The Boy Spies with the Regulators

CHAPTER I

OURSELVES

It is not for one like me to make any pretense at trying to fashion a scholar's story out of the poor efforts of Sidney Hubbard, and myself, Clare Butler, to second the brave work of those noble men who, by enduring countless hardships and sparing not their own blood, finally rid the Carolinas of those leeches who claimed to be the king's servants – Governor William Tryon, Edmund Fanning and others of like brood.

I count to set down on these pages such an account as I may be able to give concerning what we of the Carolinas did in those dark days eight years before the first patriot blood was shed at Lexington, and this task is to be performed simply that my descendants may, by reading our story, use their utmost efforts to preserve the fair country which has cost their forefathers so much of blood, anguish and bodily suffering.

To begin, Sidney Hubbard is my first cousin, his mother and mine being sisters. We lived, in 1768, on the Alamance, near where, later, was fought what may rightly be termed the first battle in the struggle of the colonies for independence. Our fathers were humble farmers, with a scanty store of this world's goods, and continually ground down by those whom the king had set in authority over us, chief among which may be reckoned the Irishman Tryon, and Fanning, who was born on Long Island, if I remember rightly.

I cannot set down in my own words a picture of the Carolinas at the time when Sidney Hubbard and I were come sixteen years of age, therefore, in order that all the conditions of public affairs may be fully understood, I shall copy here what was written many years later by one who may justly style himself a historian:1

"The passage of the Stamp Act produced great uneasiness in the public mind in North Carolina, as well as in the other provinces. Already the extortions of public officers in the exactions of fees for legal services had greatly irritated the people, and they regarded the requirements of the Stamp Act as a more gigantic scheme for legal plunder… William Tryon had been acting governor and commander-in-chief of the province from the death of Governor Dobbs, April 1st, 1765, and now began his career of misrule in America. He was appointed governor toward the close of the year. This was the same Tryon, afterward governor of New York, haughty, innately cruel, fond of show, obsequious when wishing favors, and tyrannical when independent; he was entirely incompetent to govern a people like the free, outspoken colonists of the Upper Carolinas.

"For several years previous to the Stamp Act excitement, rebellion had been ripening among the people in the western counties. The rapacity of public officers, and the corrupt character of ministers of justice, weighed heavily upon the property and spirits of the people. The most prominent evils complained of were the exorbitant charges of the clerks of the Superior Courts, whereby these courts had become instruments of oppression; and oppressive taxes exacted by the sheriffs, and the outrages committed by those officers when their authority was questioned in the least. These evils everywhere existed, and every petition of the people for redress appeared to be answered by increased extortions."

It was William Husband, a Quaker from Pennsylvania, who banded our people together in what was called "A Regulation," and each member signed an agreement to pay no more taxes "until satisfied they were legal; to pay officers no more fees than the strict letter of the law required, unless forced to, and then to show open resentment; to be cautious in the selection of representatives, and to petition the governor, council, king and parliament for a redress of grievances; to keep up a continual correspondence with each other; to defray all necessary expenses, all differences in judgment to be submitted to the whole Regulation, the judgment of the majority to be final."

Each member was bound by a solemn oath to stand faithful to the cause until matters had been brought to a true and just regulation. Meetings were held regularly in the vicinity of Hillsborough, and in a few weeks the Regulation was a permanent and a powerful body.

About this time "the pride and folly of Governor Tryon led him to demand" from the Assembly an appropriation of twenty-five thousand dollars that he might build a palace, and this burden, together with the many which had been laid upon us, was most oppressive.

"The inhabitants of North Carolina were now thoroughly awakened to the conviction that both the local and imperial government were practically hostile to the best interests of the colonists. The taxes hitherto were very burdensome; now the cost of the palace, and the appropriation to defray the expenses of running the dividing line between their province and the hunting-grounds of the Cherokees, made them insupportable. A poll tax of one dollar and fifty cents was levied on every male, white or black, between the ages of sixteen and sixty years of age.

"The rapacity of public officers appeared to increase, and the people saw no prospect of relief. Among the most obnoxious men who had grown rich by extortionate fees, was Edmund Fanning, a lawyer of ability. He was regarded as a co-worker with the government. The people detested him, and avoided no occasion to express their displeasure. His first open rupture with the Regulators was in the spring of 1768. Tryon issued a proclamation, half menacing and half persuasive, evidently intended to awe the Regulation and persuade the other inhabitants to avoid that association. He sent his secretary, David Edwards, to cooperate with Fanning in giving force to the proclamation among the people.

"They directed the sheriff to appoint a meeting of the vestry-men of the parishes and the leading Regulators, to consult upon the public good and settle all differences. Fair promises dispelled the suspicions of the Regulators, and their vigilance slumbered while awaiting the day of meeting. They were not yet fully acquainted with the falsity of their governor, or they would never have heeded the fair words of his proclamation. They were soon assured of the hollowness of his professions, for, while they were preparing, in good faith, to meet government officers in friendly convention, the sheriff, at the instigation of Fanning, proceeded, with thirty horsemen, to arrest Herman Husband and William Hunter on a charge of riotous conduct.

"These, the most prominent men among the Regulators, were seized and cast into Hillsborough jail. The whole country was aroused by this treachery, and a large body of the people, led by Ninian Bell Hamilton, a brave old Scotchman of threescore-and-ten-years, marched toward Hillsborough to rescue the prisoners."

Some idea may be had of our unhappy province, by aid of the above account, written in all fairness, and yet not stating our grievances as thoroughly as they should be set down, and now I feel warranted in saying that from the day of Masters Husband's and Hunter's arrest Sidney Hubbard and I began to prove ourselves men of the Carolinas.

We were both just turned sixteen, Sidney being but two days older than I, and already had the sheriff warned us that we must pay the taxes which had been assessed, or be sent to jail where many a poor wretch was confined, simply because he had not the money with which to satisfy the governor's unjust demands.

It was on the day after the arrest of our neighbors that we two lads met old Jacob Peyster, a God-fearing man, and one who was ready and willing to lay down his life for the good of the Carolinas.

"Why are ye abroad this morning?" he asked, reining in a mettlesome horse which he had raised from a colt, and we were forced to bring our steeds to a halt, or give fair proof that we lacked good breeding.

"We came out to learn if there was any news concerning those honest men whom the king's knaves took into custody yesterday," Sidney made answer before I, who was ever slow of speech, could do so much as open my mouth.

"Masters Husband and Hunter have been clapped in prison at Hillsborough," the old man said sorrowfully, "and unless the true men of the Carolinas take the matter in hand, they are like to be held by the brute Tryon till the little property they own has passed into the hands of his majesty's gluttons."

"You speak as if there was some hope the men of the Carolinas would resist this outrage," Sidney cried excitedly.

"Aye, lad, and so they will. Hamilton, the Scotchman, is in arms and enlisting under his flag those who love the colony better than they do the king. Have you youngsters paid the tax which is levied on all who have lived sixteen years or more?"

"It is not likely that I shall be able to do so," I hastened to make answer. "My father cannot give me the money, and the little I had hoarded up from the sale of my furs, went toward paying the last levy made against our poor home."

"It looks much as though both Clare and I might soon join Masters Husband and Hunter at Hillsborough, for I have heard it said that but a short time will be allowed us of the Carolinas in which to gather the money to pay the tax, so eager is Governor Tryon to build his palace," and as he spoke Sidney tried in vain to appear unconcerned, but I, who knew that which was in his mind, had good proof that he was in deadly fear of the arrest concerning which he spoke so glibly.

"Aye, lads, the time will be made short indeed. I hear that Lawyer Fanning is issuing warrants for those who are not down on the governor's books as having paid the unjust assessment. You are like to be deprived of liberty soon, unless – "

"Unless what?" Sidney asked eagerly as Master Peyster hesitated.

"Perhaps it is wrong for me to speak further without knowing of what minds are your parents."

"That can be easily learned; our fathers have not the money with which to pay their own tax, after giving up all they owned to aid in satisfying the thirst for gold with which the king's officers in this colony are afflicted," Sidney said with a laugh which had in it nothing of mirth.

"Then how will you answer the collectors?" old Jacob asked, eying us sharply.

"If it so be I can find a hiding-place, there will be no answer given," I made haste to reply. "Sidney and I were discussing the matter even as we met you."

"By joining the force which Ninian Hamilton is gathering you may be free from the sheriffs for a time; but it is possible that by so doing you will be charged with treason."

"Do you count on serving with him, Master Peyster?" Sidney asked, and the old man replied quickly,

"I have already set down my name as one who will serve the colonies to the best of my poor powers, for I am of the Regulation, as are your fathers. I am but now summoning all of the association to the rescue of those who are so unjustly imprisoned – those who were taken because they put faith in Tryon's sworn word."

"Where may Master Hamilton's force be found?" I asked eagerly, for now my mind was made up to join those who would measure strength against the king.

My plight could not well be worse in case I should be charged with treason, for of a verity the inability to raise such an amount of money as the hungry officeholders demanded was, in the Carolinas, a greater crime than that of conspiring against the king himself.

"The rendezvous is near Chapel Hill, where the highway crosses the New Hope River. You will not be welcomed, however, unless you go armed, for the association can provide neither weapons nor money."

Having said this much old Jacob spurred his horse on, as if afraid of saying anything which might influence us in our decision; but he need not have been so particular, because even before he ceased speaking both Sidney and I were resolved.

The dear lad turned to me with a question in his eyes when Master Peyster rode away, and I answered it by saying:

"There is naught else left for us to do. From what the old man said we know that the sheriff's officers will soon be at our heels, and anything is better than rotting in Hillsborough jail."

"Then we have only to turn back for our weapons, and the treason is complete," he said with a laugh, wheeling his horse around as he spoke.

I could see nothing of mirthfulness in the act we were about to commit, although I was none the less determined to join Master Hamilton's forces.

This hurried visit to our homes would be the last, perhaps, forever, and even under the most favorable circumstances, hiding as we should be from the sheriff's officers, neither Sidney nor I would be able to visit our loved ones, save by stealth, until many months had passed.

I say again, it was a desperate act for two lads hardly more than sixteen years of age, and yet there appeared to be no alternative.

We rode to our homes swiftly, and without indulging in conversation; each of us had so much food for thought that he could not speak of ordinary matters.

The Hubbard plantation was no more than two miles from my home, and it came first on our road.

I remained outside, not dismounting, while Sidney entered, and when perhaps half an hour had passed he joined me, turning his head ever so little lest I should see traces of tears on his cheeks.

He had with him his rifle, a brace of pistols which had been his father's, a new hunting knife, and a package which I fancied was made up of provisions.

"Did your father make any protest?" I asked while he was mounting.

"He set off for the rendezvous an hour ago," Sidney replied, doing his best to suppress a sob. "Mother believed it was best for me to join him rather than go to Hillsborough jail, and did what she might to hasten my departure."

When he was mounted we rode on to my home, and he remained outside while I broke the news to my mother.

She, dear soul, was not surprised. Old Jacob had stopped there to summon father, who was one of the Regulators, and almost before I could speak she clasped me to her bosom, saying gently and lovingly:

"Yes, you must go, my boy, and my share of the heavy burden which the Lord has laid upon the colony will be to remain here alone, trembling at every sound lest it betokens the coming of some one who brings tidings that my son or my husband has been killed. If perchance such a blow is dealt me, I shall know that you died like brave men in the performance of duty – for it is your duty to aid the oppressed. Do not delay, gather up such articles as will be needed, and then kiss me farewell; I cannot linger on the parting."

In less than half an hour I joined Sidney, giving no heed as to whether he could see the tears in my eyes, and during a full hour we rode at a gentle pace towards the rendezvous without speaking.

In that time it seemed to me that I had passed the age of boyhood and was become a man, for of a verity I had set my face towards a man's work whether I might accomplish it or no.

Then we both struggled to throw off the grief which enveloped us until the day was like unto the night, and spoke of what might be done if all who had joined the Regulation came forward in response to duty, little dreaming of that dreadful day when so many of our friends and neighbors would lie stark and cold upon the field of battle.

It was but natural that we should speak of the possible glory to be won, and not to be wondered at that each of us believed he could perform all which might be required. We had yet to learn how great was the task set the men of the Carolinas before the yoke of the oppressors was finally thrown off.

From our homes to New Hope River was but little more than twelve miles, and when we judged that half the distance had been traversed we drew rein to give the horses a breathing spell, for they had traveled ten miles or more before we came upon old Jacob.

We drew from our store of provisions sufficient for the noonday meal, picketed the horses where they might feast on the rich grass, and gave ourselves up to a brief time of repose.

The meal had no more than been eaten, however, when hoof-beats in the distance told that a horseman was approaching, and I seized my rifle, for the sorrows which had been mine during the day made me apprehensive of danger from every point.

"Don't be foolish," Sidney said sharply. "It will be said that we are afraid of our own shadows, if some friend finds us ready for an attack. There are others beside ourselves who will ride to New Hope River this day, and he who comes is most likely one of Master Hamilton's party."

"If so he is headed in the wrong direction," I replied; but I drew back from my weapon nevertheless, and an instant later regretted having done so when Sandy Wells, one of the sheriff's officers, rode up beside us.

"We are well met, young sirs," he said in a mocking tone as he drew from his pocket two folded papers. "I was but this moment counting the miles 'twixt me and your homes, for if I mistake not you are Clare Butler," he said looking at me, and, turning toward my comrade, added, "You are Sidney Hubbard."

It was useless to deny the fact, since Sandy knew our faces full well, and I asked, steadying my voice till it sounded reasonably firm:

"What have we two lads to do with so gallant an officer as you, sir?"

"Nothing whatsoever, if it so be you have paid the poll tax which his worshipful excellency has levied on all males, white or black, between the ages of sixteen and sixty."

"You must know we have not paid that extortion to provide the governor with a palace, for it is hardly more than six weeks since a levy was made of two shillings to the acre of all tilled lands, and we, who owned not a single rod, were forced to help our fathers pay that," I said stoutly, noting the fact that Sidney was drawing his rifle toward him.

"Then must I serve these warrants to the end that I may legally take you to Hillsborough until such time as you shall pay the just and lawful demands of his worshipful excellency, Governor Tryon."

"And how may we come by the money while we are shut up in jail?" I asked, beginning to have an inkling of what Sidney would do.

"That is not for me to say, my pert gentleman. If you cannot pay the tax, here is my authority for taking you to Hillsborough," and the conceited rascal proceeded to read in a loud voice the documents he had drawn from his pocket.

I could understand but little of their purport, so filled were they with attorney's words and phrases, nor did I cudgel my brains overmuch, because of what I could see out of the tail of my eye.

Sidney had his rifle in hand, and the expression on his face told me that he had no intention of going to Hillsborough as Sandy Wells' prisoner.

CHAPTER II

A TREASONABLE ACT

So great was my excitement, knowing Sidney meditated an attack upon the king's officer, which could be called neither more nor less than rank treason and would put us beyond the pale of ordinary offenders, that I could not understand one word Sandy Wells was reading.

His voice came to me like the droning of bees in the summer, and it sounded far off. I could neither hear nor think; but all my faculties were centered in my eyes as I watched Sidney's stealthy movements.

Without really having the power of connected thought, I realized that to resist the sheriff's officer was an offense which Governor Tryon would never pardon, particularly since that officer was engaged in the effort to collect taxes. From the moment we made forcible resistance we would be the same as outlawed, and shut off from the possibility of returning again to our homes until the king's rule had been set aside in the Carolinas.

Desperate indeed would be our position once an overt act against the recognized authority of the colony had been committed, and yet I would not have checked Sidney by so much as a hair's breadth had it been possible.

Sandy Wells continued to read as if delighting in the sound of his own voice, and my comrade made his preparations leisurely, being slightly in the rear of the sheriff's officer where he could not well be seen, while the latter's eyes were fixed upon the paper.

When Sidney cautiously drew himself up to his feet by aid of an overhanging bough, clutching his rifle firmly, I knew the struggle was about to begin, and during an instant there was a film before my eyes, red like blood.

Then everything came plain within my line of vision; the tremor of fear passed away, and I was on the alert to second anything Sidney should attempt, even though our lives might be the forfeit.

Sandy Wells had nearly come to an end of the warrants which had been filled out that two lads who could not pay the sum of three dollars might be thrust into jail, when Sidney, his rifle leveled at the officer's head, said sharply and sternly:

"Do not so much as move, Master Wells, else I will send a bullet into your brain. Be careful not to take your hands from that piece of stamped paper, or I shall believe that you mean mischief!"

Sandy looked around quickly; only his eyes moved, for he must have understood that my comrade meant every word which had been spoken, and he saw Sidney standing with his rifle aimed and resting on the branch of the tree.

At such short range there could be no mistake as to the course of the bullet, and, realizing this, the officer's face grew white with fear, for of a verity he was standing very near to death at that moment.

"Would you resist me in the performance of my sworn duty?" he asked, his voice trembling and his teeth literally chattering with fear.

"That is what I count on doing. Neither Clare nor I will be taken to Hillsborough jail simply because we cannot pay the poll tax."

"Do you know that this is treason, now the warrants have been read?"

"I can well fancy that Lawyer Fanning will twist it in that way."

"Not only is it treason against the king, but you are laying yourself open to the penalties made and provided for resisting an officer of the colony."

"You cannot serve Tryon and the colony at the same time, Master Wells, and that you know right well. Does it so chance that you have any weapons about you?"

"I am armed, as you may well see."

"I am more concerned to know if you have other weapons which cannot be seen. Keep your hands on that paper, Master Wells, while Clare lays violent hands upon your sacred person in order to learn to what extent you are fitted out for taking into custody two lads whose only crime is their lack of money."

"You might have been forgiven the tax; but that which you are about to do will bring you close to the gallows," Sandy cried in impotent rage.

"Even while standing there we shall be no nearer death than you are at this instant if it so be you so much as raise a finger. Clare, take away his rifle, and search him for other weapons."

I lost no time in doing his bidding, for now was Sidney Hubbard the leader and commander.

Sandy, the livid hue of fear yet on his cheek, offered no resistance as I made thorough search, bringing to light two pistols and a long knife which would have served at a pinch as sword, and Sidney cried derisively as I laid the weapons at his feet:

"You were bravely armed, Master Wells, for the arrest of two boys who are worth in the eyes of Governor Tryon's law but one dollar and a half per head, and in fact, not the value of a penny."

"I shall live to see you hanged!" Sandy snarled.

"In which case, as I figure it, you will live to a green old age, and it may be, suffer not a few discomforts before you die."

"Now that you two villains have robbed me, I suppose I may go my way," Master Wells cried as Sidney lowered his rifle.

"Not unless your way is the same as ours, for I am not minded to set you loose until after learning what Captain Hamilton has to say on the subject."

"What?" Sandy cried in mingled rage and surprise. "Would you also take me prisoner?"

"It is no more than you would have done by us, and surely turn about is fair play."

Now it was that I lost courage. The crime of resisting one of the sheriff's officers was as great as I felt willing to commit; but to actually take him prisoner seemed the height of folly.

Sidney seemed to read my thoughts in my eyes, for he said quietly, thus showing himself to be the brave soldier he afterward proved: