Otis James
The Boy Spies with the Regulators

CHAPTER VII
TIMELY AID

It appeared to me that Master Howell was trying to "lock his stable door after the horse had been stolen," when he mourned the fact that what we were doing in our own defense might be taken as open rebellion.

To my mind the people had rebelled openly and with emphasis when the Regulators rode, four hundred strong, to release Masters Husband and Hunter.

We four who had visited Brunswick to lay before the governor a petition couched in most respectful language, could not be accused of aiding and abetting rebellion when we objected to being shot down or taken prisoners by strangers who had no lawful warrant to deprive honest citizens of their lives or liberty.

As the matter presented itself to my view, those on the outside were the ones who acted in a rebellious manner, and there was no honest judge in the country who would not rule that we had every right to protect ourselves.

Something of this kind I said to Master Howell when he appeared to be bowed down with grief because, as he declared, our people were making a show of what might be called treason, and to my great surprise I found that we who were fighting our way from Brunswick to Hillsborough did not have any place in what it might please the governor to term "open rebellion."

"We four are of no consequence in the outcome of this matter," Master Howell said, condescending to explain to me the situation as it appeared to him, "and yet through us, or, rather, through our distress, will the king's officers most likely declare the upper Carolina under military rule. If we could continue our journey to Maddock's Mill without interruption, all would be well. Or, if we fought for our lives from this moment until we were killed or come to our journey's end, it would also be of no moment. That which distresses me is, that young Payne will give the Regulators an account of our troubles, and those gentlemen will ride in full force to aid us. Then has come the time for Governor Tryon's minions to declare that the colony is in revolt, and the fact that four hundred armed men have banded together to regulate affairs outside their own country is fair proof that the cry of treason has good foundation."

"Well, and what then?" I made bold to say.

"Then will the king's troops be sent to Hillsborough and the surrounding towns. Fanning and Edwards can work their will on the people, with an armed force at their backs, and when the Regulators oppose the military it will be represented that the whole colony is in revolt."

"That was much the condition of affairs when we left Maddock's Mill," I ventured to suggest.

"Aye, lad; but then we had not opposed ourselves to the king's forces. Now it will be necessary to begin what can be called by no other name than that of treason."

"It alarms you that such should be the case, Master Howell?" I said in a questioning tone.

"Not for myself, lad, not for myself, nor for any of us who are brought to a stand in this house. It is the women and small children of whom I am thinking. We can fight to the bitter end; but they will suffer an hundred deaths while the English soldiers overrun the colony."

"Then would it have been better had we surrendered when we were first besieged."

It was as if this remark stimulated the deputy. His eyes brightened, he straightened himself suddenly, and said as if speaking to a vast assembly, instead of one timorous lad:

"Not so, Clare. I was but considering the sufferings of our own people, and that should not be reckoned as against the grand result. This is indeed open rebellion, and the news of our oppression will flash from province to province until the entire country is aroused. Then, perhaps not until after we are dead, but at some time in the near future, will the rule of the king come to an end in America. We are the instruments selected to begin the way for freedom, and in future ages we will be spoken of as those who brought into existence a free country which shall be as a beacon light to those who are ground beneath the heel of selfish kings!"

From, that instant it was as if Master Howell's entire nature had changed. He appeared to be exulting in the danger which surrounded us, and was eager for the fray.

We stood watch until daylight, and then it was possible to see that Master Payne's dwelling was surrounded by fifteen or twenty men, some wearing uniforms, and others clad only in the garb of planters.

The fact of there being soldiers among our besiegers told plainly that Tryon himself planned the outrage, and when such was apparent I heard Master Hunter say in a low tone to Master Howell:

"From this day the Regulation will remain under arms until all the colonies are prepared to take up the struggle against the king's minions! Instead of 'Regulators' we should call ourselves 'Sons of Liberty.'"

And thus it was that the association known as Sons of Liberty sprang into existence at the home of a planter in the Carolinas – that association which was speedily to extend throughout all the colonies as far east as Massachusetts, and south to the limits of the country.

As when we made the last stand, there was no disposition on the part of the enemy to make an attack. We had bettered our situation, and increased the number of rebels, therefore Tryon's minions probably believed it necessary to strengthen their ranks.

During this day we remained on guard and alert, while our enemies were posted just beyond rifle range in such manner as to encircle us completely.

By making a rush after dark, as had been done before, we might readily have broken through the thin line; in fact such a move was suggested by Sidney, but Master Howell said firmly as if he had finally committed his life and fortune to that final result he foresaw:

"We will wait for the Regulators. Since Tryon wishes to force us into open rebellion, he shall be gratified. Shoot down yonder villains if it so be you can; but here we remain until overpowered, or rescued by those who will speedily come to avenge the wrongs which are perpetrated upon all the colony."

We had no opportunity to open fire on the enemy during the day; but when night came, and they drew more closely the circle of guards, we found a target now and then, thus reducing the number until I believe of a verity we might have ventured out and beat them off in a hand-to-hand fight.

It is not well that I spend too many words on the situation at the Payne plantation, for the story is one of careful watch only, with now and then the report of a rifle to tell that we were on the alert. The enemy took turns at using us for targets; but, sheltered as we were behind the walls, they did no injury, while I am confident we disabled not less than four during the time of our arrival and noon of the third day.

Then we saw a cloud of dust in the distance, heard the shouts of horsemen, and soon saw a body of gentlemen full four hundred strong ride down like a whirlwind upon fugitives who had lately been our besiegers.

We sallied forth, and before the fray was come to an end our friends had seven prisoners. None were killed outright so far as I could learn; the remainder had taken the alarm in time to seek safety by flight, and our road to Maddock's Mill lay open before us.

Young Payne had discharged his mission well; the Regulation was in session considering an arrest which had been made for non-payment of taxes, and, waiting only long enough to secure a supply of provisions, had set off for our relief.

The entire party camped on the plantation that night, and before morning came, their plans for the future were fully formed.

It was decided that the gentlemen composing the Regulation should remain under arms until Governor Tryon fulfilled his promise, or ignored it altogether, and during this time of waiting all efforts should be directed toward protecting those who refused to pay the unjust tax.

On this evening Sidney and I were regularly admitted to the ranks of the Sons of Liberty, as if we were indeed men in age, and so wrought up was I by Master Howell's words, that I persuaded myself the colonies would speedily be freed from the rule of a master who had set over us such men as Tryon, Edwards and Fanning.

We left Master Payne's plantation next morning at sunrise, and in due time arrived at Maddock's Mill, where it had been decided the Regulation would have its headquarters.

It was no slight task to provide food and shelter for such a number; but once it was known that the governor evidently intended to play fast and loose with the people of our section, every one, including those who had not deemed it right to join the Regulation, set about bringing in stores of food for both men and horses. Then the men began building shelters, working in squads of five, three, or two, as was mutually agreed upon, and soon the neighborhood of Maddock's Mill resembled a military encampment.

The rebellion began to assume decided form.

As may be fancied, Sidney and I were camp-mates. We built for ourselves a lean-to which would shelter us from the rain at least, and in the rear of it made an enclosure into which the horses could be brought at night.

It was not believed safe for us to go home, even for a few hours, because Edwards and Fanning had men out in every direction picking up a victim here and there, and we lads knew full well that Sandy Wells would take full advantage of the opportunity in case he came upon us where we could not defend ourselves.

The Regulators were waiting to learn whether Tryon would keep the word given to the deputies, and a dull time of it we lads had meanwhile.

Since one day was passed much as another, with nothing by way of excitement save when news came of this or that high-handed proceeding on the part of the secretary and the attorney, I propose to set down here simply an account of the general happenings in the neighborhood.

The Regulators had scouts out in every direction, and therefore it was we learned, early in July, when we were heartily tired with lounging around camp while it seemed necessary the most active measures should be taken, that Governor Tryon, with an escort of an hundred and sixty soldiers, had arrived in Hillsborough.

This was in accordance with his promise, and those who hoped the colony would not be forced to resist the king's laws were filled with joy, particularly when the governor issued a proclamation declaring that he had come to right the wrongs complained of in the petition delivered to him at Brunswick.

Not a word in his official note to the people was said regarding the Regulators; but the citizens were requested to keep the peace until such time as the several complaints could be acted upon by the courts of law, and it was promised that if they remained quiet all should be done in accordance with the wishes of the majority.

When this proclamation was sent out over the colony there were many who urged that the Regulation be dissolved, lest the fact of so many armed men remaining together might be construed by the governor as outright treason.

As a matter of fact an hundred or more did leave the encampment, returning to their homes, and but for the earnest entreaties of General Hamilton, the deputies, my father, and several others, the Sons of Liberty would have dispersed simply because Tryon and his crew wished it so.

Before one week had passed after the issuance of the proclamation, it could readily be seen that our burdens were to be increased instead of lightened. Twenty or more of those who had left the Regulation and returned home were arrested for non-payment of the poll tax levied to build Tryon's palace.

Edwards and Fanning no longer spoke of pacifying, but of subduing, the people, and warrants were sworn out daily for the purpose of putting into prison those who were absolutely unable to pay the amount demanded.

Fanning's fees were increased until they amounted to ten times as much as the law allowed for court services, and the poor wretch with money or lands who fell into his hands was unmercifully shorn of all his possessions before being set free.

The wickedness was increased twenty-fold, and no man could say at what moment the prison-doors might open to receive him, save we who remained banded together in the encampment at Maddock's Mill.

Then Governor Tryon proceeded to frighten the wretched people by marching with his soldiers from Hillsborough to Mecklenburg, and there coaxing or scaring twenty or more timorous souls to enlist in the army he said should be raised to subdue "the rebellion in upper Carolina."

Then he marched to Salisbury and back to Hillsborough, enlisting recruits wherever men or lads could be cajoled or frightened, and, with an army of an hundred and sixty trained soldiers and about fifty feeble-minded colonists, he proceeded to play the part of king; but with rather poor success.

By this time such of the Sons of Liberty as had returned to their homes and were yet at liberty came back to Maddock's Mill prepared to remain until matters were of a different complexion, and once more the defenders of the colony presented a formidable front to the tyrant.

We numbered upwards of three hundred and eighty, and by advice of General Hamilton our camp was moved nearer Hillsborough in order that we might protect the country roundabout.

In answer to what he was pleased to term a "threat," on our part, Tryon called out the militia of the colony, threatening direst vengeance upon those who dare disregard the call. By such means he added twenty or more to his army, and once again were the sheriffs sent to collect taxes, each officer guarded by a squad of ten soldiers.

Now was come the time when the Regulation believed something more should be done than remaining idly in camp.

We were told off into squads of twenty-five, and day after day we rode here or there as our scouts reported the movements of the sheriff, driving back the officials and their guards as if they had been so many sheep.

When the guard of the tax-collectors were increased in numbers, our detachments were added to, and in every case we sent back the scurvy rascals. Sometimes they plucked up courage to exchange shots with us, when we always managed to disable one or more; but as a rule they beat a hasty retreat whenever we came in sight.

We had orders not to shoot unless we were attacked, and it was hard at times to obey, particularly when, in the course of our forays, Sidney and I saw Sandy Wells at the head of a dozen soldiers destroying the household goods of a widow with one son of seventeen, who could not pay the money demanded.

Before the middle of August, however, we made the governor and his crew understand that we were masters of that section of country, and instead of sending out sheriffs on fruitless errands, Tryon set about strengthening his position as if fearing we might attempt to capture Hillsborough.

That town was a fortified camp, and none of the royalists dared ride three miles in either direction.

It goes without saying that neither Edwards, Fanning, nor any member of the sheriff's posse trusted himself outside the town. General Hamilton had given orders that we were to capture any of Tryon's officers which we might come across, and keen were all for such game.

I would willingly have given my horse and rifle, all the property I owned, for the privilege of bringing into camp as my prisoner the attorney Fanning. Although we were under strict orders not to shed blood, save in defense of our own, I question if that black-hearted lawyer's life would have been worth a moment's purchase once he was in our power.

Among Tryon's many proclamations at this time was one which stated that on the twenty-second of September would be begun the trials of those who were confined in jail for any offense, and without question the case of Masters Husband and William Hunter would then be called. It also pleased the representative of the king to declare that "since charges had been preferred against Edmund Fanning, attorney, he would be called upon to render an account of his doings."

No one among the Sons of Liberty believed the wretch who had caused so much misery would be regularly tried; but all were curious to see how Tryon might save his minion when so many and such serious charges could, and would, be made against him.

I have tried to set down here an outline of what Sidney and I did during all that long summer while we waited for the royal governor to do us justice, which had been so long withheld. And by telling it in the fewest possible words, we are now come to three days before the time set for the trials, or, in other words, to the nineteenth of September, in the year of grace 1768.

The Sons of Liberty were resolved that there should be ample evidence against Fanning, whatever the cost, therefore from among the members of the association eight were selected who could swear truthfully that the attorney had defrauded them of several considerable sums of money.

It was believed that, unless protected in some manner, these witnesses would be arrested immediately they showed themselves in Hillsborough, therefore the officers of the Regulation prepared a paper stating that in case these men, whose names were set down therein, should be interfered with in any manner while they were in town to serve as witnesses, the Regulators would immediately make an assault. It was further stated that the lives of the governor and his associates depended entirely upon the manner in which our people were treated, for it would be the duty of every Son of Liberty to seek out the principal officials during the assault, for the purpose of shooting them down.

This was open rebellion, and no mistake; but in order to prevent Tryon from declaring that we had intimidated the courts of justice, there was added to the document the agreement that no member of the association would interfere in any manner whatsoever with the judges or the officials of the court, while the cases were being conducted in a way agreeably with the laws of the king.

This document was sent to the governor by one of our scouts who, going into town, secretly gave it to a royalist for transmission, and, before it could be delivered the venturesome man had rejoined us.

Nor was this all the association did in order to secure fair and impartial trials for Fanning as well our friends.

It was decided by the association in council, that while we remained at such a distance from Hillsborough Tryon might take upon himself the risk of conducting matters without regard to our just demands; therefore the camp was moved once more, and this time to a small hill overlooking the town, and hardly more than half a mile from the court-house.

Here we felled trees to serve as breastworks, and otherwise guarded against an attack, for many of us believed that as soon as the Sons of Liberty showed themselves, the so-called king's forces would make a desperate attack, alleging as the reason therefor that they were in fear we might attempt to take possession of the town.

It was on the morning of the twentieth of September when we rode up the hill in full view of Governor Tryon's forces; but no demonstration was made against us. The people could see that we were preparing to resist an attack; but they remained as if paralyzed with astonishment.

Near nightfall came a mounted soldier bearing a white flag, who demanded in the governor's name the reason for our display of force, and General Hamilton replied to the question.

"This is no display of force," he said. "We have come as citizens of upper Carolina to safeguard several witnesses, and have no mind to interfere in any way with the proceedings. Say to Governor Tryon that we shall remain until the close of the session, and that never a man of us will ride into town while the people are given the rights accorded to them by the king and parliament. If, however, there should be an attempt to deprive a witness of his liberty, we shall ride down like a whirlwind, carrying out to the utmost the plan which we have already had the honor to submit to the governor."

The man rode back, and before night came we could see that Tryon's residence was guarded by three-score men, a fact which caused Master Howell to say scornfully:

"I wonder if the coward thinks to save himself from our vengeance, with sixty recruits? We will overturn them, if there be any act of treachery, before William Tryon can sign his name!"

After that we waited in anxious suspense, but constantly on the alert, for the day when law and order would be established in upper Carolina, or it might be known beyond a peradventure that we must depend upon ourselves entirely for liberty and the opportunity to live upon our own lands.