USA > North Carolina > The history of North Carolina from the earliest period, Volume II > Part 17
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On the 11th, at night, information was brought at Hillsborough that a large body of the regulators, said to consist of upwards of one thousand men, was under arms in the vicinity of the town, with hostile inten- tions against it. The nearest companies of militia were called in, but it soon appeared, that the regula- tors had embodied themselves on the false alarm of an intention to attack them, and had returned to their respective abodes. Before the militia were dismissed, the governor caused an oath to be administered to them "with hearts and hands, life and goods, to main-
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tain and defend the king's government in the province, against all persons whatever, who should attempt to obstruct or prevent the due administration of the laws, or the public peace or tranquility." Upwards of four hundred officers and men took the oath with alac- rity.
On the meeting of the council, the governor laid before them the last message from the regulators, and with the advice of the board, replied, that he had en- tertained every reasonable expectation that his letter from Brunswick would not only have given them the most cordial satisfaction, but prompted them with the most ardent zeal to have immediately subscribed to the directions it contained in conformity to the reso- lution, declared in their address, and it was with sin- cere regret he now reflected on their disobedience and ungrateful return, by the total disregard of his directions and their unlawful refusal of paying the taxes which the sheriff had, at his request, called on them to collect. He added, that the candour with which he had treated their rash and precipitate con- duct, and the just means and effectual measures he had pointed out for the removal of the causes of their complaints, would have given ample satisfaction to any person, who had addressed him with an intention of being content with receiving justice. He lamented that he had the mortification to find, by their last letter, that every lenient measure of his had been pre- vented, and the friendly aid he had offered to correct the abuses complained of, considered as insufficient, and he ohserved, that the object of the proclamation
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was to caution public officers against, and to prevent extortion, which it was the exclusive province of the courts of law to judge and punish.
He showed, that the dissatisfaction they expressed in their address, and papers not being laid before all the members of the council, was equally groundless; for, by the king's instructions, three councillors con- stituted a board, and the presence of five was suffi- cient to the despatch of business of the highest mo- ment, while there were six members of the board present, when their address had been acted upon.
He expressed his great satisfaction at the resolution they had taken of petitioning the legislature, and he assured them, his services, on that occasion, would not be wanting, for the redress of any real grievance.
In humanity to their misguided passions and in jus- tice to his own integrity, he thought it necessary to represent to them, that they were pursuing measures, highly illegal and criminal, and acting on principles, not less void of faith and honor than, inconsistent with every moral and religious duty ; that they had given occasion to every man of honor and property, by the open and unreserved threats they had thrown out against the lives and property of many of the inhabi- tants of the province, to look upon their designs, as bent, rather upon destroying the peace of the govern- ment and the security of the king's subjects, than as waiting for any legal process against those they imagined to have abused their public trusts. He con- cluded by acquainting them that upon those alarming prospects, he considered it his duty :o) provide for the safety of government, and to take care that the public
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received no damage. To prevent, therefore, as much as possible, the heavy expense that must accrue to the province, by guarding against the insults that were in- tended to be offered to the superior court of justice, he peremptorily required, on their part, that twelve of the principal and wealthiest of them, should wait on him at Salisbury, on the 25th of the month, and in his presence, execute a bond in the penalty of one thousand pounds, as a security, that no rescue would be made of William Butler and Hermon Husband, at the next district court for the district of Hillsborough, to which they were recognised.
A reply was sent, subscribed, on behalf of the regu- lators, by James Hunter, Peter Julian and Thomas Wellborn. They bewailed their misfortune, in hav- ing incurred the governor's displeasure, and that their conduct had given him reason to view them, as bent rather upon mischief than waiting for justice. As to his demand of security, that Butler and Husband, should not be rescued, they observed, that the late alarms, the raising of troops, the threats held out of bringing down the Indians to cut off the inhabitants of the county, had been considered by the principal and most considerate men among the regulators, as being without ground ; that they had, however, exer- ted their utmost influence in moderating and pacify- ing the resentment of their neighbors; that these men would ever use the same care and would ever, it was hoped, be able to govern the multitude by reason ; yet none of them were willing to enter into a bond; and, if they were, they would likely lose, by such a step, all the influence they possessed before.
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On the 22d of September, the day of the meeting of the superior court, for the district of Hillsborough, the regulators appeared and took their stand within half a mile of the town.
They gave the most positive assurance, that no de- sign was entertained of releasing the persons bound over, and beseeched the governor to dissolve the pre- sent, and call a new assembly.
They were about 3700 in number. After a short halt, a messenger was sent to the governor, assuring him, that if he would let them come in, peaceably, to complain of their grievances against the officers, par- don all past breaches of the peace, except as to But- ler and Husband, they would disperse and pay their taxes.
The governor, in reply, required the surrender of all . their arms in pledge, till the persons charged were tried. About thirty men complied, but the rest returned home.
Four bills of indictment, for a riot, against Hermon and Husband, were sent to the grand jury ; one only was found a true bill, but he was acquitted on it by the tra- verse jury.
William Hunter and two others were indicted, tried and found guilty of a riot, for which they were con- demned to pay a heavy fine and suffer a long imprison- ment ; two of these individuals broke jail, and the third remained in prison, though the door was broken open ; but the governor pardoned him, as well as those who had escaped.
A number of indictments for extortion were found against Edmund Fanning ; he was found guilty on all of them and fined one penny in each case.
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On the rise of the superior court, the governor issued his proclamation for pardoning all persons concerned in the late insurrection, except James Hunter, Ninian Ha- milton, Peter Craven, Isaac Jackson, Hermon Hus- band, Matthew Hamilton, William Payne, Ninian Bell Hamilton, Malachy Fyke, William Moffat, Christopher Nation, Solomon Goff and John O'Neal.
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THE legislature held its third session at Newbern, on the third of November, 1768. After stating the measures which had been pursued in quelling the late commo- tions, the governor recommended to the attention of the houses an enquiry into the causes of it, with a view to redress all real grievances ; and the necessity of making provision for the expenses which had been incurred. He acquainted them, that the address transmitted by their committee to the king, praying him to allow a new emission of paper money, had been received, and he was instructed to say, that, as the power of creating a paper currency, to be a legal tender, it was restrained by an act of parliament, and it was not in the power of the crown to exercise any discretion on that subject. He again urged the necessity of providing a stock of powder and lead, which the situation of the province rendered necessary.
The speaker laid before the lower house a circular letter, of the 11th of February, addressed by the house of representatives of the province of Massachusetts to the speaker of the house of representatives and burgesses of the respective provinces.
It began by stating, that the house having taken into their serious consideration the great difficulties that must accrue to their constituents, by the operation of several acts of parliament, imposing duties and taxes on the
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American colonies, and considering the subject, as one, with which every colony was deeply interested, they doubted not, the respective bodies which they addressed would be duly impressed with its importance, so that such constitutional measures would be adopted, as cir- cumstances rendered proper : and fully persuaded of the necessity there was of the several provinces harmonising with each other on so delicate a point, they expressed a hope, that their application would be considered in no other point of view, than as expressing a ready disposition freely to communicate their ideas to the sister colonies, upon a common concern, in the same manner as they would gladly receive the sentiments of any other house of assembly on the continent.
They adverted to the humble representation of the sentiments, which they had made to the king's ministry : that parliament was the supreme legislative power over the whole empire ; that in all free states, the constitution was fixed, and, as the supreme legislature derived its power and authority therefrom, it could not overleap the boundaries of it, without destroying the foundation on which its existence rested ; that the constitution, main- taining and boasting both sovereignty and allegiance, the colonies, who acknowledged themselves under the tie of allegiance, had an equitable claim to the full enjoyment of the fundamental rules of the British constitution ; that it was an essential, unalterable right of nature, engrafted in the British constitution, as a fundamental law, ever held sacred and irrevocable by the king's subjects within the realm, that whatever a man had honestly acquired was absolutely his own, which he might freely dispose of, and which could not be taken from him without his consent ; that the colonists might, therefore, exclusively
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of any charter rights, with a decent firmness adapted to the character of freemen and subjects, assert this natural and constitutional right.
They expressed their opinion, with the greatest de- ference to the wisdom of parliament, that the acts of that body, imposing duties on the people of America, for the sole and express purpose of raising a revenue, were infringements of their natural and constitutional rights ; because, as they were not represented in parlia- ment, the commons of Great Britain granted their pro- perty, without their consent.
They avowed the opinion, that their constituents, con- sidering their local circumstances, could not, by any pos- sibility, be effectually represented in parliament, being separated by an ocean one thousand leagues wide ; that for this reason, the king's predecessors had formed sub- ordinate legislatures in the colonies, that the people might enjoy there the unalienable right of representation; that under the impression of the impracticability of a full and equal representation of the colonists in parlia- ment, and the great expense that would attend even a partial representation, they judged the taxation of their constituents, even without their consent, grievous as it was, preferable to such a representation, as they could enjoy.
Upon these principles, and even if the right of parlia- ment was ever so clear, they judged, for obvious rea- sons, it would be beyond the rule of equity, that their constituents should be taxed on the manufactures of Great Britain, in the colonies, in addition to the duties they paid for them in Europe, and the advantages arising to the mother country from the acts of trade.
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The house then informed the assemblies, that they had presented a humble, dutiful and loyal petition to the king, and made such representations to his minis- ters, as they apprehended would tend to obtain redress ; that they had submitted to consideration, whether any people could be said to enjoy any degree of freedom, if the crown, in addition to its undoubted authority of constituting a governor, should appoint him such a sti- pend, as it should judge proper, without the consent of the people, and at their expense ; and whether, while the judges of the land and other civil officers held not their commission during good behaviour, their having salaries appointed to them by the crown, independent of the people, had not a tendency to subvert the principles of equity and endanger the happiness and security of the people ; that, in addition to these measures, they had ad- dressed a letter to their agent in England, the sentiments of which he was directed to lay before the ministry, wherein they took notice of the hardships of the act for preventing mutiny and desertion, which required the governor and council to provide enumerated articles for the king's marching troops, and the people to pay the expense ; and also the commission of the gentlemen, appointed commissioners of the customs to reside in America, which authorizes them to make as many ap- pointments as they think fit and pay the appointees what sums they please, without being accountable for their misconduct, from whence it might happen, that officers of the crown might be multiplied to such a degree, as to become dangerous to the people, by virtue of a commission, which did not appear to offer to trade such advantages, as many had been led to expect.
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They expressed their belief, that, on account of these their sentiments and proceedings, they had too much reason to think, the enemies of the colonies had repre- sented them to the king's ministers and parliament, as factious and disloyal, and having a disposition to make themselves independent of the mother country ; and pro- tested, as they had taken occasion to assure the king and his ministers, that, with regard to the people of the pro- vince of Massachusetts, and in their belief, as to all others on the continent, the charges were unjust.
They concluded, by expressing their full satisfaction, that the assemblies of the provinces were too generous and enlarged in sentiment, to believe, that their address proceeded from an ambition of taking the lead and dic- tating to others; they submitted their opinions to the judgment of those they addressed, with assurances, that they would take it kind, if any of them should point out any thing further, necessary to be done, and satisfied them, from confidence in the king, the common head and father of all, the united and dutiful supplications of his American subjects would meet his royal and favora- ble acceptance.
The scarcity of money rendering it impracticable to defray the expenses, incurred by the late expedition to Hillsborough and running the dividing line between the back settlements and the Cherokee hunting ground, it became impossible to do any thing more than secure the demands of the creditors of the province, by certifi- cates, issued from the treasury ; accordingly, debentures or notes, receivable there, to the amount of twenty thou- sand pounds, were directed to be issued, and for the re- demption of them, a poll tax of two shillings was laid.
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With a view to enable the industrious poor to dis- charge their taxes, inspectors' notes, for tobacco, hemp, rice, indigo, wax, tallow and deer skins, were directed to be received.
The county of Mecklenburg was divided, and the western part of it erected into a new county, which, in compliment to the governor, was called Tryon.
George Mercer of Virginia, who has already been mentioned as stamp master of that province, was this year appointed lieutenant governor of North Carolina.
On the 6th of May, the governor dissolved the general assembly by proclamation.
The disturbances in the western counties were far from being quelled. Early in the spring, John Lea, the sheriff of the county of Orange, attempting to serve a warrant, for a breach of the peace, on Hanson Hamilton, one John Pugh and two other regulators fell upon, compelled him to desist and beat him with great cruelty.
On the 9th of September, the governor. in pursu- ance of instructions received from the minister, issu- ed his proclamation for the pardon of all persons, whatever, concerned, even in regard to fines.
The new legislature met at Newbern. on the 23d of October. The governor informed the houses, that the king had left the regulation of Indian affairs to the colonies, whose legislature, it had been thought, must be the best judges of what their se- veral situations and circumstances might require: but that the office of superintendant would be con- tinued, for such matters, as required immediate ne- gotiation between the crown and the Indians, which
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could not, consistently, be regulated by legislative authority.
He observed, that, as it was not in the power of the king, to dispense with the act of parliament, respecting the legal tender of paper currency in the colonies, no petition for an emission of that cur- rency, as a legal tender, could meet with success, and added, that this intimation was not intended to preclude the fullest consideration, that could be given. to any representation the assembly might make on that subject, or any plan they could suggest . for that purpose.
As the affairs of the province must, in some degree, necessarily suffer delav, from the want of a regular agent at home, duly authorized to act in every case in which the colony might be concerned, he informed the houses he was authorized to give his assent to a law, for raising a sum sufficient for the salary of such an officer, provid- ed he was appointed by an act, passed especially for that purpose; as the act was to originate in the lower house, it would follow, that the name of the person must be in- serted there, although the other two branches of the le- gislature would each have a negative vote on the bill.
He drew the attention of the houses to a late act of parliament, for the encouragement of the culture of raw silk in America: as this object was of considerable im- portance to the mother country and the colonies, hc pressed the houses to second the efforts of parliament and pursue such measures, by premiums or otherwise, as might induce the inhabitants of the province to enter with spirit and expedition, on so useful and profitable a species of culture.
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He concluded by observing, that he was authorized to give them assurances, that the king's ministers had at no time, entertained a design to propose to parliament to lay any further taxes on America, for the purpose of raising a revenue, and that it was their intention to pro- pose, at the next session of parliament, to take off the duties on glass, paper and colors, upon consideration of their having been laid contrary to the true principles of commerce. He assured the houses, such had always been and still were the sentiments of the king's present ministers and the principles by which their conduct to- wards America had ever been regulated, and expressed his reliance on the prudence and candor of the members, that they would give full credit to the late testimonies the king and parliament had afforded, of their attention and affection to the colonies, and this explanation of the measures of his servants; a confidence which would tend to remove the prejudices, excited by the misrepresenta- tions of those who were jealous of the prosperity of Great Britain and the colonies, and would re-establish that cordiality and affection, on which the glory and safety of the British empire depended.
He renewed his application for a provision of lead and powder for the service of the king and the defence of the province, and recommended a strict examination into the state of the public finances.
The lower house replied, that the information he had been pleased to afford to them, as to the intention of the king's ministers, was very grateful to them and would be much more so, when they would find those designs carried into execution, even upon the consideration that the duties intended to be repealed had been laid contrary to the true principles of commerce, and expressed their
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joy, to find that the sentiments of the king's ministers coincided with their own. They observed, that a pro- vision of powder and lead, while the province enjoyed a profound peace, appeared to them, by no means neces- sary, as every tax or clog on trade must discourage com- merce. They agreed with the governor in the opinion, that the public funds, at no time since the settlement of the province, required a more strict examination, and the necessity there was, that a settlement of all public ac- counts should be forthwith obtained, and the situation of the public finances of the province made known to the people.
On the 9th of May, 1770. governor Tryon's speech and the address of the house being read in parliament, Mr. Drake made a motion, that it was derogatory to his majesty's honor and to the freedom of parliamentary deliberation, to pledge the faith of the crown to the colo- nial assemblies, for the repealing or laying, or continu- ing any taxes or duties whatsoever: but it passed in the negative.
On the 2d of November, the speaker laid before the house a communication from the house of burgesses, of the province of Virginia, written on the 9th of May last.
It began by stating, that the house of burgesses, hav- ing attentively considered several late acts of parliament, and being of opinion, that they manifestly tended to de- prive the inhabitants of the colonies of their essential rights and privileges, had thought it their duty, as rep- resentatives of a free people, to take every regular step to assert that constitutional liberty, for the destruction of which, those laws seemed to be enacted; and had thought, proper therefore, to represent that they were sensible
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of the happiness and security they derived from their connexion with, and dependence on, Great Britain, and their great concern, that any unlucky incident should interrupt that salutary harmony which they ever wished to subsist. They lamented, that the remoteness of their situation often exposed them to such misrepresenta- tions, as were apt to involve them in censures of disloy- alty to their sovereign and the want of a proper respect for the British parliament, whereas, they had indulged themselves in the agreeable persuasion, that they ought to be considered inferior to none of their fellow subjects in loyalty or affection.
They disdained any affectation of independence on from the parent kingdom. the prosperity of which they professed themselves bound to the utmost of their abilities to promote, and declared their cheerful ac- quiescencein the authority of parliament to make laws for preserving a necessary dependence and for regu- lating the course of trade in the colonies; yet they could not conceive and humbly insisted, it was not essential to support a relation between a mother coun- try and colonies, transplanted from her, that she shoud have a right to raise money thenceforth with- out their consent, and presumed they did not aspire to more, than the national rights of British subjects, when they asserted that no power on carth had a right to impose taxes on the people, or take the smallest portion of their property without their consent, given by their representatives in parliament. This had ever been considered as the chief pillar of the consti- tution; without this support no man could be consid- ered to have the least shadow of liberty; since they could have no property in that, which another could
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by right take from them, when he pleased without their consent.
They observed that their ancestors had brought with them entire, and transmitted to their descendants, the natural and constitutional rights they had enjoyed in their native country, and the first principles of the British constitution were early engrafted into the con- stitution of the colonies. Hence a legislative author- ity, ever essential in all free states, was derived from and assimilated, as near as possible, to that of England. The executive power and the right of assenting to and dissenting from all laws reserved to the king, and the privilege of choosing their own representatives ves- ted in the people, continued confirmed to them by repeated and express stipulations. The govern- ment thus established, they enjoyed the fruits of their own labour with a security which liberty alone could impart. Upon pressing occasions they applied to the king for relief, and gratefully acknowleged, they fre- quently received it from their mother country. When- ever their assistance became necessary, requsitions had been constantly made from the crown to the re- presentatives of the people, who had complied with them to the utmost extent of their abilities, and the am- ple provisions made for the support of civil govern- ment, in the reign of Charles Il. and, at his request, the large supplies, voted during the last war, upon the requisitions of the former and present king, afforded early and late instances of the disposition of the assem- blies of the province of Virginia, and were sufficient proofs, that the parliament of Great Britain, had not,
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