USA > North Carolina > Sketches of North Carolina, historical and biographical : illustrative of the principles of a portion of her early settlers > Part 5
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In 1766, the Stamp Act was repealed, and the governor issued two proclamations on the 25th of June, one making known that desirable fact, the other requiring of the officers of government strict adherence to the graduated table of fees ; expecting of con- sequence that both the east and the west would be gratified, and make no further resistance to the collection of the lawful taxes, and range themselves on the side of the government. The relief and tranquillity were far greater in the eastern counties than in the western. During the session of the county court of Orange, a number of persons entered the court-house in Hillsborough, and presented to the magistrates a written complaint, drawn up by Harmon Husbands, which they requested the clerk to read, setting forth the views of the people respecting their wrongs,-" that there were many evils complained of in the county of Orange that ought to be redressed,"-and proposing that there should be a meeting in each company of militia, for the purpose of appointing delegates for a general meeting to be held at some suitable place " where there was no liquor,"-"judiciously to inquire whether the freemen of this county labor under any abuse of power,"-" that the opi- nions of the deputies be committed to writing, freely conversed upon,-and measures taken for amendment." The proposition was considered reasonable, and a meeting was appointed to be held at Maddock's Mill, two or three miles west of Hillsborough, on the 10th of October, to inquire into the acts of government,-" for while men were men, if even the Sons of Liberty were put in office they would become corrupt and oppressive, unless they were called upon to give an account of their stewardship."
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The company meetings were held, and the delegates were ap- pointed ; in some cases, with written commissions, viz :- " At a meeting in the neighborhood of Deep River, 20th of August, 1766, it was unanimously agreed to appoint W. C. and W. M. to attend a general meeting on the 10th of October, at Maddock's Mill, where they are judiciously to examine whether the freemen in this county labor under any abuses of power ; and in particular to examine into the public tax, and inform themselves of every parti- cular thereof, by what laws, and for what use it is laid, in order to remove some jealousies out of our minds." " And the representa- tives, vestrymen, and other officers, are requested to give the mem- bers what information and satisfaction they can, so far as they value the good will of every honest freeholder, and the executing public offices pleasant and delightsome."
On the appointed day, the 10th of October, 1766, the delegates assembled ; after some time, James Watson, a friend of Col. Fan- ning, the most odious officer in the county, came, and as a reason for his not appearing to give account as their representative, read a message from Fanning, that, " It had been his intention of at- tending them till a few days ago, when he observed in the notice from Deep River, the word judiciously, which signified the author- ity of a court ; and that he considered the meeting an insurrection." The meeting had full and free discussion on a variety of topics ; and finally resolved that such meetings as the present were neces- sary, annually, or oftener, to hear from their representatives and officers, in order to have the benefits of their constitution and the choice of their rulers ; and that as their representatives, sheriffs, vestry and other officers had not met them here, with but one exception, they should have another opportunity of conferring with their constituents. It is impossible to conceive what fairer mode of ascertaining the truth could be devised by men situated as they were, without a printing press and without newspapers. Such proceedings might, in the colonial days, be rebellion to be put down ; in these days of liberty, a man would lose his hold on the community were he to refuse compliance with such commands from his constituents, or the community at large.
In April, 1767, another meeting was held at the same place, Maddock's Mills, and the following preamble and resolutions were discussed and adopted, by which these men passed the Rubicon ; and from being called a mob, or insurgents, were known by the name of REGULATORS, or THE REGULATION, and were considered as having some continued existence :
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" We, the subscribers, do voluntarily agree to form ourselves into an association, to assemble ourselves for conference for regu- lating public grievances and abuses of power, in the following particulars, with others of the like nature that may occur, viz. :
" 1st. That we will pay no more taxes until we are satisfied they are agreeable to law, and applied to the purposes therein mention- ed, unless we cannot help it, or are forced.
" 2d. That we will pay no officer any more fees than the law al- lows, and unless we are obliged to it ; and then to show our dis- like, and bear an open testimony against it.
"3d. That we will attend our meetings of conference as often as we conveniently can, and is necessary in order to consult our re- presentatives on the amendment of such laws as may be found grievous or unnecessary ; and to choose more suitable men than we have done heretofore for burgesses and vestrymen ; and to petition the houses of assembly, governor, council, king, and par- liament, &c., for redress in such grievances as in the course of the undertaking may occur ; and to inform one another, learn, know, and enjoy all the privileges and liberties that are allowed, and were settled on us by our worthy ancestors, the founders of our present constitution, in order to preserve it on its ancient foundation, that it may stand firm and unshaken.
"4th. That we will contribute to collections for defraying neces- sary expenses attending the work, according to our abilities.
" 5th. That in case of difference in judgment, we will submit to the judgment of the majority of our body.
" To all which we solemnly swear, or being a Quaker, or other- wise scrupulous in conscience of the common oath, do solemnly affirm, that we will stand true and faithful to this cause, till we bring things to a true regulation, according to the true intent and meaning hereof, in the judgment of a majority of us."
These resolutions were drawn up by Harmon Husbands.
A subscription was set on foot, and fifty pounds were collected for the purpose of defraying the expenses of such suits as might arise in seeking redress of their grievances.
During this year, 1767, the governor commenced his palace at Newbern, for which, with great difficulty, he had obtained an ap- propriation of £5,000 by the last legislature ; and proceeded in a tasteful and expensive style of building, to expend the whole sum upon the foundation and a small part of the superstructure. At the meeting of the two houses in December of this year, the governor laid before them the condition of the building. The legislature.
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with reluctance gave, as the only alternative, £10,000 more to complete the palace. When finished it was pronounced the most superb building in the United Provinces. The governor was grati- fied, and the people incensed. The taxes had been burdensome- the palace rendered them intolerable.
On the 21st of May, 1768, the Regulators had another meeting, and determined to petition the governor direct, and prepared their address ; which, with a copy of their proceedings at this and the previous meetings, was sent to His Excellency, by James Hunter and Rednap Howell. In the month of June, these gentlemen waited upon the governor at Brunswick ; and in reply to their peti- tion, received a written document from which the following extracts are made :
" The grievances complained of by no means warrant the ex- traordinary steps you have taken : in consideration of a determina- tion 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 further meetings, either by verbal appointments or advertisement. That all titles of Regulators or Associators cease among you. 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 all these public and documentary proceedings of the Regula- tors, we see nothing to blame, and much to admire. On these principles, and to this extent of opposition, the whole western counties were agreed. The most sober and sedate in the com- munity were united in resisting the tyranny of unjust and exorbi- tant taxes ; and had been aroused to a degree of violence and op- position difficult to manage and hard to quell. And the more restless and turbulent and unprincipled parts of society, equally aggrieved, and more ungovernable, cast themselves in as a part of the resisting mass of population, with little to gain, but greater license for their unprincipled passions, and little to lose, could they escape confinement and personal punishment. These persons were guilty of lynching the sheriffs, that is, seizing those they found in the exercise of their office, tying them to a black-jack, or other small trees, beating them severely with rods, laughing and shouting to see their contortions ; they would rescue property which had been seized for taxes, often with great vio- lence ; and on one occasion, in April, 1768, proceeded to fire a few shots upon the house of Edmund Fanning in Hillsborough. These
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FIRST BLOOD SHED IN THE REVOLUTION.
unjustifiable acts were charged upon the party ; and the Regula- tors were made accountable for all the ill that wicked men chose to perpetrate under the name of struggling for liberty ; while it is well known that the leaders of this oppressed party never expressed a desire to be free from law or equitable taxation. The gover- nor's palace, double and treble fees and taxes without reason, drove the sober to resistance, and the passionate and unprincipled to outrage. But there were cases of injustice most foul and crying that might palliate, where they could not justify, the violence that followed ; such as taking advantage of the quietness of the Regu- lators to seize a man's horse with the bridle and saddle, and selling them for four or five dollars to an officer, to pay taxes resisted as illegal.
The sheriff had taken advantage of a peculiar conjuncture of events to seize two of the leading men. A meeting had been . agreed upon to be held on the 20th of May, 1768, when the sheriff and vestrymen would meet a deputation from the Regula- tors, and give them satisfaction. Previous to that day a messen- ger came from the governor with a proclamation against the Regu- lation as an insurrection ; the sheriff immediately, with a party of thirty horsemen, rode some fifty miles, and seizing Harmon Hus- bands and William Hunter, confined them in Hillsborough jail. The whole country arose, and making an old Scotchman of some seventy years of age, Ninian Bell Hamilton, their leader, marched towards Hillsborough to the rescue. When they reached the Eno, they found the prisoners set free, with this condition laid upon them among others-" nor show any jealousies of the officers taking extraordinary fees." When the Regulators reached the Eno, Fanning went down to meet them with a bottle of rum in one hand and of wine in the other, and called for a horse to take him over-" ye're nane too gude to wade," replied the old Scotch- man. Fanning waded the river, but no one would partake of his refreshments, or listen to his statements. The governor's messen- ger, who had just then returned, rode up to them, read the governor's message, and assured them that, on application to the governor, he would redress their grievances and protect them from extortion and oppression of any officer, provided they would disperse and go home. The whole company cried out, "agreed ! agreed !" and immediately dispersed. This event preceded the visit made by Hunter and Howell to the governor.
Early in July, 1768, the governor arrived in Hillsborough, and issuing a proclamation, as he had promised Hunter and Howell,
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SKETCHES OF NORTH CAROLINA.
excited the expectations of the country that some redress would be granted. But sending the sheriff to collect the taxes, and with him a letter addressed to the people of a similar import with his proclamations and previous letters, these fond expectations were all broken, and the excited people drove off the sheriff with threats of his life if he persisted in his efforts, and sent a reply to the gov- ernor. On a false alarm, a large body of the Regulators assem- bled in arms, on the night of the 11th of August, near Hillsbo- rough. The nearest companies of militia were called upon ; and a large body assembled to defend the governor from injury or insult. The better part of the community were averse to the irregu- larities of those lawless spirits who, attaching themselves to the cause of liberty, greatly impeded its progress ; and desired to go- vern themselves and persuade their neighbors, by reason, to gain the justice they demanded. Frequent communications passed be- tween the governor and the leaders of the Regulators before the session of the superior court, Sept. 22d, at which Husband and Butler were to be tried ; and the demands of His Excellency always implied absolute submission ; while the Regulators insisted on protection. On the day of trial, between three and four thousand people assembled near the town, but no violence was committed ; the court proceeded ; Husbands was acquitted ; Hunter and two others were found guilty of riot, fined heavily and committed to jail, from which two soon found the means of escape, and all soon received the pardon of the governor. A number of indictments were found against Fanning ; he was pronounced guilty on all, and fined one penny each.
After this display of justice, the governor issued a proclamation of a general pardon to all who had been engaged in the late riotous movements, except thirteen individuals designated by name. These were probably esteemed by the governor as principal men among the Regulators in Orange county, and their names are pre- served, James Hunter, Ninian Hamilton, Peter Craven, Isaac Jackson, Harmon Husbands, Matthew Hamilton, William Payne, Ninian Bell Hamilton, Malachy Tyke, William Moffat, Christo- pher Nation, Solomon Goff, and John O'Neil. Supposing the country sufficiently pacified, the governor returned to his palace, soon to find that the people were neither deceived nor dispirited.
The course of events in the upper country flowed on in a dis- turbed channel, during the remaining part of the year 1768, the whole of 1769 and 1770. The Regulators held their meetings, often in an excited, but never in a dissipated manner, and con-
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FIRST BLOOD SHED IN THE REVOLUTION.
tinued to throw more and more difficulties in the way of the sheriffs and other officers, whose exactions increased by impunity. All classes felt the evil, and a greater number than formerly de- termined on resistance. In March, 1770, Maurice Moore reported to the governor from Salisbury, where he had gone to hold the superior court,-" that the sheriffs of the several counties of that district, complained heavily of the opposition made to them in the exercise of their duties, by the Regulators ; that it was impossible to collect a tax or levy an execution ; plain proofs, among others, that their designs have even extended farther than to promote a public inquiry into the conduct of public officers :" and he prayed that it might not be found necessary to redress the evil " by means equal to the obstinacy of the people."
On the records of the superior court in Hillsborough, under date of Sept. 24th, 1770, is the following entry, which requires no comment. " Several persons styling themselves Regulators, assembled together in the court-yard under the conduct of Husbands, James Hunter, Rednap Howell, William 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. They then insisted that the judge (Richard Henderson being the only one on the bench) should proceed to trial of their leaders, who had been indicted at a former court, and that the jury should be taken out of their party. Therefore, the judge finding it impossi- ble to proceed with honor to himself and justice to his country, adjourned the court until to-morrow at 10 o'clock ; and took ad- vantage of the night and made his escape, and the court adjourned to meet in course."
The next entry is as follows, viz. :
" March term, 1771. The persons styling themselves Regula- tors, under the conduct of Harmon Husbands, James Hunter, Red- nap Howell, William Butler, and Samuel Divinny, still continuing their riotous meetings, and severely threatening the judges, lawyers, and other officers of the court, prevented any of the judges or lawyers attending. Therefore, the court adjourned till the next September term." So it appears there was no superior court in Orange for a year ; and in Rowan the course of justice was greatly impeded.
To these acts of rebellion, unfortunately, were added acts of personal violence that called the governor from his palace, with his armed force to revenge. Immediately after the adjournment of the
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court, a lawyer, Mr. John Williams, on his way to the court- house, was met by a number of individuals, who seized and beat him severely in the streets. Edmund Fanning, the person most obnoxious to the community, was seized in the court-house, dragged out by his heels, severely beaten, and kept in confinement during the night. In the morning, when it was discovered there would be no court, he was beaten again ; his fine house, which occupied the site of the present Masonic Hall, was torn down, and his elegant furniture destroyed. While the buildings on the pre- mises were falling under the hands of the Regulators, a bell, which had been procured for the Episcopal church, and deposited with Fanning for safe keeping, was discovered. The cry was raised, " it's a spice mortar ;" and in a twinkling, Fanning's spice mortar was scattered in fragments.
The excited multitude then proceeded to the court-house ; ap- pointed a man by the name of Yorke as clerk ; set up a mock judge ; called over the cases ; directed Fanning to plead law ; and pronounced judgment in mock gravity and ridicule of the court, and law, and officers, by whom they felt themselves aggrieved. Henderson informed the governor, and urged his special attendance, and proposed the calling of the Assembly. Soon after, the house, barn, and out-buildings of the judge, were burned to the ground.
The governor postponed the calling of the legislature till the usual time ; and received them in the palace, which had just been completed, amidst the confusion of the upper country, so greatly aggravated by its erection. Vigorous measures were proposed to restore peace to the upper country ; four new counties were set off -Guilford, Chatham, Surry, and Wake. With the hopes of divid- ing the attention of the people, a proclamation was issued forbid- ding merchants, traders, or others, to supply any person with pow- der and shot, or lead, till further notice ; and finally it was deter- mined to proceed to extremities, and on the 19th March, 1771, the governor issued his circular to the colonels and commanding offi- cers of the regiments, stating the grievances the government was suffering ; he adds-" You are to take fifty volunteers from your regiment, to form one company," &c., offering, at the same time, liberal rations, bounty and pay. No little difficulty was found in collecting the necessary forces, from the great unwillingness of the militia to march against men, in whose doings there was so much to justify, and so little to condemn and punish.
On the 9th of May, after many delays, he was encamped, as
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FIRST BLOOD SHED IN THE REVOLUTION.
we have said, on the banks of the Eno, near Hillsborough. General Hugh Waddel had been directed to march with the forces of Bladen and Cumberland, and to rendezvous in Salisbury, and collect the forces from the western counties, and join the governor in Orange, now Guilford. While he was encamped at Salisbury, waiting for the arrival of ammunition from Charleston, the exploit known in tradition as the Black Boys was performed by a company of men in Cabarrus county, who, lying in wait in disguise, with blackened faces, intercepted the convoy of ammunition between Charlotte and Salisbury, routed the guard, blew up the powder, and escaped unhurt.
Having crossed the Yadkin, Waddel found a large company of Regulators assembled to prevent his advance ; his own men were many of them averse to violence, and others strongly in favor of the insurgents, and were falling away from his ranks. Upon receiving threats of violence if he continued to advance, in a council of officers, he determined to retreat across the Yadkin.
" GENERAL WADDEL'S CAMP, " Potts' Creek, 10th May, 1771. 5
" By a Council of Officers of the Western Detachment :-
" Considering the great superiority of the insurgents in number, and the resolution of a great part of their own men not to fight, it was resolved that they should retreat across the Yadkin.
" William Lindsay, Griffith Rutherford,
Ad' Alexander, Saml. Spencer,
Thos. Neel, Robert Harris,
Saml. Snead,
Fr. Ross, Robt. Schaw,
Wm. Luckie.
" May 11th, Captain Alexander made oath before Griffith Rutherford, that he had passed along the lines of the Regulators in arms, drawn up on ground he was acquainted with. The foot appeared to him to extend a quarter of a mile, seven or eight deep, and the horse to extend one hundred and twenty yards, twelve or fourteen deep."
On Waddel's retreat the Regulators pressed on him, and many of his men deserting, he reached Salisbury with a greatly dimi- nished force, and immediately despatched a messenger to Tryon to warn him of the common danger. The governor, already alarmed at the reports that came in, of forces gathering on the Alamance, on the route to Salisbury, raised his camp immediately,
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and on the 13th of May crossed Haw River; and on the evening of the 14th, encamped within six miles of the Regulators, on the Alamance. On the 15th, the Regulators sent a message to the governor making propositions of accommodation, and asking an answer in four hours. He promised them one by noon the next day. In the evening, Captain Ashe and Captain John Walker being caught out of camp, by the Regulators, were tied to trees, severely whipped, and made prisoners. On this, as on the preced- ing night, one-third of the forces was under arms all night. On the 16th, Tryon began his march at daybreak, and moved on silently within half a mile of the insurgents, and there proceeded to form his line, the discharge of two cannon being the signal. Here Rev. David Caldwell, who, at the solicitations of his parish- ioners and acquaintances, some of whom were with the Regulators, had visited Tryon's camp on the 15th, in company with Alexander Martin, afterwards governor of the State, to persuade the gover- nor to mild measures, again visited the camp, and it is said obtained a promise from the governor that he would not fire until he had tried negotiation. Tryon sent in his reply to the Regu- lators, demanding unconditional submission, and gave an hour for consideration : they heard with great impatience a first and second reading. Both parties advanced to within about three hundred yards of each other ; Tryon sent a magistrate to the insurgents with a proclamation to disperse within an hour, and also commenced a negotiation for an exchange of Captains Ashe and Walker. Robert Thompson, who had with some others come into the camp to negotiate with the governor, was detained as a prisoner, and at- tempting to leave camp without liberty, the governor seized a gun and shot him dead with his own hand. A flag of truce sent out by him was immediately fired on by the excited people, many of whom were near enough to witness the circumstances of Thompson's death. The parties had gradually been drawing nearer and nearer to each other, the insurgents somewhat irregularly, till their lines in places almost met. The governor gave the word "fire," his " men hesitated, and the Regulators, many of them with rude antics, dared them to "fire." "Fire !" cried the governor, rising in his stirrups ; "fire ! on them or on me !" and the action began. The cannon were discharged, and the military commenced firing by platoons ; the Regulators in an irregular manner from behind trees. Some stout young men of the Regulators rushed forward and seized the cannon of the governor, but not knowing how to use them, speedily gave them up and retreated. A flag of truce
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