Resistance Turns to Rebellion
In Part I of our look at the Regulator Movement, we explored the growing anger among North Carolina’s backcountry settlers over unfair taxes, excessive fees, dishonest officials, and a colonial government they believed did not represent their interests.
By 1771, that frustration had reached a breaking point.
What began as petitions and protests would end in armed confrontation at the Battle of Alamance. Among the men caught up in that struggle was Captain Benjamin Merrill—a prosperous Rowan County landowner, gunsmith, militia captain, husband, and father of ten.
Merrill did not fight at the Battle of Alamance itself. He was leading a group of men toward the battle when he learned the Regulators had been defeated. But his involvement in the movement would cost him his life.
His story also has a lasting connection to our area. Members of the Merrill family eventually settled in what is now Davie County, where their descendants became part of the community’s history.
From New Jersey to the North Carolina Backcountry
One of the most well-known and locally connected Regulators was Captain Benjamin Merrill. He was born in Hopewell, New Jersey, in 1721, married Jemima Butler, and they eventually had ten children. They moved to Rowan County in the late 1740’s and helped to establish the Jersey Settlement and the Jersey Baptist Church. The people from Hopewell decided to leave and start a new life because of difficulties purchasing land and religious conflicts. The Jersey Baptist Church remains in Davidson County to this day. (Interestingly enough, my own Hartley ancestors settled in that same area later than the Merrills and were also members of Jersey Baptist Church).
A Gunsmith, Landowner, and Militia Captain
Merrill bought property about four miles south of Lexington and about two miles from the church. Because he was, by occupation, a gunsmith, he bought land near a stream that provided power for his work. According to Rowan Land Records, he bought several tracts of land, owning over 1,000 acres, making him a plantation owner.

Very early, he and some friends and neighbors rebelled against the unfair taxes and practices of the royal governor and were members of the Rowan County Militia, of which Merrill was a Captain. Because of the actions of the Regulators, the name given to people who wanted fair taxes and fair treatment to everyone, Governor Tryon called out his own troops to help with the trouble.
The Battle of Alamance
On May 16, 1771, the Battle of Alamance Courthouse was fought between Tryon’s militia with over 1,400 men and the Regulators, numbering around 2,000. The Regulator forces met Tryon on the Great Alamance Creek near present-day Burlington. After a battle lasting only a couple of hours, the Regulators were crushed. Tryon lost 9 men, and 6 were wounded. The Regulators also lost 9 men, but many more were wounded.
No Pardon for Benjamin Merrill
Tryon offered clemency to all but a few of the Regulators who would put down their arms, pay back taxes, and take an oath of allegiance to the royal authority. Prisoners were released as they did what he demanded; however, Benjamin Merrill and Abraham Creson were excluded from the pardon. Merrill and five others were convicted of High Treason. Merrill was hanged in front of his wife and children. According to an article in the Boston Gazette on August 12, 1771, “Merrill died in the most heroic manner…at peace with His Maker and in the cause of his oppressed countrymen.” As mentioned, five others were hanged that same day at Bethabara.

This plaque can be found at the Alamance Battleground. It reads, “Of the twelve regulators condemned at Hillsboro, the following six were executed by the British Governor: James Pugh, Robert Matear, Benjamin Merrill, Captain Messer, and two others whose names are now unknown. “Our blood will be as good seed in good ground, that will soon produce one hundred fold.” – James Pugh, under the gallows at Hillsboro, N.C., June 19th, 1771.”
The Merrill Family’s Davie County Connection
Many of the Regulators left the area after this, but we know that some of Benjamin Merrill’s family came to Davie County. Benjamin Smith Merrill settled in the Fork Community about 1840. From him many others have descended. Some of my very best friends are Merrills and have a great sense of pride in their heritage.
A Prelude to Revolution?
Scholars do not all agree that the battle between Tryon and the Regulators was the first battle of the Revolutionary War, but it was definitely a stand against royal authority, tyranny, and injustice.
We all owe our freedom to every person in our history who has taken up arms against their oppressors. Every soldier in every war has thus far secured our liberty. May it ever be so. Captain Merrill was one such person.
