USA > North Carolina > Historical sketches of North Carolina : from 1584 to 1851, Vol. I > Part 55
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This alarm immediately so engaged almost every man, woman, and child, that by daylight, next morning, some hundreds were assembled near the town ; which number in an hour or two increased to odds of seven hundred armed men, many of which had traveled forty odd miles on foot, some barefooted, and some (at least one) had traveled thirty miles with his shoes slip-shod ; but the most part were on horseback. The whole was actuated by what the world calls the spirit of enthusiasm, for I felt it myself as soon as I came into the company; it catched every man, good or bad, as Saul was catched among the prophets. A man under the operation of this spirit, I am certain, can do and undergo double what he can at another time. It is prodigiously dangerous to raise this spirit, if it is nothing but natural, as some imagine ; but I believed it was a work of providence, and therefore feared no evil.
The Governor's secretary met this company in sight of the town. But I have to observe, first, that both the prisoners had given bail and had met this company very early ; for we supposed the officers had got some word of their being on the road, as some companies took up long before day, near the town, or else the prisoners would, we suppose, have been sent to' Newbern, two hundred miles. This would have been hard work for the inhabitants on the east side of the town, who were also assembled in companies, laying in wait to rescue the prisoners among inhabitants who had not intermeddled be- fore. The secretary read the proclamation and delivered a verbal message, which he said he had from the Governor ; that if they should assemble while he was up, to tell them, if they would petition the Governor, he would pro- tect and redress them against any unlawful extortions or'oppressions of any officer or officers in the county ; provided they would disperse and go home.
No sooner was the word spoke, but the whole multitude, as with one voice,
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cried out, " AGREED ! That is all we want ; liberty to make our grievances · known."
It is admirable the quickness of the spirit in a people, truly engaged in a cause, to apprehend and take anything offered that in truth has a tendency to procure a remedy : we had felt ourselves shut out and denied a hearing ; and we sensibly felt the whole calculation and design of our enemies, was to pre- vent our cries from reaching, as it were, the royal ear : or, which is the same thing, the legislative body of the government.
A fatal blow was this to our adversaries ; but they saw it not till it was too late. Had not this very accident happened, we never could have had a hearing.
And, to mend the matter, the secretary was so pleased that he had hit upon an expedient to make peace, that he sent for some bottles of wine, and, with a loud voice, before officers and people, repeated the same thing over and over, without variation, several times, and drank the wine as a testimony or record that such an agreement was made, and that by express orders from his Excellency.
The joy that we returned home with on this occasion, was inexpressible, for men can feel things of an oppressive nature, that they cannot make ap- pear; we could plainly feel we were debarred from complaining; we could feel we dared not petition the Governor unless we let our adversaries word the petition; but now they had tied themselves. We immediately advertised the agreement, and appointed a meeting, but this opened the eyes of our officers to see their mistake. I call it a mistake and accident, because the Governor denied afterwards that he gave such orders, as will be seen by his answer to our petition, though some who do not like him, think he denied it because he rued it.
It is beyond my power to describe the pains that was taken to recall this mistake, unless I was to print a copy of all their letters, and as much preach- ing and arguments as a man could read in a week. We were told in plain terms, and in writing, that no petition. could nor would go down with the Governor, but such a one as they had wrote for us, in which they made us say, we had thought the officers wronged us, but had now found it was owing to some mistake or defect in our proceeding, and told us if we per- sisted, Colonel Fanning would represent our case to the Governor as high treason, and not as a riot, and kept constantly at this work, till and on the day appointed to meet, where and when a merchant and clergyman appeared to influence and frighten us from proceeding, and, though they made the work exceeding unpleasant, and much confused us, yet the following paper was unanimously at last agreed to, viz :-
No. VII.
"At à general meeting of the Regulators, Associators, and others, inhabitants of the County of Orange, held at George Sally's, on the 21st of May, 1768,
" It was unanimously agreed to continue our petition, agreed on last meet- ing, to the Governor, Council, and Assembly, for redressing very grievous, cruel, iniquitous, and oppressive practices of our officers, which we gene- rally conceive we have labored under this many years, contrary to law.
"And in pursuance of a verbal message from the Governor, sent us express by his secretary, delivered to us on the 3d of this instant, we agree to renew our said petition. And as sundry forms have been read here this day, and signed by sundry neighborhoods, we appoint W- M-, W -- C-, H-C-, J- L- -, J- M --- , J. -II-, R- H-, and G -- HI-, to form one out of the whole, referring to the several com- plaints for information of grievances.
" And being conscious of our loyalty to King George the third, on the pre- sent throne, and our firm attachment to the present establishment and form of government, which we sincerely believe all our grievances are quite oppo- site and contrary to, by downright roguish practices of men who have crept into posts of office, and have practiced upon our ignorance and new settled situation.
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" We therefore order the above committee to implore the Governor's pardon and forgiveness, in the most submissive manner, for any errors that we may have committed, that is or may be construed to derogate from the honor of his Majesty's crown and dignity, or tending to obstruct the peace and good order of government.
" And for the Governor's better information, we order the committee to pre- pare copies of all our proceedings which was agreed on by our body even from the first beginning ;- to go with our said petition-and a suitable number of the said committee to wait on the Governor with them as soon as possible.
" And as we have received a letter from Anson County, informing us of an association there on the same account, and requesting our information of the manner of our proceeding, we order a copy of this to be sent to them imme- diately, to prevent speedily their running into any error-we believing their scruples to be well grounded and their intention honest."
In June they waited on the Governor with the copies of all the foregoing papers, and other attested complaints, and brought us back the following answer, viz .:-
GENTLEMEN :- I received by the hands of Messrs. Hunter and Howell a peti- tion, 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 Regu- lators, assuming to themselves power and authorities (unknown to the Consti- tution), of calling public officers to a settlement, together with a narrative of their conduct, and detail of the grievances and complaints against the Clerk `of the county, Register, and other public officers, whose exactions and oppres- sions its pretended has been the cause of the late insurrections which have disturbed the peace of that part of the country."
These papers I have, agreeable to your desire, communicated 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 extraordinary steps you have taken, in assembling yourselves together in arms, to the obstruction of the course of justice, to the insult of public officers, and to the injury of private property ; measures, as they manifestly tend to the subversion of the constitution of this government, would inevitably, if carried but a little farther, have been denomi- nated, and must have been treated as high treason; and consequently have involved the abettors, most of whom I am satisfied were actuated by honest motives, though incautiously drawn in to concur in acts that might have ter- minated in the ruin and destruction of their families, while by illegal means they are intent on exempting themselves from evils, within the remedy of the laws of their country.
These calamities, I. trust, are now removed by the timely proclamation I sent up to you by my Secretary, and your prudent determination to petition me in council for the redress of the grievances complained of. The discreet and steady behavior of Colonel Fanning, and the officers and men under his command, metnot only with the entire approbation of myself and his Majesty's Council, but will ever be acknowledged with gratitude by every well wisher to this province.
I take this opportunity to acquaint all those whose understandings have been run away with, and whose passions have been led in captivity by some evil designing men, who, actuated by cowardice and a sense of that public justice which is due to their crimes, have obscured themselves from public view, That in consideration of a determination to abide by my decision in Council, it is my direction, by the unanimous advice of that board, that you do, from henceforward, desist from any farther meetings, either by verbal appointment or advertisement. That all titles of Regulators or Associators cease among you. That the Sheriff and other officers of the government are permitted, without molestation, to execute the duties of their respective offices. And that all breaches of the peace against his Majesty's government may be determined and examined in a due course of law.
It is by your strict and punctual adherence to these directions, that any farther clemency, on my part, may be looked for.
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This was the extent of what I authorized Mr. Edwards to declare on my behalf. And now that I have signified to you the sense his Majesty's coun- cil entertain of the nature of your proceedings, and the requisition I point out by their advice for your future conduct-
I am to assure you, willing as I am to listen to the voice of distress, the just complaints of his Majesty's subjects, and the hardships they may groan under, that I shall give his Majesty's Attorney-General orders to prosecute every officer who has been guilty of extortion or illegal practices in his office, upon any application or information lodged with him by the parties injured, or any others who shall be authorized to prosecute on this behalf. As also set up a proclamation on my arrival at Hillsborough, forbidding all such dis- honorable and illegal proceedings.
You may further depend upon it, I shall, at all times, endeavor to redress every other grievance in my power that his Majesty's subjects may labor under.
As you want to be satisfied what is the amount of the tax for the public -
service for 1767, I am to inform you it is seven shillings a taxable, besides the county and parish taxes, the particulars of which I will give to Mr. Hunter.
I have only to add I shall be up at Hillsborough the beginning of next month. In the mean time I rest in full confidence I shall again be made happy by seeing industry prevailing over factions, and peace and harmony triumph- ing over jealousies and murmuring in a soil and climate the most fertile in the world, and among a people who, by a well-directed industry, may draw down blessings and prosperity to their families, and greatly contribute to the honor of his Majesty's government, and the happiness of my administration. WILLIAM TRYON.
At the Council-chamber, Brunswick, the 21st of June, 1768.
Now to give some clear ideas in what light we received this answer, and in what condition we felt ourselves to be in, it is necessary to inform you of the bottom of our jealousies, and the method we intended to prosecute for redress.
Our jealousies were not only against the officers of our own country, which our papers are confined to, but, in our converse and inquiry by the best cal- culations we could make, and by several hints and reports, we had reason to believe we had already paid, twenty or thirty thousand pounds over what would sink the emission of our paper currency. And by accounts we had still afloat sixty thousand pounds ; so that either our Assembly had been deficient in burning it, or the treasurers in accounting ; or else our sheriffs in paying the treasurers : otherwise some counties must be vastly in arrears.
As for our own county, we knew it had paid to the full. We were of opin- ion there were not one hundred insolvents a year in our county out of from three to four thousand. But to question the Assembly or treasurers, our officers took care to chide us for, and hinted that it would be even criminal to suppose such a thing, for they were men of such credit, and such a body, as, were they guilty, more than one must be combined ; and such a thing could not be supposed. Well, we could not help thinking ; so we intended that if our own representatives would help us, and we could get a settlement of our own officers, and if the deficiency did not lay there, to proceed and lay the same before the Assembly, and have the treasurers' accounts exam- ined. And if our Assembly-men refused to join with us, then to petition for new elections, &c.
Now by the time we got this answer we found by the journals of the House, that the public accounts were really unsettled, by a motion from the Governor to them on that head ; and now we were yet more alarmed, for as we under- stood the motion, he 'hinted, though in a delicate, soft manner, to have that authority vested in the Governor.
Well, the more that we discovered things out of order, we were sensible the stronger we should be opposed ; and we not only found by this answer that the Governor inclined to the other side, multiplying all our faults to the,
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highest pitch he was capable of; and with as great an extreme painting the other side ; and without meeting together, which he strictly forbid, and con- ferring together, we could make no hand either in carrying elections, or re- presenting our grievances. Our hands were fast tied from any relief but the law, and in that way had also excused himself from protecting or helping us, any farther than to order the attorney to set up a proclamation.
Well, under this difficulty we stood still, and soon saw the proclamation had no effect at all, for the register, or his clerk, raised in their fees four pence or eight pence, upon which all hopes of the law vanished, and every channel and passage of redress was stopped and shut up. However, after some time, as we thought, the Governor would expect some return to this let- ter, and this we could not effect without breaking his orders, so we appointed a meeting to agree upon an answer ; and at the meeting received the follow- ing letter from the Governor, viz. :-
" GENTLEMEN-In strict conformity to the promise I made you in my let- ter, dated from the council-chamber, at Brunswick, I issued a proclamation on my arrival at Hillsborough, a copy of which I herewith transmit to you.
" I also gave Mr. Attorney-General orders to prosecute at law all public officers in your county for abuses in their offices, on application made to him by or in behalf of the parties injured.
" It is now, therefore, my advice and consent that Mr. Tyree Harris wait on you to proceed in the collection of the public county and parochial taxes of Orange County for the year 1767.
" I have the fullest confidence that you will, agreeable to the direction of the above-mentioned letter to you, and in justice to the principles of your engagement to abide my decision in council, make it a matter of honor and conscience among yourselves, that Mr. Harris and his deputies shall not meet with any interruption in so essential and an immediately necessary a discharge of his duty, in obedience to the laws of this country.
WILLIAM TRYON.
HILLSBORO', August 1, 1768.
Harris asked for his levy-and we told him we had agreed to lay the case before the Assembly and the whole of the Council before we chose to pay ; and nobody offered him the least insult.
. We agreed upon an answer to the Governor's first letter, and ordered two men to deliver it to him, which they did the 5th of August ; but we have lost the copy. However, the purport of it may be seen by the Governor's answer.
But on Harris's return the Governor's officers were out raising the militia round the town. And the militia kept sending messages to us one after another, by night and by day, what orders they had received, which was to meet such a day, which was in a few days, and to bring three days' provision and nine charges of ammunition. These alarms run night and day, and caused multitudes of the people to gather together, who chose out eight men, and sent them to the Governor. The men returned with the fol- lowing answer, viz. :-
" In the first place, the Governor declares that he never had an intention to bring down Indians, nor of raising the militia in order to break in upon any settlement, as has been falsely represented ; and that he again repeats his firm resolution to do justice to the people in everything wherein they have been injured, as far as is in his power.
" In the next place, Col. Fanning agrees that the dispute between him and the people shall be settled at the next Supream Court; that if the Chief Justice and his Associates give judgment against him on the trial of Mr. John Lowes, or any other deed, he is willing and shall refund the full sum, over his lawful fees which he has taken, to every man who shall apply to him, bringing his deed along with him ; and that they shall pay no cost.
" In the next place Mr. Nash agrees to the same thing, with respect to his clerk's fees, as he has already wrote to the Regulators.
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ORANGE COUNTY.
"In the last place, the accounts of the sheriffs, with the vestry and the courts for the parish and county tax, have been examined and approved, and when a settlement is made for the insolvents, the full State, in the same man- ner, shall be pasted up in the court house.
" The Governor will give no directions for the sheriff to proceed in his col- lection till after the Supream Court."
. At the same time he appointed the Regulators to meet on the 17th day of August, at George Sally's, where the sheriffs were to attend with their settle- ment, and give satisfaction to the public on the said 17th of August.
We met, but none of the past sheriffs came. John Lea, the new sheriff, came, and brought a letter from the Governor, viz. :-
" August 13th, 1768.
* "GENTLEMEN-I had every reasonable hope that my letter to you from the council-chamber, the 21st of June, would have given you not only the most cordial satisfaction, but have prompted you with the most ardent zeal to have immediately subscribed to every direction contained therein, conform- able to the declared resolution in your address to me. -
"It is with a sincere regret I at this time reflect on the disobedient and ungrateful return you have made me, both by your disregard to every part of direction in the above-mentioned letter, and your refusal to pay your public levies to Mr. Harris, late sheriff, who demanded them of you on the second of this month at a general meeting, in virtue of his legal powers, and in compliance with the letter I sent you by him, urging the immediate payment thereof.
" The candor, with which I treated the rash and precipitate steps of your past conduct, and the just means and effectual measures I pointed out for removing the causes of complaint, would have given ample satisfac- tion to every man who petitioned me with an intention to be satisfied with justice.
"By your letter delivered me the 5th instant by Messrs. Low and Hunter, I have the mortification to find every lenient measure of mine has been per- verted, and the friendly aid I offered to correct the abuses in public officers, which it was my duty to tender, considered by you as insufficient.
" The force of the proclamation was to caution public officers against, and prevent as much as possible, extortion. It is the province of the Courts of law to judge and punish the extortioner. The dissatisfaction also you ex- press, that your address and papers were not laid before the whole council, is equally groundless, with your declarations of the insufficiency of the pro- clamation.
" By his Majesty's commission and instruction, three counsellors make a board ; and with five members business may be transacted of the highest dignity. Whereas six gentlemen of the council were present when your address and papers were laid before that board.
"The resolutions you have taken to petition the legislative body is ex- treamly agreeable to me ; my services on that occasion shall not be wanting to redress any real grievance .*
"It is necessary I should now inform you, in humanity to your misguided passion, and in justice to the integrity of my intentions, that you are pur- suing measures highly criminal and illegal-and it is a circumstance of real affliction to me, since I consider you as acting upon principles no less void of faith and honor, than inconsistent with every moral and religious duty.
"You have given occasion to every man of property and probity by the
* This far relates to our letter, which copy we have lost, but the purport, as I hinted. before, may be gathered from the answer, and what I will now observe: That is, we did not complain that there was not a sufficient number to do business, but that our thanks would been more had he called the whole council; and we not only thought so, but likewise both thought and expected he would have called the Assembly on the occasion. Which we now recommend in order to strengthen him to help us.
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open, unreserved menaces you have thrown out against the lives and proper- ties of many of the inhabitants of this country, to look on your designs as bent rather upon destroying the peace of this government, and the secu- rity of its inhabitants, than a wish or intention to wait for any legal process against those you imagine have abused their publick trusts.
"Upon these alarming prospects I esteem it my duty to provide for the safety of the government, and to take care that the publick receive no damage ; to prevent, therefore, as much as possible the heavy expense that must ac- crue to the province, by providing against the insults that are intended to be offered to his Majesty's Superior Court of Justice, I am peremptorily to re- quire on your part that at least twelve of your principals, and those of the first property, wait upon me at Salisbury, on Thursday the 25th of this month, and there in my presence execute, a bond in the sum of one thou- sand pounds, as a security that no rescue shall be made of William Butler and Herman Husbands, at the Superior Court at Hillsborough, they being under recognizance then to appear and take their trials.
WILLIAM TRYON.".
We sent him the following answer, viz. :-
August 19th, 1768.
May it please your Excellency-
We received your letter by the hand of Mr. Lea, at the only time that ever our officers showed any real intentions of informing us, to what use our money is applied, and at a time when we liad hopes and were perswaded matters were likely to be settled to the peace and satisfaction of the publick.
But finding by your letter that your Excellency is displeased, and charges us with breach of honour, and that we have given occasion to be looked on as rather bent upon destroying the peace of this government than to wait for justice-
At all which we are truly affected with sorrow and concern at the thoughts of any difference arising between your Excellency and us, and that (as through false reports and alarms, the commonality, under oppression, have been incensed, and occasion given) we determine to use our utmost en- deavors to guard against such offences for the future.
Amidst our sorrow we are rejoiced in this to find that your Excellency is agreeable to our resolutions to petition the legislative body, which is gene- rally agreed on.
As to the demand for security not to rescue the prisoners, we beg that it may be considered that the alarms or raising men and Indians to cut off the inhabitants of this county as rebels, when they knew in their hearts and consciences they were guilty of no other crime but endeavoring to obtain justice, and detect fraudulent practices in the officers, which has been so common in this province, that it is mentioned in many acts of Assembly made to remedy the same, which constantly prove unsuccessful, and we con- ceive ever will be so-until the publick is encouraged to assist and help by complaining and producing matters of fact against the particulars. Now these alarms were thought by the most considerate to be without good grounds, and such interposed, moderated, and pacified the whole; and those, it is likely, may be looked on as the principals or leading men. And such as these will ever use the same care, and will, no doubt, be able to govern the multitude by reason ; and yet not one of them would be willing to enter into bonds, for the noise of such a step would be likely to hinder their in- fluence.
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