While researching the last post about the Regulators, I found some interesting tidbits of the time period that show the divisions and angst building on both sides.
To set the stage, the time frame covered here runs from the Hillsborough Riot in September 1771 to Nov 1771 (six month after the battle of Alamance - May 1771). The Hillsborough Riot is summarized as a violent uprising by the North Carolina Regulators who stormed the superior court in Hillsborough on September 22-25, 1770 with their protests of political corruption, exorbitant legal fees, and cronyism, resulting in the beating of officials and destruction of property, including that of "his Majesty's Associate Justice," Edmund Fanning.
A Proclamation
This set Governor Tryon's blood a'boil. Within the month, he published the notice that appears below. This newspaper article from the Regulator era appeared in the The Cape-Fear mercury. (Wilmington [N.C.]), Sept. 1, 1770, edition 1, Page 2. This papers is available online at Digital NC and viewable at the source link below.
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The following is a modernized paraphrasing of the original notice*. It is characterized as an early "wanted poster" against what amounted to "damned roguery." Here is the gist of Governor Tryon's order -
What Happened
I have been informed that on September 25th,1770 a large, violent mob gathered in Hillsborough while the Superior Court was in session. This group didn't just protest; they broke the law and caused total chaos. Specifically, they:
- Attacked a judge while he was trying to do his job.
- Brutally beat and injured several people inside the courtroom.
- Insulted the government and destroyed the private property of local residents.
- Committed treasonous acts by publicly drinking toasts wishing for the death of King George III and cheering for "the Pretender" (the King's political rival).
The Order
To make sure these people are brought to justice, I am working with my Council to issue this order. I am officially requiring all Justices of the Peace to:
- Conduct a thorough investigation into these crimes.
- Take formal written statements (depositions) from anyone who has information or saw what happened.
Next Steps
All of these witness statements must be sent to me immediately. I will present them to the General Assembly when they meet in New Bern on November 30th. We are reconvening at that time to handle this urgent government business.
Signed,
William Tryon
(October 18, 1770)
*Paraphrased modern english version by Google Gemini
This Johnston Riot Act
The upshot of Tryon's mandate was the adoption of the Johnston Riot Act in January, 1771, The intent of this strict, new law was to control and punish the Regulators. Entitled "An Act for Preventing tumultuous and riotous Assemblies," it required -
- Crowd dispersal within one hour of order
- Authorized seizing rioter property
- Authorized declaring protestors outlaws
- Allowed the use of deadly force on rioters or declared outlaws
- Allowed trials to be moved to any court in the province rather than be tried in the court nearest home.
Battle of Alamance
The law was intended to be temporary and last just one year. Before the year was up, in May, 1771, a standoff occured at a spot near Alamance Creek. A gathering of about 2,000 Regulators seen as a dangerous, angry mob were ordered to disperse by the sheriff of Orange County, John Butler. His order follows-
"Great Alamance Camp May 16, 1771
In answer to your Petition, I am to acquaint you that I have ever been attentive to the true Interest of this Country, and to that of every Individual residing within it. I lament the fatal Necessity to which you have now reduced me, by withdrawing yourselves from the Mercy of the Crown, and the Laws of your Country, to require you who are Assembled as Regulators, to lay down your Arms, Surrender up the outlawed Ringleaders, and Submit yourselves to the Laws of your Country, and then, rest on the lenity and Mercy of Government. By accepting these Terms in one Hour from the delivery of this Dispatch you will prevent an effusion of Blood, as you are at this time in a state of War and Rebellion against your King, your Country, and your Laws." - source
Given the ultimatum, the Regulators ignored the dispersal order and chose to stand and fight. They were defeated by Tryon's forces in about two hours of fighting.
Now in open rebellion to the provincial government and facing the harsh punishment mandated under the Johnston Act, the Regulators' standing was tenuous. Many were forced to flee as outlaws, many hand their land possessions and fortunes confiscated, and six were hanged.
The Atticus Letter
A famous letter of protest exists from this time period, penned under the pseudomym "Atticus." This letter appeared in the Virginia Gazette on November 7, 1771. The author heavily criticized North Carolina Royal Governor William Tryon for his harsh handling of the Regulator uprising and the Battle of Alamance. (This excerpt was found on a Facebook Group dedicated to the Battle of Alamance. )
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"Atticus" is believed to be Maurice Moore, a colonial judge with Regulator leaning sympathies. This was an "open letter" to Tryon that appeared in the Virginia Gazette, November 7, 1771. The author's grievences included Tryon's oppressive policies, mishandling public funds, and instigating conflict with the Regulators. Atticus criticizes Tryon's self-serving actions, lavish spending on a palace, and heavy-handed response to dissent, including the execution of James Few after the Battle of Alamance. He suggests that Tryon's actions were motivated by personal vanity and a desire for ministerial approval, ultimately leading to widespread discontent and rebellion in the province. This is just a small portion of a very important document capturing the backcountrymen's outrage of that time period.
"...to consult the Representatives of the People, who presented you a Bill which you passed into a Law. The Design of this Act was to punish past Riots in a new Jurisdiction, to create new Offences, and to secure the Collection of the publick Tax; which, ever since the Province had been saddled with a Palace, the Regulators had refused to pay. The Jurisdiction for holding Pleas of all capital Offences was, by a former Law, confined to the particular District in which they were committed. This Act did not change that Jurisdiction; yet your Excellency, in the Fulness of your Power, established a new One for the Trial of such crimes in a different District. Whether you did this through Ignorance or Design can only be determined in your own Breast; it was equally violative of a sacred Right every British Subject is entitled to, of being tried by his Neighbours, and a positive Law of the Province you yourself had ratified. In this foreign Jurisdiction, Bills of Indictment were preferred, and found, as well for Felonies as Riots against a Number of Regulators; they refused to surrender themselves within the Time limited by the Riot Act, and your Excellency opened your third Campaign. These Indictments charged the Crimes to have been committed in Orange County in a distinct District from that in which the Court was held. The Superior Court Law prohibits Prosecution for capital Offences in any other District than that in which they were committed. What Distinctions the Gentlemen of the Long Robe might make on such an Occasion I do not know, but it appears to me those Indictments might as well have been found in your Excellency’s Kitchen; and give me Leave to tell you, Sir, that a Man is not bound to answer to a Charge that a Court has no Authority to make, nor doth the Law punish a Neglect to perform that which it does not command. The Riot Act declared those only outlawed who refused to answer to Indictments legally found. Those who had been capitally charged were illegally indicted, and could not be Outlaws; yet your Excellency proceeded against them as such. I mean to expose your Blun-..."
*Literal transcript with "long S's" removed produced by Google Gemini
The full transcript of the historic "Atticus" letter is available to read at the UNC Documenting the American South collection and held within the Colonial and State Records group. You can read it in its entirety here. Mr. "Atticus" is very detailed in his laundry list of grievences - eight pages of them! He pulls no punches, accusing that Tryon's "legal charges are about as valid as if you had written them on a napkin in your kitchen." He further call high-ranking lawyers and judges "gentlemen of the long robe." He pushes stridently for "trial by neighbors," as opposed to trial in a distant city with the jury made up of the Governor's cronies. This is definitely worth a read if you want to get in the headspace of a pre-Revolutionary colonist living in the Piedmont region of North Carolina in the time period.
Johnston Riot Act
Primary Source: An Act for Preventing Tumultuous and Riotous Assemblies
Atticus at NCPedia
Captain Benjamin Merrell & The Regulators of Colonial North Carolina - selected reading from earlier published family histories.
