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 4
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has recommended as necessary for the attain- ment of that end." ( Col. Rec. of N. C., Vol. 9, p. 104. )
These declarations of Tryon, of his judge, of Governor Martin, the confessions of the home government, and the actions of this Leg- islature established bevond cavil the righteous- ness of the Regulator's cause.
But the plea of Tryon and the Legislature and of their apologists to this day is by way of confession and avoidance. Admitting the jus- tice of the people's complaint and the lawful- ness of their proceedings at first, the allegation is that the association or confederation had de- generated into an uncontrollable and danger- ous mob, despising all law and order, and that having changed their original righteous into . unrighteous purposes, they ought to have been suppressed by arms.
In reply, we ask had their original griev- ances been redressed? On the contrary, their lawful assembling of themselves and respectful petitionings (Col. Rec. of N. C., Vol. 8, pp. 75, 81) to the Governor, the Legislature, and the court had been met with only criminal or designed neglect and the most tyrannical de- nunciations. According to Governor Martin's statement, and as the records show, their unre- dressed wrongs had been greatly aggravated by cruelty and insolence.
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But had the organization degenerated into a mob subject to no control and upon wild and mischievous purposes bent ? Had it become, as is charged in the latest and most complete His- tory of the State, "an intolerable nuisance-an impediment alike to legislation and the adminis- tration of public justice?" ( Moore, Vol. I, p. 127.) Of this court for the administration of "public justice" to which the Regulators final- ly put an end after years of forbearance, Mr. Moore himself says that the records of Hills- borough court are witnesses "of eternal shame resting upon this court" (p. 118). "They allow- ed Governor Tryon with his loose morals and bad passions to sully the reputation of a court that might have been illustrious for rectitude, as it was for the real learning of its judges" (p. 119). That there is "proof positive that on the name of (two of the three members of the court ) should lie the odium of an infamous defeat of justice" (p. 119). And it may be added that the third, according to the evidence. was the most thoroughly and naturally hated judge of the three.
There certainly is intelligent purpose and there is method in the madness that would impede the so-called administration of justice by a court of which there was "proof positive" that it was corrupt; and where peaceable
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remedy has failed, mankind will always justify and applaud resort to violence.
In this connection let us observe, that so late as the fall of 1770, at the most exciting period of the disruption of the court at Hillsborough, James Hunter urged Judge Henderson, then upon the bench. to proceed with the long- delayed causes of the Regulators, and assured him of his own personal safety. Certainly no indignity was offered the judge, which would seem to be proof that Hunter and others still had the crowd well in hand.
However, this charge of intolerable demor- alization is fully disproven by proceeding's had at Salisbury on March 7, 1771, only about two months before the battle. This was a meeting of the civil officers of Rowan County and the Regulators. We reproduce in full the papers then and there drawn up between the parties, entitled, "Agreement for restitution by Rowan County officers to the Regulators." (Col. Rec. of N. C., Vol. 8, p. 521. )
"We, the subscribers, officers of Rowan County, now met at Mrs. William Steele's,*
*Mrs. Elizabeth Steele was known in early Revolu- tionary history as a very patriotic woman and revered for a most praiseworthy act. On February 1, 1781, Gen. Nathaniel Greene spent the night at her house, Steele's Tavern. Dr. Reade, who had charge of the American hospitals at Salisbury, called on the General, and in conversation the General said to Dr. Reade: "I have
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with a committee of the people called Regula- tors, now assembled at the meeting for a redress of grievances of officers' fees and dis- putes, to wit : Mr. James Hunter, Daniel Gillespie (and others) to receive the proposals that shall be offered by the several officers for the approbation of the people, who are desirous of nothing more than justice and peace with . every person whatsoever, and that all debates hereafter may subside, now the several officers hereto subscribed do here agree to settle and pay unto any and every person in the county any and all such sum or sums of money as we or our deputies have taken through inadvert- ence or otherwise over and above what we severally ought to have taken for fees, more than the law allowed or entitled us to receive, without any trouble or law for the recovery of same. And it is further agreed by the com- mittee that when any debate may arise that all persons in this county do give in their demands to such person as shall hereafter be appointed
ridden hard all day in the rain. I. am fatigued, hungry, lone, and penniless." Mrs. Steele overhearing the con- versation, went to her hiding-place and brought out two bags of gold, all she had, the savings of years, and gave them to General Greene, saying, 'take them, you will need the gold; I can do without it.' In her parlor was hanging a picture of George II. General Greene turned the face to the wall and wrote across the back, 'O, George! hide thy face and mourn.'"
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by the people in each neighborhood to see the same and to be determined by the several gentlemen jointly and unanimously chosen between the parties, to wit: Matthew Locke, Harmon Husband, James Smith, James Hunter, Samuel Young, Thomas Pearsons (and others) and their determination. to be final end to all differences whatever, and that they meet at John Kimbrough's on the third Tuesday of May next. Given under our hands this 7th of March, 1771. John Frohock, C. C., William Frohock, D. S., Griffith Rutherford, S., Thomas Frohock, C. S. C., Alexander Martin" (and seven others). (Col. Rec. of N. C., Vol. 8, p. 522.)
In a letter to Tryon from Salisbury, of March 18, Alexander Martin says of these pro- ceedings ( Col. Rec. of N. C., Vol. 8, p. 535) :
"This proceeding we expect will have more effect upon their minds than all the formalities of law whatsoever, as they would suggest that they had 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
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future tumult and disorder." ( For letter in full see Appendix B.)
This is signed by John Frohock and Alex- ander Martin.
The Regulators "urged very hard and strenu- ously" (Col. Rec. of N. C., Vol. 8, p. 520) to be led against troops then within the town, and if from that fact it be inferred that our brave forefathers then and there intended to force justice at any cost, to their everlasting honor be the fact promptly admitted. But, as we see, they were restrained, and with a perfectly legitimate and praiseworthy end in view ; their proceedings were had decently and in order. They had neither lost their moorings nor were they sailing without a compass. James Hunter "and others" were present and still in charge. Of Hunter, some twelve months later, March, 1772, Governor Josiah Martin wrote home:
"Hunter was a most egregious offender ; he was the leader of the insurgents in arms, and was called their general, and has appeared from the beginning a ring-leader in sedition. He is said to have a better capacity than his. associates, who pay him implicit obedience and treat him with a respect savoring of reverence." (Col. Rec. of N. C., Vol. 9, p. 269. )
Daniel Gillespie, whose whole life attests the firm, wise and judicious conservatism of the man, was there. He was afterwards in the
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convention that framed the State and adopted the Federal Constitution, and was an elder in one of Rev. Dr. David Caldwell's churches, as James Hunter was a member and afterwards an elder in a church of his own building. The Regulators here appointed on their committee their old leaders, James Hunter, Thomas Person and others. It is true, and we joyfully proclaim it abroad, that as time had elapsed between 1765, the beginning of these troubles, and 1771, and as their repeated peaceable and lawful efforts had failed them. these brave men had proven themselves equal to the emergency and had risen with the necessity for stronger measures.
Had Tryon done his duty at this juncture- March, 1771-by Alexander Martin, Hunter and others, law and order, coupled with justice, would have instantly reigned and left him no excuse for polluting with the blood of patriots the pure waters of the Alamance. The Regu- lators were endeavoring for an equitable and just system of government for the community -- arbitration, the last that was left them.
But personal preferment at the hands of the King was the end Tryon had in view, and the wise efforts of these good men were to bear no fruit. As proof of this and as a vivid picture of Tryon's imperious spirit, I cite his reply to
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Alexander Martin and Frohock (Col. Rec. of N. C., Vol. 8, p. 545) :
NEWBERNE, 5th day of April, 1771.
I have received your letter of the 18th of March re- specting your negotiations and agreements with the Insurgents. If you have abused your public trust it is your duty to give satisfaction and make restitution to the injured. As for my own part I entertain a just ab- horrence of the conduct of that man who is guilty of extortion in the execution of his public character. The mode, however, of your agreement with the Insurgents, including officers who are amenable only for their pub- lic conduct to the tribunais of their country, is intro- ductory to a practice most dangerous to the peace and happiness of society. On the 18th of March last it was determined, with the consent of his Majesty's council, to raise forces to march into the settlement of the In- surgents in order to restore peace to the country upon honorable terms and constitutional principles. This measure is not intended to impede nor has it the least reference to the agreement between you gentlemen and the Regulators, though it is expected in the execution of it more stability will be added to our government than by the issue of the convention ratified at Salisbury.
I am, gentlemen, &c., WM. TRYON.
Though brilliantly caustic that, aimed in part at a man-Alexander Martin-destined thereafter repeatedly to be Speaker of the Senate, many times to fill the gubernatorial chair of North Carolina, and later to become a Senator of these United States, it was, never- theless, under the circumstances unconscionable and heartless.
But if we grant any and all alleged increase of violence and demoralization, still the effort
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to base Tryon's anxiety for war upon these is hollow pretense. Before Husband's "insinua- tion"at Newberne in December, 1770, before the disruption of the court at Hillsborough, March, 1771, or even before Judge Moore had pro- nounced the courts powerless in the spring of 1770, the character of this man and his bloody purpose were apparent and fully understood by the legislature. At a council of war held at Hillsborough so early as the summer of 1768, Tryon being absent because of temporary sick- ness, it was determined to pardon all Regula- tors, a few leaders excepted, and take their bonds for their good behavior. Upon hearing this, Tryon asked for or demanded a recon- sideration of their finding, and suggested in its stead instant war. The court reconsidered, but rejected the suggestion of war. The same proposition from the same source was again rejected even by his Council, the second and last time this body ever thwarted his will.
The people's resistance to wrong was the occasion, but the cause of this war lay in the breast of an ambitious and tyrannical ruler, up- held by an unfriendly, subservient legislature- to the new-comers in the west, its actions based on offended dignity.
Tryon was the creature of his age and environments. The King and ruling classes of England at that time had no proper regard
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for the rights or even the lives of the common people. "Within this century," says Col. J. M. Morehead, the great lawyer, reformer and humanitarian, "Sir Samuel Romily found them being driven daily in herds to the gallows-one of them at least, and a woman, for the trifling offense of stealing a pocket handkerchief."
Mr. Moore affirms: "No fact is more dis- creditable in our history than the ascendency which Tryon then demonstrated over men who should have been wise enough to have scorned him as he deserved." (Moore's History, Vol. I, p. 123. )
If, as he says, the Governor was false and tyrannical, the court guilty of "infamous" servility from the bench, and the speakers of the assembly, "John Harvey, Richard Caswell, John Ashe, and many other brave and reverend men" (Moore's History. p. 122) were obsequi- ous to "degradation." surely the people were justified in refusing obedience to their ruinous mandates and ought, had the power been theirs, to have driven them from the Province.
Naked charges like the above, however, are well calculated, though true, to affix to the memory of these, in many respects great and noble men, an obloquy they do not deserve. Be it remembered that they, like their fathers before them, were the born subjects of Great
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Britain two hundred and fifty years ago; and thus to measure them by the standard of today is of course to hold the individual responsible for the infirmities justly chargeable to the age in which they lived. These charges are quoted and thus reproduced here in vindication of other North Carolinians who rose superior to their age. (Records of the Court of Orange County, at Hillsborough, N. C.)
In this connection we cannot but see in the war of the Regulators another proof that the liberties of any people are safest in the hands of its middle classes-both as regards their maintenance intact and their perpetuity. Com- pelled to personally supervise and attend to their several private occupations in life, these men are strong in body, and healthful in mind and spirit and frequently in morals beyond others; and being moderately circumstanced they have something to lose, and feel keenly and quickly the abuse of government. On the other hand, not having yet attained to court circles they are neither tempted by powerful appeals to cupidity nor ambition to stoop to either the frowns or blandishments of power.
Into the justice of the charge that the Regu- lators were an "impediment to legislation" of the times, let us now inquire. The small coast county of Pasquotank, with a population of
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433 white men eighteen years of age, had five representatives in the lower house of the legis- lature; Orange and Rowan combined,-the home of the Regulators, we may say,-extend- ing from about Raleigh westward indefinitely across the mountains, with a like population of 6,487, had four representatives; Chowan, with a population of 571, had five; Currituck, with 709, had five; Perquimans, with 455, had five, and Tyrrell, with 594, had five. (Col. Rec. of N. C., Vol. 8, p. 341, and Vol. 7, pp. 283, 539. )
That is to say, Orange and Rowan combined had four representatives to a population of 6,000, while the five small counties above had twenty-five representatives to a population of 2,000. In the Upper House, or Council, the west seems to have been entirely ignored. To strengthen earnest men in the legislature, too weak to force reform of abuses ever promised but never fulfilled, to remove officials ever reprimanded but never replaced, and to stop the levying of cruelly extravagant taxes, under an unfair system (Col. Rec. of N. C., Vol. S, pp. 14-17, Pref. Notes), that had grown simply beyond their ability to meet, the Regulators entered into a solemn compact (see oath of Regulators. p. 166) to stop the payment of all taxes other than "what were agreeable to law, and this of course could not be known till the public accounts were settled." . (Col. Rec. of
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N. C., Vol. 8, p. 637.) This finally resulted as the Regulators had foreseen and intended it should, but unfortunately too late for a number of themselves. In January, 1771, Cornelius Harnet, a most influential member from Wil- mington, chairman of the Committee on Griev- ances, reported: "That the several officers of this Province. extorting, exacting and receiving greater fees than the law allows is a very great grievance; and unless prevented in the future may be of dangerous tendency." That the taking fees on certain bills "in either house of the assembly is a grievance and not warranted:" that the method of prosecuting certain causes in the courts "is a very great grievance and tends only to enhance and in- crease the fees of attorneys, sheriffs, clerks, etc."; "that the Regulators by obstructing the sheriffs of the frontier and other counties, by rescuing goods taken by distress for public taxes and their opposition to the courts is a grievance detrimental to society and manifestly tends to distress the peaceable and loyal subjects of the Province who are compelled to pay the taxes for the support of the government." And Mr. Harnet recommends that "their leaders be com- pelled by law to answer for their conduct." "Concurred in."
In connection with this deliverance of the legislature of December, 1770, and January,
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1771, hear that of Tryon in his address the fall before. For three years he had urged a rem- edy, to use his own language, "for expelling that cloud which has ever obscured the public accounts of the Province. The community will then cheerfully pay the public levies, satis- fied they are fairly adjusted and applied to the service intended." (Col. Rec. of N. C., Vol. 8, p. 88.) "The plan I laid before you for the public funds, if accepted by the legislature, will produce the happiest effect to this country ever experienced ; though the only act passed in the session. But this blessing is not to be obtained for this country while the treasurers, late sher- iffs, and their sureties can command a majority in the lower house, and while a treasurer is suffered to absent himself, and withhold the public accounts from the General Assembly, let the pretence of his absence be ever so urgent." (Col. Rec. of N. C., Vol. 8. p. 140. ) These are declarations of both the legislature and of Tryon that an adequate and the proper remedy for pacifying the Regulators was-justice at the hands of their rulers ; that war was unnecessary ; and being unnecessary it was therefore criminal.
To this legislature of 1770-1771, that finally made war upon the people, the Regulators had elected Husband from Orange, and Thomas Person from Granville-the last certainly as
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good a man as the Province contained. Soon after the assembly met, Person was bitterly at- tacked. He was vindicated however and the charges pronounced to be malicious, and the prosecutor saddled with the costs ( afterwards remitted, however ). (Col. Rec. of N. C., Vol. 8, p. 1IS.)
Two days afterwards Husband was also arraigned before the house on the charge of libel, for the publication of a caustic letter bearing the signature of James Hunter and ad- dressed to Judge Moore, all by predetermina- tion, as Tryon's address shows. (Col. Rec. of N. C., Vol. 8, p. 330. ) A jury speedily assembled, and pronounced the publication to be "no libel." (Col. Rec. of N. C., Vol. 8, pp. 494, 51I.) But Husband was expelled (Col. Rec. of N. C., Vol. 8, p. 269) nevertheless, for "an insult." among other things said to the legislature, for insinuating that if under these circumstances he was imprisoned "the Regula- tors would release him."
Such would seem the ability of the Regu- lators to impede, and such the manner in which they "impeded," legislation.
From the strangely inconsistent course of conduct pursued by Judge Maurice Moore throughout these years the inference is drawn (Moore's History, Vol. I, p. 131, note) that
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theirs was indeed a bad cause and that the Regulators themselves were the "host of scoundrels" the Judge pronounced them to be. As we see it, the recorded events of the period, as transmitted and now in hand. seem to show this inference to be based upon false premises, and most unjust to the Regulators; and that if the course of Judge Moore reflected unfavor- ably upon any one it was upon himself alone.
"His sympathy for their distresses classed him as a Regulator." ( Moore's History, Vol. I, p. 100.) That he, "their best friend in all the Province, should have conceded the neces- sity for Governor Tryon's coercive measures is the most pregnant circumstance in all that unhappy year in vindication of the stern policy so recently adopted." ( Moore's History, Vol. I, p. 131.) Let us inquire into the correct- ness of this. Tryon writes, under date of 28th April, 1766: "I have suspended Mr. Maurice Moore from the office of Assistant Judge for the District of Salisbury for his in- temperate zeal and conduct in opposition to the Stamp Act. He is a leading man in this river, though he enjoys no great share of popularity in other parts of this Province. The commis- sion of Assistant Judge I have given to Mr. Edmund Fanning." (Col. Rec. of N. C., Vol. 7, p. 199. ) He qualified in March, 1766 (p.
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191). Fanning, declining to serve longer, in March, 1768 (Col. Rec. of N. C., Vol. 7, p. 698), Judge Moore had been reinstated upon the bench. Tryon, writing March 12, 1768, says : "The former gentleman ( Moore) I suspended during the late disturbances in the colony. His proper conduct and behavior since that period and the British act of grace subsequent to those troubles induced me, with the approba- tion of my council, to reinstate Mr. Moore in his office." ( Col. Rec. of N. C., Vol. 7, p. 697.)
The disturbance in Orange increasing and "being ascribed to me as its author and encourager." the Judge declares (August, 1768) : "I have been calumniated before, but never so capitally as in this instance. I assure you it gives me much concern in spite of the consolation a clear conscience gives me. I never knew or ever in my life, as I know of, even saw any man or men engaged in this un- lucky affair, except Hunter and Howell, and I made you fully acquainted with the advice I gave them." (Wheeler's History of North Carolina, p. IOI.) This was addressed to Fanning.
At a Superior Court for Rowan, Judge Moore presided with the other two judges Tuesday, September 6. following. (Col. Rec. of N. C., Vol. 7, p. 838.) On the 13th we find
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this entry in Tryon's journal : "Maurice Moore, Esq., is appointed Colonel Commandant (with rank of colonel) of a Troop of Gentlemen Volunteer Light Dragoons." ( Col. Rec. of N. C., Vol. 7, p. 829.) Thence they marched to Hillsboro, and we find: "Hillsboro Camp, 23d-Colonel Moore's Light Dragoons-in King street, opposite headquarters." ( Col. Rec. . of N. C., Vol. 7, p. 834.) On the next day, the 24th, Judge Moore took his seat upon the Superior Court bench, when Edmund Fanning and William Butler, Hunter and other Regula- tors were arraigned before the court, with what result is known and read of all men. ( Col. Rec. of N. C., Vol. 7, pp. 843, 844.) Colonel Moore had sat in the council of war on the 22d and 23d. (Col. Rec. of N. C., Vol. 7, p. 842.)
In March, 1770, he announces the paralysis of the civil arm of government, in a letter to Tryon, in these words :
"This is an evil, Sir, No civil process can remedy-the reason is obvious, none such can be executed-I have therefore recommended to the sheriffs to petition your Excellency and the assembly at its next meeting on this subject, and I wish it may not be found necessary to redress them by means equal to the obstinacy of the people who have given occasion for it." (Col. Rec. of N. C., Vol. 8, p. 192.)
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This to the tyrant, the weight of whose "iron fists" he had himself felt for two years, and whose anxiety for war upon the people he had witnessed at Hillsborough in 1768, and being himself a member of the council of war then and there held. (Col. Rec. of N. C., Vol. 7, p. 842.) He wrote, February 22, 1771, "signifying his desire to be present at the court (soon to be held) when the Insurgents are to be tried, and to show no further leniency to a people who have been so regardless of the clemency extended to them for former offences." (Tryon's letter, February 27, 1771, Col. Rec. of N. C., Vol. 8, p. 694. )
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