The New Hampshire Gazette And Historical Chronicle

From the BOSTON GAZETTE, June 24.

By the last Accounts from North-Carolina, published in the late Papers here, the Circumstances of that Colony appear to be truly alarming. No Man will believe that the People would rise in Arms against the Government there, without some Reason for it. They are called Factions and Rebels: These are Terms of Reproach usually apply'd by Oppressors to those who resist Oppression; and however ready some who have taken to themselves the Appellation of Friends to Government may be, to fix such odious Terms on the People, when they murmur at and complain of the Measures of Government, be it remembered that it is possible for the Government itself to rebel, and when those who are entrusted with the conduct of the Affairs of the Public, oppress the People, instead of protecting them, and do them wrong, instead of distributing impartial Justice among them, they, and not the People who resist them, are Rebels.---We have lately seen the Accounts of the Conduct of the Governor of North Carolina and the Loyalists as they call themselves, and those who are called Regulators, printed by Authority; Audi utramque partem, Hear both Sides: This is just; but it may be full as difficult for those People in the back Parts of that Colony, who say they are oppressed, to make known their Grievances to the World, as it would have been for the Counties of Hampshire and Berkshire, or Cumberland and Lincoln, in this Province, in Case they had been alike aggrieved, and the Press in Boston had been under the Controul of those who oppress'd them: Hence it may be, that we have been, and are still at a Loss to find the particular Causes of Convulsions which have already issued, and the Bloodshed of our Fellow Subjects on both Sides-----May God prevent any further! It is to be hoped we shall have a full Account of this important Matter before long; in the mean Time the Reader is presented with the best Light we can at present afford, in the following Letter, published in New-bern, North-Carolina, Dec. 7, 1770.

To the Hon. Maurice Moore, Esq; at Newbern.

SIR,

ORANGE, Nov. 23, 1770.

The other day I received an open letter from you, by the hand of Mr. John Butler, and observe the contents. You say it is an answer to a letter you received from a person who styles himself A True Regulator, and suppose it to be from Mr. Husband and me. As to the letter I know nothing about it, or the author; I have always subscribed my name to all the letters I ever wrote; however, as your answer relates to the regulation, I shall cheerfully undertake to answer it, especially as you have charged us with what we are wholly innocent of, and some things we are wholly unacquainted with. You charge Husband and me with being the essence of that regulation, which has produced so much irregularity in the province. If you would only turn yourself round, and view the many enormities, extortions and exactions, daily practised on us by lawyers, clerks, registers, sheriffs, &c. I am sure you could not in truth count us the essence of it-

As to charging you with writing friendly to Col. Fanning, I never charged you or any other man about it, except Col. Fanning himself, for exposing your private letter. However, I observe you plead much in his behalf, to excuse his extortion, even to the calling our laws and table of fees intricate and confused: so that no two judges can agree in the construction of them, and then recommend us to use charity on his plea of ignorance, &c. Pray, Sir, use that same charity towards us and our ignorance, and I am sure you will not wonder the people are confused also under such laws, especially as we have so many similar cases of convulsions and confusions daily published in every news-paper. But pray, Sir, observe, by the way, Fanning had not one similar case in the whole province, not even his predecessors; and it is observable also that he could not possibly raise such a fortune from nothing in a few years, and maintain such extravagance as he did, but by extortion & grinding the face of the poor. Besides, he endeavoured to engage the registers in other counties to follow his example, but none of their consciences proved large enough. As to Tyrel's case, I always tho't his crime did not deserve to take his life, nor indeed all his fortune. And as to Mr. Husband's case, almost every man in the whole county was eye and ear witness to it themselves; and ever so much scholastick stating of facts, that you or any other can contrive, will not beat us out of a known truth. How were Milner and Nash strangers to them that imprisoned Husbands? You say Husbands, you believe, was imprisoned at the suit of the Crown but I believe the Crown had commenced no suit against him till after the giving them bonds. He was imprisoned by guards, procured by lawyers, clerks, and other extortionate officers, collected for that purpose; and such officers got his bonds, and was there in company with them. How is the case then just as you have stated it? Every body believes there was a joint confederacy of extortionate officers to cow him from bringing their extortions to light; and I believe, had evidence been allowed, it would have appeared so to the jury. How could it appear otherwise? He was first taken without a warrant, not by any sheriff or civil officer, but by a banditti of lawyers, clerks, tavern keepers, &c. sent to goal without a mittimus, then taken out at midnight, put under guard, tied his feet under the horse's belly, a gallows fixed in the goal, and his trial to be under the mouths of cannon, and could not even walk within the limits assigned him, but bayonets thrusting at him, and other weapons of war, and, after all, not one jot or tittle could be proved against him. You say Mr. Hooper well knew that no allegation as duress could be proved against Mr. Milner. It was not possible Mr. Hooper could well know any such thing. Husbands had several messages sent him before the court that £200, was the sum agreed on for him to pay. This first put it in his head that that sum would pacify them, for it was no matter to whom it was paid so it went among the fraternity; and I verily think, on the whole, it would have appeared duress to every man who had the smallest degree of candour or humanity in their composition. So much for that case: And now I will endeavour to answer in order every question you have asked, that I am, or so far as I am concerned. And as to your first question, I can take God to witness that it was for the sake of public justice that we prosecuted every officer, and not for resentment, spite, malice, nor gain; but the motive that stirred me up, was the repeated cries of the oppressed people.

2dly. It was for the reformation of Magistrates, and other officers, that we used on the penal laws; and not for the sake of the penalty, We had bound ourselves up not even to bear expenses with the money, but to apply it to pay off extortionate fees. You took care, however, among you, that we should get little money that way, or let many of them be reformed, but they were rather established in their cursed evil extortionate practices,

3dly. In answer to your 3d question, Solomon says, "Oppression will make a wise man mad, and " if you tread upon a worm it will turn and fight." We are wholly deprived of justice. I dare say, try it when you will, three-fourths of the people in this county will say, even on oath, that they verily believe we were deprived of justice.

4thly. As to the ambuscade being laid for Mr. Henderson & Fanning, the report is entirely groundless, at least as far as I know.

5thly. I can truly say it is out of pure love to ourselves, our neighbours, and our posterity that we contend unwearied constitutional rights and privileges, and not to protect any particular or private property whatsoever.

6thly. It is in support of government that we choose to keep our money until we have some probability or assurance that it will be applied towards the support of government. Can any just man blame us for this, or say we have not a just cause to withhold it, when we have had but one sheriff these thirteen years who have settled their public accounts. As to the 7th question, I am not concerned to answer it, having never beat a sheriff in my life; and as to Demosthenes, Cicero, or the P S. of the letter, I know nothing about nor who they were: And I should think it the happiest day I ever saw; if I could with security to my property betake myself to a quiet and honest industry, it is all my heart's desire. And as to running the country to 7 or 8000l. cost, it is astonishing to think that any government should run to such a cost purely to screen and uphold a lawless pack of unjust extortionate officers, insolvent sheriffs, roguish bums, &c. and as to quelling us by a military force, rather than allow us the just execution of that confused law you speak of: for that, justly executed, would satisfy every one. But if we must fall a sacrifice to that military force, we shall not be the first, but must bear it, for death itself is better than such slavery. Is it possible you cannot know our just complaint, or are you wilfully blind and deaf to our calamities? Some for a debt of 43s. have paid 56l. cost. and executions out for 148l. more. Another sent a horse to an Attorney, and for asking him again was put in prison and ruined. But what am I going to undertake? It would take a large folio volume to contain our complaints of that nature. You say, if any person has been unjustly dealt by, let him apply to the law, and he shall be redressed.

Alas!

Sir, some of us have attended court, court after court, this two years and upwards, with our complaints, to your knowledge, and have almost brought ourselves to the brink of ruin by attending court, and paying the cost of malicious prosecutions, and are no nearer redress than we were at first. I shall now in return ask you a few questions, and shall be glad to receive distinct answers to them, 1st. When the Governor had promised the Attorney General's assistance, signifying the King hated nothing more than extortion in his officers, why did you put off the trials, except a few against Col. Fanning, the first court, court after court, till the evidences were tired out, and then shew such a dislike to our prosecuting them as you did, both personally in court, and by this your letter? 2dly. Why was you so careful on every of the said trials, except the first, as to hide from us the just fees? Was not this to keep us just where we were, at an uncertainty what they ought to take, that they might still carry on their extortion? 3dly. Why was the suit against Patrick Craton, for a malicious prosecution, & against Mr. Husbands, continued from court to court, and never suffered to come to trial? Was it not because the laws were so clear in their favor, that they would certainly be cleared and the country then would be afraid no longer to prosecute officers? Many of these questions I might ask, but least I should tire your patience, I conclude, and subscribe myself,

Sir,

Your humble servant,

JAMES HUNTER.

P. S. There is one question occurs, which I think too material to be omitted; that is, when you shewed so much earnestness to prosecute rioters, on the side of the country. and yet when Fanning and Hart, who were officers, were indicted for a riot, and the bill found why were those suits never suffered to come to trial at all?

J. H.

WILMINGTON, May 22.

By Letters from Cross-Creek this Moment arrived, we have Advice that the Regulators in the back Settlements of this Province, have given his Excellency and the Troops under his Command Battle. The Particulars take as follows.----Tuesday day last the 14th Instant, his Excellency received Intelligence by some scouting Parties detached by him, of the Regulators being encamped at about 4 Miles distant, and further learnt by Some Straglers from the Regulators Camp, who were taken Prisoners, that their Design if possible was to surround the Army under his Command, being about 2000 strong, and they 2200. However they sent in a Petition, setting forth that they would immediately return to their Homes, and pay their Taxes like good Subjects, provided his Excellency would pardon them: He Answered, that unless they delivered up their Arms, & all the Men who were out-lawed, and then beg Pardon, he could not think of it: Which Answer being returned them, on the next Day he had Advice they were in full march towards him :--On which he put his Army in Order of Battle, waiting to receive them on a large Dutch Plantation :---About ten in the Morning they appeared, and the two Parties stood parlying for about an Hour, but could not agree: His Excellency at last ordered a full Discharge of the Artillery, on which the Engagement became general, and lasted with great Fury for about half an Hour, when the Regulators began to retreat on all Sides, having 60 killed outright, and Numbers wounded: On our Side we had one Lieutenant, one Serjeant, and three private Men killed, and 40 wounded, among the wounded is Mr. Cornell, and Col. Harris, the latter mortally. His Excellency could not pursue them by Reason of their skulking behind Trees and Bushes with their Rifles loaded. Our People are daily expecting another Engagement, they encrease every Moment, while his Excellency scarce gets a Man. The Writer of the above adds, This I had from Wilmington, but I don't know how they will make it out, as the Regulators won't stand to the Laws of their Country, but want to make Laws of their own.

W I L L I A M S B U R G, (Virginia) May 30.

By letters from Orange County, in North-Carolina, we learn that Governor Tryon and the Regulators met on the 16th of this month. The Regulators were assembled to the number of 12 or 1500 men; and their two chiefs, Husbands and Hunter, had a conference with the Governor, who allowed them two hours to lay down their arms and repair to their respective homes, otherwise he should treat them as rebels, The time being very near expired, and nothing done on the part of the Regulators, and the Governor finding by their motions, that they were determined to give him battle, in which case he should have to cope with almost three to one, his party not consisting of more than five hundred men, a few minutes before the expiration of the time his Excellency gave directions for his little army to open to the right and left and uncover the Artillery, which they did in the utmost good order, and immediately poured in upon the Regulators a most dreadful fire from their cannon and musketry, which did great execution, there not being above fifty yards distance between the two parties; and killed, it is said, to the amount of 160 men. Although the Regulators were thrown into the greatest confusion, they returned the Governors fire, killing seven of his men, and wounded about forty. Near a hundred of the Regulators are taken prisoners. We have not been able to learn what has happened since the battle; but it is said the two chiefs of the Regulators had sent a challenge to the Governor to fight him and his party that day se'nnight.