By Scott Syfert

Syfert is a corporate attorney at Moore & Van Allen in Charlotte. He is a co-founder of the May 20th Society, a non-profit dedicated to commemorating the Mecklenburg Declaration of Independence. His first book, The First Declaration of Independence?: The Disputed History of the Mecklenburg Declaration of Independence of May 20, 1775 was published in 2013.

The story of the Mecklenburg Declaration is one filled with controversy. Delivered to congress in the summer of 1775 by James Jack, also known as Captain Jack, the declaration stated Mecklenburg’s intention of going against British rule in favor of American independence.

The single biggest piece of evidence against the existence of the Mecklenburg Declaration of Independence – or put differently, the lack of evidence in its favor – is the fact that no original copy of the document exists. The original records were all lost in a fire at the home of John McKnitt Alexander in 1800. Skeptics of the story allege that without the original document the story is unprovable.

However, others argue that eyewitness testimony is enough to prove that the declaration did exist and the story is accurate. In 1829, the North Carolina General Assembly created a select committee to settle the controversy once and for all. The Committee reached out to witnesses in Mecklenburg and surrounding counties, even as far as Georgia and Tennessee for any surviving participants or observers from the meetings in May 1775, such as Captain Jack, General Joseph Graham and Major John Davidson. In 1831 they produced a 32- page report on their findings.

The eyewitness testimonies were compelling, and the witnesses themselves beyond reproach. Several were decorated veterans of the American Revolution and two were ordained Presbyterian ministers. The following gives some flavor of their testimony:

“When the members met, and were perfectly organized for business, a motion was made to declare ourselves independent of the Crown of Great Britain, which was carried by a large majority.” [John Davidson]"

“[O]n the 20th they again met, with a committee, under the direction of the Delegates, had formed several resolves, which were read, and which went to declare themselves, and the people of Mecklenburg county, Free and Independent of the King and Parliament of Great Britain.” [George Graham, William Hutchinson, Jonas Clark and Robert Robinson]"

For supporters of the story, the eyewitness testimony was conclusive. In addition, advocates point to the records of John McKnitt Alexander, which were found after his death. These fragmentary and rough notes, although undated and torn, communicate a clear picture of the events of May 19 – 20. For example:

"[A]fter a short conference about their suffering brethren besieged and suffering every hardship in Boston and the American Blood running in Lexington,” he wrote, “the Electrical fire flew into every breast,” and “by a solemn and awfull vote, [we] Dissolved (abjured) our allegiance to King George and the British Nation.”

“By the publication of these papers," concluded the Governor’s Report, “it will be fully verified, that as early as the month of May, 1775, a portion of the people of North Carolina … did, by a public and solemn act, declare the dissolution of the ties which bound them to the crown and people of Great Britain, and did establish an independent, though temporary government for their own control and direction.”

However, many skeptics dismissed the credibility of the witness testimony dismiss due to the fact that the accounts were made many decades after the fact, in some cases fifty years later. But what the skeptics lacked was a unifying theory that could account for the admittedly circumstantial but nonetheless concrete evidence that seemed to strongly suggest that something happened in Mecklenburg in late May 1775. 

The foundation for their case was unearthed in 1838 when a historian named Peter Force discovered a series of “resolves” from a Committee in Charlotte-Town, dated May 31, 1775. These became known as the “Mecklenburg Resolves” to differentiate them from the “Mecklenburg Declaration.” These Resolves became (and in fact remain) the key to the entire case for the skeptics of the story. According to their theory, the people of Charlotte passed the Mecklenburg Resolves on May 31, 1775 (which is unarguable, since they have been found), but these fall short of a declaration of independence.

According to this theory, when the witnesses gave their testimony in 1830, in their old age they conflated in their minds a true event (the Mecklenburg Resolves) with a fictitious one (the Mecklenburg Declaration). In short, the entire Mecklenburg Declaration story is simply a case of mistaken identity.

To this day, whether the Mecklenburg Resolves are a part of the overall story (as the believers suggest) or the “real” document itself remains the crux of the Mecklenburg declaration controversy. 

Sources

The Declaration of Independence by the Citizens of Mecklenburg County, published by the Governor under the authority and direction of the General Assembly of the State of North Carolina (“Governor’s Report”) (Raleigh, 1831), 27. An online version is maintained by the Charlotte Mecklenburg Public Library.

John McKnitt Alexander, “Rough Notes,” in the Mecklenburg Declaration of Independence Papers in the Southern Historical Collection at the University of North Carolina, Chapel Hill.

The preamble plus four resolves were from the Daily National Intelligencer (Washington, DC), December 18, 1838, 2. The text of the Resolves quoted in this chapter is from the original version of The South Carolina Gazette; and Country Journal of June 13, 1775 [No. 498] held in the collection of the Charleston Library Society, Charleston, SC.