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 3

Author: Fitch, William Edward, 1867-
Publication date: 1914
Publisher: New York : Fitch
Number of Pages: 638


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 3


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17


"There are deeds that should not pass away And names that must not wither ; tho' the earth Forgets her empires with a just decay,


The enslavers and enslaved, the death and birth."


"Men will not be able to fully understand North Carolina until they have opened the treasures of her history and become familiar with the daring deeds of her brave sons before and after the 'War of the Regulators.' The names of those who participated in these trying


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scenes are still preserved in North Carolina by their descendants, who are distinguished, as were their ancestors, by their intellect and pro- prieties."


William Tryon, prior to his appointment as Lieutenant-Governor of the Province of North Carolina in 1764, held an office in the British Army. ( See Appendix A.) He secured his commission. it is said, through the influence of his sister, Miss Tryon, a maid-of-honor to the Queen. The Governor's tastes and desires for luxury were gratified in 1767 by carrying out his scheme of taxing the colony to erect a palace, and to accomplish his plans he devoted all the intrigue of the politician and the bold- ness of the soldier by taxing the Colonists 20,000 pounds sterling ($100,000) to build his palace at Newberne, the capital. ( Wheeler's History of North Carolina. )


To a people in an embryonic state of society with but few resources and less money, this bold determination on the part of the Gov- ernor to gratify his royal vanity was produc- tive of serious results.


The building at this date was superior in beauty, finish. and architectural design to any- thing of its kind in either North or South America. (Wheeler's History of North Caro- lina. ) Judge Martin says he visited this edifice in 1783 in company with the unfortunate Gen.


Front View of Tryon's Palace.


ـنسـ


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Don Francisco de Miranda, of South America, who stated that "even in South America, a land of palaces, it had no equal."


The edifice stood at the foot of St. George Street. The view given in the illustration was from the north front of the building toward the town. The center edifice was the palace, the right wing was the secretaries' offices. the left wing was the kitchen, store-rooms and ser- vants' dormitory. The wings were connected with the palace by. a covered curviform colon- nade of five columns each. Between these wings and in front of the palace was a hand- some court. The rear of the building was finished after the style of the Mansion House in London. The building was constructed of brick and marble imported from England. The cornices and mantles in the council-chamber, dining-hall. ball-room, and drawing-rooms were made of beautifully carved Italian marble. The great hall contained four niches for statu- ary. The palace was burned in 1798, though the foundation walls and the right wing are still standing.


Governor Tryon dedicated his palace to his friend Sir William Draper, who is said to be the author of the lines placed over the door of entrance :


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"Rege pio felix diris inimica tyrannis Vertuti has aedes libera terra dedit,


Sint domus et dominus saeclis exempla futuris, Hic astes mores, jura legesque colnat."


When translated into English verse from Francis Xavier Martin's History of North Carolina it reads as follows :


"In the reign of a monarch who goodness disclaimed A free and happy people, to dread tyrants opposed, Have to virtue and merit erected this dome.


May the owner and household make this their loved home,


Where religion, the arts, and the laws may invite Future ages to live in sweet peace and delight."


How complete a burlesque upon its origin, object and tendency! But its princely halls offered little comfort to its vain occupant, for while he was feasting, wining, and dining to the pleasant strains of music, the colonists were becoming more restless under the YOKE of oppression which he had forced upon them.


CHAPTER II


--


Harmon Husband, Member of General Assembly from Orange County ; His Arrest While Attending Meet- ing of General Assembly; Governor Tryon's Procla- mation to Weaken Organization of the Regulators; the Causes Leading to the Confederation of the Reg- ulators; Proofs That the Regulators Were Justifi- able in Their Acts and that They Had Just Cause for Grievances; the Royal Governor's Reports to Lord Dartmouth; Convention of Regulators and County Officers at Mrs. Steele's Inn at Salisbury on March 7, 1771; Governor Tryon's Letter to Maurice Moore Pertaining to This Meeting; Unequal Rep- resentation of Western Counties as Compared With Eastern Counties ; the Atticus Letter; the Sheriff of Orange County Sells "Home-spun" Dress at Auc- tion from a Poor Woman's Back for Her Husband's Taxes.


In 1769, 1770 and 1771 Harmon Husband was a member of the Lower House of the Gen- eral Assembly from Orange County, but his presence was, of course, not very agreeable to the Governor, and his conduct while there, if accounts be true, was not calculated to con- ciliate one of Tryon's temper. The continued extortions of sheriffs and other county officers led to the assembling of the people to discuss the abuses of power, seeking redress for their


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grievances. We reproduce here the "advertise- ments of their four (4) first meetings."


(REGULATOR ADVERTISEMENT NO. I.)


August. 1766.


Whereas that great good may come of this great de- signed Evil, the Stamp Law, while the sons of Liberty withstood the Lords in Parliament in behalf of true Lib- erty, let not Officers under them carry on unjust Oppres- sion in Our own Province in order thereunto, as there is many Evils of that nature complained of in this County of Orange in private amongst the Inhabitants thereof ; let us remove them (or if there is no cause), let us re- move the jealousies out of our minds.


Honest Rulers in power will be glad to see us examine this matter freely; there is certainly more honest men among us than rogues, & yet rogues is harbored among us sometimes almost publickly ; every honest man is will- ing to give part of his substance to support rulers and laws to save the other part from rogues, and it is his duty as well as right to see and Examine whether such rulers abuse such trust, otherwise that part so given may do more hurt than good, even if all were rogues; in that case we could not subsist, but would be obliged to frame laws to make ourselves honest, and the same reasoning holds good against the notion of a Mason Club : this tho' it must be desired. by all or the greatest number of men, yet when grievances of such public nature are not re- dressed, the reason is everybody's business is Nobody's; therefore the following proposals is offered to the pub- lick :


An Advertisement.


Let each Neighborhood throughout the COUNTRY meet together and appoint one or more men to attend a general meeting on the Monday before the next Novem- ber Court at a suitable place, where there is no Liquor to be had (at Maddock's Mill. if no objection), at which meeting let it be judiciously inquired whether the free men of this Country labor under any abuses of power or not, and let the same be notified in writing if any is


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found, and the matter freely conversed upon and proper measures used for amendment; this method will. cer- tainly cause the wicked men in power to tremble, and there is no damage can attend such a meeting, nor noth- ing hinder it but a cowardly, dastardly Spirit, which if it does in this time while Liberty prevails, we must mutter and grumble under any abuses of power until such a noble spirit prevails in our posterity ; for take this as a maxim, that while there are men, though you should see all those "Sons of Liberty" (who has just now reduced us to Tyranny) set in Offices and vested with power, they would soon corrupt again and oppress, if they were not called upon to give an account of their Stewardship.


(Col. Rec. of N. C., Vol. VII, pp. 249, 251.)


(REGULATOR: ADVERTISEMENT NO. 2.)


At a meeting of the Neighborhood of Deep River, the 20th of August, 1766, unanimously agreed to appoint W'm. Cox and Wm. Masset to attend a general meeting on the first Monday before the November Court, at Mad- dox Mill, on Enoe River, where they are to judiciously examine whether the true men of the country labor under any abuses of power, and in particular to examine into the Publick Taxes, and inform themselves of every par- ticular thereof, by what Law and for what uses it is laid, in order to remove some jealousies out of our minds; and the representative vestrymen and other Officers are requested to give the members of said meeting what in- formation and satisfaction they can, so far as they value the good will of every honest. Freeholder and the exe- cuting of public offices pleasant and delightsome.


(REGULATOR ADVERTISEMENT NO. 3.)


At a meeting of the Inhabitants of Orange County on the Ioth of October, 1766, for a conference of Publick Affairs with our representatives and vestrymen, &c., it was the judgment of the said meeting that by reason of the extent of the County no one man in a general way was known by above I-10 men of the inhabitants, for which reason such a meeting ( for a Public and free Con- ference yearly, and as often as the case may require), was absolutely necessary in order to reap the profit de-


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signed us in that part of our Constitution of choosing representatives and knowing of what uses our money is called for.


We also conceive such a representative would find him- self at a loss to answer the designs of his constituents if deprived of consulting their minds in matters of weight and moment. And whereas at the said meeting none of them appeared, tho' we think properly acquainted with our appointment and request. yet as the thing is some- what new in the County, though practised in older Gov- ernments, they might not have duly considered the reas- onableness of our request. We therefore conclude that if they are hereafter inclinable to our requests, and answer it, we will attend them at some other time and place, on their giving us proper notice. It is also our judgment that on further mature deliberation the Inhabitants of this County will more generally see the necessity for such a conference and the number increase in favour of it to be continued yearly.


Ordered that a copy of the above be delivered to each of our representatives & another Copy set up in Publick at next General Muster. .


Their objection sent was because we had used the word Judiciously.


(Col. Rec., Vol. VII, pp. 251, 252.)


(REGULATOR ADVERTISEMENT NO. 4.)


We, the underwritten subscribers. do voluntarily agree to form ourselves into an Association to assemble our- selves for conferences for regulating Publick Grievances and Abuses of Power in the following particulars, with others of like nature that may occur :


Ist. That we will pay no taxes until we are satisfied they are agreeable to Law and Applied to the purpose therein mentioned, unless we cannot help and are forced.


2nd. That we will pay no Officer any more fees than the Law allows, unless we are obliged to do it, and then to show a dislike to it & bear open testimony against it.


3rd. That we will attend our meetings of Conference as often as we conveniently can or is necessary in order to consult our representatives on the amendments of such Laws as may be found Grievous or unnecessary, and to choose more suitable men then we have heretofore done


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for Burgesses and Vestrymen, and to petition His Ex- cellency our Governor, the Hon'ble Council and the Wor- shipful House of Representatives, His Majesty in Par- liament, &c., for redress of such grievances as in the course of this undertaking may occur, and inform one another & to learn, know and enjoy all the Privileges & Liberties that are allowed us and were settled on us by our worthy ancestors. the founders of the present Con- stitution, in order to preserve it in its Ancient Founda- tion, that it may stand firm and unshaken,


4th. That we will contribute to collections for defray- ing necessary expenses attending the work according to our abilities.


5th. That in cases of difference in judgment we will submit to the Majority of our Body.


To all of which we do solemnly swear, or, being a Qua- ker or otherwise scrupulous in Conscience of the com- mon Oath, do solemnly Affirm that we will stand true and faithful to this cause until We bring them to a true Regulation according to the true intent & meaning of it in the judgment of the Majority.


(Col. Rec., Vol. VII, pp. 672, 673.)


The Regulators organized first in April. 1766. in Orange County, had refused partly by the influence of Harmon Husband to pay the taxes demanded by the sheriffs and he undertook to act as sheriff by collecting the exact amount of tax lawfully due from every Regulator in the county, and took it with him to the Capitol. When the two houses were in session and when his name was called as a member from Orange County, Governor Tryon, in a haughty tone, demanded the reason why the King's subjects in his county had refused to pay their taxes. Walking to the Speaker's desk with the firm- ness, plainness, and boldness of a Quaker, and


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throwing a bag of specie on the table in front of the Governor, Husband replied, "Here, sir, are the taxes which my people refused your roguish sheriff." (Lossing; Field Book of the Revolu- tion, Vol. 2, p. 571 ; Dr. Caruthers's Life of Dr. Caldwell, p. 575.) "I brought it to keep it from dwindling, seeing that when money passes through so many fingers, it, like a cake of soap, grows less at each handling. The people have sent it down by their commoner and I am now ready to pay it over to the treasurer if he will give me a receipt to show my people that the money has been paid."


This incident shows that the Colonists were willing to pay just and honest taxes, and it also shows their confidence in Husband, who afterwards became one of the foremost leaders of the Regulators.


The Governor eyed him with contempt and wanted to have him arrested on various pre- texts. Calling his Council together he submit- ted the propriety of it to their consideration, but they disapproved ; however, at his request, Chief Justice Martin Howard, who, as it ap- pears, was also a member of the Council, issued a warrant for his apprehension and committed him to jail in Newberne (Col. Rec. of N. C .; Vol. 8, pp. 9, 546), where he was confined for some days, but he was released when the Governor heard that a band of Regulators,


Husband Tossing the "Taxes" on the Table Before the Governor.


Facing page 52.


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1


about 2,000 strong, had crossed Haw River and were on their way to the Capital to take him from prison. (Col. Rec. of N. C., Vol. 8, pp. 500, 646. )


In order to weaken the organization of the Regulators, Governor Trvon had Orange County divided, and erected three new counties (Col. Rec. of N. C., Vol. 8, pp. 341. 481) one, of parts of Orange, Cumberland and Johnson- called Wake County; another of parts of Rowan and Orange-called Guilford County : another from parts of Anson and Orange- called Chatham County. He also had an act passed (Appendix C) making it unlawful for any number of persons above ten meeting to- gether. and issued a proclamation to merchants and others prohibiting them from selling or supplying any person or persons with powder. shot, or lead until further notice. ( Col. Rec. of N. C., Vol. 8. p. 481 : Lossing, Field Book of the Revolution. Vol. 2, p. 575.)


*The causes that led to the confederation of the Regulators were: First, The want of a circulating medium sufficient in volume for the


*Colonel Joseph M. Morehead, in an address deliv- ered at Guilford Battle-ground, July 3, 1897. "On the Life and Times of James Hunter," "General" of the Regulators, defends the cause of the Regulators, evinc- ing a research unsurpassed by any writer, and so just to North Carolina and the cause of the oppressed Reg- ulators that I hope to be pardoned for drawing almost


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needs of the province; England prohibiting the colony from emitting a currency that all knew to be essential to its progress. Second, Extrav- agant taxation by the Governor and the legis- lature, and the failure rightfully to apply and account for the taxes raised. Third, Religious intolerance. Fourth, The peculation and extor- tion upon the people of officials from the Chief Justice down. ( Col. Rec. of N. C., Vol. 7, 9 and 10, Pref. Notes. )


We can do the truth of history no greater service than to point honest inquiry to the prefatory notes of the Colonial Records of North Carolina by the late gifted and patriotic William L. Saunders .. ( Vols. 7, 8, 9 and 10.)


From these rather recent reproductions of the originals in the British archives and else- where, a few extracts will prove that from the beginning to the end of these troubles right and justice were on the side of the Regulators, their enemies being their judges. We quote first from Lord Tryon himself.


In a letter-misleading, explanatory, and apologetic upon its face-he writes the home government in England and says:


entirely upon it for the facts which led to the organiza- tion of the Regulators. Colonel Morehead has ex- hausted the sources of information on this portion of the Colonial History of North Carolina, and nothing can be added to it; and as far as the writer can judge, nothing can be taken from it without marring the truth,


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"To say that the insurgents had not a color for their shewing dissatisfaction at the conduct of their public officers would be doing them an injustice; for on a prosecution in the Superior Court carried on by the Attorney-General by virtue of my directions, both the register and clerk of the court were found guilty of taking too high fees." (Col. Rec. of N. C., Vol. 7, p. 884; see Copy of Court Records, p. 169.)


The officer here found guilty of extortion and corruption in office was the infamous Ed- mund Fanning. An advisari was taken by the court and the culprit never punished, though three Regulators, "all that were tried" ( Col. Rec. of N. C., Vol. 7, p. 885), were convicted. fined heavily, and imprisoned-and Fanning was advanced by Tryon.


Governor Josiah Martin succeeded Tryon in the governorship of the Province in August, 1771, just after the Battle of Alamance, fought on the 16th of May preceding. Governor Mar- tin, though commissioned several months pre- viously, failed, because of sickness, to arrive within the Province until the II'th of August. Meanwhile the battle had been fought and Tryon had gone to New York. On the 15th, four days after his arrival in Newberne, Mar- tin wrote the home government in regard to the recent suppression of the Regulators and Tryon's connection therewith as follows :


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"The ability and address with which that gentleman has acquitted himself leave me noth- ing to lament on the public account, but for myself I feel sensibly in being precluded all share of the honor attending this very seasona- ble and glorious exertion of the loyal spirit of this Province, so happily directed by Mr. Tryon to secure respect to the laws and to give. . vigor and stability to his Majesty's govern- ment," etc. (Col. Rec. of N. C., Vol. 9, pp. 16, 17.)


But the next August, 1772, Martin visited Hillsborough and Guilford, the "hot-bed" of the Regulators, according to Tryon, and on the 30th of that August he wrote home to this effect :


"My progress, my Lord, through this coun- try has opened by eyes exceedingly with respect to the commotions and discontents that have lately prevailed in it. I now see most clearly that they have been provoked by insolence and cruel advantage taken of the people's ignor- ance by mercenary, tricky attorneys, clerks, and other officers, who have practiced upon them every sort of rapine and extortion. Hav- ing brought upon themselves their (the peo- ple's) just resentment, they engaged govern- ment in their defense by artful misrepresenta- tions, so that the vengeance of the wretched people aimed at their heads was directed against


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the constitution; and by this stratagem they threw an odium upon the injured people that by degrees begot prejudice which prevented a full discovery of their grievances. Thus, my Lord, as far as I am able to discern, the re- sentment of the government was craftily work- ed up against the oppressed, and the protect- tion, which the oppressors treacherously ac- quired where the ignorant and injured people expected to find it, drove them to acts of des- peration and confederated them into violences, which your Lordship knows induced blood- shed, and, as I verily believe, necessarily.


"Inquiries of this sort, my Lord, I am sensi- ble are invidious; nor would anything but a sense of duty have drawn from me these opin- ions of the principles of the past troubles of this country." (Col. Rec. of N. C., Vol. 9, p. 330. )


Earl Dartmouth, then Secretary for the Col- onies, replied :


"I have not failed to give attention to the re- marks you make upon the state of the back set- tlements, the temper and character of the in- habitants, and your own opinion of the origin of these discontents, which produce such disa- greeable consequences; and I must confess to you that I see but too much reason to believe that those deluded people would not have been induced to involve themselves in the guilt of rebellion without provocation. But it is neither


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fit nor necessary for me to recur to transactions of so disagreeable a complexion, not doubting that the late Governor had examined into and redressed their grievances," etc.


Whereas the late Governor had done noth- ing of the kind.


One of Tryon's three Superior Court Judges, who was first to recommend bayonets and bul- lets, and declare the paralysis of the civil arm, and who condemned to speedy death the un- happy prisoners taken at the Alamance, is credited with the authorship of the "Atticus" letter. (Moore's History of North Carolina, Vol. I, p. 100; Col. Rec. of N. C., Vol. S, p. 718.) This letter was written November, 1771, after Tryon had left the Province. It was addressed to Tryon, now Governor of New York. and from it we make these extracts : (See letter in full. p. SI. )


"Your active and gallant behavior in extin- guishing the flame you yourself had kindled does you great honor.


"It seems difficult to determine in which your Excellency is most to be admired, for your skill in creating the cause or your bravery in suppressing the effect."


Governor Josiah Martin had been instructed to issue, upon his arrival within the Province, writs for the election of a new Legislature to succeed that of the spring preceding. He


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assembled the old Legislature, however, under the advice of Tryon and Hassell of the Council. (Col. Rec. of N. C., Vol. 9, p. 17.) It devolved upon this body to meet the experises of the war-£40,000-it had just waged -- when the war was commenced there was only £500 in the treasury-that is, pay themselves largely- which it was believed no other would. Governor Martin's language on this point is this: "It was, however, necessary to keep that, to provide for the present exigencies ; since it is universally agreed that a future assembly would not have been found to do it." (Col. Rec. of N. C., Vol. 9. p. 76.) Many-"a majority". ( Col. Rec. of N. C., Vol. 9, p. 17)-of this legislature had been at the Battle of Alamance and had accom- panied Tryon in his tour westward enforcing the oath of loyalty, etc.


Having assembled at Newberne, then the seat of government. on November 19, 1771. they requested of the Governor a general par- don of all offenses for all Regulators, with an exception of three individuals only, and went to work perfecting the identical measures so long and so ineffectually advocated by the Regula- tors. (Journals of the Assemblies of 1769, 1770, and 1771.)


Governor Martin having arrived in New- berne in August and remained there till No- vember and having been in communication


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with Tryon only before his arrival, was of course imbued with his ideas and views, and in fact party spirit between Tryonites and Mar- tinites, soon to become bitter, had not yet arisen. Nevertheless, he had learned the true cause of the recent war, for in his address to the Legislature of November 19, 1771, having congratulated them "that tranquility and good order have succeeded tumult and violence, which during some time had disturbed so fair a part of this promise," says, "I most heartily congratulate you gentlemen on this event; and I take the first occasion to recommend to you in the most earnest manner to consider of an effectual means to prevent future evils of a like nature; to this end it appears to be neces- sary to give all force and vigor to the laws; to obviate all just grounds of discontent to the people that shall be found to exist; to give them the fullest evidence that is possible of the just administration of the public finances; to correct as far as human prudence may all manner of abuses : and above all things to give every facility to the administration of justice." (Col. Rec. of N. C., Vol. 9, pp. 101, 102.) Taking no umbrage at this, the Legislature promised, in reply, "to provide effectual means to prevent future evils of a like nature ; and we shall rank amongst the first objects of our atten- tion the several matters which your Excellency




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