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“… AND FIGHT THEM, SAYING THEY HAD MEN ENOUGH TO KILL THEM,
WE CAN KILL THEM”

Deposition of Waightstill Avery, Witness
North Carolina
Mecklenburg County

Waightstill Avery Testifieth and saith that on the sixth Day of March Instant about nine or Ten OClock in the Morning He this Deponent was at the now dwelling house of one Hudgins who lives at the lower end of the long Island.

And He this Deponent there saw Thirty or Forty of those People who style themselves Regulators, and was then and there arrested and forceably detained a prisoner by one of them (who said his Name was James McQuiston) in the Name of them all, and that soon after one James Graham (or Grimes) spoke to this Deponent these Words “You are now a Prisoner and You must not go any where without a Guard.” immediately after adding that “You must keep with Your Guard and You shan’t be hurt.”

This Deponent was then conducted under Guard of two Men to the regulating Camp (as they termed it) about a Mile distant, where were many more persons of the same Denomination and others came there some Hours after, in the whole as this Deponent supposes and imagines about two hundred and Thirty.

That from themselves He this Deponent learned the Names of five of their Captains or leading Men then present (Viz., Thomas Hamilton and one other Hamilton, James Hunter, Joshua Teague one Gillespie and the aforesaid James Grimes (or Graham). He this Deponent heard many of them whose Names are to Him unknown say approbrious Things against the Governor, the Judges of the Superior Court, against the House of Assembly and other persons in Office. While a surrounding Crowd were uttering Things still more approbrious the said Thomas Hamilton stood in the Midst and spoke Words of the following Tenor and purport (the Crowd still assenting to and affirming the Truth of what was said):

“What Business has Maurice Moore to be judge, He is no Judge, he was not appointed by the King He nor Henderson neither, They’ll neither of them hold Court. The Assembly have gone and made a Riotous Act, and the people are more inraged than ever, it was the best thing that could be for the Country for now We shall be forced to kill all the Clerks and Lawyers, and We will kill them and I’ll be damned if they are not put to Death. If they had not made that Act We might have suffered some of them to live. A Riotous Act! there never was any such Act in the Laws of England or any other Country but France, they brought it from France, and they’ll bring the Inquisition.”

Many of them said the Governor was a Friend to the Lawyers and the Assembly had worsted the Regulators in making Laws for Fees. They shut Husband up in Gaol that He might not see their roguish proceedings and then the Governor and the Assembly made just such Laws as the Lawyers wanted. The Governor is a Friend to the Lawyers, the Lawyers carry on every Thing, they appoint weak ignorant Justices of Peace for their own purposes.

There should be no Lawyers in the province, they damned themselves if there should. Fanning was outlawed as of the Twenty-Second of March and any Regulator that saw Him after that Time would kill him and some said they would not wait for that, wished they could see him, and swore they would kill him before they returned if they could find him at Salisbury—Some wished they could see Judge Moore at Salisbury that they might flog him, others that they might kill him. One Robert Thomson said Maurise Moore was purjured and called him by approbrious Names as Rascal, Rogue, Villian, Scoundral, etc. others assented to it.

When News was brought that Captain Rutherford at the head of His Company was parading in the Streets of Salisbury, this Deponent heard Sundry of them urge very hard and strenuously that the whole Body of the Regulators then present should March into Salisbury with their Arms and fight them saying They had Men enough to kill them, We can kill them We’ll teach them to oppose Us.

Taken sworn to & Subscribed this eighth
Day of March 1771 before Me

(signed) Waightstill Avery

(witnessed) Wm. Harris, Justice of the Peace

William Tryon to General Thomas Gage
North Carolina
New Bern ye 19th March 1771

Sir,

It was Yesterday determined in His Majestys Council of this Province to Raise a Body of Forces from the Militia Regiments and Companies to March into the Settlements of the Insurgents, who by their Rebellious Acts and Declarations have set this Government at defiance.

As we have few Military Engines or implements in this Country, I am to request your assistance in procuring me for this Service the Articles (cannon, shot, colours, drums, etc.) listed hereby.

I intend to begin My March from this Town about the Twentieth of next Month, and assemble the Militia as I march through the Counties. My Plan is to form fifteen Hundred Men, though from the Spirit that now appears on the Side of Government that Number may be considerably increased.

I am with much Respect and Esteem
Sir Your Most Obedt. Servt.,
Wm. Tryon