Gideon Gibson, Patriot,
helped To Bring courts to Backcountry
Did you ever hear the story
of Gideon Gibson of Mars Bluff and how the first circuit courts were
established in South Carolina? It's an old story which dates back
before the war of the Revolutioh when this was a part of the South
Carolina backcountry and when all the colonies were subjects of the
British crown.
The year was 1750 and the
only court of civil and criminal jurisdiction was in Charleston, except
the courts of justices of the peace which had jurisdiction only in
civil casws as high as 20 pounds current money. The result eas a
great handicap upon the people wo lived some distance from charleston,
as did the people of this or any other section of the Pee Dee.
roads and ferries were few, and even short distances were therefore
extremely great. According to Bishop Gregg in his HISTORY OF THE
OLD CHERAWS the people were "worn out by the law's delays, insulted by
the insolence of office and ruined by costs and expenses most
unreasonably incurred and cruelly exacted."
But that wasn't the greatest
evil. Because the Court of Justice was too far away to carry
small offenders to it, petty disorder became common place and a scourge
to decent, law-abiding citizens.
Under these conditions the
South Carolina Regulators, similar to the Red Shirts of a leter day,
came into being and Gideon Gibson of mars Bluff was one of the foremost
of them.
In the year 1752, the
inhabitants of the Pee Dee about the mouth of Lynches Creek filed a
petition, stating that they had to trael about 200 miles to the seat of
government, that trade and commerce among them were greatly obstructed
for want of a county court to hear and determne all causes, civil
as well as criminal;' that the frontier tis same back country, had
become a dwelling place of many evil disposed persons, such as horse
thieves and other felons who had excaped from North Carolina and other
parts, others cohabitating with their neighbors wives and living
in a most lascivious manner, while they had no means to suppress
them. They requested that an act be passed dividing Craven County
which included all this section of South Carolina, and that their
section, which by their won description woul dhave included what is no
Florence County, be established as a distinct county with 12 or more
justices authorized to hear and determine all cases without fee or
reward.
But they didn't get their
county. The committee named by the council to consider the matter ruled
that since there were no fit towns for the establishment of a seat of
county government in the territory indicated, no such county should be
established but that instead a court should be established at
Georgetown for the greater convenience of the people. The court
at Georgetown was, however, not established and the inconvenineces to
the people of the back country continued. For nearly half a
century this condition prefailed. the Regulators organization was
composed of a high type of citizen. Their aim was to suppress the
distrubers of the peace by promising speedy punishment to them.
They had asked for the establishment of a court and had been
refused. They now sought the regulation of their difficulties by
this armed organization called the Regulators. The governmant, of
course, sought to suppress them.
Again in 1767 a petition wen
tfrom the upper and interior parts of Craven County to the government
for a redress of grievances. And still again in 1768, another
petition went citin gthe grievances of the people and urgently
requestion that the government give to them the consideration and
ocnform to the wishes of the people for a court nearer thatn the
distant charleston. The request was summarily disposed of by the
Council, to use thier own words, "after mature deliberation, by
determining that i woul dnot be necessary to take any notice of the
same>"
It was here that Gideon
Gibson stepped into the picture. In less than a month after the
final rejection of the petition by the Council, Gibson had advanced a
type of argument the government could not ignore. He was a man of
property and influence whos home was near Mars Bluff. He was a
man oalso of fierce determination, an acknowledged leader of the people
who was "lod as he was intent upon vindicatin the rights of the
people." A magistrate by the name of Weaver; issued a warrant of
distress to execute on the chattels of some of the Regulators, and a
constable, George Thompson, called in 13 other ment to assist
him. gideon Gibson arose to meet the challenge. He was the
leaer of the Regulators, and he and his band met the constable's party
near Mars Bluff in a pitche dbattle. One of the constable's men
was killed and Gibson's brother was wounded.
The givernment was
alarmed. Gideon Gibson had made more impression upon the
hard-headed government heads in charleston than had the tetitions
signed by may of the people. He had attacked the problem direc,
with the supporting power of gunpowder. The goverment did not
unerstand, and;' didn't try to understand tha tthe Regulators were men
of fierce patriotism, law abiding, fiar minded citizens who had taken
arms only after they had exhausted all means of getting much needed
relief by peaceful methods. An order was issued that they dispers
and return to their homes, promisihng "His Majesty's gracious pardon
for the misdemeanors cimmitted, excepting thos person concerned in the
outrages and daring violenced committed by Gideon Gibson and other upon
George Thompson, a lawful constable."
In the meantime, Governor
William Bull sent a Colonel Powell, who belonged othe Pee Dee Regiment
of His Majesty's militia to Mars Bluff, they found 15 men of Captain
Weaber's company, and the day following they were reinforced by 20
others. But they heard distrubing things from the people around
Mars Bluff. Gibson, they were told, was gurardeed by a large
company of men, and if he'd just speak the word, he could easily get
300 more within an hour's time. As colonel Powell listened to
these reports from the peple of Mars Bluff, he say the need for more
reinforcements, and so he sent orders ti five company captains to join
him at Mars Bluff with 20 men from each of their companies to assist in
taking Gideon Gibson.
In the meantime, colonel
Powell had been told that Gibson would surrender himself, so Powell
sent a letter to Gibson invitin ghim to meet with him in the woods
where they might be alone and talk th ematter over. The meeting
day was Sunday and for an hour and a half the two men talked and
reasoned together. Powell knew he had the power of the government
behind him, wile Gibson knew that behind him wa sthe power of right and
the people. the outcome of the conference was a promise from
Gibson that on the next day at 8 o'clock; he would surrender himslef at
an appointed place to Mr. Pinckney, the provost marshal. When the time
for his surrender came, Gibson was not there . Instead, he had
sent a latter which explained that since the agreement made on the
previous day, he had altered his deciosion and would not surrender.
The 100 reinforcements Powell
had ordered from the five companies ha dnot arrived and Powell was
becoming anxious. But by noon they did arrive and drew themselves
up about a half mile from the home of Captain Weaver. Colonel Powell
and Provost Marshal Pinckney went immediately to meet them, but upon
their arrival they found instead of 100 men as requested, about
300 or more.
Colonel Powell stood before
them and immediatley began declaring what was ecpected of them,
gibson was to be taken, dead or alive. His followers, the Pee De
Regulators who had defied the government, were to be destroyed.
resistance to the government must come to an end. His Majesty had
proclaimed it, and he read the proclamation in their hearing.
Powell was their commanding
officer and had a right to expect obedience of them, but th emen had
their own speech to make. Gideon Gibson, they said, was one of
them and had sought their protection, and protect him they would.
they began a recitation of the vils t owhich the absence of county
courts had subjected them. Here were a people owho understood the
meaning of justice defying a government which refused that
justice. In the subsequent fight for independence, many a brave
act was to take place within thedeep shadows of Pee Dee swamps, but
there in the woods in the Mars Bluff community during the days prior to
the revolution, were sons of the Pee Dee committing a act comparable in
courage to anything that Marion and his men did during the days of the
Revolution itself.
While a commanding officer
has a command which will not take orders from him, he must either
exercise severe discipline or remove himself from the command.
the fomrer Colonel Powell was in no position to do the first, so he
chose the latter. "I cannot with any propriety," he wrote the
governoer, "continue to be colonel of a regiment of militia amongst
whom I hav e the mortification to find myself of so little weight
as not to have been able to persuade them to do the duty they owe to
their King and Country."
And so, Gideon Gibson,
patriot of the Pee Dee, came forth from his hiding into the hands of
his friends, and Colonel Powell, the commanding officer of the militia,
was powerless to get the militia to lay hands upon him.
Less than one year later, the
bill for the establishment of the circuit courts became law, and the
people of the Pee Dee no longer had to go to Charleston to get their
grievances settled ina court of justice.
And that's the story of
Gideon Gibson, a Pee Dee patriot, of colonial days, and how the circuit
courts came to the south Carolina backcountry.
Note; Material for this story
was found in Gregg's HISTORY OF THE OLD CHERAWS and in a paper prepared
by Miss Nellie Bristow of Florence and appearing in the Florence
Morning News under date of June 19, 1938.
24th July 1768, A Petition,
of William White, was presented to the house, and Read in the words
following (viz) That on the 24th day of July 1768, your Petitioner was
summoned by George Thompson, Sergeant of the Company of Militia, to
which your Petitioner belongs, to assist him, who was also a Constable,
in serving a warrant of Robert Weaver Esquire for relieving Joseph
Holland, Lieutenant of the said Company of Militia, who was taken and
forceable confined by a number of disorderly People. That he being
ready and desirous to shew his affection for the Laws and Liberties of
his Country, did meet at the place appointed by the said Sergeant, and
did on the next day, march under his Command towards the house where
Mr. Holland was confined, near which they were met by a great number of
People of different Colors (viz) Whites, Blacks and Mulattoes, who
formed two Lines, into which as soon as the Constable and four men had
entered, the rioters immediately surrounded, and knocked them down.
That when this was done, one
of the chief of the Rioters, Gideon Gibson, called shoot down Billey
White, for I have got Reubin, and if you kill Billey we will manage the
rest easy enough. Your Petitioner finding several armed Men surrounding
him, drew his Cutlass, desired them to keep off, and endeavoured to
defend himself, but was soon knocked down. That by his Fathers help
(James Taylor White - EC), he got up, and tried to get his Father away,
but in a very little time, the latter being again knocked down, he
turned to his assistance, when several Guns were discharged at your
Petitioner, a Ball from one of which passed thro the skin of his Hip,
and a second entered the Bone of his right arm, about five Inches above
the Elbow, and going along the said Bone, came out a little below his
Elbow, totally shattered and destroyed the bone of his said arm. That
your petitioner finding himself thus disabled, either to help his
Father or himself, endeavoured to make his Escape, but after running a
little way, fainted and fell; after some time recovering, he found
several of the Rioters about him one of which said shot him thro' the
Head at once; but another replied, no Damn him he can't live long, let
him feel himself Die.
That they carried him into
the house, and threw him on the Floor, where he lay weltering in his
own blood; when after having whipped his brother and others of the
Party whom they had taken, they permitted your Petitioners Brother to
take him away. That your Petitioner by this Melancholy accident, hath
not only lost the use of his right arm, but finds his Constitution
greatly weakened and impaired by the great quantity of Blood which he
lost. That your Petitioner is by Trade a Cooper, and did usually earn
thirty shillings per day, by working at the Trade, by which he was
enabled to support his large Family, consisting of his wife and eight
young Children, besides three poor Orphans, Relatives of his wife, who
have not any other Person to take care of them. But that by loss of his
arm, he is not only totally disabled from working at his Trade, but
also in a very great measure to do anything in the Planting business.
Your Petitioner therefore humbly Prays your Honors to take his
Malancholy case into Consideration, and to grant him the Annuity
allowed by the Militia Act, to such as are maimed and disabled in the
Public Service,
Charlestown, (S. Carolina)
August 16
(News Article)
Date: 1768-10-13;
Paper: New-York Journal
Charlestown (S Carolina)
August 16th
" The outrageous opposition
lately offered to the Civil authority near Mars Bluff, on Pedee River,
being at present a general subject of con- versation, and by many
attributed to the People called Regulators, it may not be amiss to lay
before the public the following information, viz. : That there are two
parties so called, and the proceedings of the one frequently con-
founded with those of the other. That the first (called the Honest.
party) consists in general of people of good prin- Council Journal,"
No. 34, pp. 208-211. f It should rather have been " North Eastern," Ac.
HISTORY OF THE OLD CHERAWS. 145 ciples and property, who have assembled
chiefly about the Congarees, the Ridge, &c., professedly with the
view of driving all horse thieves, with their harbourers, abettors, and
other vagabonds, from amongst them; and that the other (called the
Rogues' party) are a gang of banditti, a numerous collection of outcast
Mulattoes, Mustees, Free Negroes, &c., all horse thieves from the
borders of Virginia and other Northern Colonies (the very people whom
the Regulators would have expelled the Province, or brought to
Justice), and have taken up arms to carry on their villainy with
impunity. The last accounts we have received of both are, That the
former, on the 16 th past, took up one Charles Sparks, of infamous
character, on Pedee, and ordered him to receive 500 lashes and quit the
Province : and of the latter, that an armed company of them, headed by
one Gideon Gibson, on the 25 th past, near Mars-bluff, surrounded a
Constable and 12 men, who were sent to bring one of the villains before
a magistrate, and after a smart skirmish, wherein two of the
Constable's party were mortally wounded, and one shot through the
shoulder, took the rest Prisoners, whom he discharged, after ordering
them 50 lashes each. In the skirmish, Gibson had one of his sons
killed, and another wounded in the neck. Proper measures are taken to
bring the principals of this desperate Gang to Justice.
New York Journal
September 15, 1768
Charlestown, (S Carolina)
August 19th
On Saturday the 6th Inst. his
Honour the Leiut. Governor, by and with the advice of his Majesty's
hounourabl ecouncil, issued a Proclamation, wherein, after reciting
that of the 3d inst. and setting forth, that it had been represented
and appeared to his Houour, that very many Person concerned in the acts
of Violence, committed in the Northern Parts of this Province, had been
unwarily drawn in and provoked thereto, by the great and repeated
Losses they had sustained from Gangs of Robbers and Banditti,
confederated in numerous Bodies; all Persons, unlawfull assembled, are
strictly commanded to disperse and repair peacably to thier respective
Houses and Occupationos; the, and all others, are also firbidden
thereafter to assemble again , at their utmost Peril. The
Proclamaton concludes with a promise, for all such as shall forthwith
pay a due obedience thereto of his Majesty's most gracious Pardon, for
all Misdemeanours by them committed, prevous to the 6th Day of August
Inst in unlawfull assembling, Whipping or confining an Person or
Persons, as set forth in the Proclamation of the 3d, excepting to
Gideon Gibson and others who attacked a Constable and hi Party in the
actual Execution of a legal Warrant, ner Marr's Bluff the 25th Ult.--
It is with Pleasure we lear, that this lenient and human Measure is
likely to produce the desired Effect.
Date: October 13, 1768
Location: New York
Paper: New-York Journal
On the 22nd August, the
Gazette said : " We are sorry that we cannot have the pleasure of
informing the public, that either of the Proclamations issued by his
Honor the Lieu* Gov r on the 3 rd and 6 th insta , are likely to
produce the desired effects; Gideon Gibson declining to surrender on
any terms; having put himself under the protection of people that do
not at present seem disposed to give him up. This man's character, we
are told, always stood fair, till he lately became the tool of a Party,
who committed the outrages near Mars-bluff, mentioned in our last."