The New Hampshire Gazette And Historical Chronicle

NEW YORK. North-Carolina, June 19, 1771.

Sundry Papers and Letters have been found in the house of Herman Husbands (the Cataline of this province) by which it appears, the insurgents were confident they should defeat the Governor, and were determined to put every man in his army to death---that they looked upon themselves as much masters of the province that many of the public officers were already disposed of among themselves---such were the views such were the designs of these people, of whom it has been iniquitously reported, "that they wanted only to obtain justice for their poor oppressed brethren." But these diabolical schemes are now happily defeated, and Alamance is made their court of record. Yet, though every friend to his country must rejoice at the success of the loyalists, it is impossible not to lament the fate of those unhappy people, who thro' their own ignorance have been persuaded by a few artful and designing men, to join with them and impiously attempt to subvert the constitution of the province.

June 28. On Monday evening last his Excellency the Governor, returned to the Palace, in good health, from the expedition against the Regulators; and tho' it was late in the evening before he arrived, yet as soon as it was known, the whole Town was instantly illuminated, & a bon-fire kindled. Many Gentlemen met, and spent the remainder of the evening in festive joy, for the safe return and happy deliverance of his Excellency's person from the imminent perils to which it has been exposed in the late battle with the Regulators.

Wednesday the whole Town met in a Body and waited on his Excellency at the Palace with a congratulatory Address, to which he returned a very polite Answer.

But before the Battle between our Troops and the Regulators began, they sent his Excellency the following Petition.

The PETITION of us the Inhabitants of Orange County.

Humbly sheweth,

First, THAT we have often been informed of late, that your Excellency is determined not to lend a kind ear to the just complaints of the people in regard to having roguish Officers discarded, and others more honest propagated in their stead; and Sheriffs and other officers in power who have abused the trust reposed in them, to be brought to a clear, candid, and impartial account for their past conduct, and other grievances of the like nature, we have long labored under, without any apparent hopes of redress.

Secondly, That your Excellency is determined on taking the lives of many inhabitants of this County, and others adjacent to it; which persons being nominated in the advertisement we know them to be Men of the most remarkable honest characters of any in our County.---These aspersions, though daily confirmed to us, yet scarcely gains credit with the more polite amongst us; till, being so often confirmed, we cannot help having some small jealousies abounding among us. In order therefore to remove them, we would heartily implore your Excellency, that of your clemency you would so far indulge us as to let us know (by a kind answer to this Petition) whether your Excellency will lend an impartial ear to our petition or no; which, if we can be assured of, we will with joy embrace so favourable an opportunity of laying them before, your Excellency, with a full detail of all our Grievances, and remain in full hopes and confidence of being redressed by your Excellency, in each and every of them, as far as lies in your power; which happy change would yield such alacrity, and promulgate such harmony in poor pensive North-Carolina, that the sad presaged Tragedy of the warlike Troops marching with ardour to meet each other, may, by the happy conduct of our Leaders on each side be prevented. The interest of a whole Province, and the Lives of his Majesty's Subjects, are not Toys, or matters to be trifled with. Many of our common people are mightily infatuated with the horrid alarms we have heard; but we still hope they have been wrong represented. The chief purport of this small petition, being to know whether your Excellency will hear our petition or no: We hope for a speedy and candid answer. In the mean time, your humble petitioners shall remain in full hopes and confidence of having a kind answer.

And as in Duty bound shall ever pray, &c.

Signed in behalf of the County, by John Williams,

Joseph Scott,

Samyel Low;

Samuel Clark,

James Wilfont

To which his Excellency sent the following ANSWER.

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 in it; lament the fatal necessity to which you have 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 rely on the lenity and mercy of Government: By accepting Terms in one Hour from the delivery of this dispatch you will prevent effusion of Blood, as you are at this time in a state of War and Rebellion against your King, your Country and your Laws.

To the People now assembled in Arms,

who style themselves Regulators.

THE Supreme Court of Oyer and Terminer for the trial of the Regulators in the Back Country, began at Hillsborough the 20th of May, & continued to the 20th of June; during which twelve were tried and condemned for High Treason, the evidence against them being clear, that they, with a large body of Regulators, withstood and opposed the forces under his Excellency's command, in the battle of the 16th of May last; which Act is declared to be Treason by a Law of this Province, passed the last Session of Assembly. Bills of Indictment were found against two others upon the same charge, but the Petit Jury acquitted them. His Excellency the Governor was pleased to suspend the execution of six out of twelve, till his Majesty's pleasure be known; the other six were executed on Wednesday the 19th instant, at Hillsborough: Among these last the most distinguished was Benjamin Merrill, who had for some years been a Captain of Militia in Rowan County.

When the Chief Justice passed Sentence, he addressed himself in the following Manner:

"Benjamin Merrill, you have been indicted and found guilty by your Country of High Treason, which is the greatest Crime that any Man can commit, considered as a member of the community; because thereby he would overturn that state of order and civil government, which secures to us every thing that is valuable or desirable in life.

To complain of Grievances, and to endeavour a redress of them in a lawful way, is not only justifiable, but praise worthy; but to snatch the word from the Magistrate, and to refer to the decision of arms, what the laws of your country should alone determine, is a most detestable crime; for it brings on the miseries of an intestine war, which is perhaps the greatest evil that any nation or people can suffer.

It is probable, that when you first formed your fatal connexion with the people called Regulators, you did neither intend or foresee the mischiefs they would lead you into'; but greatly infatuated as you was, it is matter of astonishment that the Act of Assembly, passed the last session could, not restrain you from the rash and violent action which has now brought you to the bar of this court, That act ordained, that if any body of men should withstand or oppose an armed force raised in virtue thereof, that
in such case they should be adjudged Traitors, and suffer accordingly. Divine Providence, which ever acts for wise and gracious purposes, permitted you and your deluded companions to despise this law; you daringly withstood his Majesty's troops, and wantonly, and wilful, rushed upon your fate.

- "I earnestly beseech you to employ the short time you have to live, in a manner suitable to your unhappy condition; that so, after having satisfied the offended justice of your country, we may yet piously hope, that you will obtain forgiveness at the throne of GOD.

"I must now close my afflicting duty, by pronouncing upon you the awful sentence of the law which is, That you Benjamin Merrill, be carried to the place from whence you came, that you be drawn from thence to the place of execution, where you are to be hanged by the neck ;. that you be cut down while you are yet alive, that your bowels be taken out and burnt before your face, that your head be cut off, your body divided into four quarters, and this to be at his Majesty's disposal ; and the Lord have mercy upon your Soul."

Nine other persons were indicted for robbing a Waggon of 32 pounds of powder, and were acquitted, the Court and Jury being satisfied that the Facts, as proved, did not amount to the Crime of Robbery. They were afterwards indicted for a Trespass, found guilty, and fined each 20s. Proc. which the most of them immediately paid, and were discharged.

Herman Husbands, James Hunter, James Butler and Rednap Howell, the principal authors of this insurrection have made their escape, but it is hoped just vengeance will yet overtake them: