USA > North Carolina > Alamance County > Some neglected history of North Carolina, being an account of the revolution of the regulators and of the battle of Alamance, the first battle of the American Revolution > Part 16
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As we have just stated, heavy appropriations had great attractions for him, for he was reckless and extravagant in the expenditure of public money. The four appro- priations above mentioned cost the taxpayers of the
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Province of North Carolina $500,000 during the period of six years of his incumbency as Governor.
He was evidently a man of complex nature, in which force and diplomacy and mere foppery, perhaps, con- tended for the mastery; and, too, while ordinarily an amiable man, when his blood was up he was as merciless as a wild beast. The wanton hanging of the lunatic Few, in cold blood, and without any form of trial, the morning after the battle of Alamance, when all pretense of resistance was at an end, showed both the cruelty of the man and the domination Fanning had over him, and the manner in which he ravaged the country of the Regu- lators after they were vanquished was worthy of a Cum- berland in olden times or a Sherman in modern. Equally cruel was the infliction of two hundred and forty lashes upon a man whose greatest crime was writing an "impu- dent letter" to "Lady" Tryon.
Nor, in this regard, was his course in New York any better. Sabine, in his "Sketches of the American Loyal- ists," paints him in very black colors. He says that in 1777, when Governor of New York, Tryon declared that if he had more authority, he would "burn every commit- teeman's house within his reach," and that he would "give twenty-five silver dollars for every acting commit- teeman delivered up to the King's troops;" that when Fairfield was burned, Mrs. Burr, a lady of great dignity of character, and possessed of most of the qualities which give distinction to her sex, resolved to remain in her dwelling, and, if possible, to save it from the flames. She made personal application to Tryon to spare it, but he an- swered her not only incourteously, but rudely, brutally, and with vulgarity, and when a soldier attempted to rob her of her watch, he refused to protect her, and that at the burning of Norwalk he seated himself in a chair on Grammond Hill and calmly enjoyed the scene.
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Among the valuable property destroyed in the Nor- walk fire was a valuable library of one thousand volumes and the household property of Haynes Fitch, grand- uncle, prefixed by several greats, of the author of this volume. This house and the library was converted into ashes, as well as his grain, which was being harvested; that which had been cut, but not bound in the bundles, was spared; as Haynes Fitch said, the day before, ex pecting the British to burn it: "If they wanted to burn it they would have to gather it up and stack it." Conse- quently his was the only crop of wheat not entirely de- stroyed during the Norwalk fire on July 11, 1779.
The Hon. William L. Saunders, editor of the Colon- ial Records of the State of North Carolina, in speaking of Tryon, says that he, like Fanning, was immensely wealthy when he left the Province of North Carolina. This is easy to understand, if he, like Fanning, extorted and oppressed on every opportunity.
(See Vol. VIII. Colonial Records, Prefatory Notes.)
In substantiating the fact of Tryon's ambitions in a military line and his desire for the pomp and aggrandize- ment of military honors, we will quote from a letter of his to the Earl of Hillsborough, Williamsburg, 8th July, 1769 :
One grand principle of my offering my services in America flowed from a wish to be placed in a situation in which I might render my services more beneficially to my Royal master than my station in the Guards would probably allow me to do in time of peace. Another mo- tive was that if happily I could, by a diligent discharge of my office answer the purpose of it. I flattered myself it would recommend me to the King's indulgent consid- eration in my Military line. The first of these objects I have amply obtained by His Majesty's most gracious ap- probation of my public conduct, signified to me both by
:
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your Lordship and the Earl of Shelburn. The fruits of the latter I can only hope from his Majesty's most gra- cious favor ; but upon that I entirely depend, as the Earl of Halifax told me (while Secretary of State) on my departure from England that he had it from the King to assure me I should receive no prejudice in my Military rank while employed in America. If, therefore, in His Majesty's goodness I might be appointed one of his Aide- de-Camps or receive a Regiment through his Royal bounty, in either case I should be gratefully happy. But if a regiment should be my fortune, my unwearied duty would be exerted to keep it as well disciplined and ap- pointed as the company of Grenadiers I reluctantly re- signed to Colonel West.
Permit me, my Lord, to request the favor of you to lay this letter at his Majesty's feet, and to support it with your Lordship's good offices, which will infinitely oblige,
My Lordship, Etc., WM. TRYON. (Col. Rec. of N. C., Vol. VIII, p. 54.)
Herein we learn unmistakably that promotion in a mil- itary line, Tryon being a soldier by profession, was the ultimate end and aim of his earthly aspirations and the goal toward which all his aims and efforts tended.
APPENDIX "B"
LETTER FROM JOHN FROHOCK AND ALEXANDER MARTIN TO GOVERNOR TRYON.
SALISBURY, 18th March, 1771. May it Please Your Excellency :
As you have been ever attentive to the true Interest of the Province during your Administration, and have ex- erted every prudent method to maintain its Public Peace by endeavoring to quell a most dangerous and lawless In- surrection that has of late disturbed this part of your Government, permit us, Sir, to discharge our Duty on this Occasion by informing you to what issue Regulation (as it is called) is brought, and upon what Footing it stands at present in the district of Salisbury.
The Regulators, upon their return from their Expedi- tion to rescue Herman Husbands, formed a design to visit Salisbury Superior Court, which hearing, one of us went down into their Settlements to know the reality of their Intentions, and found them assembled for that pur- pose, though peacefully disposed beyond expectation. On the sixth of this Instant they accordingly appeared to the amount of four or five hundred, encamped in the Woods on this side of the Adkin River. We went to them; found some of them armed and others unarmed ; desired to know their designs and what they wanted. They answered, they came with no intention to disturb the Court or to injure the Person or property of any one, only to petition the Court for a redress of Grievances
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against Officers taking exorbitant Fees, and that their arms were not for offense, but to defend themselves if assaulted. These were the general Answers of their Chiefs, though there were several threats and Menaces of whipping flung out by the lower Characters among them against some particular persons, but not by the general voice. We told them there was not any Court; that from this late Behavior the judges did not think it prudent to hold one at Salisbury under the direction of Whips and Clubs. They seemed somewhat concerned, and said there would have been no danger for the Chief Justice to have held a Court, but as to the Associates they were silent. We further told them if any of us were the persons against whom they had complaints, justly founded, we were always ready and willing to give them satisfaction without their disturbing the Public Peace. They intimated we were some of the persons against whom they were to complain, and to show their disposition for peace and that all disputes between them and us should subside hereafter they formed a Commit- tee to wait on us, and to propose a plan of accommodat- ing matters, who were Jeremiah Fields. Joshua Teague, Samuel Jones, John Vickery, Samuel Waggoner, James Graham, John Enyart, James Hunter, Peter Julian, John Corry, Henry Wade, William Wilborn. Jr., Samuel Law, Thomas Flack, Daniel Galaspie and James Wilson, who proposed, in behalf of the people (as they said), to leave every complaint and dispute subsisting between us to men by each of us to be indifferently chosen, to which we readily agreed as equitable.
Accordingly on their part they nominated Herman Husbands, James Graham, James Hunter and Thomas Person, we in turn chose Matthew Locke, John - Samuel Young and James Smith, that they, or a major- ity of them, should arbitrate and finally settle every dif- ference between us whatsoever. And also fixed the time
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for the meeting of the Arbitrators and every person con- cerned, on the third Tuesday in May next, at John Kim- brough's, on Huwaree. By this Agreement no Officer is included but those of this County and those who volun- tarily join the same. Upon which the main body, after being informed what had been done, went through the Town, gave Three Cheers, and returned to their homes without using violence to any Person whatsoever to our knowledge.
This, may it please your Excellency, is a short detail of what passed between the Regulators and us the sixth and seventh of this Instant, and had they been insolent or daring enough to have committed any outrages, there were, in consequences of Orders given previous to their coming, three Companies of the Militia armed, headed by their respective Officers, Major Dobbins, Captain Rutherford and Captain Berger, ready in town to oppose them and to protect the Court, if there had been any. And on the seventh Day, Col. Alexander and Captain Polk appeared from Mecklenburg with Seventy or Eighty men for the same purpose, to whom the Thanks of This County are justly due. From such appearances of Oppo- sition this deluded people begin to grow sick of Regula- tion, and want peace upon any tolerable Terms. As the spirit of sedition has been propagated with much indus- try among the lower class of Inhabitants here, who are loud in their clamors against the officers, We flatter our- selves the Measures we have taken will be approved of and acceptable to your Excellency, having a tendency to still the minds of many misinformed, misguided, though well meaning, persons, who have been inadvertently drawn into joining the Faction. For we are conscious of our Innocence, and that their complaints are chiefly groundless, and are willing and desirous that any set of reasonable men may inspect and judge our conduct. This, when the populace is once satisfied of, they will drop their
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prejudices and their haughty Leaders, will become Ob- jects of their, as well as the Government Resentment. This procedure we expect will have more effect on their minds than all the Formalities of Law whatsoever, as they would still suggest they had injustice done them. They want, they say, to converse with the Officers who have taken Their Money, to satisfy them for what (this is surely reasonable), and they will all be quiet again. This we have undertaken to do, and Time must produce the effect. If our hopes and wishes be not too sanguine, perhaps this may be the foundation of putting an end to all future Tumult and disorder, and would hope that our conduct by no means reflects any dishonor on the Gov- ernment or lessen the dignity of the Administration to punish those Offenders heretofore guilty of outrages, adequate to their Crimes, but shows the desire and readi- ness of us to remove every complaint they have against us, without involving the Government in a considerable and unnecessary expense. But should these terms not have the desired effect, the aggravation of their guilt will surely be much the greater. Upon the whole, we submit these proceedings to Your Excellency's wiser Judgment, and flatter ourselves with the Approbation. We assure you, Sir, we shall always be fond of whatever Instructions you shall please to honor us with relative to our future conduct, in which the peace and welfare of the Government is so much concerned. We are, with our utmost Respect, Etc.,
JOHN FROHOCK. ALEX. MARTIN.
(See Colonial Records, Vol. VIII, pp. 533-34-35-36.)
... ..
APPENDIX ,"C"
An Act for Preventing Tumultuous and Riotous Assem- blies, and for the More Speedy and Effectually Pun- ishing the Rioters, and for Restoring and Preserving the Public Peace of This Province.
Whereas of late many seditious riots and tumults have been in divers parts of this Province to the Disturbance of the Public Peace, the Obstruction of the Courts of Justice, and tending to subvert the Constitution, and the same yet continued and fomented by persons dissatisfied with his Majesty's Government. And whereas it hath been doubted by some how far the Laws now in Force are sufficient to inflict Punishment adequate to such heinous Offenses.
Be it therefore enacted by the Governor, Council and Assembly, and by the Authority of the same, That if any persons, to the number of ten or more, be unlawfully, tumultuously and riotously assembled together, to the disturbance of the public peace, at any time after the first Day of February next, and being openly required or commanded by any one or more justices of the Peace or Sheriff to disperse themselves, and peaceably to depart themselves to their Habitations, shall. to the number of ten or more, notwithstanding such command or request made, remain or continue together by the space of one Hour after such Command or Request, that then contin- uing together to the number of ten or more, shall be ad- judged Felons and shall suffer Death as in Case of Fel-
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ony, and shall be utterly excluded from his or her clergy, if found guilty by verdict of a jury or shall confess the same, upon his or their arraignment, or will not answer directly to same, according to the Laws of this Province, or shall be mute or shall be outlawed, and in every such justice of the Peace and Sheriff within the limits of their respective jurisdiction, as hereby authorized and em- powered. and required on Notice or knowledge of any such unlawful, riotous assembly to resort to the place where such unlawful riots and tumultuous assembly shall be, of Persons to the number of ten or more, and there to make, or cause to be made, such Request or Command.
And be it further enacted by the authority aforesaid, that if such persons so unlawfully, riotously and tumult- uously assembled, or ten or more of them. after such re- quest or command made in manner aforesaid, shall con- tinue together and not disperse themselves in one hour, then it shall be lawful to and for every Justice of the Peace or Sheriff of the County where such Assembly shall be, and also to and for such Person or Persons as shall be commanded to be aiding and assisting to any such justice of the Peace or Sheriff, who are hereby au- thorized and empowered and required to command all His Majesty's subjects of this Province of Age and Abil- ity to be assisting to them therein to seize and apprehend such persons so unlawfully, and riotously and tumult- uously continuing together after such Request or Com- mand made aforesaid, and forthwith to carry the Persons so apprehended before one or more .of His Majesty's Justices of the peace of the County where such persons shall be apprehended in Order to their being proceeded against for such Offenses according to Law. And that if such persons so unlawfully and riotously and tumult- uously assembled together, shall happen to be killed, maimed, wounded or hurt in the dispersing, seizing, or apprehending, or endeavoring to disperse, seize or appre-
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hend them, by reason of their resistance, that in every such case, the Justice of the Peace, Sheriff, or under sheriff, and all other persons being aiding or assisting to them, or any of them, shall be free, discharged and in- demnified, as well as the King, his Heirs and Successors, as against all and every other person and persons of, for and concerning the killing, maiming or hurting any of such person or persons so unlawfully, riotously and tu- multuously assembled.
And be it further enacted by the Authority aforesaid, that if any Persons to the Number of Ten or more, un- lawfully, riotously and tumultuously assembled together to the disturbance of the Public Peace, shall unlawfully and with force at any time after the first Day of March next, during the sitting of any of the Courts of Judaca- ture within the Province, and with the intention to ob- struct or disturb the Proceedings of such Court, assault, beat or wound or openly threaten to assault, beat or wound any of the Judges, Justices or other officers of such Court, during the continuance of the term, or shall assault, beat or wound or openly threaten to assault, beat or wound, shall unlawfully and with Force hinder or obstruct any Sheriff, Coroner, or Collector of the Pub- lic Taxes in the discharge or execution of his or their Offices, or shall unlawfully and with force demolish, pull down or destroy any church or Chapel or any building for religious worship or any Court House or Prison, or any Dwelling House, Barn, Stable or other House, that then every such offense shall be adjudged a Felony. And the Offenders therein, their Leaders, Abettors and Ad- visers, shall be Adjudged felons, and shall suffer death as in due case of Felony, and shall be utterly excluded from his or their clergy; and if found guilty by verdict of a jury, or shall confess the same upon his or their arraignment, or will not answer directly to the same, ac- cording to the laws of this Province, or shall stand mute or be outlawed.
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And whereas it hath been found by experience that there is great difficulty in bringing to Justice those who have been or may be guilty of any of the offenses before mentioned : for remedy thereof, Be it enacted by the au- thority aforesaid. that it shall and may be lawful to and for the Attorney-General of this Province for the time being, or his deputies, to commence prosecutions against any person or persons who may have at any time since the first Day of March last, or shall at any time hereafter commit or perpetrate any of the crimes hereinbefore mentioned, in any superior Court within this Province, or in any Court of Over and Terminer, by the Governor or Commander-in-Chief for the time being, specially insti- tuted and appointed, and the Judges or Justices of such Court, are hereby empowered and required to take cogni- zance of all such crimes and offenses, and proceed to give judgment and award execution thereon, although in a different County or District from that wherein the crime was committed, and that all proceedings thereupon shall be deemed equally valid and sufficient in law as if the same had been prosecuted in the County or District wherein the Offense was committed, any, Law, Usage or Custom to the Contrary notwithstanding.
And be it further enacted, by the authority aforesaid, that the Judges or Justices of such Court of Oyer and Terminer so commissioned shall direct the clerk of the District where such Court of Oyer and Terminer is to be held to issue Writs Venire Facias, and the proceedings thereon to be in all respects the same as directed by an act of the Assembly passed at New Bern in January of the year of our Lord, One Thousand seven hundred and sixty-eight, entitled An Act for dividing this Province into six several districts and for establishing a superior Court of Justice in each of the said districts and regu- lating the proceedings therein, and for providing ade- quate salaries for the Chief Justices and the associate Justices of the said superior Courts.
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Provided. nevertheless, that no Person or Persons heretofore guilty of any of the crimes or offenses in this Act before mentioned, altho' convicted thereof in a dif- ferent County or District from that wherein such Of- fense was committed, shall be subject to any or other or greater punishment than he or they would or might have been had this Act never been made.
And to the end that the justice of the Province be not eluded by the resistance or escape of such enormous Of- fenders. Be it further enacted by the authority aforesaid, that from and after the passing of this act, if any Bill or Bills of indictment be found or presented or present- ments made against any Person or Persons for any of the crimes or offenses hereinbefore mentioned, it shall and may be lawful for the Judges or Justices of the su- perior Court or Court of Oyer and Terminer, wherein such indictment shall be found or presentment made, and they are hereby empowered and required to issue their proclamation to be affixed or put up at the Court House and each Church or Chapel in the County where the crime was committed, commanding the Person or Per- sons against whom such bill of indictment is found or presentment made to surrender himself or themselves to the Sheriff of the County wherein such Court is to be held within sixty days. And in case such Person or Per- sons do not surrender himself or themselves accord- ingly, he or they shall be deemed guilty of the offense charged in the indictment found or presentment made in manner like as if he or they had been arraigned and con- victed thereof by due course of Law ; and it shall be law- ful to or for any Person or Persons to kill or destroy such Offender or Offenders, and such Person or Persons killing such Offender or Offenders shall be free, dis- charged and indemnified, as well as against the KING, his heirs and Successors, as against all and every Person or Persons for and concerning the killing and destroying such Offender or Offenders, and the lands and Chattels
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of such Offender or Offenders shall be forfeited to His Majesty, his Heirs and Successors, to be sold by the Sheriff, for the best price that may be had, at Public vendue, after notice by advertisement for ten days, and the Monies arising from such sale to be paid to the Treas- urer of the District wherein the same shall be sold, and applied afterwards for defraying the contingent charges of the Government.
And whereas by the great Riots and insurrections at the last superior Court held for the district of Hillsbor- ough it may be justly apprehended that some endeavors will be made to punish those who have been guilty of such Riots and Insurrections, as well as those who may hereafter be guilty of the crimes and Offenses hereinbe- fore mentioned: For prevention thereof and restoring Peace and Stability to the Regular Government of this Province. Be it enacted by the Authority aforesaid. that the Governor or Commander-in-Chief for the time being is hereby fully authorized and empowered to order to at- tend Regiments of Militia in this Province, to be under the command of such Officer or Officers as he may think proper to appoint for that purpose. at the Public Ex- pense. to be by him employed in Aid and Assistance of the execution of this Law, as well as to protect the Sher- iffs and Collectors of the Public Revenue in Discharge of their several duties, which draught or Detachments of Officers and Soldiers when made shall be found, pro- vided for. and paid, in the same manner and at the same rates, and subject to the same rules and Discipline as di- rected in case of insurrection in and by Act of the As- sembly made in the year One Thousand seven hundred and sixty-eight, entitled An Act for establishing a Militia in this Province.
And for effectually carrying into execution the pur- poses aforesaid, Be it further enacted by the authority aforesaid. that it shall and may be lawful for the Gov- ernor and Commander-in-Chief for the time being to
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draw upon either or both of the Public Treasurers of this Province, by warrant from under his hand and seal, for the payment of any such sums of Money as shall or may be immediately necessary for the carrying on and performing of such service, and the said Treasurers, or either of them, are hereby directed and required to an- swer and pay such warrants as aforesaid out of the con- tingent fund which shall be allowed in their settlement of the public Accounts.
And be it further enacted by the Authority aforesaid, that if any number of men shall be found embodied and in an armed and hostile manner, to withstand or oppose any Military Forces, raised in Virtue of this Act, and shall, when openly and publicly required, commanded by any Justice of the peace or Sheriff of the County where the same shall happen, to lay down their arms and sur- render themselves, that then and in such case the said Persons so unlawfully assembled and withstanding, op- posing and resisting, shall be considered as traitors, and may be treated accordingly.
And be it further enacted by the Authority aforesaid, that the Justices of every Inferior Court shall cause this Act to be read at the Court House Door, the second Day of each Court for their Counties, and that the Minister, Clerk or Reader of every Parish in this Province shall read or cause to be read at every Church, Chapel or other place of public Worship within their respective parishes. once in every three months at least, immediately after divine service, During the continuance of this Act.
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