I should have broken this into two posts but I didn’t start working on my research until this week. I’ll try to keep things as brief as possible with lots of links. Ready, set, go (or as the MacKenzies would say, Tulach Ard)!!
Perfume for Lizzie
In colonial America, perfumes would have been easily made concoctions made from a single herb or flower. Orange blossom, which is what Bree gave Lizzie in Episode 504, was very common. Some perfumes were imported from London to the colonies. Want to make your own orange blossom perfume? Check out this recipe from The Toilet of Flora published in London in 1779 by Pierre-Joseph Buc’hoz.
The Mysterious Coin
When Brianna finds the silver coin in Jemmy’s basket in Episode 504, my first thought was did it hold any meaning specifically related to Bonnet. She did turn the coin from front to back and we got a pretty good quick look at it. My grandson was into coin collecting a couple of years ago and I was intrigued by the discoveries he made. What better thing to do than put on my coin collecting hat to go searching for Jemmy’s mystery coin. I believe the coin is either a King George II Sixpence (1757) or a King George III Sixpence (1787). If it’s the former, King George is turned the wrong way. If it’s the latter, then that coin traveled through time to be in Jemmy’s basket in 1771. Take a look and tell me what you think.
It’s A Bird, It's A Plane, It's A...?
No, I don’t think Bree heard a woman screaming when she went out to get wood for the fire in Episode 504. I think that might have been a Carolina panther (or a painter, as the mountain folk call them). Take a listen to this YouTube video…
The panther in the YouTube video is a Florida panther, a very close cousin, but it sure sounds like what Bree heard, doesn’t it? The panther has been supposedly extinct in North Carolina since the early 1920’s but there have been many reported sightings in recent years. Does the panther still exist in North Carolina? Check out these articles and I’ll let you decide.
Who and what comprised the militia in Colonial North Carolina? This episode accurately portrays that militia members didn’t wear uniforms but dressed in their day to day clothing. For a look at what a member of the militia might have worn in the 18th century, check out “Building a 1750’s Militia Impression” by Fort Dobbs Historic Site in North Carolina. Also, the show got the age minimum for joining the militia right. Our friends at Alamance Battleground State Historic Site have shared that young men had to be 16 years of age of older to join the militia. Josiah will just have to wait a couple of years. For even more information on colonial militias in North Carolina, read this article.
Isaiah Morton from Granite Falls, NC
Fraser’s Ridge is a fictional place (gasp!) and so is the oft-mentioned Woolam’s Creek but Granite Falls is not. The love-smitten Isaiah Morton in Episode 504 hailed from Granite Falls, an actual location in Caldwell County, North Carolina. The town of Granite Falls itself wasn’t officially established until 1899 but don’t despair that the show writers got it wrong! Named for the falls and the granite boulders on Gunpowder Creek, this town does have plenty of 18th century history! Pioneer, Andrew Baird, established an iron works next to the creek in 1791. Find out more about Granite Falls, Caldwell County and other places to visit in the area here.
William Reed's Ordinary
Speaking of actual places, in Episode 505, Jamie found Colonel Knox at William Reed’s Ordinary in Hillsborough. I was thrilled to find that this establishment actually existed in Hillsborough as a tavern and place of lodging during the time of Jamie’s visit! William Reed’s Ordinary dates back to 1754 when it was built and it still stands today. From the Historical Society of Hillsborough’s Newsletter No. 31:
There are various references in early COURT MINUTES to William Reed’s dwelling house “near the Court House.” Reed and his wife, Elizabeth Douglas, were living in Orange County in December, 1752, when he was appointed deputy to William Churton, and in 1753 deputy clerk of the Court. In the COURT MINUTES Reed petitions for a license to keep an Ordinary or Tavern at his house on Lot 30. The dwelling house being located on “The GREATER KING STREET,” the Road to Halifax, and the old Indian Trading Path, was well-placed to be used as a tavern. DB No. 1 reveals that on Sept. 8, 1755, William Churton sells to William Reed, Tavernkeeper, “Two certain Lotts of Land (No. 30 and No. 40) in Corbinton on the north side of the great Street commonly called King Street, and a Lott (No. 29) on the West for the sum of 15 shillings for each Lott.” (Included in the deed is a provision for building within two years.)
C.J. Sauthior drew his map of Hillsborough in October, 1768, and on it, on lot 30 there is a dwelling house where the present house stands. There were two outbuildings behind the main house, and a garden to the East, where oral tradition says it stood within living memory. There seens to be a structure to the stream call the Still-house Branch running through the Western edge of lot 30. Very likely this was an early still-house to supply William Reed’s Tavern.
Here’s a picture of William Reed’s Tavern which stands at 157 E. King Street in Hillsborough. It is on Hillsborough’s self-guided walking tour and is now on my bucket list of places to see this year.
You might also be interested to know that the house is considered haunted. Plan your visit to Historic Hillsborough here.
Chanterelle Mushrooms
What the heck is a chanterelle mushroom? That’s the question I found asking myself during Episode 505. Am I the only one who asked that question? Anyway, chanterelle mushrooms do grow in North Carolina and here are a couple of articles about them that you may find of interest.
Apparently, they are very tasty and would make a wonderful soup. Here’s one recipe I found that you might want to try. Have you ever seen a chanterelle mushroom?
The challenge of history is to recover the past and introduce it to the present.
I told you there was a lot to share. Wonderful history that changes the way we look at things – past and present. As I said in my last post, the history that Diana Gabaldon has revealed to me is astonishing! And I’m just beginning to learn all that there is to know. It is so much fun dissecting these episodes and learning things about my own state. I’m sure enjoying my self-imposed history project and I hope you are enjoying reading my discoveries.
Did you learn something you didn’t know before? Do you have something you’d like to share? If the answer to either question is yes, I’d love to hear from you in the comments.
Thank you so much for reading!!
Your History-Obsessed Outlander Friend (or is it Your Outlander- Obsessed History Friend),
In our last Outlander “fact or fiction,” we examined North Carolina land grants. In this installment, we will take a look at North Carolina inheritance law as it relates to the story.
Season five episode Free Will, in a stellar adaptation, recently dealt with the creepy Beardsley family storyline. In both the book and the show, a child is born to Fanny Beardsley, and it is revealed that the baby (who is later named Alicia) is not her husband’s and is of mixed race. In the book The Fiery Cross, Claire and Jamie have this discussion:
“Do you think we ought to take her?” I asked cautiously. “I mean – what might happen to her if we don’t?” Jamie snorted faintly, dropping his arm, and leaned back against the wall of the house. He wiped his nose, and tilted his head toward the faint rumble of voices that came through the chinked logs. “She’d be well cared for, Sassenach. She’s in the way of being an heiress, ken.” That aspect of the matter hadn’t occurred to me at all. “Are you sure?” I said dubiously. “I mean, the Beardsleys are both gone, but as she’s illegitimate –“ He shook his head, interrupting me. “Nay, she’s legitimate.” “But she can’t be. No one realizes it yet except you and me, but her father – “Her father was Aaron Beardsley, so far as the law is concerned,” he informed me. “By English law, a child born in wedlock is the legal child – and heir – of the husband, even if it is known for a fact that the mother committed adultery. And yon woman did say that Beardsley married her, no?” It struck me that he was remarkably positive about this particular provision of English law…”I see,” I said slowly. “So little Nameless will inherit all Beardsley’s property, even after they discover that he can’t have been her father. That’s…reassuring.” “Aye,” he said quietly…”So ye see,” he went on, matter-of-factly, “she’s in no danger of neglect. An Orphan Court would give Beardsley’s property – goats and all” – he added, with a faint grin – “to whomever is her guardian, to be used for her welfare.” – The Fiery Cross, Chapter 31, “Orphan of the Storm,” p. 510-511.
Jamie is certainly correct that the colony of North Carolina was under English law. But should he be quite so certain about the nature of bastardy, adultery, and inheritance under that law?
The Beardsley property from Outlander episode Free Will
In reality, English law was not straightforward nor one-size-fits-all on the issue of legitimacy. Sir William Blackstone, in his commentary on English law (1765-69) declared that some circumstances would make children born in wedlock bastards in the eyes of the law:
“As bastards may be born before the coverture or marriage state has begun, or after it has been determined, so also children born during wedlock may in some circumstances be bastards…”1
One reason given by Blackstone was if it were known to be impossible for the man to have fathered a child, such as not being physically present with his wife at time of conception:
“So also if there is an apparent impossibility of procreation on the part of the husband…there the issue of the wife shall be bastards.”2
Determining legitimacy was very important in an intestate situation because under English law intestate inheritance was by lineal blood3; thus such terms as “the heirs of his body” and “of the blood” are often seen in reference to legitimate children. By contrast, illegitimate children were legally considered a “filius nullius” or “nullius filii, “child of no one” or “sons of nobody”:
“BASTARDS are incapable of being heirs. Bastards, by our law, are such children as are not born either in lawful wedlock, or within a competent time after its determination.Such are held to be nullius filii, the sons of nobody; for the maxim of law is, qui ex damnato coitu nascuntur, inter liberos non computantur [the offspring of an illicit connection are not reckoned as children]. Being thus the sons of nobody, they have no blood in them, at least no inheritable blood; consequently, none of the blood of the first purchaser: and therefore, if there be no other claimant than such illegitimate children, the land shall escheat to the lord.” 4
Fanny Beardsley sharing her story of abuse with Claire, as well as the parentage of her new baby.
While the law did generally lean towards a presumption of legitimacy in the case of children born to married women, this was only in absence of obvious evidence to the contrary. As the racial factor made Fanny Beardsley’s child an obvious bastard to Claire, so her appearance would have to colonial society as a whole. “Judicial error was tolerated when it meant that a white child, unrelated by blood, would be made a white man’s legal heir. An African-American child becoming a white man’s legal heir, however, was unacceptable. Faced with this situation, the court essentially suspended application of the presumption.”5 Although it certainly happened – and often – miscegenation was against colonial law at this time, which would automatically render any marriage void, and therefore any offspring illegitimate:
“North Carolina followed suit [with miscegenation laws] in 1715 providing that ‘no White man or woman shall intermarry with any Negro, Mulatto or Indyan Man or Woman under the penalty of Fifty Pounds for each White man or woman.’ In 1741, the North Carolina act was amended to more closely track the earlier Virginia statute: ‘And for Prevention of that abominable Mixture and spurious issue, which hereafter may increase in this Government, by white Men and women intermarrying with Indians, Negroes, Mustees, or Mulattoes, Be it Enacted, by the Authority aforesaid, That if any white Man or Woman, being free, shall intermarry with an Indian, Negro, Mustee, or Mulatto Man or Woman, or any Person of Mixed Blood, to the Third Generation, bond or free, he shall, by Judgment of the County Court, forfeit and pay the Sum of Fifty Pounds, Proclamation Money, to the Use of the Parish.’”6
Sweet wee “Bonnie’s” future seems uncertain
As we see here, unfortunately for Fanny’s child, several strikes would be against her were she a real person. If Aaron Beardsley did not dispose of his property by will, intestate inheritance law would immediately come into play, and an inquiry into the identity of any legitimate lineal heirs would be undertaken by the county court. Aaron Beardsley’s incapacity would not likely factor in, as he had only been in that state for about a month when Jamie and Claire showed up, and thus could have fathered a child before that time. However, the fact that he was not apparently able to father a child with any of his previous wives could have raised doubt and become an issue. But the definitive reckoning would be the child’s mixed-race parentage, which the books and show indicate was obvious by the child’s physical appearance. If it were known or believed that Aaron Beardsley was a white man, and it was thought that the child was anything other, then a status of illegitimacy would automatically follow, which would absolutely eliminate inheritance.
Verdict: FICTION
Bonus Trivia: Did you know? An “orphan” was legally a child whose father was deceased, regardless of the status of the mother.7 After 1799 in North Carolina, a change in state law recognized illegitimate children as heirs of their mother and were enabled to inherit from her.8
Sadly, the past was not kind to babies born out of wedlock, and little “Bonnie” would not have been an exception. Are you on Jamie’s side–hopeful that wee “Bonnie” will inherit the Beardsley property, or will she have to rely on her new adoptive parents for her raising? From the looks of the scene where Lucinda and her husband ask Claire if they can keep the baby, she will not lack for love at all. Tell us what you think!
Thanks, Traci, for this insight about bastardy and inheritance laws! Traci Thompson is a married mother of two who lives in eastern North Carolina, and is, of course, an avid Outlander fan. Traci is a Certified Genealogist and Local History & Genealogy Librarian. She is a contributing author for Outlander North Carolina.
Footnotes: 1. Sir William Blackstone, Commentaries on the Laws of England, 4 volumes (Oxford: Clarendon Press, 1765-69), 1st ed., Volume 1, “The Rights of Persons,” Chapter 16, “Of Parent and Child”; digital transcription, The Avalon Project (https://avalon.law.yale.edu/18th_century/blackstone_bk1ch16.asp : accessed 2020). 2. Blackstone, Commentaries on the Laws of England. 3. Blackstone, Commentaries on the Laws of England, Volume 2, Chapter 14. 4. Blackstone, Commentaries on the Laws of England, Volume 2, Chapter 15. 5. Mary Louise Fellows, “The Law of Legitimacy: An Instrument of Procreative Power,” Scholarship Repository University of Minnesota Law School, 1993 (https://scholarship.law.umn.edu/ : accessed 2020), p. 502. 6. Judy G. Russell, “Intermarriage and the Law, Colonial Style,” The Legal Genealogist 1 June 2012 (https://www.legalgenealogist.com/2012/06/01/intermarriage-and-the-law-colonial-style/ : accessed 2020). 7. Raymond A. Winslow, Jr., “Estates Records,” in Helen F.M. Leary, editor, North Carolina Research: Genealogy and Local History, 2nd edition (Raleigh, NC: North Carolina Genealogical Society, 1996), chapter 12, p. 189, “Guardians and Conservators.” 8. John Haywood, Esq., A Manual of the Laws of North Carolina (Raleigh, NC: J. Gales, 1814), p. 274, “Intestate’s Estate,” section IV, 1799. Photos from Outlander Online
I don’t know about you but I’m loving the new season of Outlander! There is so much HISTORY in this season, I can hardly contain myself. OK. OK, I confess. I have become a history nerd but it’s all Diana’s fault. When I fell in love with Outlander, I also fell in love with all of the wonderful history that surrounds the story. I’ve been watching the show, rereading the book and doing some research on my own. So, bear with me, as I share a few things that I’ve discovered as a result of Episode 502, Between Two Fires, and Episode 503, Free Will. Just consider it the Outlander North Carolina version of CliffsNotes. Hang on ’cause here we go! P.S. There are a lot of links in this article and they should all open in a new tab.
Hillsborough Riots
Did they actually occur? Yes! There were some pretty brutal mob riots by the Regulators in Orange County, North Carolina, more specifically in Hillsborough, in September, 1770. You’ll be interested to know that there is NO record of anyone being tarred and feathered during the riots. Edmund Fanning, the Crown Attorney, was dragged out of the courthouse by his feet with his head reportedly hitting each step on the way down plus they beat him and at least one other man with clubs and whips. Read more about the true story of the Hillsborough Riots and what ignited them here.
The Hillsborough Riots weren’t the beginning of violent hostilities. In fact, in 1765, there was a skirmish called the War of Sugar Creek in Mecklenburg County between the backcountry settlers and a survey crew. Once again, our friend, Edmund Fanning, is involved. He’s such a tattletale.
Sidenote to that last link, what is James Fraser doing at Hart’s Mill and why is he a reverend?
Historical Marker at Eno River Bridge Northwest of Hillsborough
Rowan County
Complete Map of NC by John Collet From Survey 1770
You may remember Jamie calling the men of Rowan County to form a militia in Episode 3. (Can someone please tell me what paper Fergus grabbed and was writing Jamie’s instructions on?) Anyway, did Rowan County actually exist? Yes, it did and still does today; however, in 1770, Rowan County, North Carolina, was HUGE. Check out this map of North Carolina in 1770 which shows just how much territory comprised Rowan County in relation to the map above. At that time, the county would have encompassed at least 20 of North Carolina’s existing 100 counties today. Jamie would have had a wide pool from which to gather men for a militia as you can see.
Brownsville, North Carolina
Brownsville, North Carolina was mentioned in Episode 3 and in the books. Did it really exist? No, not that I can find BUT you will be interested to know that there was a Brownsville Plantation (ca. 1800) in Granville County, North Carolina . Granville County in 1770 would have been two counties east of Rowan. Click here for map.
From The Fiery Cross…
“Brownsville was the outer point of our journey, before turning back toward Salisbury, and it held the possibility of a pothouse—or at least a hospitable shed to sleep in—but Jamie thought better to wait.”
“Brownsville was half a dozen ramshackle huts, strewn among the dying brush of a hillside like a handful of rubbish tossed into the weeds. Near the road—if the narrow rut of churned black mud could be dignified by such a word—two cabins leaned tipsily on either side of a slightly larger and more solid-looking building, like drunkards leaning cozily on a sober companion. Rather ironically, this larger building seemed to operate as Brownsville’s general store and taproom, judging from the barrels of beer and powder and the stacks of drenched hides that stood in the muddy yard beside it—though to apply either term to it was granting that more dignity than it deserved, too, Roger thought.”
Brownsville Plantation was owned by Thomas Brown of Scotland. How about that? He was born in 1776 and died in 1856. The plantation also had a post office, a store and a school. As thorough as Diana is, I wonder if she happened upon Brownsville Plantation in her research. Although Brownsville Plantation would have been outside of Jamie’s “jurisdiction” plus the time frame doesn’t match, it is interesting to think about and wonder, isn’t it?
Herman Husband
Historical Marker in Randolph County, North Carolina
We met Herman Husband with Murtagh very briefly in Episode 2. He didn’t look at all like I envisioned him. But did he actually exist? Yes! In fact, he was instrumental in the Regulator movement, stirring up tensions in the backcountry settlers who felt unfairly treated by Governor Tryon, the local sheriffs and the wealthier Eastern North Carolina landowners. Since Husband was a Quaker, his leadership in the Regulator movement was somewhat controversial, I think we will see more of good ole’ Herman (I say that with a wink) as the season progresses.
One last thing on Husband from Episode 2, it appeared that the Regulators were assembled in a camp. Rocky Creek Baptist Church was the site of many meetings of the Regulators plus Herman Husband participated in the early history of the church. I think I’ll just imagine that’s where they were meeting in the show. Wink.
Historical Marker in Chatham County, North Carolina
Reward For Fighting For Tryon
Roger: Governor Tryon's orders. All able-bodied men are asked to join His Excellency's militia.
Mrs. Findlay: Poor men must bleed for rich man's gold and always will, eh? Their father has gone to his reward in heaven, or he'd join ye.
Roger: My condolences, Mistress Findlay.
Roger: Is there a reward for my sons? 40 shillings each from the governor's treasury and two shillings a day for as long as they serve.
Thanks to our friends at Alamance Battleground State Historic Site Facebook Page for sharing the following cool bit of history with us: Circular Letter from William Tryon to commanding officers of the North Carolina militia. Among other things, Tryon’s letter spells out what each man who volunteered would receive in terms of “reward”, as Mrs. Findlay put it. It’s a very interesting letter. If you haven’t already liked the Alamance Battleground State Historic Site Facebook Page, you might want to do so by clicking the link above. Season 5 will revolve around this battle to a large extent.
Back To The Present
Welcome back to 2020! Did you enjoy your trip through time and the history as it relates to Outlander Episodes 502 & 503? I’m no scholar so I’d love to hear what you think. There are so many things I didn’t mention, either because of complete ignorance (probably) or because they might be spoilers, so I’m waiting for things to play out on the screen before I discuss them. I’m really excited about the rest of the season though and I hope you’ll join me for some more history lessons!!
Want to come to North Carolina to see these places for yourselves? Check out the following:
It’s only been three weeks since we left the Ridge after an amazing second Fraser’s Ridge Homecoming, but it seems like months! We have to apologize for a somewhat lengthy absence, but the second Homecoming event was worth all of our time and energy. We’d like to share some attendees experiences and photos with everyone, as well as our exciting news for Homecoming 2020! Today’s experience is from Debbie Morelock!
“So, what was it like to go back in time for a few days and get in touch with my inner Sassenach and for my husband, his inner Highlander? Aye lass and lassie, it was awesome! Getting to Leatherwood Resort wasn’t a bad drive from TN and GPS kept us on track. After a lot of curvy roads, some paved and others not so much, which helped make us feel like we were being transported back in time, pulling in to Leatherwood was a welcome sight. Let me tell you, it is an absolutely gorgeous place. Tucked neatly on the side of the mountain with a little creek and horse barns, it’s peaceful and beautiful!
Checking in was simple and quick. In no time, we had the keys and directions to our cabin. My husband and I resisted the urge to go on to the Fraser’s Homecoming check in and drove on to our cabin to unload and freshen up. Then it was off to registration and begin our Fraser’s Ridge Homecoming 2019 weekend!
First impression of checking in for the weekend’s activities? I was in awe at how well it was streamlined! And the tote bag full of goodies that we each got was a nice surprise! From an Outlander 2020 calendar, to a zippered notepad with pen, to a book of short stories from a local author, to cute themed pins and a sticker, there was just so many things! The best part of all during check in was hearing the bagpipes being played! And seeing Highlanders dressed in their kilts marching up and down the field calling commands only added to the sights and sounds. Talk about having the hair on your arms and back of your neck stand up! Were we still in NC or did we really go back home to Scotland? You know the old saying “The devil is in the details.”? Well, I could tell after checking in, Beth and her crew were certainly going to beat that devil to death over this weekend or die trying. I knew we were in store for an amazing time! There is no way I can begin to name every little detail I noticed that went into everything, there were so many!
We spent the rest of Thursday afternoon on the scavenger hunt looking for charms that depicted different parts of the Outlander series. The finale was getting up to Craigh na Dun cabin and the standing stones! From where we were, we could also see Grandfather Mountain off in the distance. All I can say is WOW! Soon it was time for the Hello the House Welcome Party. There was lots of yummy hors d’ oeuvres, live music and what we had all been waiting for: The Calling of the Clans! It was so fun to hear all the different clans being represented as each flaming torch was placed in the fire. Sadly, we were too tired to stay for the ghost stories and headed back to the cabin.
Friday brought several different workshops that we had signed up for oh, and did I mention it was hot yesterday? It was in the mid 90’s and Friday turned out the same. We were sweating buckets, but we had so much fun! Probably my favorite workshop was listening to The Tale of the Regulators. Lunch was a wonderful beef stew and at dinner the barbecue and fixings was so good. During dinner we officially welcomed Shaun Alexander, world traveler and YouTube vlogger and his wife, Teka to the gathering. It’s so cool that they came across the pond to be here and share this weekend with us and with his fans around the world! When the costume contest took place, I was so impressed with everyone’s costumes. The contestants came dressed and ready to win. Then we watched the Druid Lantern Dance performed just like in the opening scenes of Outlander! AMAZINGLY BEAUTIFUL is all I can say.
Saturday brought a complete change in weather. It started to mist and temperatures dropped! I think somehow Beth planned it that way to give us a real feeling of being in the Scottish Highlands! The workshops Saturday were even better! I enjoyed having a one on one with the genealogist and gathered some tips on researching more of our family history. My husband had a great time with the hawk and knife throwing. Lunch was so good! I had shepherd’s pie and my husband had the smoked pork tacos. After lunch I went to hear the 18th century doctor. I could have stood there in the drizzling rain all day. It was so interesting! My husband participated in the flint fire building class and really liked it. I have a feeling he will be building his own hawk throwing target before too long and a place to practice his flint fire making skills.
Soon it was time to go warm up and change for dinner. This was the evening we’ve been waiting all year for! I dressed in my Scottish skirt and blouse and my husband looked so dashing in his kilt. The tables were set and decorated in a rustic fall foliage and a mixture of different plaids. We enjoyed tender venison, chicken and mashed potatoes with roasted kale. Dinna fash, I’m getting to the dessert. Warm toffee sticky pudding and apple dumplings. Do I need to say more? The music by Celtic Connections was hauntingly beautiful. But the icing on the cake was the surprise Beth had for us all. A video giving us the dates for next year’s gathering as well as the guests who will be attending with us next year!!! Yes, I screamed along with everyone else when we saw who it was. Welcome to Fraser’s Ridge 2020!!!! Annette Badland (Mrs. Fitz), Gary Lewis (Colum Mackenzie), and Graham McTavish (Dougal Mackenzie)!!!! How are we supposed to sleep after this? Much less wait for next October to hurry and get here?
Sunday, time to pack up and check out of our cabin. No, I did not want to. We closed out our time at the Homecoming listening to Capt. Robert K. Rambo (U.S. Military, Ret.) portraying Attakullakulla, Peace Chief and First Beloved Man of the Cherokee from 1761 to 1775. WOW, just WOW! I don’t know what else I could even say.
After all the goodbyes and see ya laters to our new found friends, it was time to head back to our time and to life off the Ridge. I can’t begin to thank Beth and her crew enough for all of the time they spent planning and getting everything together and ready for us. I was right though, the devil in all the details sure was beat up one side and down the other. How will they possibly outdo this year? I have no clue, but I have no doubt they will!”
Debbie, thank you so much for recapping your weekend with us at Leatherwood Mountain Resort! We can’t wait to be with you and your husband again next year!
Dates for next year’s Homecoming are October 8-11, 2020. The projected date for ticket sales to begin is February 1, 2020. This date gives us plenty of time to be sure that plans are finalized, and the big stuff is in place! We do know that the 71st NC Highlanders will be returning, as well as the Warriors of AniKituhwa. Our special guests next year include television series cast members Annette Badland, Graham McTavish, and Gary Lewis! Saying we’re already looking forward to next year is an understatement!
“It has long been the policy both of the Crown and of myself, Mr. Fraser, to encourage the settlement of land in the Colony of North Carolina by intelligent, industrious, and godly families, to the furtherance of the prosperity and security of all.” He lifted his cigar, took a deep lungful and exhaled slowly, pausing to cough. “To this end, sir, there is established a system of land grants whereby a large acreage may be given to a gentleman of means, who will undertake to persuade a number of emigrants to come and settle upon a part of it under his sponsorship. This policy has been blessed with success over the last thirty years; a good many Highlanders and families from the Isles of Scotland have been induced to come and take up residence here. Why, when I arrived, I was astonished to find the banks of the Cape Fear River quite thick with MacNeills, Buchanans, Grahams, and Campbells!” The Governor tasted his cigar again, but this time the barest nip; he was anxious to make his point. “Yet there remains a great deal of desirable land to be settled, further inland towards the mountains. It is somewhat remote, and yet, as you say, for men accustomed to the far reaches of the Scottish Highlands – “ “I did hear mentions of such grants, sir,” Jamie interrupted. “Yet is not the wording that persons holding such grants shall be white males, Protestant, and above thirty years of age? And this statement holds the force of law?” “That is the official wording of the Act, yes.” Mr. Tryon turned so that I saw him now in profile, tapping the ash from his cigar into a small porcelain bowl. The corner of his mouth was turned up in anticipation; the face of a fisherman who feels the first twitch on his line. “The offer is one of considerable interest,” Jamie said formally. “I must point out, however, that I am not a Protestant, nor are most of my kinsmen.” The Governor pursed his lips in deprecation, lifting one brow. “You are neither a Jew nor a Negro. I may speak as one gentleman to another, may I not? In all frankness, Mr. Fraser, there is the law, and then there is what is done.” He raised his glass with a small smile, setting the hook. “And I am convinced that you understand that as well as I do.” “Possibly better,” Jamie murmured, with a polite smile.
~Drums of Autumn, Chapter 7, “Great Prospects Fraught With Peril.” (Circa 1767)
These paragraphs from Drums of Autumn introduced a long-running source of conflict for the story by giving Governor Tryon a certain leverage over Jamie – if Jamie doesn’t toe the line with Tryon, will Tryon play the religion card, “expose” Jamie as a Catholic, and take his land away from him?
But how much weight does this threat really carry…and are the details historical fact, or historical fiction?
First, as a land grant is central to the story, let’s take a brief look at what a North Carolina land grant was. Although “land grant” is the term often used, the technical term was “land patent.” Land patents transferred vacant land from a granting authority to a private person. North Carolina patents did not convey “free” land; grants were for some kind of service to the colony, or for a required payment of fees. There were two land grant systems in North Carolina: one was headright patents, in which land was granted for the service of bringing settlers into the colony, with a certain number of acres granted per transported person. This system ended by 1754, before Jamie and Claire’s time in NC. The second was purchase patent, land in exchange for fees paid at every step in the process. By the mid-1750’s, this was the only kind of patent granted in North Carolina, and thus the kind of grant Jamie would have received if he were really here in the 1760s.(1)
A headright patent claim for Burlingham Rudd in 1748; 300 acres on Jones Creek in Bladen Co., NC. (photo from burlinghamrudd.blogspot.com)
A 1789 land grant for Joseph Conway in Greene County, NC.
Jamie reading through the land grant contract.
There were in fact a few, but not many, of enterprises such as Tryon describes: “…a large acreage may be given to a gentleman of means, who will undertake to persuade a number of emigrants to come and settle upon a part of it under his sponsorship.” These were a type of headright patent, as the stipulation was bringing in emigrants to populate the colony. Harry Merrens states in Colonial North Carolina in the Eighteenth Century, “Grants were generally small…A few persons did manage to obtain large quantities of land either for speculative purposes or for building up large estates. Extensive holdings of land were so rare that neither practice was common…”(2)
The most notable person who engaged in this rare land speculation in NC was Henry McCulloh, a London merchant and colonial official whose family roots were in Scotland. He received two grants in his own name of 60,000 and 72,000 acres, and a third under the names of two of his trustees for 1.2 million acres. The condition of these grants was that quitrents on the lands be paid, and that settlers be installed on the land (3):
“At a Council held at Wilmington [NC] the 24th day September 1741… His Excellency having informed the Board That it was His Majesty’s Pleasure signified in some of his Majesty’s Instructions to Mr. McCulloh, that for the future all persons taking up lands should be obliged to seat the same according to their rights, i.e. with the person in whose right the land shall be taken up; But that such as have already obtained Warrants, shall only be obliged within three years from the date of their respective Grants to put a white man on every Tract 1,000 acres or under And two on a tract of 2,000 or above a thousand…And that the Secretary draw up a proclamation to give publick notice thereof…His Excellency…took notice of the absolute necessity of encouraging white persons to settle in this Province particularly the back parts of the same…” (4)
Pamphlet by Henry McCulloh, which he wrote after returning to England, hoping to impress the King, and get another appointment to the Colonies. (from NCPedia)
Merrens calls McCulloh “the unrivaled leading speculator in North Carolina” and reports that he was “’hawking it [the land] about in small quantities thro’ all the back parts of the Province and quite thro’ America even to Boston’”(5) as well as transporting Ulster Scots and Swiss emigrants into the colony.
But what of the “Protestant” requirement? McCulloh’s petitions for his grants in the 1730s do include wording such as “…Praying for a Grant of Twelve hundred Thousand Acres of Land in North Carolina in Consideration of Settling 6000 Protestants…” (6) and “…praying for a Grant of Lands upon the heads of the Pedee Cape Fear and Neus Rivers in North Carolina, and proposing to make a Settlement thereon of six thousand Swiss Palatines and other Foreign Protestants within the space of Ten years from the Date of {the} Grant…” (7) Other earlier petitions have the same wording, such as a 1679 petition to the British Privy Council to transport “about 80 Protestant families to Carolina aboard the frigate Richmond” and a request from Normandy seeking “sanction and assistance in projected planting of about fourscore Foreign Protestant families, being skilled in the Manufactures of Silks, Oyles, Wines, etc. who are willing to settle in Carolina.” (8) What is the reason for this? The religious situation in Europe was one of many reasons for emigration during this period, especially the desire to seek freedom of worship. Speculators such as Henry McCulloh were aware of the need to transport Protestants – particularly Scots-Irish, Swiss, and Germans – to the colonies. And as the Crown needed settlers and revenue, this was a win-win situation for all involved. (9) Another consideration for the Crown may have been loyalty, as Protestants were less likely to have divided allegiances. The greater number of Protestant settlers in North Carolina led to the statement made by the real Governor Tryon in 1765 that “every sect of religion abounds here except Roman Catholicism.” (10)
What is important to realize is that these references to settlement of Protestants in North Carolina did not refer to land law. In fact, North Carolina, especially as compared to the other colonies, was liberal in regards to religion. While there certainly was anti-Catholic sentiment, the only specific discrimination against them in legal policy regarded holding public office, and instructions given to the Royal Governor in the 1730s to permit “a liberty of conscience to all persons (except papists).” (11) It is likely that such instructions fell under Governor Tryon’s assertion that “there is the law, and then there is what is done,” as many such instructions relating to the Church of England were never able to be enforced in North Carolina. In 1679, the instructions of the Lords Proprietors to the Governor of Albemarle County, NC stated, “You are to take notice that wee doe grant unto all free persons that doe come to plant in Carolina before the 25th day of December, 1684…sixty akers of land…” and makes no mention of religion. (12) And not all of the land speculators’ petitions included the “Protestant” wording – McCulloh’s proposal of 1735/6 mentions sending over workmen and “such people as I intend to send there from Europe” to North Carolina and does not mention religion. (13)
A far more important consideration to the Crown regarding land patents was, as with most enterprises, money. Much of the energy and focus of the government documents relating to land grants of the period revolve around revenue generated or, most notably, the lack thereof. Even money took a back seat at times to the pressing need to simply have people in the colonies; in 1715, by decree from London, even impoverished families that could not pay rent were not to be deprived of their land, and those that had been were to have their property restored. (14) Also, land grants were a clear title in fee simple; the owner could sell or devise land absolutely at his pleasure and without consultation with government officials. (15)
These questions having been discussed, what of the age requirement? The 1679 document mentioned earlier made the specific provision for “sixty akers of land” to any free person who was “above the age of sixteen yeares.” (16) North Carolina, being an English colony, followed English common law; under English law one could buy or be granted land at any age but could not sell it in his own name until he arrived at the age of 21. (17)
As this overview shows, populating the colony and generating revenue were important considerations to North Carolina officials of the colonial period. To purposely attempt to divest a settler of his land would run contrary to the goal and would in fact be illegal; to do this for religious reasons in a tolerant colony would be difficult if not impossible, and there was no legal age restriction on land ownership. Happily, were Jamie actually here in the 1760s, he would not have had these issues to worry about.
The case: Are the details historical fact, or historical fiction? Verdict: FICTION.
There you have it–straight from a North Carolina genealogist’s pen! Thanks, Traci, for this insight about land grants and the many different cultures that emigrated and settled here to make up this great state! Traci Thompson is a married mother of two who lives in eastern North Carolina, and is, of course, an avid Outlander fan. Traci is a Certified Genealogist and Local History & Genealogy Librarian. She is a contributing author for Outlander North Carolina.
Reference notes: 1 Margaret M. Hofmann, “Land Grants,” in Helen F.M. Leary, editor, North Carolina Research: Genealogy and Local History, 2nd edition (Raleigh, NC: North Carolina Genealogical Society, 1996), chapter 31. 2 Harry Roy Merrens, Colonial North Carolina in the Eighteenth Century: A Study in Historical Geography (Chapel Hill, NC: UNC Press, 1964), p. 25-26. 3 Mattie Russell, “McCulloh, Henry,” NCPedia (https://www.ncpedia.org/biography/mcculloh-henry : accessed 2019), citing William S. Powell, ed., The Dictionary of North Carolina Biography (Chapel Hill, NC: UNC Press, 1991.) 4 “Minutes of the North Carolina Governor’s Council, September 21, 1741 – September 29, 1741,” “Colonial and State Records of North Carolina,” Documenting the American South, University of North Carolina at Chapel Hill (https://docsouth.unc.edu/csr/index.php/document/csr04-0177 : accessed 2019); citing volume 4, p. 597-603 5 Merrens, Colonial North Carolina in the Eighteenth Century: A Study in Historical Geography, p. 26. 6 “Declaration by Murray Crymble and James Huey concerning their actions as agents for Henry McCulloh,” in “Colonial and State Records of North Carolina,” Documenting the American South, University of North Carolina at Chapel Hill (https://docsouth.unc.edu/csr/index.php/document/csr05-0289 : accessed 2019); citing volume 5, p. 769. 7 “Order of the Privy Council of Great Britain concerning Henry McCulloh’s land grants in North Carolina,” Great Britain, Privy Council, May 19, 1737, in “Colonial and State Records of North Carolina,” Documenting the American South, University of North Carolina at Chapel Hill (https://docsouth.unc.edu/csr/index.php/document/csr05-0289 : accessed 2019); citing volume 4, p. 253-254. 8 Finding aid to the British Records: Privy Council, citing Office Register, 21 April 1679-29 May 1680, Public Record Office, London, England, P.C. 2/68, North Carolina State Archives, Raleigh; digital images (https://files.nc.gov/dncrarchives/documents/files/ffa_br_privycouncil.pdf : accessed 2019). 9 Stewart E. Dunaway, Henry McCulloh & Son Henry Eustace McCulloh: 18th Century Entrepreneurs, Land Speculators of North Carolina (Lulu.com: Dunaway, 2014), p. 16. 10 Anne Russell & Marjorie Megivern, North Carolina Portraits of Faith: A Pictorial History of Religions (Norfolk, VA: The Donning Company, 1986), p. 136. 11 “Instructions to George Burrington concerning the government of North Carolina George II, King of Great Britain, 1683-1760; Great Britain. Board of Trade,” in “Colonial and State Records of North Carolina,” Documenting American South, University of North Carolina at Chapel Hill (https://docsouth.unc.edu/csr/index.php/document/csr03-0060 : accessed 2019); citing volume 3, p. 90-118. 12 “Instructions to the Governor of Albemarle County Carolina. Lords Proprietors. February 05, 1679,” in “Colonial and State Records of North Carolina,” Documenting the American South , University of North Carolina at Chapel Hill (https://docsouth.unc.edu/csr/index.php/document/csr01-0098: accessed 2019); citing volume 1, p. 235-239. 13 “Proposal by Henry McCulloh concerning his efforts to settle people in North Carolina,” in “Colonial and State Records of North Carolina,” Documenting the American South , University of North Carolina at Chapel Hill (https://docsouth.unc.edu/csr/index.php/document/csr05-0289 : accessed 2019); citing volume 4, p. 156. 14 David Southern and Louis P. Towles, “Land Grants and the Recruitment of Settlers to the Carolina Colony,” NCPedia (https://www.ncpedia.org/land-grants-part-3-land-grants-and : accessed 2019), citing William S. Powell, ed., Encyclopedia of North Carolina (Chapel Hill, NC: UNC Press, 2006.) 15 George Stevenson, “Foreword” (Raleigh, NC, June 1982) to Margaret M. Hofmann, Colony of North Carolina, 1735-1764, Abstracts of Land Patents Volume One (Weldon, NC: Roanoke News Company, 1982). 16 “Instructions to the Governor of Albemarle County. Carolina. Lords Proprietors. February 05, 1679,” in “Colonial and State Records of North Carolina,” Documenting the American South, University of North Carolina at Chapel Hill (https://docsouth.unc.edu/csr/index.php/document/csr01-0098 : accessed 2019); citing volume 1, p. 235-239. 17 Lee Albright & Helen F.M. Leary, “Strategy for Land Records,” p. 43, in Helen F.M. Leary, editor, North CarolinaResearch: Genealogy and Local History, 2nd edition (Raleigh, NC: North Carolina Genealogical Society, 1996), chapter 2, “Designing Research Strategies.”
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