USA > North Carolina > History of North Carolina V. I, Pt. 1 > Part 32
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Under Governor Tryon's influence and the progress of events, there was a disposition to depart from the simplicity of former years, illustrated by the construction of the gov- ernor's palace, and the Assembly determined that the speaker and other officers of the two houses should appear in robes appropriate to their offices, and the governor was requested to procure them at the public expense. On January 16, 1768, the business of the session being well finished, the Assembly was prorogued until May.
Tryon joins in asking for currency
C. R., VII, 681
Because of the general distress incident to insufficient cur- rency, acknowledged by the governor and merchants as well as by the people, a petition to the king was drawn by the Assembly, praying leave to issue £100,000 in paper currency. and promising not to make any currency lawful ten- der for any indebtedness to the Crown or to any merchant or others residing in Great Britain. The inference was that this paper currency would be made legal tender for debts within the province. Governor Tryon strongly urged that
335
FEELING INN THE ASSEMBLY
¥763
this request should be granted. He dwelt on the great need for currency in the province, representing that there was not enough for the payment of taxes, and that indeed he thought that the ability of the people to raise the funds for the gov- ernor's mansion depended on this proposed issue of currency. He therefore had a personal interest in the matter. But the Currency petition refused petition was denied on the ground that legal tender paper currency led to frauds, and that no consideration of local inconvenience would induce the ministry to ask Parliament to depart from the principles of the act it had passed in 1764 forbidding the issue of legal tender paper money. Later C. R., VII, Tryon again urged that this favor be granted to the people, 679, 681 for the public distress was augmented by the new taxes laid for the mansion, for the judges and other officers, and for other expenses that had been incurred at his instance. Much to his mortification he was curtly answered by the Earl of Hillsborough that the subject had been disposed of and could not be reconsidered.
Pursuant to the declaratory act of March, 1766, new cus- New tom duties had been imposed on the colonies by act of Par- custom duties imposed liament and a board of customs officers was appointed. This proceeding led to the publication of "Letters from a Pennsylvania Farmer" that again aroused the colonists, and the Assembly of Massachusetts in February, 1768, issued a circular letter to the other colonies, asking for "a united and C. R., VII, dutiful supplication" to the Crown, but the apprehension 688 was expressed that they would be considered "factious and disloyal, and having a desire to make themselves independent of the mother country." This letter was received by Speaker Harvey on the first day of April; and at the end of that 1768 month the governor prorogued the Assembly till the middle of June. In the meantime the burgesses of Virginia had made a similar address. Soon afterward Governor Tryon received directions from the Earl of Hillsborough that if the Assembly of North Carolina should indicate any purpose to C. R., VII, take action on the subject, he should prorogue or dissolve it, 713 and in conformity with these instructions he prorogued the Assembly.
336
TRYON'S ADMINISTRATION, 1765-71
1768 -
The Regulators associate
1768 C. R .. VII, 713 et seq.
While continental matters were thus again claiming pub- lic attention, the people in the back parts of North Carolina were continuing their efforts to redress their local grievances. The initial proceedings of this movement had been directed from Sandy Creek, a tributary of the Deep (now in the eastern part of Randolph County), where Hermon Hus- hand* resided. In the same vicinity lived his brother-in-law, James Pugh ; William Butler, the Coxes, Hendrys. Fudges, and other active men. Farther north was the residence of James Hunter, the first cousin of James and Alexander Mar- tin, a man of parts and a strong speaker. Rednap Howell. another agitator, was a schoolmaster. and a maker of rhymes, whose point and wit. rather than their musical cadences, ap- pealed to the popular heart. The greatest interest was mani- fested by the people west of the Haw. In February, March and April meetings were held at various points, and it was resolved that they should be held regularly every three months. The officers had not attended, as required, to give an account of their stewardships. The demands of the peo- ple were unsatisfied. Under the direction of their leaders they proposed to press forward, and a new character was im- parted to the movement. An oath-bound association was entered into, binding the subscribers to pay no taxes until they were satisfied that the levies were agreeable to law ; and to pay no officer any more fees than the law allows; and they desired "that the sheriff's will not come this way to col- lect the levy, for we will pay none before there is a settlement to our satisfaction," and they asked that their assemblymen and vestrymen should appoint a time to settle with them. Hitherto the inhabitants engaged in these proceedings had assumed no name, and were spoken of as "the mob." or "the country ;" now they began to be known as "the Regulators."
C. R., VII, 671, 726
C. R., VII, 699, 726 et seq
The Sons of Liberty had vetoed the power of Parliament to tax America. The Regulators of Sandy Creek, not ques- tioning the power of their county courts and Assembly to
*While this name has been generally spelled Husbands there is no question that the true spelling is Husband. See facsimile autograph in Weeks, Southern Quakers and Slavery, 178.
337
THE REGULATORS ASSOCIATE
lay taxes, vetoed the collection of the levies until they them- selves should have passed on the propriety of payment.
The grievances they sought to remedy were general, all persons except the officers being affected, and they had the sympathy of even those who had not subscribed the asso- ciation. By April they were assured of the cooperation of many in the adjoining counties of Rowan and Anson, and they were strengthened in their purposes by these accessions. It was not long before an occasion arose for determined ac- tion. On April 8th Sheriff Harris of Orange distrained a . borse for a levy. The people were quick to resist. A hun- C. R., VII, dred armed men appeared in Hillsboro, then a hamlet of two 705,710 et seq. stores, a few straggling log dwellings, a framed building or two, and a small wooden court-house. They seized the sheriff Hillsboro raided and tied him. tock possession of the horse, treated several of the inhabitants roughly. and being provoked by some one at the residence of Colonel Edmund Fanning. shot several bullets through the house. but without wounding any one. Colonel Fanning was an attorney and was absent. attending the court at Halifax. He was a representative of the county in the Assembly, colonel of the militia and register of deeds. by the appointment of the governor. in whose regard and esteem he stood very high. He was the leading officer of the county, and had now become the chief object of popular re- sentment.
This outbreak caused consternation among the officers of the county. They had long been threatened; now threats had become action. John Gray, the lieutenant-colonel of the militia, hastened to consult with Major Lloyd, proposing to call out the militia men, and he despatched information to Colonel Fanning. Fanning immediately ordered the captains of the militia to raise their companies ; but the defection was so prevalent that to the astonishment of the officers, only one hundred and twenty men responded. Indeed Adjutant Francis Nash, who was also the clerk of the court. reported that such was the universal dissatisfaction with the officers and leading men, that one hundred and fifty men could not be raised in the whole county to oppose the Regulators. Fan- ning hurried to Hillsboro and found that the people in every part and corner of the county were confederating by
1768
The oath-bound association
C. R., VII, 713 et seg.
3.38
TRYON'S ADMINISTRATION, 1765-71
*768
solemn oath and with open violence to refuse payment of taxes and prevent the execution of the law, threatening death and destruction to himself and others. He reported to Governor Tryon that he learned that on May 3d they were to environ the town with fifteen hundred men and execute their vengeance on him; and if not satisfied to their desire they were to lay the town in ashes. Great was the excite- ment, and panic prevailed. On April 25th. the Regulators held a general conference, and on that occasion the minister of the parish, Rev. George Micklejohn, attended and per- suaded them from going to Hillsboro in a body, but to ap- point twelve men to be there on May IIth and have a settle- ment with the officers in accordance with instructions then agreed on.
C. R., VII, 716
Micklejohn counsels moderation
C. R., VII, 718, 720
Governor Tryon, on being informed of the riotous pro- ceedings of April 9th, ordered the militia of Bute and six neighboring counties to hold themselves in readiness to march to Fanning's assistance; and wrote advising that if there were any grievances, the people should appeal to the Assembly : and he declared that every matter founded in equity and justice would have his support. on condition, how- ever, that the people would disperse and that order and tran- quillity should be restored. These despatches were borne by his secretary, Mr. Edwards. But Fanning had not been con- tent to await developments. He proposed to act with reso- lution. On Sunday night, May Ist. having caused warrants to be issued for the arrest of Husband and William Butler, Fanning with twenty-seven men dashed out to Sandy Creek and early Monday morning made the arrests, and hurried back to Hillsboro, where an order was prepared to incar- cerate the prisoners in the New Bern jail. The news flew through the country and a prodigious enthusiasm aroused the people; they hurried with their arms to Hillsboro. but in the early morning as some seven hundred men were approaching the town, they were, to their astonishment, met by Husband. As quick as Fanning had been, popular action had been equally as speedy. The country was in arms, and the prisoners could not be conveyed to New Bern without rescue, and so, constrained by the uprising of the people,
Husband and Butler arrested
C. R., VII, 743
The people in arms
339
TRYON PROMISES REDRESS
Fanning caused them to be released on bail. Thus Husband was unexpectedly restored in safety to his friends.
Later in the morning Secretary Edwards came out to meet the people. He read to them the governor's proclamation, and promised in the governor's name, if they would return to their homes and be quiet, he would seek to secure a re- dress of their grievances and would lay the matter before the Assembly. To this they agreed, saying that that was all they wanted. Such a petition was drawn for signature. While it was being circulated among the people there were a few days of repose. Ralph McNair, a warm friend of Fanning, had lately spent some days with Husband, who had conferred with him as to the criminal offences that mobs might commit, and on McNair's return to Hillsboro he addressed a long letter to Husband more fully explaining these criminal matters, and urging him to come and confer with Fanning, bringing with him other men of his neighbor- hood, such as William Butler, John Lowe and James Hunter ; and he enclosed a petition which he suggested should be adopted and signed by the Regulators. But that petition did not meet their views, and at a general meeting, held on May 2Ist, it was resolved to hold by the first draft that had then been signed by about four hundred and fifty men, and a com- mittee was appointed to prepare an address to the governor, giving a full narrative of the grievances of the people, and of their action from the beginning. This paper is exceedingly well written and reflects much credit on its author. It was signed by John Lowe, James Hunter, Rednap Howell, Har- mon Cox, John Marshel, William Cox, William Moffitt and George Hendry, one of whom probably wrote it. It was drawn with candor, and in some measure it bears testimony of the esteem in which Governor Tryon was held even by the Regulators themselves. At a meeting of the committee on May 30th, held at Cox's Mill on Deep River, they directed James Hunter and Rednap Howell to lay this ad- dress, the petition, and all the accompanying papers before the governor and council. This duty was performed on June 20th, and the next day the governor, with the concur- rence of the council, wrote his reply addressed to "the in- habitants on the south side of the Haw." While calling on
1,63
C. R., VII. 733, 758, 767
Their petition
C R. VII, 759 et seq.
C. R., VII, 766
340
TRYON'S ADMINISTRATION. 1765-71
C. R., VII, 792, 794 Tryon's answer
17f3 the people to desist from any further meetings and to aban- don all title of Regulators or associators, and to allow the sheriffs and other officers to execute their duties, the gover- nor promised to "listen to the voice of distress and the just complaints" of the people and "the hardships they may groan under." and to give orders for the prosecution of every offi- cer who had been guilty of extortion or illegal practices. At their request the governor also informed them that the pro- vincial tax for 1767 was seven shillings, to which were to be added the county and parish taxes. The Regulators, however, concluded that some of the provincial taxes laid for a particular object had long since answered the purpose of their creation. and that the public funds should be in a very different situation from that reported by the Assembly and the treasurers. They also saw that the proclamation of the governor against the taking of illegal fees had had no effect, for the register, they said, had raised his fees rather than reduced them.
Tryon reaches Hillsboro
C. R., VII. 796
C. R., VII, 799, 821
On July 6th Governor Tryon, who resided during the sum- mer months in the up country, arrived with his family at Hillsboro. Days passed, and no answer was received to his letter, but he learned that the Regulators were continuing their meetings. A difficult situation was presented. Large numbers of the inhabitants, not actuated by any vicious pro- pensity, had joined themselves together in an oath-bound association to nullify the law. That the grievances they com- plained of were not merely imaginary, the governor had reason to believe. Thus far he had treated them with consid- eration, courtesy and respect. He had received their com- munications from their representatives and had answered while firmly, yet neither arrogantly, defiantly nor unkindly. As a representative of the king and the chief officer of gov- ernment, he could do not less than require submission to the constituted authorities, but apparently he sought concilia- tion. The time coming on for the appointment of sheriffs, he did not reappoint the sheriffs of Orange and Rowan, but substituted Lea for Harris in Orange and appointed a new sheriff for Rowan. Still Harris had to collect the back taxes,
341
REGULATORS STAND FIRM
and the governor on August Ist, being determined to assert the authority of the province, sent Harris among the Regu- lators to make collections and advise them that he expected them to obey the laws of the country according to his letter of June 21st.
Two days later the sheriff returned and reported that he found assembled at the meeting at George Sally's nearly four hundred men, who unanimously refused to pay any taxes and declared they would kill any man who should dare to distrain for their levies. Other unavailing intercourse ensued between the governor and the Regulators, and the flame of discontent was constantly fanned. By August 9th five hundred men assembled at Peeds. and information was brought to Hillsboro that if the insurgents' demands were not complied with they would burn the town. The next day they approached to within twenty miles of Hillsboro, and matters wore a serious aspect. But Tryon was not dis- mayed. He ordered out all the militia, two hundred and fifty of whom obeyed the call, and proceeded to fortify the town. On the evening of the 12th eight of the principal insurgents sought an interview with the governor to arrive at an understanding.
One of the wild rumors that flew among the people was that the governor was to bring down the Indians on them, and that he was raising the militia to harry their settlements. It was this that inflamed them. At this interview the gover- nor made denial of such purposes : Colonel Fanning and Mr. Nash agreed to submit the differences between the people and themselves to the judgment of the supreme court ; and it was further agreed that the accounts of the sheriffs and other officers, after being examined and approved, should be posted at the court-house, and that the sheriff should make no col- lections until after the approaching superior court in Sep- tember. At the same time the governor gave directions that the Regulators should meet on August 17th at George Sally's, where the sheriffs should attend with their settle- ment and give satisfaction to the people. These terms sat- isfied the leaders, and the Regulators dispersed and returned to their homes. But the governor was not at all satisfied. By show of force the people had gained a point ; and unless
1768
The Regulators determined
C. R., VII, 819 et seq.
They approach Hillsboro
C. R., VII, 804
Tryon orders out militia
They disperse
342
TRYON'S ADMINISTRATION, 1765-7I
C. R., VII, 807
In Johnston
C. R., VIŤ, 885
1768 - the powers of government were asserted, they would persist in having their own way. The extension of the movement C. R., VII, 724, 766 had become formidable. Already their general meeting was spoken of by their committeemen as their "General Assem- In Anson bly." From Anson, where in May the inferior court had been broken up, came an address to the gov- ernor from the malcontents, informing him that they to the number of five hundred had resolved if nothing hap- pened to their succor to defend their "cause in the dis- agreeable manner of a force, and to have persisted unto blood." In August also came the disturb- ing information that a body of eighty men had assembled at Johnston County court with the intention of turning the justices off the bench. It was the very first day of the term. The justices adjourned court for the term, and rallying the friends of government attacked the insurgents, and after a smart skirmish drove them out of the field. It seemed to the governor, if the movements were not arrested, that civil government in most of the counties would be over- turned, and that the insurgents would abolish all taxes and debts, and all laws for the enforcement of order. The trial of Butler and Husband was to be at the September term of court, and grave apprehensions were felt that the Regulators would rescue their leaders if convicted. Against such an event the governor took pains to guard. On August 13th, with the concurrence of the council, he required that twelve of the principal men should wait on him at Salisbury and give bond as security that no rescue should be made of Butler and Husband; and he determined to call on the people not involved in the defection to rally for the support of govern- ment. He proposed to embody the militia of the western counties to protect the court and enforce its judgments.
C. R., VII, 70'
The army of 1768
Aug., 1768
On the very day that Sheriff Lea was to meet the people at George Sally's by the governor's own appointment, Gov- ernor Tryon left Hillsboro for Salisbury, where he arrived the next evening. He issued orders for the review of the Rowan regiment on the 26th, and then hastened on to Meck- Ienburg, where he found emissaries from Orange arousing
----
343
TRYON RAISES AN ARMY
the people. The purpose of the governor was to collect a force of volunteers through the militia organizations to sus- tain the court and curb the Regulators. On the 23d nine hundred militiamen were reviewed at Colonel Polk's, and an association oath to "maintain the government and laws against all persons whatsoever who shall attempt to alter, obstruct or prevent the due administration of the laws or disturb the peace and tranquillity of the province," was ten- dered them, but it being objected to, the call for volunteers was postponed. Subsequently a large number volunteered.
Reaching Salisbury on the 25th, the governor found that the Regulators, while declaring that they had no intention to release the prisoners, declined to give the bonds required. But if disappointed by this denial, the governor had the C. R., VII, 814 satisfaction of receiving assurances from another quarter. The four Presbyterian ministers in the western counties sent him an address. enclosing the pastoral letter they had writ- ten to their flocks, urging the Presbyterians to be steadfast in support of government. He also found much gratification in the result of the review of the militia at Salisbury. So prompt and unanimous was the Rowan regiment to respond to his call for volunteers that the governor with great for- mality presented the king's colors to the Rowan regiment, and requested that Captain Dobbins' company, which was the first to volunteer, should bear them. Returning to Meck- C. R., VII, 823 lenburg, he directed the volunteers from that county to assemble on September 12th, and issued orders for the Rowan regiment to join him at Salisbury on the 13th. On the night of the 13th the two battalions encamped on the Yadkin, having with them two pieces of artillery, nine wagons and accompanied by droves of beeves. En route to C. R., VII, Hillsboro this little army passed for three days through the 828 very heart of the disaffected district. Orders had been issued for the Orange and Granville militia to assemble, and on the 2Ist all the forces were united at Hillsboro. Here, too, the governor was joined by a number of gentlemen from the east and a company of cavalry. But the insurgent leaders The Regulators embody had not been inactive. They had collected a force of some eight hundred men, and at daybreak of the 22d took post within less than a mile of the town. However, instead of
1768 -
C. R., VII, 800 et seq. The Zuvernor seeks aid
The Presbyterian ministers
344
TRYON'S ADMINISTRATION, 1765-71
1768
C. R., VII, 841
They retire
Martin Howard
The court held
C. R., VII, 843 et seq.
Trials of 1768
making any attack, they opened negotiations for a settlement of differences. Governor Tryon had been ill for several days, an illness that confined him for some five weeks. He con- vened a council of his officers and required that the Regula- tors should deliver up their arms, surrender five of their chiefs for trial, and should also declare that they would pay all taxes assessed against them. Not relishing these terms, the malcontents deemed it best to disperse. Thirty of them, however, delivered up their arms. The superior court opened its session on September 22d. It was presided over by Mar- tin Howard, the new chief justice, who had been appointed by the king and now displaced Hasell. He was a lawyer of Rhode Island, where, because of his loyalty in stamp act times, he had been hung in effigy, and his house and prop- erty destroyed by the outraged people. Leaving Rhode Island, he had in the intervening years resided in England. With him on the bench were Maurice Moore and Richard Henderson, the associate justices ; while McGuire, a fine law- yer, was the prosecuting officer, and John Cooke, appointed by the chief justice, clerk of the court. Husband was in- dicted and tried for being concerned in the riot, but was ac- quitted. Fanning was indicted in many cases for extortion, found guilty, and in each case was fined a penny and costs. His defence was that he had submitted the question to the inferior court as to what fees he was entitled to, and he had in every instance taken less than the court had adjudged would be his due. William Butler was indicted for rescue of goods and also for a riot, and John Philip Hartso was like- wise indicted for a riot. These were convicted. Butler was fined £50 and sentenced to six months' imprison- ment. Hartso's sentence was lighter. Francis Nash appears to have been indicted for extortion, but his case was not tried. and he was bound over till the next term of the court. An indictment against James Hunter, Hamilton and others was found a true bill by the grand jury, but was quashed for irregularity ; another indictment against James Hunter and others was also quashed ; and still another. From these proceedings it would appear that the court held the scales of justice with an even and impartial hand. Immediately at its close Governor Tryon issued a proclamation, "out of com-
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