USA > North Carolina > Historical sketches of North Carolina : from 1584 to 1851, Vol. I > Part 54
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"Oh, gentlemen, I hope better things of you. I believe there are but few of you but has felt the weight of those iron fists. And I hope there are none of you but will lend a hand towards bringing about this necessary work ; and in order to bring it about effectually, we must proceed with circumspec- tion ; not fearful, but careful.
" Ist. Let us be careful to keep sober-nor do nothing rashly, but act with deliberation.
" 2dly. Let us do nothing against the known established laws of our land, that we appear not as a faction, endeavoring to subvert the laws, and over- turn the system of our government; but let us take care to appear what really we are, free subjects by birth, endeavoring to recover our lost native rights, of reducing the malpractices of the officers of our Court down to the ' standard of our law."
This paper was large, and deserved to have been printed at length, but my ability would not afford it. It was dated, "Nutbush, Granville County, the 6th of June, Anno Dom. 1765.". -
And though it was the adjacent county to Orange, yet the first that ever we heard of it was in 1767, at our August Court, after we had tried to plead our own cause at the bar against extortion. Then some persons who lived adjoining Granville line told us they feared that matter would ruin some of- us, for that just such a case had been undertook in Granville County some years ago, and that they were at law about it to that day. And by what I have since learned, the method they proceeded in was by petitioning the legislative body against the malpractices of the officers mentioned in the paragraphs cited. And thereupon the officers sued the subscribers for a libel ; indicted the author of the paper, and imprisoned him : which lawsuits have remained to this day.
There were other counties, such as Brunswick, Cumberland, and some more had wholly declined paying taxes as early as 1766, if not before, as nearly as I could collect accounts ; but the Government made no noise about all this till Orange could no longer be kept quiet -who never had knowledge of the dissatisfaction. of these counties : so that the thing did not spread by industry of any in propagating or communicating the grievances, but the same cause naturally produced the same effect.
But now I shall drop other counties and begin with Orange, having, as I said before, as perfect a knowledge of the whole proceedings as any one man in the province.
Some time in the latter part of summer, in the year 1766, at an Inferior, Court, in the county of Orange, a paper was presented and read to the repre- sentatives and magistrates of the County, as follows, viz :-
No. I.
" Whereas that great good may come of this great designed evil, the Stamp Law, while the sons of liberty withstand the Lords in Parliament, in behalf
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of true liberty ; let no officers under them carry on unjust oppression in our own province ; in order thereto, as there is many evils of that nature complained of in this County of Orange, in private amongst the inhabitants : Therefore, let us remove them; or if there is no cause, let us remove the jealousies out of our minds. Honest rulers in power will be glad to see us examine this matter freely. And certainly there is more honest men than rogues ;* yet rogues is harbored among us sometimes almost publicly.
* "Every honest man is willing to give part of his substance to support rulers, and laws, to save the other part from rogues; and it is his duty, as well as right, to see and examine whether such rulers abuse such trust ; otherwise that part so given may do more hurt than good.
"" Even if we were all rogues, in that case we could not subsist ; but would be obliged to frame laws to make ourselves honest. And the same reasoning holds good against the notion of a mason club.
" Thus, though it (meaning justice) must be desired by all, or the greatest number of men, yet when grievances of such public nature are not redressed, the reason is, everybody's business is nobody's. Therefore, the following proposal is submitted to the public, to wit: Let each neighborhood through- out the county meet together, and appoint one or more men to attend a general meeting on the Monday before next November Court, at a suitable place, where there is no liquor (at Maddock's Mill, if no objection) ; at which meeting, let it be judiciously inquired into, whether the freemen of this county labor under any abuses of power or not; and let the same be notified in writing, if any is found, and the matter freely conversed upon, and proper measures used for amendment.
" This method will certainly cause the wicked men in power to tremble ; and there is no damage can attend such a meeting, nor nothing hinder it but a cowardly dastardly spirit : which it does, at this time, while liberty prevails, we must mutter and grumble under any abuses of power until such a noble spirit prevails in our posterity ; for, take this as a maxim, that while men are men, though you should see all those sons of liberty (who has just now redeemed us, from tyranny) set in offices, and vested with power, they would soon corrupt again and oppress, if they were not called upon to give an ac- count of their stewardship."
This paper being publicly read at court, in audience of our chiefs, Mr. Loyd, one of our Assembly-men, declared his approbation of it, and the rest acknowledged it was reasonable ; and Loyd altered the day of meeting to the 10th of October; and we being thus encouraged, several neighborhoods held meetings, and conjunctively drew up the following paper :-
No. II.
" At a meeting of the neighborhood of Deep River, the 20th of August, 1766. Unanimously agreed to appoint W- C- and W- M- to attend at general meeting on the 10th of October at Maddock's mill, where they are judiciously to examine whether the freemen in this county labor un- der any abuses of power, and in particular to examine into the public tax, and inform themselves of every particular thereof, by what laws and for what uses it is laid, in order to remove some jealousies out of our minds.
" And the representatives, vestry-men, and other officers, are requested to give the members of the said meeting what information and satisfaction they can ; so far as they value the good will of every honest freeholder, and the executing public offices, pleasant and delightsome."
In pursuance hereof, about twelve men met; but none of the officers appeared, though they had frequently gave out word beforehand that they would be there. Late in the day Mr. James Watson came alone, and brought word from Colonel Fanning, the other representative, that he had always in-
* The author had in view to carry elections by the majority, and was to confute a general prevailing notion, that the combination of rogues, by means of a Mason club, was so. great, that it was in vain to try to out-vote them at elections, which was the method of redress proposed in conversation.
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tended fully to meet us ; till, a day or two ago, he observed in one of our papers the word judiciously*, which signified, he said, by a Court of Author- ity ; and had some other objections, such as the mill being no suitable place. And concluding that, in short, says he, Colonel Fanning looks on it as an insurrection, &c. &c.
Whereupon we, in Watson's presence, drew up the following paper, and read it to him, desiring his judgment; and he said it was so just and reason- able that no man could object to it, which was thus, to wit :- -
No. III. .
"At a meeting of the inhabitants of Orange county, on the 10th of October, 1766, for conference on public affairs with our representatives, vestry-men, &c.
"It was the judgment of the said meeting, that, by reason of the extent of the county, no one man in it, in a general way, was known by above one- tenth man of the inhabitants ; for which reason, such a meeting for a publie and free conference, yearly, and as often as the case may require, was abso- lutely necessary ; in order to reap the benefit designed us in that part of our Constitution of choosing representatives, and knowing for what uses our money is called for. We also conceive such a representative would find him- self at an infinite loss to answer the design of his constituents, if deprived of consulting their minds in matters of weight and moment.
"And whereas, at the said meeting, none of them appeared (though we think properly acquainted with our appointment and requests), yet, as the thing is somewhat new in this county, though practiced in older governments, they might not have duly considered the reasonableness of our requests.
" We therefore conclude, that if they hereafter are inclinable to answer it, that we will attend them at some other time and place, on their giving us . proper notice.
" It is also our judgment, that, on further mature deliberation, the inhabit- ants of the county will more generally see the necessity of such a conference, and the number increase in favor of it, to be continued yearly."
A copy of this was given to Mr. Watson, on his approbation of it; and he promised to present each of our representatives with proper transcripts ; which we make not the least doubt but he complied with.
But, however, instead of complying with our so reasonable proposals, Colo- nel Fanning, the following court, or at a general muster, read a long piece of writing in public, and among our justices, in repugnance to our request, vaunting himself greatly in his performance ; telling them, he had served us with copies thereof, and signified it would silence us or had silenced us. But as to what it contained, I cannot inform the public, as we, nor any one of us that ever I could find, ever saw it.
This, with the menaces thrown out by the bomb sheriffs against such as were most active in this affair, so discouraged the people, that the affair drop- ped; after we had subscribed to a sum of fifty pounds, in order to commence a suit at law against them on the' penal laws, and was denied by the only attorney we had any hopes of serving us to undertake it.
Some months after all was still, there happened to come out a new collection of the laws in one book; two of us took a copy of the fees out of it, for recording deeds of conveyances, and carried it to court in Au- gust term, 1767. These men offered the customary fees for the recording and proving their deeds that were taken in other counties, though that exceeded the lawful due; at the same time, offering to pay more, if any of them could show any law for more.
This was before the bench ; when the man who spoke was asked, how long it was since he had commenced lawyer ?. But, as he did not regard, some of the bench began to threaten him for standing in contempt of the court. Upon which, they withdrew.
The person who had got this law-book being half owner of it, had it at
* By what I have learnt since, they pretended to have mistook the word for judicially ; but our original papers were in too many hands to make it take.
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court, and it was handed about among the people ; which the other owner knowing of, and he being one of the bench and on the bench at the time, came immediately out of court, calling his partner in the book to one side, desiring him to keep the knowledge of the book's being handed about a secret from the rest of the court. The other replies, " I have given them that I let have the book that caution already, for I see how matters stand among you." Which was, that an honest man could hardly live among them ; for these new books were so scarce at that time, that they would have known who had let it out among the people.
Thus we may see how he apprehended himself under a necessity to con- ceal his good offices and honesty to secure himself in office ; but I suppose he was found out, for he was soon after put out of commission.
The bombs now grew more and more insulting, taking unusual distresses for levies ; taking double, treble, and four times the value ; bearing all off to town, thirty, forty, and sixty miles, and was remarkably cross, taking by- paths, and other ways than they had promised ; so that those who followed, may be in a few hours, to redeem their things, could never overtake them.
These things were all sold in town at under rates, and became a constant trade, so that roguish people began to depend on these sales to raise them fortunes. And as to any overplus being returned to the parties, I never could hear of any. Besides, among Dutch people, and such as were ignorant of State affairs, they practised taking four pence, six pence, and a shilling in a tax, more than from the more knowing.
. The High Sheriff also sent out an insulting advertisement, which was set up very early in the following year, to wit, 1768 (may be in first of Febru- ary), as follows :-
"Whereas, by a late Act of Assembly, the sheriff's of the several counties in this province are obliged to attend at five different places in their county, at least two days at each place, at some time between the first day of January and the first day of March, in order to receive the public county and parish taxes. I hereby inform the County of Orange, that I intend to comply with my duty in attending, according to law, at times and places hereafter to be advertised ; and that every man who fails paying their dues, at these times and places, is by the same law, obliged to pay two shillings and eight pence extraordinary. Which sum I shall demand without respect to persons. Whereof every one concerned is desired to take notice.
" And should any person imagine that it is sufficient if they have their money ready when I or my deputy comes for it, I advise them to be provided with two shillings and eight pence for the visit.
From their humble servant, TYREE HARRIS."
Every one could see this was quite insulting as well as an attempt to make asses of us ; for no one but had sense enough to know this new law was cal- culated for the Sheriff's ease. And instead of being so careful to word his advertisement that "the Sheriff's were obliged to attend," as he might have said, the asses were obliged to bring their burdens to him, in order that one ' of their deputies might collect the whole in ten days, sitting on his breach, at ease, in five places only.
The rumor of giving the Governor fifteen thousand pounds to build him a house, all happening together at this time, conspired to give rise to what was commonly called the mob, which in a little time altered to that of the Regulators.
This new association began in a different neighborhood, though they always mentioned and espoused the former; and people had entered into it by hundreds, and it spread every way like fire till it reached Sandy Creek, where the principal men who were concerned in the papers No. 1, 2, and 3 lived. There this new scheme met with some opposition, on account that it was too hot and rash, and in some things not legal. And though the Sandy " Creek people endeavored to show them the danger of their proceedings, yet
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took care at the same time not to kill that zeal for justice and true liberty. And at the second meeting they had prevailed with them to form new arti- cles, and censured their first ; yet, at the first meeting they had sent a paper to our officers, which paper was approved of, and bears the name Number V., though dated March 22d. The new articles being adopted at their second meeting, held on April the fourth, being instead of the first articles, always bore the place of the first, which was Number IV., and is as follows, viz :-
No. IV.
"We the subscribers do voluntarily agree to form ourselves into an asso- ciation, to assemble ourselves for conference for regulating public grievances and abuses of power, in the following particulars, with others of the like nature that may occur.
"Ist. That we will pay no more taxes until we are satisfied they are agree- able to law, and applied to the purposes therein mentioned, unless we cannot help it, or are forced.
"2d. That we will pay no officer any more fees than the law allows, unless we are obliged to it, and then to show our dislike, and bear an open testimony. against it.
" 3d. That we will attend our meetings of conference as often as we con- veniently can, and is necessary, in order to consult our representatives of the amendment of such laws as may be found grievous or unnecessary ; and to choose more suitable men than we have done heretofore for burgesses and vestry-men ; and to petition the House of Assembly, Governor, Council, King, and Parliament, &c., for redress in such grievances as in the course of the undertaking may occur; and to inform one another, learn, know, and enjoy all the privileges and liberties that are allowed and were settled upon us by our worthy ancestors, the founders of our present constitution, in order to pre- serve it on its ancient foundation, that it may stand firm and unshaken.
" 4th. That we will contribute to collections for defraying necessary ex- penses attending the work, according to our abilities.
"5th. That, in case of difference in judgment, we will submit to the judg- ment of the majority of our body.
"To all which we solemnly swear, or, being a Quaker, or otherwise scru- pulous in conscience of the common oath, do solemnly affirm, that we will stand true and faithful to this cause, till we bring things to a true regulation, according to the true intent and meaning hereof in the judgment of the ma- jority of us."
Number five is as follows, viz :-
No. V.
" The 22d day of March, 1768. The request of the inhabitants on the west side of Haw River, to the Assembly-men and Vestry-men of Orange County, v12 :-
"Whereas the taxes in this county are larger according to the number of taxables than adjacent counties, and continues so year after year, and as the jealousies still prevails amongst us that we are wronged; and having the more reason to think so as we have been at the trouble of choosing men and sending them, after the civilest manner that we could, to know what we paid our levy for, but could receive no satisfaction ; for James Watson was sent to Maddock's Mill, and said that Edmund Fanning looked on it that the country called him by authority, or like as if they had a right to call him to an account. Not allowing the country the right that they have been entitled to as English subjects ; for the King requires no money from his subjects but what they are made sensible what use it is for.
" We are obliged to seek redress by denying paying any more until we have a full settlement for what is past, and have a true regulation with our officers. .
" As our grievances are too many to be notified in a small piece of writing, we desire that you, our Assembly-men and Vestry-men, may appoint a time, 1
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before next court, at the court house, and let us know by the bearer, and we will choose men to act for us, and settle our grievances.
" Until such time as you will settle with us, we desire the sheriffs will not come this way to collect the levy ; for we will pay none before there is a settle- ment to our satisfaction.
" And as the nature of an officer is a servant to the public, we are deter- mined to have the officers of this county under a better and honester regula- tion than they have been for some time past.
"Think not to frighten us (with rebellion) in this case, for if. the inhabit- ants of this province have not as good a right to inquire into the nature of our constitution and disbursements of our funds as those of our mother country, we think that it is by arbitrary proceedings that we are debarred of that right. Therefore, to be plain with you, it is our intent to have a full settlement of you in every particular point that is matter of doubt with us. So fail not to send an answer by the bearer. If no answer, we shall take it for granted that we are disregarded in this our request again from the public."
This was the first message this new society sent our officers. But no mas- ter of abject slaves could be more exasperated-they were rebels, insurgents, &c., to be shot, hanged, &c., as mad dogs, &c. And the Sandy Creek men, or authors of No. 1, 2, and 3, were to be punished for it all; for these refers to their former papers. Now as they were so ignorant as actually to imprison, and went through a course of law to make the authors of the first papers culpable for these last, I will observe, the latter, had a right to refer to the former, because they had concurred and joined in the former, but that by no means made all them who were concerned in the former, and scarcely had heard of the latter, to be anyways culpable. Indians now-a-days know this distinction, that where a few bad people of a nation commit outrages the whole is not blameable. However hard this distinction might have been to our officers to conceive, I know it was the easiest and naturalest of all things to be felt by the parties.
And further, because they styled themselves inhabitants of the west side of Haw River; therefore the whole body of the inhabitants on the west side were so treated, that I can venture to say, that though not one third man on the west side had yet concerned themselves, yet they were afterwards forced to join as one man in defence of their lives.
On the whole, I do not think it needful to take much pains to show this dis- tinction, for my opinion is, our officers' spleen against the authors of former papers was for that very reason, that they were pursuing a legal and consti- tutional plan to be redressed ; as also, when it came to be tried in the law, the distinction was as clear as the day, and punished none but them who were actually guilty.
I have said thus much on this head, the more as I observe by the newspa- pers that men in higher stations than our officers attempted the same thing on the town of Boston.
So, to proceed in order, on the said 4th of April, 1768, after the articles were altered, and both parties joined on the former plan, they drew up the following paper, viz :-
No. VI.
" At a general meeting of the Regulators,* held April the 4th, 1768, it was agreed to send P- C- and J- L -- to request the two late sheriffs and our vestry-men to meet twelve men that we shall choose, on the Tuesday after the next court, to produce to them a copy of the list of taxables for each year, and a list of the number and names of the insolvents returned each year, with an account how the money was applied, to whom paid, and to what uses, both vestry-men and sheriffs, and to request our representatives to confer with them in our behalf, and show us law for the customary fees that
* This new name, instead of mob, was necessary according to the nature of the busi- ness of the day of altering the articles.
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has been taken for deeds, indentures, administrations, &c. If the time ap- pointed don't suit them, let them appoint another more suitable."
Before these two men had time to perform this message, the officers, either to try or exasperate the now enraged populace, took, by way of distress, a mare, saddle and bridle, for one levy ; and they immediately rose to the num- ber of sixty or seventy, and rescued the mare, and fired a few guns at the roof of Colonel Fanning's house, to signify they blamed him for all this abuse.
The paper No. 6 was then delivered to the established minister of the county, who undertook to try to accommodate the matter; who accordingly returned with an answer from the officers, and that they had appointed the 11th day of May for a settlement.
" The Regulators hereupon called a meeting on the 30th of April, chose twelve men to meet accordingly, and sent the officers an account thereof, but the paper never was delivered by reason (as it was on Saturday) the Gover- nor's Secretary arrived the same day in the town, and brought a proclama- tion from the Governor, desiring all rioters to disperse, and on their refusal, commanding all officers to aid and assist to disperse them. And what I think is the oddest thing I ever heard of, this proclamation_was set up on Saturday, the rioters ever since the riot all peaceable at home; yet the officers assembled themselves on Sunday to the number of about thirty, with a tavern-keeper or two, and a man who had lately killed another, which the jury of inquest had adjudged wilful murder, all armed with guns, pis- tols and swords, and rode all the Sabbath night, the distance of forty miles, and took one of the rioters prisoner, by virtue of a warrant, and also another innocent person without any precept at all, by reason no precept could be. obtained, because no charge was or could be proven against him, though they had made all the search and inquiry they were capable of doing, by reason, as was hinted before, he was allowed to have been the author of the former papers, Nos. 1, 2 and 3.
But the case was so among the inhabitants that every man knew who was and who was not joined into the Regulation, by reason it was all the topic of converse and inquiry. It being, therefore, so well known that this per- son was innocent, that it alarmed and raised a fiery zeal in every one who had or had not entered into the association. And I suppose not near half the inhabitants had at this time entered into it.
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