Benjamin Merrill
1731-1771
When I first heard the Battle of Alamance, I thought of France and WWI. Alamance Creek actually runs through North Carolina. In the book, Captain Merrill and the Merrill Family of North Carolina , I learned about an important Revolutionary War battle that preceded the battle of Concord and Lexington (April, 1775) by four years. Boston, site of the Boston Massacre in 1771, is thought to be the fuse that lit the fire under colonists to finally break from the British. But the same sort of harassment occurred in North Carolina around the same time, and concluded with an actual battle that later dropped from history books.
Why have we forgotten the Battle of Alamance the site of the first American blood spilled in the War of Independence? In the aftermath of the American Revolution, people numbered that battle among the important events in winning freedom. After the Civil War, Northerners tended to erase the South from history books, and their participation in the Civil War ( with a few exceptions like the Battle of New Orleans) disappeared. Not only did the winners write the history of the Civil War—they went farther back and rewrote the history of the Revolution as well. Today, the story is told differently, and I will meld the two versions as I tell the story.
BENJAMIN MERRIL, FARMER, SOLDIER
Benjamin Merrill was born in New Jersey. We share common 8 times great-grandparents—Richard and Penelope Stout. His mother, Penelope Stout (Jr.), married into the French Huguenot Merrill family. According to a book called A Merrill Memorial, Penelope’s son Benjamin moved to North Carolina to an area called “Jersey Settlement” because a group of people from New Jersey, including his brother William, moved there. The move would have occurred about 1750, because his second son Andrew’s birth is recorded in North Carolina.
Benjamin was a farmer and a gun maker. He became the deacon of the Jersey Settlement Baptist Church, and a Captain in the militia.
Living in western North Carolina meant he was a frontiersman and fought battles with indigenous people still populating the area. The Jersey Settlement had more in common with neighboring Tennessee than with Eastern North Carolina with its elite plantation owners and businessmen. The local government operated on wild west principles—Sheriffs and Judges representing the English Crown, running rough-shod over the rights of the farmers.
According to a DAR application, Benjamin had a son named John born in 1750 in New Jersey. According to some sources, he married in 1753, which would have been after he moved to North Carolina, but I have not researched further to try to locate documentation. (John later lived in Georgia and in Monroe County, Mississippi.) According to most other sources, Benjamin had a total of 7 sons, including: John, Andrew (b. 1757 in North Carolina and continued to live there), Charles (b. 1761, later lived in S. Carolina), Elijah/Eli (b. circa 1763), William, (b. circa 1763), Jonathan (b. 1765), Samuel/Azariah (b. ?) and two daughters: Penelope (b. 1759), Nancy/Anna (b. 1760) .Some accounts list Samuel as the oldest son. In fact the information about his children is sketchy, and I have not rigorously researched them. A tax record in 1757 also lists a Negro girl, Phyllis.
Apparently, Benjamin Merrill, tended toward independent thought early on. In 1756, he defied an order for “going out against a man who committed misdemeanors.” However, in 1759, he was among militia sent out on an alarm to aid a man attacked by Indians.
THE REGULATORS
Farmers in North Carolina, frustrated by corruption and excessive taxes and fees, formed an organization called The Regulators. This was in April 1767. They objected to local enforcement of English law rather than to the King’s rule. The same ambivalence shows up in documents about colonists in the north during this period. They wanted to be good British citizens. But they wanted fair treatment. They shied away from the idea of breaking with England.
An example of the abuse they suffered: By law a marriage license cost $1, but local officials charged $15. (Note, accounts I read said dollars, but I assume it was actually English pounds.) At first the Regulators tried by peaceful petition and argument to get more equitable treatment.
‘FIRE AND BE DAMNED“
However, making no headway, the Regulators turned to refusal to pay taxes, disruption of court proceedings, threats against officials, and vandalism. The ranking King’s officer, Governor Tryon, finally called together the militia to march against the Regulators after giving warning to the dissidents. Their reply–”Fire and be damned.”
JMay 14, 1771, Tryon’s 1000 militiamen were heading toward the Alamance Creek, about five miles away, where a ragtag, ill-armed and poorly-organized group of about 2000 dissidents assembled. A man representing the Regulators approached Tryon to talk, but as he turned away, the Governor shot him in the back.
Apparently some of the militia were sympathetic with the Regulators, because when the Governor ordered them to fire, some hesitated. He commanded the troops, “Fire on them, or fire on me.”
Tryon’s militia easily won the May 16 Battle of Alamance (also called the Battle of the Regulators). The King’s militia lost nine soldiers and had 61 wounded. The losses on the Regulator’s side is unknown.
The victorious Governor issued a proclamation that those who would swear allegiance and pay their taxes would be forgiven, except Captain Merrill and five others. The Governor declared them outlaws who would be hanged, drawn and quartered. Tryon took 15 prisoners, including Benjamin Merrill, who was not actually present on May 16. All but 6 escaped execution.
CAPTAIN MERRILL’S ROLE IN THE BATTLE
About May 12, Captain Merrill was heading toward Alamance with his company of 300-400 men, when he encountered General H. Waddell, who commanded a component of the King’s forces. Merrill took the General’s men prisoner and General Waddell fled to Salisbury.
Merrill and his men proceeded toward Alamance, but when they were within a day’s march, they heard the battle and a scout informed them of the Governor’s victory. Merrill released his troops and returned to his home in Ronan County. The Governor’s men arrested Merrill in short order, and took him to Tryon’s camp on June 6, 1771. The captors put Merrill in chains and dragged him through the countryside to Hillsborough where on June 19, 1771, a judge proclaimed the official sentence.
(Warning: The following contains explicit language that can be quite unsettling.)
The Judge’s sentence concluded:
“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 whence you came, 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 yet alive, that your bowels be taken out and burnt before your face, that your head be cut off, your Body divided in Four Quarters and this be it his Majesty’s Disposal and the Lord have mercy on your soul.”
When allowed final remarks on the gallows, Merrill asked for mercy for his widow and ten children and that they be allowed to keep some of his property. The Governor later signed an order fulfilling that wish. Then Merrill, professing some doubts about having rebelled against the King, and professing his own faith in God, went to his death singing a Psalm.
THOUGHTS ON ALAMANCE
It is interesting to note that Merrill’s final statement refers to ten children, but the Governor’s order refers to eight children, and a later document refers to nine children.
As for the Regulators, one account I read speculated that had Merrill reached Alamance in time, the result could have been much different. That writer believed that Merrill was a better military leader than any of the men involved at Alamance. He certainly seemed to have no trouble subduing the branch of the King’s militia led by Waddell.
Although the Battle of Alamance did not prove to be the beginning of the Revolution, coming five years before the Revolution started in earnest in Massachusetts, it certainly illustrates the long simmering resentment of English government in the colonies. The Regulators were using the same arguments later used in Philadelphia by the crafters of the Declaration of Independence. And their struggle had tangible results in North Carolina. Of the 47 sections of the state constitution that was adopted in 1776, ¼ of them—thirteen sections— were reforms sought by the Regulators.
While I have written extensively about my New England ancestors in the American Revolution, this July 4th, I want to turn my attention to the North Carolinians who were the first to fight the British in actual battle, and to my relative, Benjamin Merrill, who became a martyr for the cause five years before the Declaration of Independence.
Notes on Research
- Captain Benjamin Merrill and the Merrill family of North Carolina Accessed at ancestry.com
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I read this post with interest as John Merrill married Elizabeth Wiseman and Andrew Merrill married Rachel Wiseman. The Wiseman brides were daughters of my 6th great-grandparents Isaac and Mary Wiseman of Jersey Settlement. I have not researched either of the Merrill couples. Isaac Wiseman mentioned only one son in his will. His widow Mary Wiseman named her daughters Elizabeth Marrell and Rachel Marrell in her 1791 will and made Andrew Marrell one of her executors.
Happy 4th of July, Vera.
Love it! I don’t know how many degrees of separation that equals,Cathy, but it was inevitable that our family trees would rub branches.
I cut the info about the marriage to sisters because it was not germaine to my story, and also because I have ‘t authenticated the Merrill family. I suspect John might be the son of Wlliam rather than Benjamin if birth date is correct.
Interesting post! Actually I have heard of this battle as it was featured in this year’s episodes of Outlander
Horn In the West, the outdoor drama presented in Boone, NC, begins with the Battle of Alamance. The son of a doctor is arrested as a Regulator. He escapes and the family flees to the mountains of North Carolina led by Daniel Boone. They establish a community after dealing with the Cherokee and British meanies. The play ends with the Battle of King’s Mountain. The entire story is fictional. Daniel Boone camped in the Boone area, but didn’t establish or assist a community here in Watauga County. He did assist the Watauga Community in Tennessee. Horn in the West opened in 1952 and has been performed each year until this year. It is the oldest Revolutionary War outdoor drama.
An ancestor of mine fought and died at the Battle of King’s Mountain. Many of my students got their first professional theatre job as an actor or crew member at Horn.
Thanks for the additional history, Frank. I did read that there were Tennesseans involved with the Regulators.
Hi Vera!
I have been researching my family history and uncovered my mother’s 1st cousin 8 times removed, Captain Benjamin Merrill. I read your blog on the Battle of Alamance and the role Benjamin played in forwarding the cause of freedom from British rule. Thank you for sharing this history.
I could not resist writing about such interesting history.
My husband is a descendant of Benjamin Merrill. A family history was done in 1960, annotated with footnotes, called ‘Journey to the South’, by David L. Merrill, 1960, published in Texas (Dallas??). I have it.
It’s remarkable the info he collected, especially since people are just now finding some of his resources.
My husband is descended through his son Andrew Merrill and Rachel Wiseman, who moved to Estil, KY. Our line moved to Carroll County, MS (James William Simpson ‘JWS’ Merrill) and David’s family went to TX.
David sent my husband a copy because he is Merrill. He knew my father-in-law and was glad the name was still in use. I have loads of info on many descendants.
Deborah Hicks
That sounds like a terrific book. Although my relationship to Merrill is not as firm as your husband’s, I was drawn to the story. Shouldn’t it be a movie?
And, please, if you have spotted any errors in my abbreviated retelling, please let me know.
Deborah, are you MY Deborah from Eufaula meaning Edgar is my cousin?
Hi Deborah it’s been a while since your post I hope this finds you well. My daughter did a family search and discovered Capt Merrill is my grandfather through his son Samuel. My grand father talked about this when I was a child but I never gave it attention because I was a child. our line is Capt Merrill -> Samuel -> Azariah -> Jonathan C -> John Franklinn -> my great grand father Willard -> Virgil -> Gary -> then me. I’d love it if there is any info you have for my about our family.
Here I sit at nearly midnight looking into family history. My husband’s 7x grandfather was Captain Benjamin Merrill. In my curiosity to see if any Merrill/Morrell are still in the Lexington, North Carolina area, I stumbled upon this article. I was shocked to find out the rich history of his maternal grandfather’s side. I was excited to find local things in Phx. were we reside and where the family had some history as very early settlers. It appears there was a migration into Tennessee, Missouri, Texas, Arizona and eventually landing in Los Angeles County. I only wish that Ancestry had been around 25 yrs. ago to share this with the family elders. I am amazed at the work that you have done on this and many others involved in genealogy. I am still struggling with Ancestry, but I’ll get there. Thank you for another wonderful post about the bravery of Capt. Merrill as he and thousands other fought for independence.
I will share this along with all my other historical finds with other family members. I have a Revolutionary War hero on my side as well. A 6th times grandfather who served with General George Washington.
Blessings to all. Sharon
I am so happy to hear I have added to your family story.
I am Merrill, Ben is my 5th ggf. My dad Warren Chester Merrill was born in Tx and after serving in ww2 in Italy he made a trip to Long Beach,ca to visit his married sister and there met ,married, and remained in ca till death 2004. His mother, alba Higgins, brings connection to wm b Travis also to our family. He is cousin in family tree. Lots to be proud of-just wished I would’ve recognized it earlier in my life.
But you did learn about them, and you can try to pass the story on to your other relatives!
Salute to my Grandfather.
Vera, thank you for your account of the Battle of Alamance and of your brave ancestor’s role in it. Robert Thompson is my sixth great-grandfather. He was the first casualty of the battle. He was shot by Gov. Tryon while attempting to return to the Regulator camp after trying to mediate a peaceful settlement. Somehow the story of this battle was not passed down to my generation. I recently discovered it and now I know why several of my paternal grandmother’s male line had the first name of Thompson! This month is the 250th anniversary of the battle. I will remember your ancestor as well as the others who were killed in the battle or hung afterwards. My tribute is to do as much as I can to share their stories with my family and others, as you have done. Thank you.
It is rather amazing how this piece of history got lost in our national story telling. Thanks for telling me about your 6th great grandfather. And particularly thank you for telling me that this month is the 250th anniversary of the battle. I will try to publicize that fact.
Unfortunately, since being unduly removed from accessing my Facebook page and data, I cannot download history contained on the Merrill Group site. A lot of information there I wish to retrieve had I’d only thought beforehand.
have you appealed? I don’t think FB bans last forever, so hopefully you’ll be able to get back on.
As a descendant of Captain Merrill, I greatly appreciate these pages, such as these. I try to pass it on to my children as well. I have been looking for his last words, but haven’t found them just yet. He was such an amazing person and I feel very fortunate that he is my 6th great grandfather.
Thanks, Amanda. Yes, you are fortunate to be descended from this hero.
I found his final speech in Colonial Records of
North Carolina , Volume VIII, pg 656. The dates
are on the outside of the book. Records seem to be transcribed from the digitized records I found online
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Thank you for sharing this! I am going to see the site where the six were hung tommorow. My 5th Great Grandfather was Captain Robert Messer and from what i have heard was a leader of the Regulators and would never swear allegiance to the King of England!
You can be very proud. Those men were unbelievably brave in standing up for their beliefs.
Hello Vera and thanks for writing this. Benjamin Merrill was my 6th Great Grandfather. His great grandson was Ransom Merrill (father was Andrew) and was from Madison County . Ransom was involved in the events that led up to the Massacre of Shelton Laurel here in North Carolina. Although Ransom, was not as good a person as Captain Benjamin, he took pride in claiming him as his great grandfather. Ransom’s family tree leads down to my Paternal Grandmother. During this pandemic, I have been researching my ancestors on Ancestry and my heart was broken when I discovered what Captain Benjamin Merrill had to endure. He was truly a brave hero. Makes me want to hate King George lll. His mother Penelope also has an amazing story of when she came to the states. It has been recorded that she was scalped by Indians and nearly died, but was taken in by another Indian tribe who later returned her to her settlement. It is so amazing to read about their stories and I appreciate writers who take the time to tell them. Yes, I think their stories would make a great book! Maybe I’ll write one, If not only but for my children and grandchildren. Another note, the Jersey Baptist Church that he was a deacon of is still in existence today.
Thanks for adding some information about the Merrills. I wonder, however, if the Penelope who is the subject of the Indian attack and then rescue is the original Penelope Stout, married to the pioneer Richard Stout? You can see her story by using the search function here. I wrote three posts about her.
Yes. That is the Penelope: Penelope Van Princis-Kent, the wife of Richard Stout. They were the great-grandparents of Captain Benjamin Merrill and my 9th great-grandparents. Captain Benjamin Merrill was my 6th great-grandfather through my Merrill line, and my 7th great-grandfather through my McCrary line.
I am a 5th Great Granddaughter of Benjamin Merrill. Actually 5th and 6th. His nephew and namesake married his daughter Penelope after he was hung. Then the Captain’s brother and father of that Benjamin was abducted from the farm by the British. His wife’s tongue was split. He was never found or heard from again.
That family’s history just gets sadder the more I learn.
Interesting reading. My great grandmother, Martha Merrill, is my tie in to the family. I noted your Killbuck Ohio background. I am a Millersburg ex-resident, class of 1964. Figured you might be of the same vintage. Thanks for your research.
Well, that is small world. I graduated from Killbuck High in 1956, so a bit older than you, but dated a couple of Millersburg boys when Inwas in school. And my mom, Harriette Kaser, taught in the high school in the 50s, but was gone before you got there.
I read with great interest your post on Captain Benjamin Merrill. My DAR membership is based on the Revolutionary service of his son, Samuel, whose daughter Jemima married Thomas Yarbrough. If I am charting this properly, that makes Benjamin my fifth great grandfather. Thomas and Jemima had a son, Charles, who in turn produced James Knox Polk Yarbrough. It was James K. P. Yarbrough who removed to Missouri after the Civil War. James Knox Polk Yarbrough is my great, great grandfather.
Apparently, the DAR line for Captain Merrill was closed after the Battle of Alamance was no longer regarded as part of the Revolutionary War. But his son Samuel, whom my records show was born in 1748, most certainly did take part in it.
I just ordered the Merrill history from Amazon and look forward to reading about my patriot ancestors.
Although I have several ancestors who would qualify me for DAR I am not a member. I did not know that they do not consider the Battle of Alamance part of the Revolution. That is appalling.
All of you who are descendants of Captain Benjamin Merrill are invited to join our Facebook page DESCENDANTS OF CAPTAIN BENJAMIN MERRILL. Lots of cousins on the page, all gladly sharing information.
Thanks for checking in here with your invitation.
Thank you for keeping the memory of my 5th G Grandfather, Capt. Benjamin Merrill alive. He and his brother (which is another great story in itself) are both my 5th G Grandfathers as their children Penelope and Benjamin married one another. That’s the line I came down through.
This was really cool to read through! Thank you for sharing Vera. If I did all my tree lines right, I believe Captain Benjamin Merrill was my 7th Great Grandfather. I’m not sure how or when the “i” changed to an “e” in the spelling of last name, but it looked like it happened sometime after him. What a story of courage and bravery!
Hey Chase… I’ve done very little reading but it looks like Capt Merrill’s (our great grandfathers) sons changed the spelling of their last names probably to hide from them being his children. I’m sure back then the government and society turned on them and it was their only way to prosper or maybe even survive. Azariah in my line who dad was Samuel (Capt. Merrills son) he kept the proper Merrill spelling Azariah Merrill. His dad Samuel probably did this in defiance…. but Azariah went back to Merrell for his children. Maybe he suffered for the actual name and didn’t want his children to suffer??? then my grandfather Virgil who knew the History said the family went back to the original spelling in an attempt to get back to the proud family name. He also said back in the day people spelt names however they felt was right and this led to many different forms of the spelling.
Thank you for your informative article on my 4th great grandfather. What a terrible death for his family to watch. His poor wife suffered for the rest of her life. I am proud to add the story of this great man to my book that I am writing for my children. I have also written about Penelope Stout, Benjamin’s ancestor.
Two fascinating stories for sure! And I shudder every time I think of Benjamin. Did you see the articles I wrote on Richard and Penelope Stout?
Best wishes with your writing. What a wonderful gift for your children!
Enjoyed reading your articles. My husband is Benjamin Merrill’s grandson 7th generation ago. His name is Furman Merrill of Thomasville, N.C. His father was Vergil Merrill, brother to James, Jack,Paul, sister’s Edith, Cleo,Irish, and Wilma Merrill all of Thomasville,NC. All the brothers except Jack have passed on, and all the sister have passed. Our son Mark Merrill lived in Lexington, N.C. he passed In November 2021 of a heart attack. His son Kevin Merrill and daughter Emily Merrill Adkins still live in Lexington, N.C.
I am Kem Phillip Farr and I am the son of
Jessie Mandy Ferrell who was he daughter of
Luella Rogers who was the daughter of
Isaac Milton Rogers who was the son of
William W Rogers who was the son of
John M Rogers who was the son of
Joseph Rogers who Married Rachel Merrill
Who was the daughter of John Merrell who was the son of
Captain Benjamin Merrill of the Revolution.
After the Revolution John Merrill moved to Fishing Creek, Franklin co Georgia for a time
He had property there and this is where my Rachel Merrell married Joseph Rogers
In 1805 Joseph Rogers sold his land I think to his father in law John Rogers and took his wife to White County Tennessee and had a house on the corner of College and Main. The call came in the War of 1812 for Rachel Merrills husband Joseph Rogers to fight with Captain Newmans troops in the battle of New Orleans where in 1814 his until fought behind Cannon number 6 on the left flank near he swamps. I have sttod behind this cannon position. These Tennessee sharpshooters were hand picked by Andrew Jackson because they had a bone to pick with the English and would not retreat. These troops took the brunt of the English attack and these troops were called the Dirty Shirts by the English. The English troops were many of them seasoned troops against Napoleon. Jacksons troop would give the the biggest lopsided defeat they had ever known. In this battle our family would get our long time revenge for the evil doings of Evil governor Tryon. Andrew Jackson made good on his promise that the English would not sleep in peace so long as they were on the soil of Louisiana. Rachel Merrills husband Joseph Rogers would get issued Military Bounty land in Madison County , Arkansas for his effort where he and his sons would build a flower mill up to 1850. A few years ago , my Joseph Rogers was put on the war of 1812 memorial of Soldiers buried in Arkansas at the State Capitol in Little Rock.
What a proud family heritage! Thanks for sharing your story.
Hi Ms. Vera Marie it’s been a while since your post I hope this finds you well. My daughter did a family search and discovered Capt Merrill is my grandfather through his son Samuel. My grand father talked about this when I was a child but I never gave it attention because I was a child. Also we have a plague in honer of Cape Merrill in the square in Lexington but again I never gave thought to it as well. But through my daughters search our line is Capt Merrill -> Samuel -> Azariah -> Jonathan C -> John Franklinn -> my great grand father Willard -> Virgil -> Gary -> then me. I’d love it if there is any info you could share about our family.
All I know is already in my posts and be sure to look at the references at the bottom. Good luck with your search.
Thank you for your essay. Captain Benjamin Merrill was my six-times great grandfather through his daughter Nancy (Anna) who married Boyd McCrary, and their daughter Phoebe who married William Burton.
Enjoyed the article and all the comments. I would love to know if any descendants of Benjamin’s son Charles are reading this. I descend through his son Abel who moved to Mississippi. I would love to find definitive proof that Abel is Charles’ son for DAR purposes.
Born in New Jersey and descended from French Huguenots, Benjamin Merrill moved to the Jersey Settlement region in the colony of North Carolina (ca. 1750), where the warmer climate was more amenable to farming (Jersey Settlement is located at the fork of the Yadkin River near what today would be Spencer, NC, . . . and if you are driving on I85, you will be able to see the fork just south of the interstate bridge).
Benjamin, considered a “pious man . . . much esteemed wherever he was known” took up farming and gunsmithing in Jersey Settlement. Benjamin also was an educated man and taught the local children the disciplines of reading and arithmetic. He joined the Jersey Settlement Baptist Church as a deacon (founded under the leadership of John Gano from Philadelphia), and he assumed the rank of captain in the local militia, which largely was put in place to address any attacks by the Cherokee in what then was the frontier region of the colony.
It was during the late 1760s and early 1770s that the royal governance of the colony was heaping abuse on its citizens. Royal officials would suddenly appear in the western frontier region of the colony, demanding taxes (often well beyond what actually was required . . . to the benefit of the tax enforcer). Many of the residents had very little currency and lived in meager log cabins; so, when a tax enforcer would suddenly arrive at one’s door, the resident’s inability to pay the fee would result in the confiscation of any farm animals, tools, plows and the like as collateral. These seizures in effect would devastate the farmers trying to provide for their families. Worsening the financial toll, some of the residents were beaten in their homes when they were unable to pay the taxes demanded of them. It was a very difficult time for the colonists of North Carolina.
Eventually, these tensions grew to a boiling point, when Royal Governor William Tryon assembled a militia to deal decisively with what he would consider rebellious insurgents, who already had displayed their vehement disgust of royal governance at the courthouse in Hillsborough. In addition to forming a militia in New Bern in the eastern part of the colony, Tryon also conscripted a militia in the west (in Mecklenburg and Rowan counties), under the leadership of General Hugh Waddell, to move eastward and present in effect a two-front battle against the Regulators. When Benjamin Merrill received word of Governor Tryon’s raising troops in the west, he rallied his own militia from the Jersey Settlement region and marched out to engage Waddell’s forces at the Yadkin River. Soon, General Waddell realized his militia was no match for Merrill’s Regulator forces, and he withdrew to Salisbury. When Waddell reconvened his Council of War on May 10, 1771, at Potts Creek, he expressed concern at the tactical disadvantages and the lack of motivation among his troops to engage the enemy in battle. Captain Alexander of Mecklenburg reported that Merrill’s militia line was stretched a quarter mile long, seven to eight deep, with horsemen extending 120 yards, twelve to fourteen deep. It truly would have been an impressive sight.
When Benjamin Merrill realized that Tryon’s western forces had retreated and dispersed, he too dispersed his troops and no lives were lost on either side. This fact is significant evidence of the resolve of the leaders of the Regulators to seek redress without military confrontation.
Governor Tryon continued with his eastern militia towards the western frontier region and engaged the Regulators at the Battle of Alamance on May 16, 1771. The Regulators, many of whom had little-to-no weaponry were no match for Tryon’s forces, which included several cannon that could decimate large groups of soldiers with its cannister shot. Once Tryon decisively defeated the Regulators at Alamance, he began an intentional pillaging of the Regulator communities as consequential spoils of war. Tryon moved through the Baptist strongholds of Sandy Creek and Deep River; and he eventually arrived in the areas of Abbott’s Creek and Jersey Settlement by June 1st, pillaging and burning wherever he went.
When Tryon’s forces arrived during the stealth of night at Benjamin Merrill’s home at the Yadkin River, they surrounded his home while he lay asleep in his bed. Tryon’s forces barged into Benjamin’s home and took him prisoner, shackling him with other prisoners captured. Tyron, with his forces and his prisoners, made their way to the Moravian settlement at Salem to celebrate the King’s birthday and their victory over the Regulators at Alamance. The Moravian “Bethabara Diary” dated June 4, 1771, records that the prisoners were chained “two and two, and were a pitiful sight as they marched.”
When Tryon and his forces arrived at Salem on June 5, 1771, a festive celebration commenced in the town square. The soldiers fired a feu de joy and reenacted their previous battle at Alamance. They too paraded Benjamin Merrill and the other prisoners in Tryon’s victory celebration. The Moravians provided beer and bread to the soldiers, as well as a music band for the playing of several martial pieces. As saddening as the circumstances were, the occasion was an impressive display of celebration.
On June 7, 1771, Tryon, his forces, and his prisoners made their way eastward back to Hillsborough, passing through the area of Guilford Courthouse along the way. The prisoners’ forced march in chains would have been a difficult 70-mile journey for them, as they were subjected to abuse and meager accommodations along the way. When they arrived in Hillsborough on June 14, 1771, Tryon wanted his arrival to be a glorious march of triumphant procession over his adversaries. He commanded his officers and soldiers to “cock up their hats and put a sprig of Oak on the left side of their hats.”
After a four-day trial by the Court of Oyer and Terminer (which concluded on June 19th), six of the twelve prisoners were condemned and were escorted to their place of execution. Chief Justice Martin Howard, who presided over the trial, ordered that the convicted rebels first be hanged but kept alive, so that their bowels could be cut out and burned before them, just prior to the severing of their heads and the quartering of their bodies. This sentence was not carried out to this extreme, and six of the condemned prisoners were given pardon. The rest, including Benjamin Merrill, were marched eastward from the courthouse up the slope of a recently cleared hill that was the highest point in the area, overlooking the town to the west and the Eno River to the southeast. Governor Tryon mustered his entire army as they stood impressively at arms to commemorate the execution of justice against the insurgents.
As Capt. Benjamin Merrill stood with noose around his neck, he professed his faith in Jesus Christ and his hope in Heaven. He too acknowledged that God was his comforter and supporter. Benjamin then cited a Psalm and believed that his previous backsliding since his conversion fifteen years prior had been forgiven. He further exclaimed that he would not change places with anyone who was there watching his execution. Benjamin confessed his error of believing that the complaints of the Regulators would be heard if military might were displayed (though with the hope of no bloodshed), and he confessed his support of military action in view of the belief that the governor had prepared his army to “lay waste the country and destroy its inhabitants.” Just prior to his execution, Benjamin asked that his wife and children not be held in contempt for his actions by those who were ending his life; and he asked the attending officers that some of his confiscated property be returned to his wife and ten children, all of whom were in attendance at Benjamin’s execution. One of Benjamin’s sons pleaded with Governor Tryon for his father’s pardon, but Tryon would not oblige his request.
The body of Benjamin Merrill was buried with the others executed along the banks of the Eno River not far removed from the place of their execution. Unfortunately, there are no markings locating the precise area where the bodies were interred. There is a memorial located in Hillsborough, just behind the Orange County, NC, Board of Education building, where the executions occurred. The closest point to the Eno River from this location is about 1000’ behind the memorial, but it is not accessible.