USA > North Carolina > History of North Carolina V. I, Pt. 1 > Part 33
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345
TRYON'S MODERATION
passion to the misguided multitude, and being much more inclined to prevent than punish crimes of so high a nature," granting pardon to all concerned in the disturbance of the The public peace. except Hunter, Husband and eleven others ; and he released the prisoners and suspended the payment of their fines for six months, and later asked the king to extend pardon to all, both as to persons and fines, except alone as to Husband ; and he represented to the king that "to say that these insurgents had not a color for their showing a dis- satisfaction at the conduct of their public officers would be doing them an injustice. for both the register and clerk of the county of Orange were found guilty of taking too high fees." Colonel Fanning on conviction immediately resigned as register .*
Quiet was now restored to the province, and the Assembly, being convened on November 3d, on the 7th a quorum ap- peared, and the governor made a report of his proceedings against the Regulators. The house expressed to Governor Tryon its fullest conviction of the necessity for marching troops to Hillsboro. and its detestation of the riotous and illegal proceedings of the insurgents, and gratefully thanked him for his action. It also thanked him for his efforts to secure an emission of paper currency as a legal tender, and again declared that it was "the only remedy of saving this province from ruin." It concurred in the governor's opinion that the interior policy of the country was never more an object of serious concern than at that juncture, and the house added that it was happy in supporting his actions, and that it most sincerely wished that he should long continue to pre- side over the province.
Tryon desires to leave
Toward the close of 1768 it had doubtless come to be un- derstood that Governor Tryon was desirous of relinquishing his position as governor. His relations with the Earl of Hillsborough, who was the minister in charge of the colonies, were close, and to him probably Tryon confided his wishes. Not only did he see loom up before him the contest with the people growing out of their resolute purpose not to submit to
*In England the law officers held Fanning blameless. ( C. R. VIII, 33.)
1768
governor's attitude
Nov., 1768 Governor thanked by Assembly
C. R., VII 931
346
TRYON'S ADMINISTRATION, 1765-71
S. R., XI, 219 Mercer, lt. gov.
1768 -- the exactions of Parliament, but the particular conditions in North Carolina must have been a source of annoyance as having been in some measure the result of his own action in fastening taxes on the people beyond their ability to pay, and thus inflaming the discontent which required force to suppress. Besides, he had suffered grievously in his health, and so in December, 1768, George Mercer was appointed lieutenant-governor. Mercer was a Virginian, and had served with Washington in the French and Indian War. He had been stamp distributor in 1765, and had suffered for his loyalty. Like Martin Howard, he had taken up his residence in England, and now it was proposed to provide for him, as had been done for Howard, in North Carolina. He waited in England expecting to take Tryon's place when he should leave. A little later, an infant son having died in March, and perhaps urged by his wife, Tryon made a formal request to be restored to his regiment, or to be employed at court.
In other colonies
Nov., 1768
C. R., VII, 928
Tryon County
He had so managed as to avoid issues and disputes with the Assembly, and at this session his personal influence was still a factor. There had been clashing elsewhere. In Massachusetts the opposition to the collection of the custom duties had led to orders for troops and armed vessels to be stationed at Boston. On receiving information of this move- ment the people of that city, much excited, requested the gov- ernor to convene the Assembly, and when he refused the towns and districts appointed deputies to hold a convention. This body, the first of the kind, met and issued an address on the subject of the people's grievances. In other colonies pub- lic ardor was also aroused. When the North Carolina Assem- bly convened, Speaker Harvey presented the two letters from Massachusetts and Virginia that had been received in the spring. There was evidently a division of sentiment, but moderation prevailed. The speaker was verbally directed to make reply to the letters; and then local affairs engaged the attention of the body. Among the acts passed was one pro- hibiting that the two offices, clerk of the superior court and clerk of the inferior court, should be held by the same person. A new county was set off on the frontier of Mecklenburg and named Tryon in honor of the governor. Disappointed
347
INTERNAL AFFAIRS
in its hopes of being allowed to issue legal tender currency, the Assembly, to pay the indebtedness of the province, now S. R .. directed promissory notes to be issued to the amount of XXIII, 759 et seq . £20,000, and it authorized the sheriffs to receive in payment of all taxes, except those for the sinking fund, these notes and the promissory notes and receipts given by the in- spectors at the public warehouses for tobacco, hemp, rice, indigo, wax, tallow and deer skins. Such were the best measures the Assembly could devise to relieve the financial stringency and to make easy the payment of taxes. To lighten taxation the house also adopted a resolution that a tax of a shilling per poll imposed in 1760, and one of two shillings imposed in 1761 had had their effect and ought not thereafter to be collected; and although the governor could not give his assent to the resolution, the direction of the Assembly was obeyed by the treasurers, sheriffs and people. C. R, VII, Governor Tryon, however, again offered to lay before the 983 Crown an impartial statement of the situation, and to urge that permission be granted to emit legal tender paper cur- rency.
The obstacle to the appointment of a provincial agent continuing, the house by resolution appointed as its agent Henry Eustace McCulloh, who, though a member of the council, was in England on leave, and was a correspondent of Speaker Harvey : and it adopted a remonstrance and ad- dress to the Crown, expressing "their concern and anxiety because of the acts of Parliament in regard to taxation" and declaring that "free men cannot be legally taxed but by themselves or their representatives," and praying the king's "interposition in favor of the distressed and oppressed peo- ple in the colony." Its tone, however, was submissive rather than obstructive. It did not please Sam Jolinston, who denounced it as "great pusillanimity." On the other hand Tryon felicitated himself on the temper and mod- eration of the Assembly. Doubtless there was a motive to seek favor abroad and, through the good offices of Governor Tryon, to secure if possible permission to issue legal tender currency, which was deemed so vitally necessary to the peace and happiness of the people. The chief obstacle in the way of accomplishing this purpose was Lord Hillsborough, and
1768
C. R., VII, 877, 973; VIII, 9 H. E. McCulloh, agent
348
TRYON'S ADMINISTRATION. 1765-71
C. R., VII, 973
1769 with him Tryon was supposed to have a particular influence. Having adopted its address and appointed an agent to pre- sent it, the house now appointed a committee of that body to conduct the correspondence. Among those appointed were Samuel Johnston and Joseph Hewes, but they declined the service, Johnston saying that the proceedings "were so in- consistent with his sentiments" that he refused to join in the address. The address was well received by the king, and Lord Hillsborough at once indicated that while he could not assent to the issue of a legal tender currency, yet if the As- sembly would ask to issue a paper currency founded on credit, similar to that of New England and Maryland, every indulgence would be allowed.
C. R., VIII, 39, 58-60
In England there was much diversity of views in regard to America. Parliament in February urged the king to action, and that he should have offenders against the law transported to England and tried there ; but McCulloh wrote to Harvey : "I have it from authority to acquaint you that the acts com- plained of are to be repealed-their proud stomachs here must come down-our politics are a scene of confusion. Men's minds seem greatly inflamed. The ministry most cordially hated." Hillsborough himself wrote to Tryon that "in the opinion of the present ministry it was inexpedient to tax America : that instead of other taxes, at the next ses- sion the ministry is to propose to take off the duties on glass, paper and colors."
March, 1769 C. R., VIII, 32
Six months had now passed with no notable disturbance among the people. At March term James Hunter was tried at Hillsboro and, although convicted, was awarded a new trial. Husband, who was also then tried, was acquitted. Sheriff Lea, when attempting to arrest some of the former insurgents, was seized by their friends and severely whipped ; but the governor, who seemed inclined not to be too quick to raise a quarrel with the people, said that the act did not meet with the general approbation of the Regulators, and the people were quiet; yet the council recommended that the prosecution of the offenders should be conducted with the utmost rigor of the law. On May 6th, Governor Tryon, announcing that he had qualified under his commission as
349
REGULATORS' ADDRESS TO THE PROVINCE
governor, dissolved the Assembly and issued his writ for an election of new members, to be held July 18th.
1769
C. R., VIII, 38
In view of this election the Regulators issued an address Wheeler. Hist. North Carolina, II, 335 to the inhabitants of the province, hoping to change the personnel of the Assembly. In it it was declared that the causes of the commotions were the misapplication of the pub- The causes of complaint lic money to the enriching of individuals without defraying the public expenses : pillaging the people by exorbitant and unlawful fees of public officers : limiting the jurisdiction of the inferior courts, dragging the people into the superior courts, adding greatly to the necessary expenses and cost of litigation. Especially was stress laid on the enormous in- crease of the provincial tax, and with fine art it was said : "Many are accusing the legislative body as the source of all these woeful calamities. These, it must be confessed, are the instrumental cause." But the address bluntly laid the trouble Husband's book at the door of the people, and asserted that "the original, principal cause is our own blind, stupid conduct in choosing persons to represent us who would sacrifice the true interests of their country to avarice or ambition." It was declared that "the majority of our Assembly is composed of lawyers, clerks and others in connection with them, while by our own voice we have excluded the planter." It was a strong ad- C. R., VIII, dress. It had its effect in Orange, Granville and Anson. In Anson, Spencer was rejected by the people; in Granville, Tom Person and Howell Lewis were elected. Orange sent Husband and Pryor instead of Edmund Fanning and Thomas Lloyd. Mecklenburg and Rowan, however, stood firm. In the latter Rutherford was again returned, but Fro- hock, then under grave charges, gave place to Sheriff Locke. While there were other changes in several counties, they do not seem to have been due to these influences. However, the Regulators were not content to rest there. In August a committee was raised to attend the Salisbury court, and to bring to justice those officers who had broken the law : but their efforts were without avail, for in every case they pre- sented the grand jury ignored the bills. Yet they had this C. R., VIII, satisfaction-that the governor, having received authority 67 from the king. now issued his proclamation pardoning
350
TRYON'S ADMINISTRATION, 1765-71
1769
James Hunter and all other persons who had been concerned in the disturbances of the previous year. The ordeal of the courts had been stood. No punishment had resulted.
Storm at New Bern On September 7th a great disaster befell New Bern and the eastern part of the province. The severest storm ever known devastated that section. The tide rose in a few hours at New Bern twelve feet higher than ever before. and the wind blew so violently that nothing could stand before it. Every vessel and boat was driven up into the woods. One entire street, with its houses, storehouses and wharves, was swept away, and several of the inhabitants were carried off in the flood. Bridges and ferryboats were destroyed, and the roads were impassable for weeks because of the fallen C. R , VIII, 71,159 The new Assembly trees. For the most part the crops were lost and there was great suffering in all that region. In the midst of this wreckage the Assembly met in October at New Bern, Har- vey again being the speaker. The situation was somewhat different from that at the previous session. In May the Vir- ginia Assembly had adopted vigorous resolutions against the acts of Parliament, and George Washington was about to present resolutions again recommending the non-importation of British goods, when Lord Botetourt, the governor, hastily Oct., 1769 dissolved the Assembly. But the members were not to be The meeting thus outdone. They immediately convened as a sort of con- vention at Raleigh Tavern and adopted Washington's resolu- tions and communicated their action to the other colonies, and once more non-importation agreements were entered into by the people in all the provinces.
ar Raleigh Tavern
Similar sentiments dominated in North Carolina, and to allay them Governor Tryon in his address to the Assembly C R, VIII, urged that : "The weighty concerns that will fall under your 88 consideration this session require all possible temper and moderation ;" and he had the happiness to inform the body that the ministry, instead of laying further taxes, had the intention to propose to Parliament to take off the duties on glass, paper and colors ; and he besought their prudence and candor and a confidence that would remove the prejudices that had been excited against the mother country.
351
THE ASSEMBLY ACTS
The house proceeds to business
1769
Petitions were presented to the Assembly by many inhabi- tants of Anson County, and also by inhabitants of Orange and Rowan, setting forth the grievances of which the Regu- lators complained, and urging remedies. These papers, like the address to the governor of May, 1768, were admirably drawn. Especially were the remedies recommended in the Anson petition worthy of the earnest consideration of the Assembly. They proposed reforms that in the progress of events had become necessary in the administration of public affairs. The house first, with the concurrence of the gover- nor, appointed an agent for the colony, McCulloh being continued in that employment. Then, when it had hardly en- tered on the business of the session, Speaker Harvey pre- sented the resolutions transmitted by the House of Burgesses in Virginia.
Nothing now was to be gained by moderation. The ap- C. R., VIII, peals of the governor were disregarded and the Assembly at 122 The Assembly defiant once unanimously adopted similar resolutions and also
"RESOLVED, That the sole right of imposing taxes on the inhabi- tants of this his Majesty's colony in North Carolina is now and ever hath been legally and constitutionally vested in the house of Assembly, etc.
"RESOLVED. That all trials for treason or crime whatsoever com- mitted in said colony by any person residing therein ought of right to be had and conducted in and before his Majesty's courts held within said colony," etc.
In the address to the king the Assembly said: "We cannot with- out horror think of the new, unusual, and permit us to add uncon- stitutional and illegal mode recommended to your Majesty of seizing and carrying beyond seas the inhabitants of America suspected of any crime," etc.
An address to the king was adopted which the committee of correspondence was to transmit to McCulloh "with direc- tions to cause the same to be presented to his Majesty and afterward to be published in the English papers." This measure, as violent as it was unexpected, was a blow in the face to the governor. As a salve to his wounded pride, the c R., VIII, house, however, assured him of its steadfast confidence in 135
Nov., 1769 Petiti. D> for new counties
C. R., VIII, 75-81, 151
352
TRYON'S ADMINISTRATION, 1765-71
1769
Nov. 6-7, 1769
his good purposes and intentions, and of its unalloyed es- teem and attachment; but its action required him under his instructions to dissolve the Assembly, and this he did with some show of mortification rather than of anger. But the members, notwithstanding the dissolution, immediately re- paired to the court-house, organized by electing John Harvey moderator, and prepared an association paper which they signed, pledging themselves to non-importation and not to use goods of British manufacture.
S. C. Gaz- ette, Dec. 3, 1769
Non-im- portation
Writing to Lord Hillsborough in January, Tryon re- ferred to his application to be relieved as governor, and re- marked that the proceedings of the Assembly wounded his sensibilities --- the more because he was dangerously ill at the C. R., VIII, time. He had no expectation of re-establishing cordial re- 169, 170 lations. "Confidence, my lord," said he, "that delicate polish in public transactions, has received an ugly scratch, and I fear we have no artists here who can restore it to its original perfection." He would have been glad to leave the province at once, but until the building at New Bern should be com- pleted and his accounts should be passed on. he felt it neces- sary to remain : but he ardently requested leave to return to England in the spring of 1771. Hillsborough about the same time directed him to call a new election of representatives, and urged that he should be cautious in his speech; for in- deed the governor's address to the last house, "pledging the faith of the Crown for the repeal of some taxes," had been brought into Parliament, and a motion made there that "it was derogatory to his Majesty's honor, and to the freedom of parliamentary deliberation." But Hillsborough was able to protect him, and the proposed rebuke failed to pass.
Martin, Hist. North Carolina, II, 253
The wishes of the people
C. R., VIII,
75-80
Before the dissolution the house had entered zealously on business. The petitions of the inhabitants of the different western counties were read to the Assembly by Husband, one of the representatives of Orange. Apparently they were not drawn by the same hand. One from Orange, signed by Francis Nash and other officers of the government, asked that there should be established at Hillsboro a public in- spection of tobacco and hemp, and other commodities ; one from Anson County particularly desired that Presbyterian ministers might be allowed to celebrate marriage with pub-
353
REMEDIAL LEGISLATION PROPOSED
lication of banns. The grievances complained of by the Regulators were set forth in petitions from Anson and from Orange and Rowan. The state of the sinking fund was particularly commented on. A division of Orange and Rowan was asked for. It was proposed as remedies for ex- isting evils the use of tickets and ballots at elections ; impos- ing taxes on estates ; not collecting taxes in money until there was more currency : abolishing fees and perquisites for the chief justice, paying him by a salary; giving to a single justice the power to enter final judgment without appeal and without lawyers on small debts ; restricting the fees of clerks and lawyers, and relieving defendants of costs on indict- ments when not found guilty by the jury. The Assembly was also requested to send a remonstrance to the king on the conduct of the receiver of quit rents, and also in regard to the action of the governor and council in granting warrants for lands. And the Assembly was asked to establish ware- houses on the Peedee. on the Catawba, at Campbellton, and at some point in Tryon County ; and finally that every denomi- nation of people might marry according to their respective ceremonies. Some of these proposed reforms had in the progress of events become necessary in the administration of public affairs, and were worthy of the earnest considera- tion of the Assembly.
Agreeably to these petitions the Assembly had at once begun to devise remedial legislation. A bill allowing a single justice to try cases involving only £5 passed all of its sev- eral readings, except the third in the council, when the dis- solution occurred, and it fell. Another, to limit the fees taxed for attorneys, met with a similar fate. The Assembly was pressing forward in the consideration of such measures when it was notified of the impending dissolution ; and then in its last moments, with the hope and expectation of bene- ficial results, it passed some resolutions intended on the one hand to remove grievances and on the other to curb popular demonstrations. It resolved that the public accounts, begin- ning with the year 1748, should be examined and stated by Mr. John Burgwin, confessedly a very competent accountant, who was required to make his report at the next session ; and it resolved that if any public officer exacted illegal fees, on
1769 -
Reforms
C. R., VIII, IOI The Assembly responsive
C. R., VIII, J39 Public accounts
354
TRYON'S ADMINISTRATION, 1765-71
1769
conviction he should receive the highest punishment the house could inflict. But opposition to sheriffs being preva- lent and peace within the province being of the greatest mo- ment, the house declared that all persons who opposed sher- iffs in the execution of their office should be regarded as enemies of their country and deserving of the highest pun- ishment.
The failure of remedial enactments because of the unex- pected dissolution was a great disappointment to those men- bers of the Assembly who sympathized with the Regulators. A similar disappointment was felt generally by the people at the west. They had counted much on their appeal to the Assembly. and now the Assembly had passed without result.
Feb . 1770
C. R., VIII, 156, 192. 195
In February the governor issued a proclamation for a new election of assemblymen. In view of this election the leaders of the Regulators at once entered on an active cam- paign to gain members favorable to their interest. Large parties visited the counties in the upper districts, and even ili-treated those who refused to join their standard. As yet they had not paid their taxes. For the year 1766 the sheriff of Rowan reported 1833 of them delinquent. For the year 1768 only 205 paid taxes in that county, not being one in ten of the inhabitants. On March 13th, the day after the elec- tion, Judge Moore, who was holding court at Salisbury, wrote to the governor that "there is no such thing as col- lecting the public tax or levying a private debt," and that civil process could not be executed among the Regulators. Early in April the governor therefore issued a proclamation commanding the enforcement of the law and requiring that all sheriffs obstructed in their office should attend at the next meeting of the Assembly.
The Sons of Liberty Active
South Carolina Gazette, July 26, 1770
The rebellious action of the late Assembly, however, de- termined the governor to postpone the meeting, and he pro- rogued the Assembly until November. But proroguing the Assembly did not deter the people. At a general meeting of the Sons of Liberty of the six Cape Fear counties, held at Wilmington on July 5th. Cornelius Harnett being the chair- man, it was resolved to adhere to non-importation ; and as Rhode Island had violated her faith, they resolved to have no mercantile dealings with Rhode Island, and that "all mer-
355
THE HILLSBORO RIOTS
chants who will not comply with the non-importation agree- ment are declared enemies to their country." And it was asserted that not only the inhabitants of the six counties, but of every county in the colony, were "firmly resolved to stand or fall with them in support of the common cause of Ameri- can liberty." The temper of the people was firm and fixed to maintain their rights and to resist British aggression ; and Governor Tryon saw with uneasiness on the one hand the resolute Sons of Liberty, and on the other the discontented inhabitants of the interior agitating for desirable local reforms and for a mitigation of local grievances which he was power- less to remedy.
Early in June the palace was so near completion that the governor removed from Brunswick and took up his residence in it.
The superior court broken up
When the superior court was to meet at Hillsboro in Sep- tember. Chief Justice Howard was absent. Judge Richard Henderson opened the court on Saturday, September 22d. On taking his seat a petition. addressed to the chief justice and associate justices, was presented by James Hunter, in which it was declared that the juries were illegally drawn and were prejudiced, and that the county justices were parties to the delinquencies of the sheriffs and other officers ; that the officers still took illegal fees: that the sheriffs would not settle, and their bondsmen were insolvent; that justice was not administered in the courts, and that they had deter- mined to obtain redress, but in a legal and lawful way. On receiving this address Judge Henderson promised to make an answer to it on Monday; but on the opening of the court on that day some one hundred and fifty Regulators, at the head of whom were Husband, Hunter, Howell, But- ler, Hamilton and Jeremiah Fields, came into the court- house armed with clubs and whips. Fields, addressing the court, declared that the Regulators did not propose to have the cases against their leaders postponed, but that the trials should proceed at once; and as they ob- jected to the jurymen drawn for that court. they would have others appointed who would not be prejudiced against their own party. The judge undertook to reason with
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