USA > North Carolina > Historical sketches of North Carolina : from 1584 to 1851, Vol. I > Part 6
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This occurred at September term of Hillsboro' Superior Court, at which a bill was found against Husbands for a riot, of which he was acquitted by the jury. Hunter and others were found guilty and imprisoned.
Fanning was indicted at this term for extortion in six several instances, but protected by the presence and power of Tryon, he plead guilty, and was fined six pence. Such a mockery of justice was little calculated to allay the feelings of the people, redress their grievances, or prevent a repetition of their wrongs.
The Governor pardoned all persons engaged in this affair, except Herman Husbands and twelve others, and returned to his palace at Newbern.
The next year passed without any commotion in the State; but in the beginning of the new year, 1770, the oppressions and extor- tions of the officers , greatly increased the popular excitement. Maurice Moore, Judge of the Superior Court, found in March, the spirit of the people of Rowan County so roused in consequence of these exactions, that " no civil process could be executed among the people in that county."
John Lea, Sheriff of Orange, in attempting to serve a warrant on Hanson Hamilton, was attacked by John Pugh and other Regu- lators, and beaten severely.
Simon Bryant, Sheriff of Dobbs County (since divided into Greene and Lenoir), in endeavoring to take Thomas Blake and John Coulie, two of the Regulators, was attacked by them, and the sheriff was compelled to desist ; one of his assistants was killed in the skirmish.
The Superior Court of Hillsboro' in September, was interrupted by the Regulators, and broken up.
The record now in the office at Hillsboro', has the following entry.
Monday, 24th September, 1770. "Several persons styling them- selves Regulators, assembled together in the court yard under the conduct of Herman Husbands, James Hunter, Rednap Howell, Wil- liam Butler, Samuel Divinny, and many others, insulted some of the gentlemen of the bar, and in a riotous manner went into the court house and forcibly carried out some of the attorneys, and in a cruel manner beat them."
The Judge (Henderson) finding it impossible to hold court, left Hillsboro' in the night.
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1
The same records present the following entry, at the next term of the court in March, 1771.
" The persons styling themselves Regulators under the conduct of Herman Husbands, James Hunter, Rednap Howell, William But- ler, and Samuel Divinny, still continue their riotous meetings, and severally threatening the judges, lawyers and other officers of the court, prevented any of the judges or lawyers attending. ' Therefore the court continues adjourned till next September term."
The Superior Court at Salisbury was also impeded.
To these open and public acts of violence, were added acts of personal outrage. John Williams, one of the lawyers, was seized and severely beaten in the streets ; Edmund Fanning was dragged out of the court house, and severely beaten. His house (where the present .Masonic Hall in Hillsboro' is located) was torn down and his furniture destroyed.
The General Assembly met at Newbern on the 5th December, 1770, and the Governor received them in his magnificent palace, , then just finished. Among other matters, the Governor urged the raising of a body of men, under the rules and discipline of war, to march into the settlements of the insurgents, to aid and protect the civil officers.
Herman Husbands was a member from Orange. An article in the Gazette, addressed to Judge Moore, was attributed to him, and in consequence, he was expelled from the house.
This Legislature passed an act prohibiting any number of per- sons above ten, assembling, for the disturbance of the peace; and in order to weaken the power of the Regulators, Orange County was divided, and three new counties erected,* one, of parts of Orange, Cumberland, and Johnston, called WAKE, in honor of the wife of Governor Tryon ; another of Orange and Rowan, called GUILDFORD, and the southern part was cut off and called CHATHAM.
To prevent the Regulators from being supplied with ammunition, the Governor, in February, issued a proclamation (1771), prohibit- · ing all merchants and others from supplying any person with pow- der, shot or lead, until further notice.
In March; the Council determined to raise a force of several regiments of militia, and the Governor was advised to march at their head into the settlements of the Regulators, and reduce them by force.
In April, Governor Tryon left Newbern, with about three hun- dred men, and some artillery.
" In May he was joined by a detachment of men from New Hano- ver, under Colonel John Ashe, also from Craven, under Colonel Joseph Leach ; from Dobbs county, under Colonel Richard Caswell ; from Onslow, under Colonel Craig; from Carteret, under Colonel Wm. Thompson ; from Johnston, under Colonel Needham Bryan ; a company of artillery, under Captain Moore ; a company of rangers,
* Martin, ii. 271.
:
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HISTORY OF NORTH CAROLINA.
under Captain Neale; a detachment from Wake, under Colonel John Hinton ; a company of cavalry, under Captain Bullock.
Governor Tryon and these troops crossed Haw River on the 13th, and on the 14th, encamped on the banks of the Alamance. The next day, on the banks of the same stream, the royal army encamped near the Regulators, who had assembled in great force.
On the 15th, a petition was brought to the Governor, from the Regulators, praying a redress of grievances, as the only means to prevent bloodshed. He replied that he would answer next day by noon.
This petition and Tryon's reply, as well as many other original documents' procured from the offices in London, never before published, the reader will find under the chapter (I) on Alamance County.
By dawn the next day the royal forces left the camp, and within half a mile of the Regulators, formed the line of battle, 16th May, 1771.
The Governor in reply to the petition, informed them by a mes- senger, that he had pursued every measure to redress their griev- ances without success. Nothing now was left but an immediate submission ; a promise to pay taxes ; a return to their homes ; and a solemn assurance that they would no longer protect those indicted from a fair trial. He allowed them one hour to consider this reply.
The royal forces, according to Governor Tryon's own report (now for the first time published, in the following pages, see Alamance), amounted to upwards of eleven hundred; the Regulators under Husbands, Hunter, and Butler, to two thousand."
The Regulators told the messenger of the Governor to return and say that " they defied him, and battle was all they wanted."
The Governor then sent a magistrate and officer with a proclama- tion, commanding them to disperse within one hour.
The Regulators refused to listen to him, and cried out for battle, and advanced on the royal forces.
The Governor then sent his aid, Philemon Hawkins, to inform the Regulators that unless they delivered up Husbands, Hunter, Howell and some others, and disperse, he would fire upon them.
The regulators replied, " Fire and be d-d."
The Governor then ordered his troops to fire, which was not im- mediately obeyed. Rising in his stirrups, inflamed with anger, he again orders "Fire-Fire on them or fire on me."
The action became general, and for a few moments was warm. After a conflict of two hours, the Regulators fled, leaving twenty dead and several wounded. The loss of the royal forces in killed, wounded, and missing, was sixty-one men. One officer was killed, and one dangerously wounded.
Thus ended the battle of Alamance. Thus, and here, was the first blood spilled in these United States, in resistance to exactions of English rulers, and oppressions by the English government.
" The Great Wolf of North Carolina" showed his blood-thirsty
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temper, by acts of revenge, cruelty, and barbarity. He hung Cap- tain Few the next day, without a trial, on a tree.
Tryon marched on the 21st to Sandy Creek, where he encamped for a week. Crossing Deep River and Flat Swamp, the army marched to Reedy Creek. Here being joined by General Waddell, Governor Tryon returned on 9th June by Black Jack, Buffalo, Big Trouble- some, in Rockingham County, and Back Creek to Hillsboro', which he reached on the 14th.
At a special court held for trial of the prisoners for high treason, taken in the battle of Alamance, they were convicted and sentenced to death. The execution of six of them was de- layed until the king's pleasure was known. On the 19th the others were executed.
After this, Tryon dismissed his army and returned to Newbern on the 24th, and on the 30th took shipping for New York, to which colony he had been appointed Governor.
Herman Husbands, although a reward was offered for him by Tryon, escaped. He settled in Pennsylvania, near Pittsburgh. He returned to North Carolina after the Revolutionary War, on busi- ness, but remained only a short time. His two sons settled on a large tract of land on Deep River, near the Buffalo Ford. His daughter married a man by the name of Wright.
He is stated to have been concerned in the Whisky Insurrection of Pennsylvania, in 1794, and associated with Gallatin, Bracken- ridge and Bradford, on a Committee of Safety. For this he was apprehended. From the influence of his friends, among whom was the Rev. David Caldwell, of Guilford county (who happened at this time to be at Philadelphia), Dr. Benjamin Rush, and others, Hus- bands was released. On his way home, he died at a tavern near Philadelphia.
Under the head of Alamance County, in this work, many rare, valuable and interesting documents will be found, never before pub- lished, which place the objects, end, and intents of the Regulators in a true color. The curious will examine carefully these records, as they throw a flood of light upon the history of our State, which has been obscured by misrepresentation and neglect.
They were copied under the eye of the Hon. George Bancroft, from originals on file in London, in the Office of the Board of Trade and Plantations. By his kindness they are here presented to the people of the State. I feel the deep obligations that I am under to Mr. Bancroft, and the State of North Carolina deeply feels her obligations to him as the only historian who has done her justice.
1.
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HISTORY OF NORTH CAROLINA.
CHAPTER IX.
FROM 1771 TO JULY 4, 1776.
Administration of Josiah Martin, November 1771 to 1775-Last of the royal governors in North Carolina-His life and character-Parliamentary usages of " the olden times"-The powers of the governor-" A king, aye, every inch a king"-Difficulties arise between the governor and the Assembly, as to the attachment laws and appointment of judges-Courts of law closed- First popular Assembly meets at Newbern, on the 25th of August, 1774- John Harvey, Moderator-Names of the members-Its resolves-It adjourns and another is called in April, 1775-Governor Martin fulminates a procla- mation against " such disorder and anarchy," March 1, 1775-The Colonial . and the Popular Assemblies meet at the same time and place-" Passage of arms" between the Governor and the Assembly-The Governor, in his speech to the Colonial Assembly, denounces these meetings of the people and particularly the unwarrantable appointment of delegates to attend a Continental Congress, at Philadelphia, then in agitation, as highly inju- rious and "particularly offensive to the King"-The Assembly reply that "the right of the people to assemble and remonstrate is not to be doubted," and pass resolutions "approving of the General Congress at Philadelphia, to assemble September 4, 1774" -- Whereupon, Governor Martin dissolves the Assembly-The last which ever sat under the royal government in North Carolina-Mecklenburg Declaration of Independence, May 1775- Governor Martin retreats on board of his Majesty's ship-of-war Cruiser, in the Cape Fear River ; and the royal government terminates forever in North Carolina-Provincial Congress meets at Hillsboro', August, 1775-Troops raised for military operations-Civil government exercised by a Provincial Council-District Committees of Safety ; and County Committees-Names of the committee-men in each district-Battle of Moore's Creek, in New Hanover County, February 27, 1776-Tories defeated under Gen. McDonald -Provincial Congress meets at Halifax, April 4th, 1776-Names of mem- bers-Names of general, field, battalion, and county officers-This body instruct their delegates in the Continental Congress, in April, 1776, to vote for Independence-Committees of Safety appointed-Adjourned on the 14th of May, 1776-Provincial Council of Safety meets at Wilmington, on the 6th of June, 1776-General Rutherford, of Rowan, marches with one thousand nine hundred men, against the Overhill Cherokees (now Tennessee), reduces them, burns their towns, and destroys their crops-Provincial Council of Safety meets in July, at Halifax-The national Declaration of Independ- ence reaches them while in session-Their proceedings, and some account of the first celebration, in North Carolina, of the Declaration of Inde- pendence.
JAMES HASEL, being the first named of the Council, on the de- parture of Governor Tryon, qualified as Governor in July, 1771. He soon resigned the reins of government to JOSIAH MARTIN, who had been commissioned by the crown, and who arrived in North Carolina, at Newbern, on the 11th August.
Like his predecessor, Governor Martin was by profession a sol- dier. He had risen, in the British Army, to the rank of Major;
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and was an Englishman by birth. He was brother to Samuel Martin, a member of the British Parliament, who was distinguished by a duel, in 1763, with the celebrated John Wilkes. His cha- racter was not deficient either in firmness or talent.
In his administration of the colony, he seems to have found him- self too strictly fettered by his instructions from the crown to be of service to the country. In endeavoring to carry out the one, he ' lost the favor of the other. He misconceived, when the storm of popular feeling was raised, both the means of calming its anger and averting its fury.
Had he lived in less troublesome times, his administration might have been peaceful and prosperous. But Providence had decreed that this country should be free from all foreign dominion, and that Martin should be the last of the royal governors in and over North Carolina.
r
Governor Martin met the legislature, for the first time, in the town of Newbern, in Nov., 1771.
To this age, the forms of electing and assembling the legislative body, the homage paid to the Governor, as the representative of the Sovereign, and the power and influence of the governor are curious, and useful to show the improvements that our free institu- tions have suggested and carried out.
The Governor had the power with advice of his council, to con- vene the legislature, at pleasure, the upper branch of which was called the council, appointed by the crown; the speaker, or president of which was the first named in the list, and was, in the absence of the Governor, the executive of the colony. The council was the mere echo of the Governor, since they were both appointed by the same authority; their records show few instances where they ever differed from the Governor on any question of policy. The Governor had the power to prorogue, or dissolve the Assembly, and had an unquali- fied veto on all their acts. The Governor had also the appointment of the associate judges of the superior courts, the sheriffs of the courts, and the clerks of the superior courts." He was indeed a sovereign, "aye, every inch a king." By his order, writs were issued by the clerk of the crown, to the sheriffs of the several counties, directing them to hold elections in each county, and the number to be elected; and the place of assembling; which writs were duly executed, and returns made of the persons elected, to the clerk of the crown. At the time and place appointed, the members assembled, their cre- dentials were read, and qualification took place, which was done in the presence of two of the council, appointed for this purpose by the Governor. Two of the members then waited on his Excellency, to say that the house was organized, and awaited his commands. The Governor then summoned the members to the palace ; then, he directs them to return and elect a Speaker. This being done, two members then wait on his Excellency, to know when he would receive them, to present their Speaker. The house is summoned by the private secretary of the Governor, to make their immediate
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attendance at the palace. They obey, and formally present their Speaker, in person and by name, " whom his Excellency is pleased to approve." Then he proceeded, after pledging "in form to sup- port the house in all their just rights and privileges," to address them on such matters as suggest themselves deserving the consi- deration of the representatives of the people. To which address there was a formal reply in writing, by a committee of the House, and then the House was ready to proceed to business.
Compare this fanfaronade of ceremony and homage to power and place, with our simple organization of the present day ; and it will be no longer wondered why our forefathers in 1776, stripped the Governor of all the paraphernalia of privilege and power in the constitution, and so reduced the executive authority as hardly to leave any semblance of its former grandeur, or even the power of an ordinary justice of the peace. Thus vibrating from one extreme to the other.
The House addressed Governor Martin to pardon (Herman Hus- bands, Rednap Howell, and William Butler excepted) all persons concerned in the late insurrection. He replied that he already anticipated their wishes as far as his power extended. The six Regulators under sentence of death received the king's absolute pardon.
- An angry and protracted conflict between the Governor and the legislative body occurred on the subject of the attachment laws, and the appointment of judges; so serious, that for a long time the colony was without laws or judges. The commissions of the judges expired with the session of the legislature (Martin Howard, chief justice, Maurice Moore and Richard Henderson, associates), and the bill organizing the courts failing to meet with the approbation of the Governor, he first prorogued for three days the Assembly, and finally dissolved it. .
" There were at this time no courts at all in being," was the re- mark of Mr. Quincy, at this time traveling through North Caro- lina.
The whole colony was in a state of anarchy and confusion. The courts were closed; public crime and private injustice had no check. To the minds of the people, their wrongs were caused by the obstinacy of the Governor, and produced a feeling of deep resentment against the government.
These grievances were not confined to North Carolina.
The Speaker of the House of Commons, John Harvey, laid be- fore the house resolutions of the House of Burgesses of Virginia (1773), resolutions of the 12th March last, also letters from the speakers of the lower houses of several other provinces, re- questing that a committee be appointed to inquire into the en- croachments of England upon the rights and liberties of America.
The House came to a resolution that "such example was worthy of imitation, by which means communication and concert would
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be established among the colonies ; and that they will at all times be ready to exert their efforts to preserve and defend their rights."*
John Harvey (Speaker), Robert Howe, Cornelius Harnett, Wil- liam Hooper, Richard Caswell, Edward Vail, John Ashe, Joseph Hewes, and Samuel Johnson were appointed this committee.
This is the first record of a legislative character which led to the Revolution. The names of the committee show its import- ance; the part they afterwards took, as will be seen, proves the sincerity and fidelity with which they discharged their important trusts.
The next year (August, 1774), the Governor issued his procla- mation, complaining that the meetings of the people were held without legal authority-that resolutions had been entered into, and plans concerted, derogatory to the authority of the King and Parliament, tending to excite discontent among the people, and requiring the people to forbear attending any such meetings, and ordering the king's officers to oppose such meetings to the utmost of their power.
But the people would meet. The first assemblage independent of royal authority, of their representatives in North Carolina, oc- curred at Newbern on 25th August, 1774.
Excited at this state of affairs, Governor Martin summoned his ever faithful and obsequious council, and consulted on the steps proper to be taken. They advise him that "nothing could be done."
This Assembly or Congress as it was called, is an epoch in our history. It was not a conflict of arms or force, but it was the first act of that great drama, in which battles and blood formed only subordinate parts.
. PROVINCIAL CONGRESS of North Carolina, which met at Newbern, 25th August, 1774.
Counties.
Members. Sam'l Spencer,
1. Anson
Wm. Thomas.
Roger Ormond,
Thos. Respiss.
3. Bladen
Walter Gibson.
Wm. Person,
4. Butet
Green Hill.
5. Brunswick
Robt. Howe.
6. Bertie John Campbell.
7. Craven
James Cook, Lemuel Hatch,
Joseph Leech,
Rich'd Cogdell. -
* See Journals of 1773. Martin, vol. ii. 305.
+ Divided in 1799 into Franklin and Warren.
2. Beaufort
William Salter,
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HISTORY OF NORTH CAROLINA.
Counties.
8. Carteret
Members. Wm. Thompson, Sol. Perkins.
9. Currituck .
Nathan Joyce, Sam'l Jarvis.
Samuel Johnston,
Thomas Oldham, Thomas Benbury,
Thomas Jones,
Thomas Hunter.
11. Cumberland
T. Rutherford.
Richard Caswell,
12. 'Dobbs*
Geo. Miller,
Simon Bright.
Thos. Gray,
Thos. Hicks,
James Kenan,
Wm .. Dickson.
14. Granville
Memucan Hunt.
15. Hyde
Samuel Smith.
16. Halifax
Willie Jones.
17. Johnston
Needham Bryan,
18. Mecklenburg
19. Martin
'Benj. Williams. Benj. Patton. E. Smithwick.
20. New Hanover
Wm. Hooper.
21. Northampton
Allen Jones.
22. Orange
Thos. Hart.
23. Onslow
Wm. Gray.
L John Harvey, Benj. Harvey,
24. Perquimans
Thos. Harvey,
25. Pasquotank
Andrew Knox, J. Whidbee, Jr. Jos. Jones, Edw'd Everigin, Joseph Reading. John Simpson,
26. Pitt C
Edw'd Salter.
* Divided in 1791 into Lenoir and Glasgow, which latter in 1709 was changed to Greene. 5
10. Chowan
Farquard Campbell,
Wm. Mckennie,
13. Duplin
Thos. Person,
Rothias Latham,
Nicholas Long
John Ashe,
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HISTORY OF NORTH CAROLINA.
Counties.
Members.
Will. Kennon,
27. Rowan
Moses Winslow,
Sam'l Young.
28. Tryon*
Robert Alexander.
29. Tyrrell TOWNS.
Geo. Spruill, Jeremiah Fraser.
Abner Nash,
30. Newbern
Isaac Edwards.
31. Edenton
Jos. Hewes.
32. Wilmington Francis Clayton.
33. Bath Wm. Brown.
34. Halifax .
John Geddy.
Of this body, JOHN HARVEY of Perquimans was chosen Speak- er, or Moderator.
An examination of the acts of this Assembly, evinces the utmost loyalty to their plighted vows of allegiance so often expressed, and yet the most clear conception of the rights of freemen; the jealousy with which these rights were regarded, and fixed purpose by which they would be maintained.
Their journal is still preserved. The preamble to their resolu- tions declares their regard to the British constitution, and their allegiance to the House of Hanover; but that allegiance from them should meet with protection from the government ; that no person should be taxed without his consent freely given in person, or by his representative ; that the tax on tea and other articles by the British Parliament, was illegal and oppressive. The Boston port act, the act sending persons to England for trial for offences com- mitted here, were denounced as unconstitutional ; and they so- lemnly bound themselves after 1st January next, not to purchase · any goods from England or send any produce there for sale.
The Assembly approved of the plan of a General Congress in Philadelphia in September, and elected as members, WILLIAM HOOPER, of Orange County; JOSEPH HEWES, of Edenton; RICHARD CASWELL, of Dobbs County; who were instructed to express the firm determination of the people against all unconstitutional oppression.
They then adjourned, empowering the Moderator to convene the deputies as occasion might require.
Such was the first Assembly of the people of North Carolina, in a representative character in opposition to the Royal Government.
These men have long since gone to their final account; but their names, characters, and services, should be held ever in grate- ful remembrance by their countrymen. North Carolina is proud of their names, for with them is associated the most unsullied patriotism, uncalculating resistance to oppression, and chivalric
Divided into Lincoln and Rutherford in 1791. .
David Jenkins,
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HISTORY OF NORTH CAROLINA.
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daring. A short sketch of the life of many will appear in another portion of this work; an extended narrative of their services, will afford ample material to the future historian and biographer.
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