Otis James
The Boy Spies with the Regulators

My mother had gone home; she went away the afternoon previous when the women and children were asked to leave the vicinity, and as we waited for that message which was so long delayed, I was truly thankful she had not remained, for it came into my mind that there would be a troublous, rather than a peaceful, ending.

The sun was no more than half an hour high in the heavens when we saw one who appeared to be a servant, come out of the governor's house and walk swiftly toward the ford.

It did not seem possible Tryon would send other than one of his officers on a mission to the Regulation, and yet I believed that now was come the time when we were to hear from his excellency.

The man halted at the opposite bank of the river, unfolded a huge document, and began reading that which told us to what a depth of infamy William Tryon was willing to descend in order to carry his point.

CHAPTER XII
THE PROCLAMATION

It can well be understood with what eagerness we listened to the messenger as he read from the paper in a loud tone; but he remained at such a distance that I found it impossible to catch every word, although the general purport was made sufficiently plain.

The fellow, whom we afterward came to know was one of the clerks from the sheriff's office, regaled us with a high-sounding proclamation from the governor, in which his excellency graciously pardoned all the Regulators save thirteen, whose names were twice repeated in order that there should be no mistake.

I set them down here that the world may know who were the patriots of upper Carolina in the opinion of William Tryon:

"James Hunter, Ninian Bell Hamilton, Peter Craven, Isaack Jackson, Herman Husband, Matthew Hamilton, William Payne, Malichi Tyke, William Moffat, Christopher Nation, Solomon Goff, John O'Neil, and Rednap Howell."

When the clerk ceased reading and marched back from whence he came, we on the hillside looked at each other in silent amazement while one might have counted twenty, and then on the instant every tongue was loosened.

All that had been gained by the truce was an act of outlawry against our best men, and Fanning was still the trusted servant of the king!

The one thought in the minds of all was to seize the person of the villain who held a commission from the crown as governor of the Carolinas, and a thousand voices were crying out against delay.

The officers of the Regulation held a brief consultation, and then came that command which all expected and demanded.

"To horse, gentlemen! The moment has arrived when we must declare ourselves against the king, unless he redresses our wrongs by recalling such officials as have misruled the colony!" General Hamilton cried in a loud tone, and he had no more than concluded before every Regulator was in the saddle burning to avenge the insult offered by Tryon.

The earth literally trembled beneath the hoofs of a thousand horses as we rode at full speed to the ford, then across the river, and on to the governor's residence.

The royal "army" remained on guard until we were come to within an hundred yards, and then they scattered like chaff before the wind, running in every direction, crying for quarter.

No attention was given to the cowards. Tryon, Fanning and Edwards were the men we counted on teaching a lesson, and the dwelling was surrounded in a twinkling.

Fifty gentlemen entered the building, some of them to reappear a few moments later with the fellow who had read the proclamation.

"Tryon! Tryon!" our people shouted in anger, and then came the truth which, in our simplicity and honesty, we had not suspected.

"Tryon and his henchmen left town last night escorted by twenty men!" one of those who had come out with the prisoner shouted, and we who heard the words gazed in open-mouthed astonishment, failing on the instant to understand that the villainous representative of the king had simply proposed the truce in order that he might save his own precious body.

The clerk, fearing for his life, and hoping to save it by answering the questions which were literally hurled at him, told the entire story twenty times over, until we came to realize that the three rascals had set off at full speed immediately after sunset on the day previous. By this time they were half-way to Brunswick, and however good our steeds, there was no possibility we could overtake them.

Unless we might hold the governor of the colony as our prisoner, rebellion would avail us little, save that we should retain possession of upper Carolina until such time as he could send an overwhelming force against us.

There was not a man in the ranks of the Regulators who did not realize that Tryon had outwitted us, and that our only hope lay in remaining together year after year until the other colonies should be willing to join us in the struggle for liberty.

And in the meantime, while holding out against the king, how might we gain means of subsistence? The richest among us owned only so much land, and this could not be tilled if we were forced to fight day after day to retain possession of a small extent of territory.

When all this was fully understood as we sat in our saddles near about the governor's house, I saw this man and that, the bravest among us, give way to tears, and for the time being it seemed to me that the cause of liberty was crushed.

I could not then foresee that in the principal towns of the eastern colonies would spring up branches of our association, styled "Sons of Liberty," who would resist, as we had done, the unjust demands of an unjust king until the beacon lights of rebellion were kindled on every hill. I could not foresee that massacre at Lexington and at Concord which was needed to arouse the people until no sacrifice appeared too great, so that we purchased liberty for those who should live after us.

In silence, each man hanging his head as if having suffered an ignominious defeat, instead of allowing ourselves to be tricked because of believing that a gentleman's word was sacred, we returned to the encampment on the hill, and were there formed in line for what I believed would be the last time.

There were more than Sidney and myself who looked as if bowed down with sorrow, and when we most needed words of encouragement they came from our commander, that noble old man who was, by the proclamation of one false to all the instincts of a gentleman, an outlaw on whose head a price was shortly to be set.

"Gentlemen of the Regulation," General Hamilton began, speaking loud and clear as becomes an honest man who knows in his heart that he is in the true path, "we have been deceived, and are thereby cast down by sorrow. At a time when it appeared as if we held the threads which could be woven fairly to the interests of this colony, we have, by trusting in the words of one who has no honor in his heart, lost all our advantage; but we would be proving ourselves faint-hearted indeed if such a misfortune was accepted as final defeat. Now more than ever, must we struggle against wrong and oppression. It is not necessary you should again swear to be true to the cause; neither will it be of service to remain together just now, therefore I have this to propose, and it is for you to decide if it be the proper course: Let us disperse, each going to his home, there to remain one month; at the expiration of such time we will meet at Maddock's Mill to settle upon a further course of action."

The idea that we should remain as the Regulation, subject at any time to a call from our leaders, heartened us wonderfully, and with one accord our people agreed that Master Hamilton's plan should be adopted.

We broke ranks, each vowing friendship for his comrades, and entire devotion to the cause, and then went our several ways home firmly believing that in due course of time the purpose of the Regulation would be accomplished.

And now has come the time when I must hasten over the months and even years, without entering into details as to what Sidney or I did while we waited an opportunity to strike a blow for our distressed country.

True to the proposition of Master Hamilton, we met once each month, either at Maddock's Mill, or some other place equally central, and thus kept pace with the events which particularly concerned us of the Carolinas.

Tryon remained in Newbern in his palace which had been paid for by money wrung from a people who at times actually suffered for food, and flattered himself that he had finally destroyed the germs of rebellion that had been sowed by his own tyranny.

Contrary to our expectations, he did not make any decided effort to get into his clutches those of the Regulation whom he had declared outlaws, and it was quite as well that he remained quiet on that score, for a thousand of the king's soldiers could not have taken them from us.

The sheriffs of the counties in the upper Carolinas, knowing full well that the Regulation was neither crushed nor disheartened, no longer attempted to collect the unjust taxes, and thus it was that our people had been benefited in some slight degree.

We cultivated our lands, moved about at will without fear of being molested during nearly two years, and then, on a certain day in September, Sidney came to my home in hot haste, acting as messenger of the Regulation.

Word had come from Newbern that the Superior Court was to be convened on the 24th day of the month, and then would efforts be made to secure the bodies of those whom Tryon had styled "outlaws."

Master Hamilton, who yet remained in command of the Regulators, despite his many years, had decided that our wisest method of procedure was to interfere at the outset, claiming that we had the right to make certain that justice, not the will of Governor Tryon, should influence the decisions given by judges who were inclined to listen to the orders of the governor rather than the evidence before them.

It can well be supposed that neither my father nor myself lost any time in saddling our horses, and within twenty-four hours we were at the old encampment which overlooked the town of Hillsborough.

This time we were perfect masters of the situation. Tryon, believing the Regulation had been crushed out of existence, neglected to send soldiers to overawe us, and twenty of our people took possession of the court-house, while the remainder occupied the hill on the opposite side of the river ready to cross whenever a signal should be given that the services of armed men were necessary.

Because of our superior numbers, there was little chance the king's minions could do very much harm, therefore we were not held to rigid military discipline, and Sidney Hubbard and myself had no difficulty in obtaining permission to accompany that party which was to make certain no wrongs were inflicted upon us in the name of the law.

When we arrived at the court-house, having left our horses on the opposite side of the river, we found there but one judge, and he the man above all others who was ready to give such verdicts as would please the governor. It is needless for me to set down the fact that this man was Richard Henderson.

Seeing our party enter the building Fanning took it upon himself to ask that we be put out, and not allowed to enter even the yard, because, as he said, there were outlaws among us who had come for no other purpose than to create a disturbance.

All those of whom he thus spoke had suffered many wrongs at the hands of this same attorney, and foremost in the list of the oppressed were Herman Husband, the two Hunters, and Rednap Howell, not one of whom felt inclined to take additional abuse from such a traitor as Fanning.

That they acted hastily in the matter, I must admit; but at the same time one should remember the wrongs they had received. The miserable cur of an attorney had no sooner ceased speaking than the gentlemen I have named, aided by all the Regulators present, seized Fanning roughly and literally dragged him into the courtyard, where Sidney and I were set over him as guards until such time as our people might be at liberty to attend to him properly.

Because of being thus occupied, I did not see that which followed; but later in the day my comrade and I were told that our people demanded the trial of those belonging to the Regulation who had been declared outlaws, which was no more than just, since the court had been called together for that sole purpose.

It was not the purpose of Judge Henderson to give the Regulators a fair trial, and, therefore, in order to outwit us, he declared the court adjourned for the day.

Then he left the building, walking swiftly through the yard as if expecting to be roughly treated, and once he was out of sight our party set about giving Fanning a lesson.

He was taken across the river to our encampment, being dragged by the heels a portion of the way, and there we held a little court of our own, the decisions of which I dare venture to say were more in accordance with strict justice than any Judge Richardson would have delivered.

It was decided that Fanning should be beaten with rods in the presence of the Regulation, and Masters Husband and James Hunter were the gentlemen selected to inflict the punishment, therefore it can well be fancied that it was done in proper fashion.

We kept the attorney with us during the night, and next morning all our company rode over to Hillsborough, only to find that the brave judge had run away during the night, after declaring that the court was adjourned until one year from that day. He could not pronounce the sentences which Tryon demanded, therefore had no idea of being forced to act honestly for once in his life.

Well, some of the hotter heads, taking advantage of the general confusion, utterly destroyed Fanning's house, beating him again before setting the scoundrel at liberty.

This done we went home once more, agreeing to meet each month as before.

I can best tell the remainder of my story, up to the time when Governor Tryon decided to wage war upon us, by quoting from a history of the Carolinas which I have lately seen; and while it is written from the standpoint of the royalists, it is correct as to the acts and movements of our enemy: ² "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 expedient, 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. These counties were named Guilford, Chatham, Wake and Surrey. Finally, when the Legislature was about to adjourn without authorizing a military expedition, information came that the Regulators had assembled at Cross Creek, with the intention of marching upon Newbern, having heard that Husband had been imprisoned."

Now at this point I must interrupt the historian in order to explain that we of the Regulation did indeed make this march. We knew full well that Tryon both hated and feared Herman Husband, and, therefore, kept one or more of our people in Newbern all the time the Legislature was assembled in order that the news, if there was any of importance, might be sent without loss of time to our leaders.

It is a fact that Tryon even went so far as to prefer charges against Master Husband, and that the council caused his arrest and imprisonment. Word to this effect was brought to us at once, and we set out for Cross Creek; but Governor Tryon had his spies out, and when it was known that the Regulators, a thousand strong, were riding to aid one of their number who was illegally deprived of his liberty, the council made haste to examine the charges against Master Husband.

They finally decided, in order to save their own worthless skins, that the charges were not sustained, and set the prisoner at liberty, imploring him to ride with all speed in order to prevent us from entering Newbern.

He met us at Cross Creek, and we escorted him home; but this time it was decided that the Regulation go into camp at Maddock's Mill, and there remain ready for war until it was learned how far our enemy proposed to go in his effort to exterminate us, for that was what he had boldly said he would do. Now we will copy once more from the printed story of our struggle:

"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. He also issued a proclamation, and orders to the colonels of the counties in the vicinity, 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.

"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 circular to the colonels, ordering them to select fifty volunteers from their respective regiments and send them to Newbern. With about three hundred militiamen, a small train of artillery, some baggage wagons, and several personal friends, Tryon left Newbern on the 24th of April. On the 4th of May he encamped on the Eno, having been reinforced 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 County."

It goes without saying that while these preparations were being made, whereby Tryon counted on driving us from the face of the earth, our spies were scattered around the country plentifully, and, therefore, we knew exactly the size of his force, and how it was made up, when he went into camp.

Colonel Joseph Leech commanded the infantry, Captain Moore the artillery, and Captain Neale a company of rangers. On his way to the Eno Tryon 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 others.

CHAPTER XIII
WAR DECLARED

At last the Regulation had forced Governor Tryon to acknowledge it as an adversary, and this afforded the members no slight amount of satisfaction.

Until he marched out of Newbern with the militia, it had been his good pleasure to treat us as a lot of malcontents who should be dealt with by constables or sheriffs, and in his proclamations, or statements made to the people of other colonies, he was careful to so word his communications as to make it appear that the people of the upper Carolinas, instead of being banded together for a specific purpose, were simply rioting and plundering.

And I doubt not but that many of the colonists considered us a gang of bullies who had set their faces against law and order, never understanding that ours was a purpose which lay close to the heart of every true citizen, until that day came when he marched out against us.

We, the Regulators, were encamped on William Payne's plantation when the news came that our enemy had left Newbern after giving orders that he be joined on the route to the Eno by this force or that, and Master Rednap Howell said gleefully as he heard of that movement which might result in the death of many of our company:

"It is the first cheering news we have had brought to us during the past two years. Now must it be known in the other colonies that we are standing up for liberty, and, instead of believing us to be a few hot-heads, the people will understand that our party is a strong one, otherwise there would be no need for the governor to come out with such a force."

And Master Butler added:

"Tryon must fight this time, instead of sitting in his palace and ordering that this or that gentleman be thrown into prison. We have more than half attained our end when the other colonies understand for what principle we are holding out."

In fact, this move of Tryon's caused the greatest possible satisfaction among our people, who had been running hither and thither for the past two years without opportunity of making public the oppression against which they had risen in arms. Never a member of our party who questioned as to what our leaders would do; it was to all of us a settled fact that we would meet the government as speedily as might be, and in anticipation of the command we began furbishing up our equipments, or looking after the horses to make certain they were in condition for a forced march.

By this time Sidney and I were eighteen years of age, and no longer considered ourselves boys. Since having been permitted to join the Regulation we had been credited with doing good work, never flinching from a severe task or holding back because of danger, and thus we rode with the company as equals.

I believe we two lads were more eager than any of our companions to meet Tryon's forces in the open field; for it was our firm belief that the Regulators would win the first battle fought and we burned with impatience to show what we could do as soldiers.

"I never felt well inclined toward Governor Tryon until this moment," Sidney said in a matter-of-fact tone as we overhauled our saddle-girths to make certain they were in good condition. "Now it is very much as if he had suddenly become our friend, because of having boldly taken the field against us."

"According to the report of our scouts, he must outnumber us two to one," I ventured to suggest.

"The result will be the same if four against one is the odds. We must win, and what a relief it will be to ride forward with a definite aim, instead of going here and there without effecting anything, as we have been doing these two years past."

"I agree with you on the last, Sidney; but holding our own against twice our force is a different matter."

The lad looked at me scrutinizingly for an instant, and then asked banteringly:

"Are you beginning to show the white feather just when our affairs look the most promising, Clare?"

"Not a bit of it," I replied indignantly. "To my mind it is no evidence of cowardice to count well the situation and strength of the enemy."

"But you went farther, and was near to questioning whether Tryon's force might not worst us, simply because of its size."

"And why might I not question it? A full thousand of his men are citizens of the Carolinas, and should be our equals in both riding and fighting."

"So they would were the cause the same; but they fight on the side of oppression, while we are striving to do that which shall be of benefit to every person in the American colonies."

I did not attempt to continue what was rapidly becoming an argument, simply because it was useless just then. I believed it was folly to claim that gentlemen of the Carolinas who did not hold to our opinions were our inferiors: but knew full well that it would be impossible to persuade my comrade to look at the matter in the same light I did.

It is a sad mistake to think that ourselves and our adherents are better men than those who oppose us, and that, I think, has been fully proven by this time.

I was ready to say that our cause was just, while theirs was not, and further than such a statement I would not go.

Finding that I was not inclined for a wordy quarrel, Sidney ceased boasting of what the Regulators could do, and set about speculating as to whether Tryon would remain on the Eno until we could come up with him, until suddenly, at the moment our people were least expecting it, word was passed through the camp that we were to fall into line, unmounted, to hear an important announcement from the commander.

"I wish we had been summoned to appear ready for marching," my comrade said almost petulantly as he made his preparations for obeying by washing his hands, which were covered with the grease he had been applying to his bridle. "This talk of an 'announcement' has in it a suspicion that the Regulators are not to break camp immediately."

"Don't begin to look after trouble," I replied with a laugh, knowing well Sidney's disposition. "If we do not set out this night, the Regulators will take the road to-morrow, and I'll warrant we see Tryon's soldiers in good time."

There were many others besides Sidney who felt a certain degree of irritation because we were to hear words, instead of commands which would result in setting the entire company in motion toward the enemy; but all of us soon learned that Master Hamilton had no idea of trying to evade a pitched battle.

"Since this association was formed, it has been the custom to discuss any important movement with all the company, therefore have you been summoned," our commander said when we had been formed in a hollow square with him in our midst. "It is not necessary for me to promise that you shall be led against the enemy at the earliest fitting moment, and I also declare that you shall not be allowed to hurl yourselves upon the government troops like an unruly mob. When we have made ready, Governor Tryon shall see us. Our scouts have brought in the information that General Waddel is halted with a small force at Salisbury, awaiting the arrival of powder from Charleston. The Regulators need that powder, and I propose that we take it. Two hundred men well mounted will be sufficient for the enterprise, and in order that there shall be no charge of favoritism made against me, instead of detailing a force of such size, I ask that the best mounted among you step three paces to the rear, in token that you are willing to make the venture."

The old gentleman had hardly more than ceased speaking when the entire company moved back as if with one accord, thus showing that every man of us was eager for active service, and that each one believed his horse superior to all the others.

Master Hamilton laughed heartily, and then asked that none but the youngest volunteer for the service, and do so by stepping forward into the former position.

Once more was the square formed in the first position, for not a man was willing to be left behind at such a time.

It was positive that all the company could not be spared for a service which might be performed by two hundred men, and I wondered how the matter could be arranged without causing jealousy.

Then our commander explained that it would be unwise to go for the powder with such a large company, and announced that since we could not settle the matter among ourselves, he would be forced to decide for us.

"We will begin with William Husband and count from one to five in regular order," he said at length. "Every fifth man is to fall out of line and make immediate preparations for a forced march."

Sidney was standing by my side, and, fearing lest one should be taken and the other left, I whispered hurriedly to him:

"Move up until you are the fifth from me, and then if one goes the other will be with him. I would be as sad to leave you behind, as you would to see me stay in case you drew the lucky number."

He agreed at once, for Sidney was a true comrade in every sense of the word, and hardly had he taken up a new position when Master Husband began the count.

My breath came thick and fast as the numbers sounded nearer and nearer, so fearful was I lest the number should doom me to stay in camp when glory might be earned, and I had so worked myself into a fever that when the man standing next beside me spoke the word "four," it was almost impossible for me to add the next number.

I fell out of line silently, and one of those who had been selected to remain behind, thinking I was afraid to venture on the enterprise, whispered eagerly:

"I'll swap my new saddle for your old one, if you'll give me your chance."

"I'd not consent if you threw into the bargain the best horse in the company," I replied, and an instant later Sidney and I were shaking hands vigorously in token of delight because of our good fortune.

It can well be supposed that we were not many moments making ready for the expedition, and when we came to the center of the encampment, where the lucky ones were assembling, it was learned that Master Rednap Howell had been selected as the leader of our party.

The only orders Master Hamilton had to give were announced in the hearing of all. We were to ride toward Salisbury until arriving at the bank of the Yadkin, which river was to be crossed in order that we might come upon General Waddel from Cabarras County, thus hoping to give him the impression that the Regulators were south of him, instead of in the course taken up by Tryon.

Master Hamilton was good enough to explain that he believed beyond a peradventure we would soon fight with the governor's forces; but it was his hope that we might meet them elsewhere than near about our own homes.

A ride of between eighty and ninety miles was before us; but we gave little heed to the distance, since each yard traversed brought us so much nearer the enemy, and I venture to say that a more eager, happy party of men never set out to provoke a battle.

When I say that the Regulators were in sore need of powder, it can be understood that this venture of ours meant more than the worrying of General Waddel; we were depending upon him for ammunition with which to wage battle against Tryon.