USA > North Carolina > Historical sketches of North Carolina : from 1584 to 1851, Vol. I > Part 15
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tive of facts accompanied and supported by authentic papers.
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"We assure you that neither disloyalty to the best of kings, nor disaffection to the wholesomest constitution, nor yet dissatisfaction to the Legislature, gave rise to these commotions which now make so much noise throughout the province. After you have perused this paper and the concomitant proofs, you will easily perceive that those disturbances had their source in the cor- rupt and arbitrary practices of nefarious and designing men, who, being put into offices of profit and credit among us, and not being satisfied with the loyal benefits which arose from the execution of their offices, have been using every artifice, practicing every fraud, and, where these failed, threats and menaces were not spared, whereby to squeeze and extort from the wretched poor, who, as Col. Fanning observes in his petition (if 'tis his), with their utmost efforts, can scarcely gain a wretched subsistence for themselves and families. How grievous, judge you, dear sirs, must it be for such wretches to have their substance taken from them by those monsters of equity, whose study it is to plunder and oppress them.
"In the year 1766 there was general discontent in the countenances of the people, and grievous murmurings ensuing. The popular voice gave out that the demands of the court officers for fees of every kind were exorbitant, oppressive, and extra legal.» .
" In order to prevent such frands, if real, or to give our officers an oppor- tunity to still those clamors by disproving them entirely, we drew up paper No. 1. (This was the paper read in court, August, 1766.) Mr. Loyd, the member of the General Assembly, promised to give a hearing, and approved of the course.
"In expectation of a meeting and of a satisfactory settlement, a meeting was held at Mr. Maddock's mill, on Enoe River.
" Col. Fanning was invited to attend, but refused, sending them word that he objected to the term 'judiciously,' in their resolves, as implying that they had a jurisdiction over him ; and that 'he could not brook the mean- ness of being summoned to a mill.' To both of which frivolous objections we replied 'that as' to the term in question, we were no critics on words, but we meant no more by it than wisefully, carefully, and soberly to exa- mine the matter in hand; that with respect to the court-house, we had no right to appoint a convention there, but to the mill we had, having first obtained the owner's leave to that purpose.' The petition proceeds-' The sheriffs now grew very arbitrary, insulting the populace, making such dis- tresses as seldom ever known, double, treble, nay, even quadruple the value of the tax was frequently distrained, and such seizures hurried away to Hillsborough.' One of the Regulators going to Hillsborough on some pri- vate business had his mare seized for his levy. This mare was rescued by the Regulators, and after expressing their regrets and apologies, the petition proceeds : that 'Monday morning, 2d May, we were alarmed at the astonish- ing news that Col. Fanning, at the head of twenty-seven armed men, consist- ing of sheriffs, bombs, tavern-keepers, and officers, after travelling all night, arrived at break of day at Sandy Creek, and made prisoners of Mr. Herman Husbands and Mr. William Butler, the former a gentleman that had never joined the Regulators, and was never concerned in any tumult." This con- duct of Col. Fanning alarmed the whole country. None now were safe, whether active, passive, or neutral.
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ALAMANCE COUNTY.
"The very day Col. Fanning set off for Sandy Creek, he directed letters to three of the Regulators, inviting them to Hillsborough, and promising all imaginary satisfaction, one of which he directed to Jacob Fudge.
" We have now stated, without reserve or disguise, our whole proceedings in this affair, having concealed nothing, whether for us or against us; and, as you are chosen by the contending parties to arbitrate the difference, and we on our parts are fully determined to abide by your decision, we humbly hope naked truth and native ignorance will poise the superexcellent flourishes and consummate declamation of our powerful adversary ; and, relying on your benignity and justice, we humbly beg leave to subscribe ourselves your poor oppressed suppliants, and very humble servants.
John Low, John Marshall,
James Hunter, William Cox,
Rednap Howell, William Moffitt,
Harmon Cox, George Hendry.
"To His Excellency, Wm. Tryon, Esq., our Governor, and to the Hon. the members of His Majesty's Council for the Province of North Carolina."
The Governor's Answer.
" 21st June, 1768.
The Governor's answer to the address of the inhabitants on the south side of Haw River, in Orange County.
"Gentlemen-I have received, by the hands of Messrs. Hunter and Powell, a petition and other papers, subscribed by several of the inhabitants on the south side of Haw River, in the County of Orange, under the borrowed title of Regulators, assuming to themselves powers and authorities unknown to the constitution, of calling public officers to a settlement, and a detail of the grievances and complaints against the Clerk of the Court, Register, and other public officers, whose exactions and oppressions, it is pretended, are the cause of the late: insurrections which have disturbed the peace of that part of the country. These papers, agreeably to your desire, I have com- municated to the members of His Majesty's Council, who, having taken the same into their deliberate consideration, unanimously concur with me in opinion that the grievances complained of by no means warrant the extraor- dinary steps you have taken in assembling yourselves together in arms, to the obstruction of the courts of justice, to the insult of the public officers of the government in the execution, of their offices, and to the injury of private
* * property." ** * * *
" The discreet and steady behavior of Col. Fanning, and the officers and men under his command, meet not only with the entire approbation of my- self, and His Majesty's Council, but will be acknowledged with gratitude by every unprejudiced well-wisher to this province.
" In consideration of a determination to abide my decision in council, it is my direction by advice of the Board, that you do, from henceforward, desist from any further meetings, either by verbal appointment or advertisement ; that all titles of Regulators or Associations cease among you ; that the sheriff's and other officers are permitted to execute the duties of their respective offices."
Regulators to Governor Tryon. "August, 1768. "May it please your Excellency :-
" In your 'Excellency's, gracious answer to our petition, &c., by Messrs. Hunter and Howell, you were pleased to inform us that you had laid our papers before the Hon. the members of His Majesty's Council, for which we * return you our sincere and hearty thanks." *
" Your gracious promise of settling, on your arrival at Hillsborough, a pro- clamation forbidding all officers the taking or even demanding exorbitant fees, on pain of your severe displeasure, gave us some encouragement and hopes of redress. But when we were assured the Register had, in open vio-
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HISTORY OF NORTH CAROLINA.
lence thereof taken nine shillings and four pence, expressly contrary to law, for recording deeds, our hopes vanished. Fearing that your orders to the Attorney-General may be as little regarded, and that a poor man will get no real redress, for your excellency may easily perceive how little regard these men pay to your injunctions, how little they dread your displeasure. Par- don us, therefore, great sir, when we tell you, in the anguish of our souls, we, cannot, dare not, go to law, as we are sure that step, whenever taken, will terminate to the ruin of ourselves and families.
" Seeing, therefore, that the Sons of Zeruiah are like to prove too hard for your excellency, as well as for us, we have come to the resolution to petition the Lower House, as the other branch of the Legislature, in order to strengthen your excellency's hands, that by the concurrence and timely aid of that re- spectable body, you may be enabled to curb the insolence and avarice of these overgrown members of the commonwealth.
"Your excellency is pleased to observe that, hope again to be made happy on seeing a spirit of industry prevailing among us over faction and discon- tent. Great sir ! all that know us, can bear witness for us, that, while we had anything we could call our own, few people on earth were more industrious ; but, alas, since the iron hand of tyranny has displayed its baneful influences over us with impunity, how has dejection, indifference, and melancholy, and chagrin diffusively spread themselves far and wide among us; and, unless some propitious being inform either of your excellency's, our assembly, or both, graciously condescend to use your united efforts to extricate us out of our present misery, and secure us our rights and property, the sullenness and gloom with which we are already seized, will sink deep upon our intellects, and general disregard to everything below ensue as a consequence thereof ; nor shall we strive any more than barely to keep then, our tottering frames from falling to pieces, until death, in compassion of our sufferings, and in commiseration of our wrongs, shall kindly appear in shape of a halter, bullet, sword, or perhaps in his natural shape, and remove us from this spot of dirt, about which, and its products, there is so much contention and animosity. Till when, and at all times hereafter, may your excellency's por- tion be as the dew of Heaven and the fat things of earth, ardently wish, sincerely pray, your excellency's devoted humble servants.
"Signed, Francis Dorset, Richard Cheek,
Wm. Paine, (a Dutchman,)
Peter Craven, Charles Saxon,
Jacob Fudge, Ninian Bell Hamilton."
PAPERS relating to Carolina, vol. i., 189 .*
REGULATORS.
Deposition of Ralph McNair.
"9th Oct., 1770.
" That, on the 24th of April, 1770, he saw among the Regulators in Hills- boro', Herman Husbands, James Hunter, Wm. Butler, Ninian Bell Hamilton, Jeremiah Fields, Matthew Hamilton, Ely Branson, Peter Craven, Jno. Truit, Abraham Teague, and Samuel Parks. That the Regulators were armed with cudgels and cowskin whips, wherewith they struck John Williams, Esq., an attorney, and attempted to strike Judge Henderson, while in the act of mode- rating their fury.
" That he saw them beating and pursuing Colonel Fanning till he took re- fuge in a store, which they assaulted with stones and brickbats ; that Judge Henderson made his escape the same night, though the court was only adjourned till. next day ; that, being exasperated thereat; they, on the 25th, destroyed the house of Colonel Fanning."
" ROBERT LYTLE swore that he heard the Regulators, on the 25th of Septem- ber, 1770, drink damnation to King George, and success to the Pretender."
JUDGE HENDERSON wrote to Governor Tryon on the 29th of September, 1770
* From Archives of Board of Trade, in London.
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ALAMANCE COUNTY.
" that, upon opening court on the 25th of September, the Regulators filled the house ; they said they had come to have justice done ; they demanded that their cases be tried ; that, at a former court, injustice had been done in choos- ing jurors. They insisted that the court should proceed to do business, but that no lawyer, save the king's attorney, should be admitted. This being re- fused, they conducted the judge home with great parade. But, in the even- ing, he made his escape. A party of them fell upon lawyer Williams and Fanning, in a most furious manner. About one hundred and fifty began the riot; they afterwards increased. They left Hillsboro' on Wednesday night."
Deposition of Waightstill Avery. " 8th March, 1771.
" Deposeth that he fell in with the Regulators at the Yadkin Ferry, and was carried to their camp in the woods. That he had heard them uttering many opprobrious speeches against the Governor, Assembly, judges, and others in office. Hamilton said to the listening crowd->
" What business has Maurice Moore to be a judge ? He was no judge ; he was not appointed by the king. He, nor Henderson neither. That the Assembly had gone and made a riotous act, that enraged the people more than ever. It was the best thing that could be done for the country, for now we shall be forced to kill all the clerks and lawyers. And I'll be damned, if they are not all put to death ! If they had not made that act, we might have suffered some to live. A riotous act! There never was such an act in the laws of England, or in any other country but France ! and they'll bring the Inqui- sition next.
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."Many of them said that the Governor was a friend to the lawyers. The lawyers carry on everything. There should be no lawyers in the province.
" When Captain Rutherford was parading his company in Salisbury, some of them proposed to march in and fight them, saying, we will kill them. The insurgents said that the Assembly had imprisoned Husbands to prevent him from seeing their roguish tricks."
Petition of the Inhabitants of Orange County, to Governor Tryon .*
" 15th May, 1771.+
" To His Excellency, William Tryon, Esq., His Majesty's Governor, in Chief in and over the Province of North Carolina.
"The petition of us, the inhabitants of Orange County, humbly showeth :--
"First-That we have often been informed of late, that your excellency is determined not to lend a kind ear to the just complaints of the people in re- gard to having roguish officers discarded, and others more honest propagated in their stead, and sheriffs and other officers in power, who have abused the trust reposed in them, to be brought to a clear, candid, and impartial account of their past conduct, and other grievances of the like nature, we have long labored under without any apparent hope of redress.
. "Secondly-That your Excellency is determined on taking the lives of many of the inhabitants of this county, and others adjacent to it, which persons, being nominated in the advertisement, we know them to be men of the most remarkable honest characters of any in our country. These aspersions, though daily confirmed to us, yet scarcely gains credit with the more polite amongst us ; still, being so often confirmed, we cannot help having some small jealous- ie's abounding among us. In order, therefore, to remove them, we would heartily implore your Excellency, that of your clemency, you would so far indulge us, as to let us know by a kind answer to this petition, whether your Excellency will lend an impartial ear to our petition, or no, which if we can be assured of, we will with joy embrace so favorable an opportunity of lay- ing before your Excellency a full detail of all our grievances, and remain in
* From State Paper Office, London. Am. and W. I., vol. 200.
+ Next before the battle.
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HISTORY OF NORTH CAROLINA.
full hopes and confidence of being redressed by your Excellency, in each and every one of them, as far as lies in your power; which happy change would yield such alacrity, and promulgate such harmony in poor pensive North Caro- lina, that the presaged tragedy of the warlike troops, marching with ardor to meet each other, may by the happy conduct of our leaders on each side be pre- vented. The interest of a whole province, and the lives of his Majesty's sub- jects are not toys or matters to be trifled with. Many of our common people are mightily infatuated with the horrid alarms we have heard; but we still hope they have been wrong represented.
" The chief purport of the small petition being to know whether your excel- lency will hear our petition or no. We hope for a speedy and candid answer. In the meantime your humble petitioners shall remain in full hopes and con- fidence of having a kind answer.
"And as in duty bound, shall ever pray.
"Signed, in behalf of the county, by John Williams, Joseph Scott,
Samuel Low, Samuel Clark."
James Wilson,
" Delivered to his Excellency at Alamance Camp, the 15th day of May, 1771, at six o'clock in the evening."
Governor Tryon's Reply.
"GREAT ALAMANCE CAMP, May 16th, 1771.
." In reply to your petition, I am to acquaint you, that I have ever been atten- tive to the interest of this country; and to that of every individual residing within it. I lament the fatal necessity to which you have now reduced me by withdrawing yourselves from the mercy of the crown and the laws of your country, to require you who are assembled as Regulators, to lay down your arms, surrender up the outlawed ringleaders, and submit yourselves to the laws of your country, and then rest on the lenity and mercy of the govern- ment.
"By accepting these terms in one hour from the delivery of this dispatch you will prevent an effusion of blood, as you are at this time in a state of war and rebellion, against your king, your country, and your laws.
"WM. TRYON.
" To the people now assembled in arms, who style themselves Regulators."
Governor Tryon's Official Report to his Government of the Battle of Alamance.
" GREAT ALAMANCE CAMP,
May 18th, 1771.
"MY LORD :- I have the happiness to inform your Lordship, that it has pleased God to bless his Majesty's arms in this province with signal victory over the Regulators.
"The action began before twelve o'clock, on Thursday the 16th instant, five miles to the westward of Great Alamance River, on the road leading from Hillsborough to Salisbury.
"The loss of our army killed, wounded, and missing, amounted to about sixty men.
" We had but one officer killed, and one dangerously wounded.
"The action was two hours. But after about half an hour the enemy took to tree fighting, and much annoyed the men who stood at the guns, which obliged me to cease the artillery for a short time, and advance the first line to force the rebels from their covering. This succeeded, and we pursued them a mile beyond their camp, and took many of their horses, and the little provi- sion and ammunition they left behind them.
"This success, I hope, will lead soon to a perfect restoration of peace in this country. Though had they succeeded, nothing but desolation and ravage
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ALAMANCE COUNTY.
would have spread itself over the country ; the Regulators had determined to cut off this army had they succeeded.
" The inclosed declarations of the troops will testify to his Majesty the obli- gations I lay under to them for their steady, resolute, and spirited behavior. "Some royal marks of favor, I trust, will be extended to the loyalty that has been distinguished by his Majesty's faithful subjects within the province.
" The particular details of this expedition I shall transmit to lay before his Majesty as soon as I'have settled the country in peace; hoping that the ad- vantages now gained over a set of desperate and cruel enemies, may meet with his Majesty's approbation, and finally terminate in giving a stability to this constitution which has hitherto been a stranger to.
" The army under my command amounted (officers included) to upward of eleven hundred, that of the rebels to two thousand.
" The two field-pieces from General Gage, were of infinite service to us.
"I am, &c., WILLIAM TRYON.
" P. S. General Waddell, with two hundred and fifty men, was obliged, on the 19th instant, about two miles eastward of the Yadkin, to retreat to Salis- bury. The Regulators surrounded his forces and threatened to cut them in pieces if they offered to join the army under my command,
"I shall march to-morrow to the westward, and in a week expect to join the General."
Governor Tryon to Secretary of State. " NEW York, Aug. 1, 1771.
" On the 19th of May, the army proceeded westward, in order to join Gene- ral Waddell with his troops, then intrenched near Salisbury, and on the 4th of June we effected the junction about eight miles to the eastward of the Yadkin River, and marched the same day to the Moravian settlement, where, on the 6th, we commemorated his majesty's birthday, and celebrated the victory at Alamance. €
· " Intelligence having been brought that the counties of Tryon," Mecklen- burg, and the north-west part of Rowan, t westward of the Yadkin, were medi- tating hostilities, it was judged proper by a Council of war that a strong de- tachment from the army should march through those parts, and compel the inhabitants to take the oath above mentioned, and to suppress any insurrec- tion among them. Agreeable thereto, I appointed General Waddell for that command, with the troops he brought with him, amounting to three hundred and forty men from the counties of Mecklenburg, Rowan, Tryon, and Anson, reinforced with the four companies from Orange, the company of light infan- try from Cumberland County, and the artillery company of sailors raised at Wilmington, with one of the brass field pieces, and six half-swivel guns. The General marched on the 8th day of June, with orders from me, after he had per- formed the service aforesaid, to disband his troops. Since his first day's march I have had no intelligence of his measures or success, which will be communicated to you by Governor Martin. -
" On the 9th of June, I returned with the army through the northern part of Orange County to Hillsboro', where the judges were waiting at an especial Court of Oyer and Terminer, to try the prisoners taken in battle. Twelve were capitally convicted as traitors, and two acquitted; six of which twelve were executed on the 19th of June, near the town of Hillsboro'. By the solicita- tions of the officers of the army, I suspended the execution of the other six till his majesty's pleasure should be known.
"On the 20th, the army marched to the southward, and as I had received, on the 13th June, by one of the judges, your lordship's dispatch, requiring me to take upon me, without loss of time, the government of New York, I left the army on the 20th, arrived the 24th at Newbern, and on the 30th I embarked for this country.
* Now Lincoln County.
+ Now Iredell County.
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HISTORY OF NORTH CAROLINA.
"Benjamin Merrill, a captain of militia, left it in charge of the officers to solicit me to grant his plantation and estate to his wife and eight children.
"One Few, an outlaw, taken in battle, was hanged the next day in camp, and the houses and plantations of the outlaws were laid waste and destroyed, and the owners fled out of the province. WM. TRYON."
" Return of the killed, wounded, and missing, of his majesty's forces on the 16th of May, 1771, at the battle of Alamance :- Killed, or died of their wounds, 9; wounded, 61; missing, none."
OATH OF REGULATORS.
"I, A. B., do promise and swear, that if any officer or any other person do make distress on any of the goods or other estate of any person sworn herein, being a subscriber, for the non-payment of the said tax, that I will, with other sufficient assistance, go and take if in my power from said officer and restore it to the party from whom taken, and in case any one concerned herein should be imprisoned, or under arrest, or otherwise confined, or his estate or any part thereof, by reason or means of joining into this company of Regulators, for the non-payment of taxes, that I will immediately do my best endeavors to raise as many of the said subscribers, as will be of force sufficient, and if in my power, set the said person and his estate at liberty ; and I do further pro- mise and swear, that if in this case, this our scheme should be broke or other- wise give out our intention, any of our company should be put to any expense or under any confinement that I will be an equal share with those in being to pay and make up the sufferer.
" All these things I do promise and swear, and subscribe my name."
Governor Martin to Lord Dartmouth.
Nov. 28th, 1772.
"I can assure your Lordship, that notwithstanding evidences of the most licentious, gross, and criminal violences on the part of this wretched people, yet a residence among them last summer afforded me a full conviction of their having been grievously oppressed by the Sheriffs, Clerks, and other subordinate officers of Government."
These papers, procured from the State Paper Office, in London, bring before us those spirit-stirring events just in the light they existed at the time. I have presented both sides fairly and impar- tially. It is for the present and future ages to judge whether these people deserved the cruel treatment they endured, and the oppro- brium that has been cast upon them. From the official report of Governor Martin, who succeeded Governor Tryon as the Royal Governor of North Carolina, it is seen that he is forced " to the full conviction that this people were grievously oppressed by the Sheriffs, Clerks, and other subordinate officers."
From their first Assembly at Maddock's Mill (Oct. 1766), to the final catastrophe on the banks of Alamance (May, 1771), the great principle laid down was that they should pay no tax but what was lawful, and imposed by their representatives in the Assembly.
This was the great germ of American liberty. If exasperated to madness by the wrongs of their powerful oppressors, and under its influences some outrages were committed, this is not to be imputed to the cause in which they were engaged. The remarks of an able
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