Tag Archives: Regulators

Benjamin Merrill and the Battle You Never Heard Of.

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.”

May 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.