Outrages upon Fanning.

ing the night.

Sketch of his Public Life.

Mock Court and Trials.

Yorke.

On the following morning, when they discovered that the judge had escaped, they beat Fanning again, demolished his costly furniture, and pulled down his house. They intended to burn it, but the wind was high, and they apprehended the destruction of other property. These proceedings were highly disgraceful, and the harsh treatment of Fanning was condemned by all right-minded men.

When this violence was completed, they repaired to the court-house, and appointed a schoolmaster of Randolph county, named Yorke, clerk; chose one of their number for

Fanning pay loses Nothing

YORKE'S AUTOGRAPH.

Lost but

judge; took up the several cases as they appeared upon the docket, and adjudicated them, making Fanning plead law; and then decided several suits. As the whole proceedings were

intended as a farce, their decisions were perfectly ridiculous, while some of the "remarks" by Yorke were vulgar and profane.'

1 Fanning's house was upon the site of the present Masonic Hall, a handsome brick building within a grove on King Street. On the opposite side of the street is his office, too much modernized for a drawing

of it to possess any interest. EDMUND FANNING was a native of Long Island, New York, son of Colonel Phineas Fanning. He was educated at Yale College, and graduated with honor in 1757. He soon afterward went to North Carolina, and began the profession of a lawyer at Hillsborough, then called Childsborough. In 1760, the degree of L.L.D. was conferred upon him by his alma mater. In 1763, he was appointed colonel of Orange county,

and in 1765 was made clerk of the Superior Court at Hillsborough. He also represented Orange county in the Colonial Legislature. In common with other lawyers, he appears to have exacted exorbitant fees for legal services, and consequently incurred the dislike of the people, which was finally manifested by acts of violence. He accompanied Governor Tryon to New York, in 1771, as his secretary. Gov. ernor Martin asked the Legislature to indemnify Colonel Fanning for his losses; the representatives of the people rebuked the governor for presenting such a petition. In 1776, General Howe gave Fanning the commission of colonel, and he raised and commanded a corps called the King's American Regiment of Foot. He was afterward appointed to the lucrative office of surveyor general, which he retained until his flight, with other Loyalists, to Nova Scotia, in 1783. In 1786 he was made lieutenant governor of Nova Scotia, and in 1794 he was appointed governor of Prince Edward's Island. He held the latter office abou: nineteen years, a part of which time he was also a brigadier in the British army, having received his commission in 1808. He married in Nova Scotia, where some of his family yet reside. General Fanning died in London, in 1818, at the age of about eighty-one years. His widow and two daughters yet (1852) survive. One daughter, Lady Wood, a widow, resides near London with her mother; the other, wife of Captain Bentwick Cumberland, a nephew of Lord Bentwick, resides at Charlotte's Town, New Brunswick. I am indebted to John Fanning Watson, Esq., the Annalist of Philadelphia and New York, for the portrait here given.

EDMUND FANNING.

General Fanning's early career, while in North Carolina, seems not to have given promise of that life of usefulness which he exhibited after leaving Republican America. It has been recorded, it is true, by partisan pens, yet it is said that he often expressed regrets for his indiscreet course at Hillsborough. His after life bore no reproaches, and the Gentlemen's Magazine (1818), when noting his death, remarked, "The world contained no better man in all the relations of life."

2 The fac similes here given of the writing of Fanning and Yorke are copies which I made from the original in the old record book. The first shows the names of parties to the suit entered by Fanning on the record. The mock court, of course, decided in favor of the defendant, Smith, and opposite these names and the record of the verdict, Yorke wrote, with a wretched pen, the sentence here engraved: "Fanning pays cost, but loses nothing." He being clerk of the court, and the lawyer, the costs were payable to himself, and so he lost nothing. Yorke was a man of great personal courage, and when, a few years later, the war of the Revolution was progressing, he became the terror of the Loyalists in that region. An old man on the banks of the Allamance, who knew him well, related to me an instance of his daring. On one occasion, while Cornwallis was marching victoriously through that section, Yorke, while riding on horseback in the neighborhood of the Deep River, was nearly surrounded by a band of Tories. He spurred his horse toward

Military Expedition against the Regulators. Bad Treatment of Husband. Tryon's March to Hillsborough.

His Officers.

Judge Henderson, who was driven from the bench, called upon Tryon to restore order in his district. The governor perceived that a temporizing policy would no longer be expedi ent, and resolved to employ the military force to subdue the rebellious spirit of the Regulators. He deferred operations, however, until the meeting of the Legislature, in December. Herman Husband was a member of the Lower House, from Orange, and there were others in that body who sympathized with the oppressed people. Various measures were proposed to weaken the strength of the Regulators; and among others, four new counties were formed of portions of Orange, Cumberland, and Johnson. Finally, when the Legislature was about to adjourn without authorizing a military expedition, information came that the Regulators had assembled in great numbers at Cross Creek (Fayetteville), with the intention of marching upon Newbern, having heard that their representative (Husband) had been imprisoned.' The Assembly immediately voted two thousand dollars for the use of the governor. The alarmed chief magistrate fortified his palace, and placed the town in a state of defense. also issued a proclamation,a and orders to the colonels of the counties in the vicinity, a Feb. 7, to have the militia in readiness. These precautions were unnecessary, for the Regulators, after crossing the Haw, a few miles above Pittsborough, to the number of more than one thousand, met Husband on his way home, and retraced their steps.

He

1771.

1771.

The governor soon issued another proclamation, prohibiting the sale of powder, shot, or lead, until further notice. This was to prevent the Regulators supplying themselves with munitions of war. This measure added fuel to the flame of excitement, and finally, the governor becoming again alarmed, he made a virtual declaration of war, through his council. That body authorized him to raise a sufficient force to march into the rebellious districts and establish law and order. The governor issued a circularb to the colonels, b March 19, ordering them to select fifty volunteers from their respective regiments and send them to Newbern. With about three hundred militia-men, a small train of artillery, some baggage wagons, and several personal friends, Tryon left Newbern on the twenty-fourth of April. On the fourth of May he encamped on the Eno, having been re-enforced by detachments on the way.' General Hugh Waddel was directed to collect the forces from the western counties, rendezvous at Salisbury, and join the governor in Orange (now Guilford) county. While he was waiting at Salisbury for the arrival of powder from Charleston, a company of men assembled in Cabarras county, blackened their faces, intercepted the convoy with the ammunition, between Charlotte and Salisbury, routed the guard, and destroyed the powder.

the river, his enemies in hot pursuit. Reaching the bank, he discovered he was upon a cliff almost fifty feet above the stream, and sloping from the top. The Tories were too close to allow him to escape along the margin of the river. Gathering the reins tightly in his hands, he spurred his strong horse over the precipice. The force of the descent was partially broken by the horse striking the smooth sloping surface of the rock, when half way down. Fortunately the water was deep below, and horse and rider, rising to the surface, escaped unhurt. It was a much greater feat than Putnam's at Horse Neck.

These were Guilford, Chatham, Wake, and Surrey.

Tryon, who feared and hated Husband, procured the preferment of several charges against him, and he was finally arrested, by order of the council, and imprisoned for several days. The charges, on investigation, were not sustained, and he was released.

3 Colonel Joseph Leech commanded the infantry, Captain Moore the artillery, and Captain Neale a com

Josephstech
Chris
Unis & Neale

pany of rangers. On his way to the Eno, he was joined by a detachment from Hanover, under Colonel John Ashe; another from Carteret, under Colonel Craig; another from Johnston, under Colonel William Thompson; another from Beaufort, under Colonel Needham Bryan; another from Wake, under Colonel Johnson Hinton; and at his camp on the Eno, he was joined by Fanning, with a corps of clerks, constables, sheriffs, and other materials of a similar kind. The signatures here given, of two of Tryon's officers on this occasion, I copied from original committee reports to the Colonial Legislature, now in possession of the Reverend Dr. Hawks. Some of these officers were afterward active patriots. Several other signatures of North Carolina men given in this work, I copied from the same documents.

Dispersion of Waddel's Troops.

a 1771.

b May 13.

c May 16.

Tryon's March toward the Allamance.

Dr. Caldwell's Mediation.

Battle.

General Waddel crossed the Yadkin on the morning of the tenth of May,a intending to join Governor Tryon. He had advanced but a short distance, when he received a message from a body of Regulators, warning him to halt or retreat. Finding that many of his men were averse to fighting, and that others were favorable to the Regulators, and were thinning his ranks by desertions, he retreated across the Yadkin, hotly pursued by the insurgents. They surrounded Waddel's small army, and took several of them prisoners, after a slight skirmish. The general and a few followers escaped to Salisbury. Tryon, informed of the disaster of Waddel, broke up his camp on the Eno, crossed the Haw just below the Falls, and pressed forward toward the Allamance, where he understood the Regulators were collecting in force on the Salisbury Road. He encamped very near the scene of Colonel Pyles's defeat in 1781, within six miles of the insurgents, just at sunset, and during the night sent out some scouts to reconnoiter.' On the fifteenth he received a message from the Regulators, proposing terms of accommodation, and demanding an answer within four hours.' He promised a response by noon the next day. At dawn the following morninge he crossed the Allamance, a little above the present site of Holt and Carrigan's cotton factory, and marched silently and undiscovered along the Salisbury Road, until within half a mile of the camp of the Regulators, where he formed his line in battle order. Dr. Caldwell, who was there, with many of his parishioners, now visited the governor a second time, and obtained a renewal of a promise made the night before to abstain from bloodshed; but Tryon demanded unconditional submission. Both parties advanced to within three hundred yards of each other, when Tryon sent a magistrate, with a proclamation, ordering the Regulators to disperse within an hour. Robert Thompson, an amiable, but bold, outspoken man, who had gone to Tryon's camp to negotiate, was detained as a prisoner. Indignant because of such perfidy, he told the governor some plain truths, and was about to leave for the ranks of the Regulators, when the irritated governor snatched a gun from the hands of a militia-man and shot Thompson dead. Tryon perceived his folly in a moment, and sent out a flag of truce. The Regulators had seen Thompson fall, and, deeply exasperated, they paid no respect due to a flag, and immediately fired upon it.' At this moment Dr. Caldwell rode along the lines and urged his people and their friends to disperse; and had an equal desire to avoid bloodshed guided the will of Tryon, valuable lives might have been spared. But he took counsel of his passions, and gave the word "Fire!" The militia hesitated, and the Regulators dared them to fire. Maddened with rage, the governor rose in his stirrups and shouted " Fire! fire on them, or A volley ensued, and the cannons were discharged with deadly effect. The fire was returned, and the governor's hat was pierced by a musket-ball. He sent out a flag of truce, but the bearer immediately fell. Some young men among the Regulators rushed forward and took possession of the cannons. They did not know how to manage them, and soon abandoned them. The military now fired with vigor, and the Regulators fell back to a ledge of rocks on the verge of a ravine, not, however, until their scanty supply of ammunition was exhausted. They had no acknowledged leader; for as soon as it was evident Colonel Ashe and Captain John Walker, who were out reconnoitering, were caught by the Regulators, tied to a tree, severely whipped, and detained as prisoners. The great body of the Regulators in camp censured this cruelty and disclaimed approval.

on me!"

2 The Reverend David Caldwell, D.D., of Orange, many of whose congregation were with the Regulators, was the messenger on this occasion, and received from Tryon the most positive assurances that no blood should be shed unless the insurgents should be the first aggressors. Dr. Caldwell was a pure patriot, and during the war which ensued a few years later, himself and family were great sufferers for "conscience'

sake."

3 Tradition currently reported that Donald Malcolm, one of Governor Tryon's aids, and who was afterward a very obnoxious under-officer of the customs at Boston, was the bearer of the flag. When the fir. ing commenced, he retreated with safety to his person, but had the misfortune to have the buttons of his small clothes leave their fastenings. Trumbull, in his M'Fingall, with rather more wit than modesty, no tices the circumstance in four lines.

1

Captain Montgomery, who commanded a company of Mountain Boys, was considered the principal leader, if any might be called by that name. He was killed by the second fire of the cannon, when most of the Regulators fled. James Pugh, a young gunsmith from Hillsborough, and three others, shielded by

Flight of Husband.

Defeat of the Regulators.

The Battle ground.

Cruelty of Tryon.

that blood would be shed, Herman Husband, the soul of the agitation, declared that his peace principles as a Quaker would not allow him to fight, and he rode off, and was not seen again in North Carolina until the close of the Revolution. Charity must stretch her mantle to cover this delinquency of the leader of the Regulators; for why should he have urged the people to assemble for resistance unless they were to fight? All was confusion when the conflict began, and each fought for life and liberty in his own way. Although they were defeated in that early conflict that first battle of our war for independ

ence they were not subdued, and many of the sur

vivors were among the most determined opposers

of Cornwallis a few years later. Nine of

the Regulators and twenty-seven of the

militia fell in that conflict, and a

great number on both sides were

wounded. Tryon, in his report, said, "The loss of

our army in killed, wounded, and missing, amounted to about sixty men."

The admitted excesses of the Regu lators afford no excuse for the cruelty of Tryon after the battle on the Allamance. With the

implacable spirit of

revenge, he spent his wrath upon his prisoners, and some of his acts were worthy only of a barbarian. Having rested a few days near the battle-ground, he went on as far as the Yadkin,

a ledge of rocks on the edge of a ravine, did great execution with rifles. Pugh fired while the others loaded, and he killed fifteen men. He was made prisoner, and was one of six who were hung at Hillsborough. 1 Martin, Williamson, Caruthers, Foote.

This view is from the south side of the Salisbury Road, which is marked by the fence on the left. The belligerents confronted in the open field seen on the north of the road, beyond the fence. Between the blasted pine, to which a muscadine is clinging, and the road, on the edge of a small morass, several of those who were slain in that engagement were buried. I saw the mounds of four graves by the fence, where the sheep, seen in the picture, are standing. The tree by the road side is a venerable oak, in which are a few scars produced by the bullets.

3 Among his victims was a young carpenter of Hillsborough, named James Few. He was the sole support of his widowed mother, and had suffered greatly, it is said, at the hands of Fanning. Young Few alleged that he had not only made him feel the curse of his exactions, but had actually seduced a young girl who was his betrothed. Driven to madness, he joined the Regulators, was taken prisoner, and was hung on the night after the battle, without trial, and without witnessing friends.* Justice to the dead, and a regard for the truth of history, demand the acknowledgment that this story, like the apocryphal one that the Regulators cut off Fanning's ears,t needs confirmation, and rests solely upon uncertain tradition. It is further related that Tryon destroyed the property of Few's mother when he reached Hillsborough ! Captain Messer, who was made prisoner, was sentenced to be hanged the day after the battle. His wife, informed of his intended fate, hastened to him with her little son, a lad ten years old. She pleaded for her husband's life in vain. Messer was led to execution, while his wife lay weeping upon the ground, her boy by her side. Just as Messer was to be drawn up, the boy went to Tryon and said, "Sir, hang me, and let my father live." "Who told you to say that ?" said the governor. "Nobody," replied the lad. "And why," said the governor, "do you ask that?" "Because," the boy replied, "if you hang my father, my mother will die, and the children will perish." The heart of the governor was touched, and he said, * Foote's Sketches of North Carolina, pages 61, 62.

† See Johnson's Traditions and Reminiscences of the Revolution, page 573.

Tryon's Prisoners exhibited in Chains. Execution of Six of them. Effect of the Regulator Movement. Career of Husband

and, after issuing a proclamation of pardon to all who should lay down their arms & May 17, 1771. and take the oath of allegiance before the tenth of July, except a few whom he named, he made a circuitous route through Stokes, Rockingham, and Guilford counties, back to Hillsborough, exhibiting his prisoners in chains in the villages through which he passed. He exacted an oath of allegiance from the people; levied contributions of provisions; chastised those who dared to offend him; and at Hillsborough he offered a large reward for the bodies of Husband and other Regulators, "dead or alive."1 On his march he held courts-martial for trying civil cases, burned houses, and destroyed the crops of inoffensive people. At Hillsborough he held a court-martial for the trial of his prisoners. Twelve were condemned to suffer death; six were reprieved, and the others were hung,b among whom was Captain Messer, whose life had been spared a few days before by the intercession of his little child. His thirst for revenge satiated, Tryon returned to his palace at Newbern, where he remained but a short time, having been called to the administration of affairs in the province of New York. Josiah Martin succeeded him as governor, and acted with judgment. He so conciliated the Regulators that many of them were firm Loyalists when the governor was finally driven away by the Whigs.

b June 19, 1771.

nessee.

The movements of the Regulators and the result of the battle on the Allamance, form an important episode in the history of our Revolution. Their resistance arose from oppressions more personal and real than those which aroused the people of New England. It was not wholly the abstract idea of freedom for which they contended; their strife consisted of efforts to relieve themselves of actual burdens. While the tea-duty was but a pepper-corn tribute," imposing no real burden upon the industry of the people in New England, extortion in every form, and not to be evaded, was eating out the substance of the working-men in North Carolina. Implied despotism armed the New Englanders; actual despotism panoplied the Carolinians. Each were equally patriotic, and deserve our reverent gratitude. The defeat on the Allamance did not break the spirit of the patriots; and many, determined no longer to suffer the oppressions of extortioners, abandoned their homes, with their wives and children, went beyond the mountains, and began settlements in the fertile valleys of TenAs Mr. Bancroft, in a letter to the Honorable David L. Swain, happily expressed it, Like the mammoth, they shook the bolt from their brow, and crossed the mountains." While the Regulator movement planted deep the seeds of resistance to tyranny, the result of the battle on the Allamance was disastrous in its subsequent effects. The people, from whom Tryon wrung an oath of allegiance, were conscientious, and held a vow in deep reverence. Nothing could make them swerve from the line of duty; and when the hostilities of the Revolution fully commenced, hundreds, whose sympathies were with the patriots, felt bound by that oath to remain passive. Hundreds of men, with strong hearts and hands, would have flocked around the standards of Gates and Greene, in Guilford, Orange, and the neighboring counties, had not their oath been held too sacred to be violated, even when it was evident that the king could no longer protect them. Loyalty to conscience, not opposition to the principles of the Revolutionists, made these men passive; for their friends and neighbors on the other side of the Yadkin, where Tryon's oath was not exacted, were among those who earliest cast off their allegiance to the British crown.

The course of Governor Martin was generally so judicious, that the people of North Car

"Your father shall not be hanged to-day." Messer was offered his liberty if he would bring Husband back. He consented, and his wife and children were kept as hostages. He returned in the course of a few days, and reported that he overtook Husband in Virginia, but could not bring him. Messer was immediately bound, and, after being exhibited with the other prisoners, was hung at Hillsborough.

1 Husband fled to Pennsylvania, and settled near Pittsburgh. He went to North Carolina on business soon after the close of the war, but did not remain long. In 1794 he was concerned in the "Whisky Insurrection," in Western Pennsylvania, and was appointed on the Committee of Safety with Brackenridge, Bradford, and Gallatin. Husband was arrested, and taken a prisoner to Philadelphia, where he was pardoned, through the interposition of Dr. Caldwell who happened to be there, Dr. Rush, and the North Carolina senators. He met his wife on his return home, and died at an inn before he reached his own neighborhood. Husband was a member of the Pennsylvania Legislature for some years.