Governor Tryon And The Carolina Regulators
The first blood shed by "rebels" in America, in those critical years
when the tide of events was setting strong towards war and revolution,
was by the settlers on the upper waters of the Cape Fear River in North
Carolina. A hardy people these were, of that Highland Scotch stock whose
fathers had fought against oppression for many generations. Coming to
America for peace and liberty, they found bitter oppression still, and
/>
fought against it as their ancestors had done at home. It is the story
of these sturdy "Regulators" that we have here to tell.
It was not the tyranny of king or parliament with which these
liberty-lovers had to deal, but that of Governor Tryon, the king's
representative in this colony, and one of the worst of all the royal
governors. Bancroft has well described his character. "The Cherokee
chiefs, who knew well the cruelty and craft of the most pernicious beast
of prey in the mountains, ceremoniously distinguished the governor by
the name of the Great Wolf." It was this Great Wolf who was placed in
command over the settlers of North Carolina, and whose lawless acts
drove them to rebellion.
Under Governor Tryon the condition of the colony of North Carolina was
worse than that of a great city under the rule of a political "Boss."
The people were frightfully overtaxed, illegal fees were charged for
every service, juries were packed, and costs of suits at law made
exorbitant. The officers of the law were insolent and arbitrary, and by
trickery and extortion managed to rob many settlers of their property.
And this was the more hateful to the people from the fact that much of
the money raised was known to go into the pockets of officials and much
of it was used by Governor Tryon in building himself a costly and showy
"palace." Such was the state of affairs which led to the "rebellion" in
North Carolina.
Many of the people of the mountain districts organized under the name of
"Regulators," binding themselves to fight against illegal taxes and
fees, and not to pay them unless forced to do so. The first outbreak
took place in 1768 when a Regulator rode into Hillsborough, and Colonel
Fanning wantonly seized his horse for his tax. It was quickly rescued by
a mob armed with clubs and muskets, some of which were fired at
Fanning's house.
This brought matters to a head. Supported by the governor, Fanning
denounced the Regulators as rebels, threatened to call out the militia,
and sent out a secret party who arrested two of the settlers. One of
these, Herman Husbands, had never joined the Regulators or been
concerned in any tumult, and was seized while quietly at home on his
own land. But he was bound, insulted, hurried to prison, and threatened
with the gallows. He escaped only by the payment of money and the threat
of the Regulators to take him by force from the jail.
The next step was taken after Governor Tryon had promised to hear the
complaints of the people and punish the men guilty of extortion. Under
this promise Husbands brought suit against Fanning for unjust
imprisonment. At once the governor showed his real sentiment. He
demanded the complete submission of the Regulators, called out fifteen
hundred armed men, and was said to intend to rouse the Indians to cut
off the men of Orange County as rebels.
In spite of this threatening attitude of the governor, Husbands was
acquitted on every charge, and Fanning was found guilty on six separate
indictments. There was also a verdict given against three Regulators.
This was the decision of the jury alone. That of the judges showed a
different spirit. They punished Fanning by fining him one penny on each
charge, while the Regulators were each sentenced to fifty pounds fine
and six months' imprisonment. To support this one-sided justice Tryon
threatened the Regulators with fire and sword, and they remained quietly
at home, brooding moodily over their failure but hesitating to act.
We must now go on to the year 1770. The old troubles had
continued,--illegal fees and taxes, peculation and robbery. The
sheriffs and tax-collectors were known to have embezzled over fifty
thousand pounds. The costs of suits at law had so increased that justice
lay beyond the reach of the poor. And back of all this reigned Governor
Tryon in his palace, supporting the spoilers of the people. So incensed
did they become that at the September court, finding that their cases
were to be ignored, they seized Fanning and another lawyer and beat them
soundly with cowhide whips, ending by a destructive raid on Fanning's
house.
The Assembly met in December. It had been chosen under a state of
general alarm. The Regulators elected many representatives, among them
the persecuted Herman Husbands, who was chosen to represent Orange
County. This defiant action of the people roused the "Great Wolf" again.
Husbands had been acquitted of everything charged against him, yet Tryon
had him voted a disturber of the peace and expelled from the House, and
immediately afterward had him arrested and put in prison without bail,
though there was not a grain of evidence against him.
The governor followed this act of violence with a "Riot Act" of the most
oppressive and illegal character. Under it if any ten men assembled and
did not disperse when ordered to do so, they were to be held guilty of
felony. For a riot committed either before or after this act was
published any persons accused might be tried before the Superior Court,
no matter how far it was from their homes, and if they did not appear
within sixty days, with or without notice, they were to be proclaimed
outlaws and to forfeit their lives and property. The governor also sent
out a request for volunteers to march against the "rebels," but the
Assembly refused to grant money for this warlike purpose.
Governor Tryon had shown himself as unjust and tyrannous as Governor
Berkeley of Virginia had done in his contest with Bacon. It did not take
him long to foment the rebellion which he seemed determined to provoke.
When the Regulators heard that their representative had been thrown into
prison, and that they were threatened with exile or death as outlaws,
they prepared to march on Newbern for the rescue of Husbands, filling
the governor with such alarm for the safety of his fine new palace that
he felt it wise to release his captive. He tried to indict the sturdy
Highlander for a pretended libel, but the Grand Jury refused to support
him in this, and Husbands was set free. The Regulators thereupon
dispersed, after a party of them had visited the Superior Court at
Salisbury and expressed their opinion very freely about the lawyers, the
officials, and the Riot Act, which they declared had no warrant in the
laws of England.
As yet the Regulators had done little more than to protest against
tyranny and oppression and to show an intention to defend their
representative against unjust imprisonment, yet they had done enough to
arouse their lordly governor to revenge. Rebels they were, for they had
dared to question his acts, and rebels he would hold them. As the Grand
Jury would not support him in his purpose, he took steps to obtain
juries and witnesses on whom he could rely, and then brought charges
against many of the leading Regulators of Orange County, several of whom
had been quietly at home during the riots of which they were accused.
The governor's next step was to call the Grand Jury to his palace and
volunteer to them to lead troops into the western counties, the haunt of
the Regulators. The jurymen, who were his own creatures, hastened to
applaud his purpose, and the Council agreed. The Assembly refused to
provide funds for such a purpose, but Tryon got over this difficulty by
issuing a paper currency.
A force of militia was now raised in the lower part of the colony and
the country of the Regulators was invaded. Tryon marched at the head of
a strong force into Orange County, and proceeded to deal with it as if
it were a country conquered in war. As he advanced, the wheat-fields
were destroyed and the orchards felled. Every house found empty was
burned to the ground. Cattle, poultry, and all the produce of the
plantations were seized. The terrified people ran together like sheep
pursued by a wolf. The men who had been indicted for felony at Newbern,
and who had failed to submit themselves to the mercy of his packed
juries and false witnesses, were proclaimed outlaws, whose lives and
property were forfeit. Never had the colonies been so spoiled on such
slight pretence.
Thus marching onward like a conquering general of the Middle Ages,
leaving havoc and ruin in his rear, on the evening of May 14, 1771,
Tryon reached the great Alamance River, at the head of a force of a
little over one thousand men. About five miles beyond this stream were
gathered the Regulators who had fled before his threatening march. They
were probably superior in numbers to Tryon's men, but many of them had
no weapons, and they were principally concerned lest the governor "would
not lend an ear to the just complaints of the people." These "rebels"
were certainly not in the frame of mind to make rebellion successful.
The Regulators were not without a leader. One of their number, James
Hunter, they looked upon as their "general," a title of which his
excellent capacity and high courage made him worthy. On the approach of
Tryon at the head of his men James Hunter and Benjamin Merrill advanced
to meet him. They received from him this ultimatum:
"I require you to lay down your arms, surrender up the outlawed
ringleaders, submit yourselves to the laws, and rest on the lenity of
the government. By accepting these terms in one hour you will prevent an
effusion of blood, as you are at this time in a state of war and
rebellion."
Hopeless as the Regulators felt their cause, they were not ready to
submit to such a demand as this. There was not an outlaw among them, for
not one of them had been legally indicted. As to the lenity of the
government, they had an example before their eyes in the wanton ruin of
their houses and crops. With such a demand, nothing was left them but to
fight.
Tryon began the action by firing a field-piece into the group of
Regulators. At this the more timid of them--perhaps only the unarmed
ones--withdrew, but the bold remainder returned the fire, and a hot
conflict began, which was kept up steadily for two hours. The battle, at
first in the open field, soon shifted to the woodland, where the
opponents sheltered themselves behind trees and kept up the fight. Not
until their ammunition was nearly gone, and further resistance was
impossible, did Hunter and his men retreat, leaving Tryon master of the
field. They had lost twenty of their number besides the wounded and some
prisoners taken in the pursuit. Of Tryon's men nine were killed and
sixty-one wounded. Thus ended the affray known as the battle of the
Alamance, in which were fired the first shots for freedom from tyranny
by the people of the American colonies.
The victorious governor hastened to make revengeful use of his triumph.
He began the next day by hanging James Few, one of the prisoners, as an
outlaw, and confiscating his estate. A series of severe proclamations
followed, and his troops lived at free quarters on the Regulators,
forcing them to contribute provisions, and burning the houses and laying
waste the plantations of all those who had been denounced as outlaws.
On his return to Hillsborough the governor issued a proclamation
denouncing Herman Husbands, James Hunter, and some others, asking "every
person" to shoot them at sight, and offering a large reward for their
bodies alive or dead. Of the prisoners still in his hands, he had six of
them hung in his own presence for the crime of treason. Then, some ten
days later, having played the tyrant to the full in North Carolina, he
left that colony forever, having been appointed governor of New York.
The colony was saddled by him with an illegal debt of forty thousand
pounds, which he left for its people to pay.
As for the fugitive Regulators, there was no safety for them in North
Carolina, and the governors of South Carolina and Virginia were
requested not to give them refuge. But they knew of a harbor of refuge
to which no royal governors had come, over which the flag of England had
never waved, and where no lawyer or tax-collector had yet set foot, in
that sylvan land west of the Alleghenies on which few besides Daniel
Boone, the famous hunter, had yet set foot.
Here was a realm for a nation, and one on which nature had lavished her
richest treasures. Here in spring the wild crab-apple filled the air
with the sweetest of perfumes, here the clear mountain-streams flowed
abundantly, the fertile soil was full of promise of rich harvests, the
climate was freshly invigorating, and the west winds ripe with the seeds
of health. Here were broad groves of hickory and oak, of maple, elm,
and ash, in which the elk and the red deer made their haunts, and the
black bear, whose flesh the hunter held to be delicious beyond rivalry,
fattened on the abundant crop of acorns and chestnuts. In the trees and
on the grasses were quail, turkeys, and pigeons numberless, while the
golden eagle built its nest on the mountain-peaks and swooped in circles
over the forest land. Where the thickets of spruce and rhododendron
threw their cooling shade upon the swift streams, the brook trout was
abundant, plenty and promise were everywhere, and, aside from the peril
of the prowling savage, the land was a paradise.
It was not in Kentucky, where Boone then dwelt alone, but in Tennessee
that the fugitive Regulators sought a realm of safety. James Robertson,
one of their number, had already sought the land beyond the hills and
was cultivating his fields of maize on the Watauga's fertile banks. He
was to become one of the leading men in later Tennessee. Hither the
Regulators, fleeing from their persecutors, followed him, and in 1772
founded a republic in the wilderness by a written compact, Robertson
being chosen one of their earliest magistrates. Thus, still defiant of
persecution, they "set to the people of America the dangerous example of
erecting themselves into a separate state, distinct from and independent
of the authority of the British king."
Thus we owe to the Regulators of North Carolina the first decided step
in the great struggle for independence so soon to come. And to North
Carolina we must give the credit of making the earliest declaration of
independence. More than a year before Jefferson's famous Declaration the
people of Mecklenburg County passed a series of resolutions in which
they declared themselves free from allegiance to the British crown. This
was in May, 1775. On April 12, 1776, North Carolina authorized her
delegates in the Continental Congress to declare for independence. Thus
again the Old North State was the first to set her seal for liberty. The
old Regulators had not all left her soil, and we seem to hear in these
resolutions an echo of the guns which were fired on the Alamance in the
first stroke of the colonists of America for freedom from tyranny.