Court Plea of John Nuckolls
Introduction
In
a Charleston Court of Common Pleas record (filed 15 Jan 1773, plea made 2 Feb
1773), Thomas Fletchall and John Mayfield were jointly sued in a plea of
trespass by a certain John Nuckolls. The
plea basically concerned John Mayfield's arrest of Nuckolls, John Mayfield being
a constable operating under the orders of the local magistrate (justice of the
peace), Thomas Fletchall. Nuckolls's
argument was that he had been apprehended in NC, where a warrant issued by a SC
magistrate had no legal standing.
It
would appear that Nichols was apprehended in that part of South Carolina which
SC historians refer to as the "New Acquisition Territory."
This area had previously been considered part of NC; however, in 1772,
the dividing line between NC and SC was finally surveyed as far as the Cherokee
Indian Line. The result was that much land previously thought to have been in NC
was found to be actually in SC. In
fact, the 300-acre tract of land on Brown's Creek, acquired by John Mayfield
from Jacob Brown in 1770, was also in this area, as Brown had obtained title to
the land by patent issued by the Province of North Carolina in 1754.
The Plea
The
following is a transcript of pertinent portions of John Nuckolls's plea in the
Court of Common Pleas:
South
Carolina
Ninety-Six
District to wit:
Thomas
Fletchall and John Mayfield were attached to answer John Nuckolls in a plea of
Trespass ... whereupon the said John Nuckolls by Henry Pendleton his attorney
complained that whereas the said John Nuckolls on the 15th day of March in the
year of our Lord one Thousand seven Hundred and seventy-two and for a long time
theretofore was living and residing within his Majesty's Province of North
Carolina and under the Authority, Power and Protection of the Laws, Statutes and
Customs of the same province and was always ready to answer and able to acquit
himself of all Accusations, Complaints and Prosecutions whatsoever that would be
made or promulgated within the said province ... said Thomas and John well
knowing the Premises and that the said John Nuckolls do live and reside within
the province of North Carolina ... Yet the Thomas, then being a Magistrate or
Justice of the Peace for the County of Craven and District of Ninety Six in the
said Province of South Carolina ... made out a ... warrant directed to the said
John Mayfield then being a Constable of the said County of Craven in the
District and Province aforesaid, requiring and commanding the said John Mayfield
to take into his safe custody and keeping the said John Nuckolls and to bring
him before the said Thomas then and there to answer certain Complaints preferred
against him ... the said Thomas who after detaining the said John Nuckolls a
long time in Custody and Confinement without any legal reason and Justification
for so doing; did oblige and compel the said John Nuckolls to enter into
recognizance for his appearance at Charleston at the next Court of General
Session of the Peace Oyez and Terminer ... to be held for the said Province of
South Carolina at Charleston ... said John was forced to attend at a very great
expense and trouble without being Convicted of any offense whatsoever ... The
said John Nuckolls saith he is greatly Injured and hath sustained Damages to the
amount of Five thousand Pounds Current money of the said Province and there upon
he bringth this Suit, etc.
/Signed/ Henry Pendleton,
Attorney for Plaintiff
The
following is the formal answer to Nuckolls's
plea as filed in court by the attorney of Fletchall and Mayfield,
Edward
Rutledge:
Fletchall
& Mayfield vs Nuckolls
And
the said Thomas Fletchall and John Mayfield by Edward Rutledge their attorney
came to defend the aforesaid ...
for they say that they are in nothing guilty of the trespasses above laid to
them in Charges as the said John Nuckolls above complains against them, and of
this they put the motion upon the County.
/Signed/ Edward
Rutledge