HAMILTON C. McMlLLAN.

From Proceedings of the Annual Meeting of the North Carolina Bar Association, 1916

The subject of this sketch was born near Fayetteville, August 29, 1837, the only child of William and Ann Paterson McMillan. His early education was obtained in the neighborhood schools and under the tutorship of Rev. George Benton. He spent one’year at Trinity College, Hartford, Conn., after which he entered the University of North Carolina, graduating with the class of 1857 with the degrees of A. M. and A. B. After graduation he taught at Red Springs until the opening of the war when he volunteered in Company “F,” First North Carolina Infantry, reaching the field in time to participate in the battle of Bethel and remaining with his command to the day of Appomattox. He married, February 17, 1863, Elizabeth Gillespie Robeson, of Bladen County, and to this union seven children were born, five of whom survive, namely: Mary Eliza, Janie Robeson (Mrs. B. W. Townsend), John Robeson, Cornelia Spencer, and David Gillespie. His second son, William Graham McMillan, received an appointment to Annapolis but died shortly after graduation and the receipt of his commission as an officer in the navy. Mr. McMillan was licensed to practice law at June Term, 1868, and began the practice of his profession at Wadesboro. Later he returned to Red Springs, where he continued to teach and practice his profession. In 1885 and again in 1887 he represented Robeson County in the House of Representatives. He died at Red Springs, February 27, 1916, aged 78 years, continuing the practice of his profession to the time of his death.

Mr. McMillan had a decided taste for history and historical research. In early life, while teaching at Red Springs, he became deeply interested in that peculiar race of people popularly known as “Croatan Indians,” a name so firmly established and so closely associated with Robeson County that more than mere legislation will be required to accomplish a change. This change has, however, been attempted, and these Indians by the act of 1911 were officially designated as “Indians of Robeson County,” being further officially designated by the act of 1913 as “Cherokee Indians of Robeson County.” See Coins vs. Trustees Indian Training School, 169 N. C., 736. From 1783 to 1835 these people had the right to vote, encouraged schools and built churches, but by the convention of 1835 the franchise was denied to all “free persons of color” and to effect political purposes, it was contended by both parties that the Croatans came under this category. The convention of 1868 removed this ban, but as they had so long been classed as “free persons of color” they were required to attend the negro schools. This they steadily refused to do, preferring that their children should grow up in ignorance, for they hold the negro in the utmost contempt. Under these conditions the tribe naturally degenerated and the term “Croatan Indian” became a term of contempt, the entire tribe being associated in the public eye with the exploits of Henry Berry Lowrie and his gang of outlaws that overran and terrified the Cape Fear country soon after the war.

This was the situation when Mr. McMillan became a member of the Legislature in 1885. Realizing the conditions surrounding these people and determining to save the race, he caused the enactment of legislation which was the source of all the progress made by these people since that time. Acts drafted by him and passed at his instance gave these people their own separate school system, controlled by school corn- mitteemen of their own race; they were officially recognized as “Croatan Indians” and intermarriage with negroes was forbidden. When Mr. McMillan was returned to the Legislature, in 1887, he caused the passage of the act under which was established the Indian Normal School, located at Pembroke, from which have gone forth the teachers and leaders of the race. This school has since passed under control of the State Board of Education and is supported largely by the State. In his well-known work on North Carolina Indians, Mr. Stephen B. Weeks gives Mr. McMillan full credit for his great work for the uplift of these people.

Becoming thus interested in these Indians, living upon the very border of their large settlement, and having through his efforts in their behalf broken down the wall of reserve with which these people surround themselves, and having gained their friendship and confidence, Mr. McMillan devoted himself to an investigation of their history and the source from whence this peculiar people sprang. As the result of tedious and laborious effort, he became thoroughly satisfied that the colony was descended from Sir Walter Raleigh’s lost colony and about 1885 he published a brochure containing a wealth of most interesting and readable historical data, which has been widely circulated and accepted by scholars as containing the true and correct history of this tribe. He may be truly said to be the greatest benefactor this strange and mysterious race ever had and by them his name is and ever will be held in high veneration. A movement is now on foot among them to erect a monument in commemoration of the great services rendered them by Mr. McMillan.

While Mr. McMillan was a man of large native gifts, he shunned publicity and preferred to spend his life in the quietude of a country village than in the conflicts of the court room. He was, therefore, known rather as an adviser than as an advocate; as an adjuster of disputes than as a trier of causes. His kindly disposition would not permit him to allow his clients to engage in litigation if it could honorably be avoided, and if a contest could not be avoided, he usually associated other counsel with him for the work of the court room. The Scotch are famed for their love of land and the tenacity with which they hold that which they have a deed for. Mr. McMillan’s taste for family history and research caused him to love the work of investigating titles to land, and he had a more extensive knowledge of land titles than other man in the county. He knew every title in his y, and being a practical surveyor as well, was often upon as arbitrator and arbiter of land litigation. Thus his days spent quietly in the service of his community, in which no man was held in higher estimation or esteem.

One who would know the life of Hamilton McMillan should become imbued with the spirit of Grey’s “Elegy.” He lived his life quietly; a man of kindness and of charity; a sweet- tempered, large hearted, Christian Southern gentleman, whose delight was to be of some service to his fellows; who allowed no day to pass without some act of kindness or friendship at his hands to be performed. He was of a different generation, a generation fast passing away, whose like we shall see no more—a Gentleman of the Old South.

R. C. Lawrence.