Benjamin Merrill (1730 - 1771)

Born 15 Feb 1730 in Hopewell, Hunterdon County, New Jersey

Ancestors

Husband of Jemima (Smith) Butner — married about 11 Dec 1750 in New Jersey

Descendants

Died 19 Jun 1771 at age 41 in Hillsborough, Orange County, North Carolina

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Biography

Benjamin Merrill is Notable.

Captain Benjamin Merrill, the son of William Merrill & Penelope Stout was born in 1731 in Hopewell, Hunterdon County, New Jersey. Hopewell is now part of Mercer Co but that county was not formed until 1838 and Benjamin's family left New Jersey in the 1750's. Benjamin and Jemima moved to Rowan Co NC in the 1740's and helped organize the Jersey Settlement Baptist Church.

Benjamin Merrill.^[1]

Captain Benjamin Merrill.^[2]

Birth

Benjamin Merrill was born in 1731 in Hopewell, Hunterdon County, New Jersey, son of William Merrill & Penelope Stout.^[1]

Note: Hopewell, then Hunterdon County, NJ. Hopewell is now part of Mercer Co but that county was not formed until 1838 and Benjamin's family left New Jersey in the 1750's.^[3]

Marriage and Children

Benjamin Merrill married Jemimah Smith on 11 Dec 1750 in New Jersey.

Children:

1. Samuel Merrill, (1748-1803) m. Susannah York.^[1][4]
2. John Merrill, (1750-1838) m. Mary Wiseman.^[1][4]
3. Andrew Merrill, (b. 1751) m. Rachel Wiseman.^[1][4]
4. Nancy Merrill, (abt 1756-1837) m. Joseph Clark.^[1]
5. William Merrill, (abt 1757-aft 1803) m. Sally Hayden. ^[1][4]
6. Anna Merrill, (b. 1758) m. Boyd McCreary/McCrary.^[1][4]
7. Penelope Merrill, (abt 1760-1839) m. Benjamin Merrill, II.^[1][4]
8. Charles Merrill, (1761-1822) m. Elizabeth Jane Easley,.^[1][4]
9. Elijah Merrill, (b. 1763).^[1][4]
10. Jonathan Merrill, (1767-bef 1850) m. Nancy Elliot.^[1][4]

Note: Married Jemimah Smith, abt 1748 Hopewell, HunterdonCo, NJ.^[1]

Note: Benjamin MERRILL and Jemima SMITH were married on 11 Dec 1750 in New Jersey. Jemima SMITH died in Feb 1803 in Rowan County, North Carolina.^[5][3]

Note: I also give and devise to my daughter Jemima's children that she bear to Benjamin Merrill to wit: Saml, John, Andrew, Wm, Chas, Elijah, and Jonathan Merrill, Anna McCleary and Penelope Merrill to all and each of them severally 50 pounds."^[4][6]

Note: Jemima Merrill lived about thirty years after the death of Captain Merrill. She had one known child by her second husband, Harmon Butner, a daughter Ellen.^[3]

Religion

Benjamin and Jemima moved to Rowan Co NC in the 1740's and helped organize the Jersey Settlement Baptist Church.^[3]

Occupation

Capt. Benjamin Merrill and the Merrill Family of NC by W.E. Merrill says he was a gunsmith using river water power for boring operations.

Captain of the Rowan Militia (Regulators)1770 until his death.

Hanged for treason against England.
Men of Orange Co NC met at Maddock's Mill, near Hillsborough, 4 Apr 1767 and formed a body called Regulators, an assoc. for regulating public grievances and abuse of power. The reason for this gathering was the continued abuses of Gov. Tryon's officials, who required $15 for a marriage license when the legal rate was $1, and so on, at a time when cash was very scarce. Protests to the Gov. had been ineffective. The officials in the western areas had too little supervision. From 1767 on, friction grew between the Regulators and the Governor's officials. Tryon imprisoned some of the leaders; the Regulators deliberately annoyed the officials. Resentment against the officials is said to have prevailed in the Piedmont. Finally, the Gov. decided the Regulators should have no more meetings, and fully capitulate to official power; he sent 300 men and 6 cannons from New Bern to challenge the Regulators. Militia companies joined this group along the way, so that he is said to have had 1100 men camped with him on the banks of Alamance Creek in then Orange Co, now Alamance, on 14 May 1771. Five or six miles west of his camp, some 2000 Regulators are said to have been gathered - but not to have expected to fight. Not more than half had guns, and no one acted as commander. They sent a message to Tryon on the 15th, again asking for justice in their grievances. In answer, the next day, he sent a paper saying they should lay down arms, go home, and obey the King; and he drew his men up in battle lines half a mile from the Regulator camp. Both advanced. Tryon shot Robert Thompson, who had been sent to treat with the Governor. A two-hour battle ensued, with many Regulators fleeing. Afterwards, the Governor returned to Hillsborough, sentenced 6 of the leaders to be hung, and the sentences were carried out 19 Jun 1771. Many people claim that this was the seed of Revolutionary ardor in the state.
Benjamin Merrill was a Captain in the militia, and was on his way to join the Regulators at Alamance, with a company of 300 men. He met Gen. H. Waddell on the way and forced him to flee to Salisbury. A day's march away from Alamance, he disbanded his men upon receiving news of the Governor's victory, and so was not in the fateful scene. But Col. Fanning took him prisoner and brought Benjamin to Tryon. He was put in chains with the other prisoners and dragged to Hillsborough.
Quoting NC Colonial Records, vol 8, pp642-3; 65, 656: The Supreme Court of Oyer & Terminer, for the Tryal of the Regulators in the Back Country, began at Hillsborough 30 May, and continued to the 20th inst (Jun 1771); during which, 12 were tryed and condemned for High Treason. The Gov. was pleased to suspend the execution of 6, till His Majesty's pleasure be known; the other 6 were executed on Wed 19 Jun at Hillsborough. Among the last, the most distinguished was Benjamin Merrill, who had been a Capt of Militia in Rowan Co. When the Chief Justice passed sentence he concluded in the following manner: `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 from whence you came, that 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 still alive, that your bowels be taken out and burnt before your face, that your head be cut off, your body divided into four quarters, and this be at His Majesty's disposal; and the Lord have Mercy upon your Soul.
In this crucial situation he gave his friends satisfactory evidence that he was prepared to die, for he not only professed faith in Christ, his hope of Heaven, and his willingness to go, but sang a Psalm very devoutly, and died like a Christian soldier. On being permitted to speak just before the execution, he said that fifteen years previously he had been converted, but had back-slidden, yet now felt that he was freely forgiven and that he would not change places with anyone on the grounds, in concluding he referred to his wife and 8 children. It is said that one of Tryon's soldiers was heard to declare that if all men went to the gallows with a character such as Capt Merrill's, hanging would be an honorable death. Capt Merrill was a man held in general esteem for his honesty, integrity and piety. Just a few minutes before Benjamin was executed, he is quoted as saying, In a few minutes I shall leave a widow and ten children. I entreat that no reflection be cast on them on my account, and, if possible, I shall deem it a bounty, should you gentlemen petition the Governor and Council that some part of my estate may be spared to the widow and fatherless. Gov. Tryon said, Benjamin Merrill, a Capt of the militia, left it in charge of the officers to solicit me to grant his plantation and estate to his wife and eight children. Wm Tryon.^[7]

His Plantation

His plantation, on which was his home, was some four miles south of Lexington, NC and about two miles east from Jersey Church. The writer recently visited the spot where once stood the residence of Captain Merrill. The venerable oaks standing there could they but speak might tell us much of valuable history in the eventful years, in the long ago, now buried forever in the wreck of time. It is said that our hero was a gunsmith, and that the strong branch running at the foot of the hill near where his residence stood afforded the power necessary to operate the simple machinery used in boring out the barrels. In the evening he would arrange a barrel for boring and start his crude machinery and leave it running all night.^[8]

Incident

One of the most amusing incidents of Tryon's campaign occurred on June 1, just after the army crossed Abbot's Creek and went into camp on Benjamin Merrill's plantation, a valuable tract of well-cultivated land in the Jersey settlements, near the Yadkin River. The horses belonging to the army had been turned loose at night to graze, each animal having a bell tied to its neck to aid in finding any which might stray. In the immediate neighborhood was the residence, gardens and grounds of Benjamin Merrill, a planter, who owned and took great pride in an extensive apiary which was located in the gardens. A foraging party from Tryon's army were attempting to steal honey from this place, and in the darkness several beehives were overturned and the bees began stinging both men and horses. The horses thereupon began to run pell-mell at a full gallop around and through the camp, ringing several hundred discordant bells, the sound of which made the night hideous. The sentinels, guards and pickets fired off their pieces, and the cry "stand to your arms" rung throughout the camp. Tryon no doubt thought all the Regulators in the world had suddenly swooped down upon him. However, the cause of the tumult was soon ascertained and quiet was restored. (State Rec. of N. C., Vol. 19, P. 849.)

Battle of Alamance

Benjamin Merrill was a Captain in the "Regulators" and was involved in the Battle of Alamance. He had about 300-400 men in his command. Captain Merrill and his command were enroute to the battle, but happened across a British Regiment, and captured them. Governor Tryon was there, in command of his troops. The Americans sent a representative to talk to the British, but Tryon himself killed the man, and told his troops to start firing on the Americans. They were reluctant to do so, and he then told them "to either fire on me, or fire on them".^[2]
The Battle of Alamance was the final battle of the War of the Regulation, a rebellion in colonial North Carolina over issues of taxation and local control. In the past, historians considered the battle to be the opening salvo of the American Revolution^[9] and locals agreed with this assessment.^[10] However, modern historians reject this notion, as there does not seem to have been any intent to rebel against king or crown, only to protest taxation and corrupt local government.^[11][12] Named for nearby Great Alamance Creek, the battle took place in what was then Orange County and has since become Alamance County in the central Piedmont about six miles south of present-day Burlington, North Carolina.
Six men were found guilty of treason and were sentenced to be hanged, drawn and quartered, although in practice, they were only hanged, including Benjamin Merrill.^[13]

Events

1750: Ben and Jemima probably moved from NJ to NC in the 1750's. Third son Andrew was born in Hopewell, NJ in 1751, fourth son William in NC abt 1757. The family may have moved from NJ via Maryland and VA according to notes in A Merrill Memorial.^[1]
<Note: He was part of a community that suffered property and title disputes in New Jersey and left to form the Jersey Settlement in Rowan Co NC.^[3]
1756: 24 Jan 1756. Ordered that a summons issue to Michael Myers, Dan'l Little, Benj Merril & Michael Arrand to shew reason for not going out against the Owens who it was thought committed several misdemeanors. Rowan Co NC Court Book 2:107.^[1]
1759: Appears on Rowan Co, NC tax lists as Benj Merrell & negro Phyllis. Wm Merrell also appears on the lists. Benjaim Merrill is listed among Rowan County men who defended against Indians, 1759 Rowan County Militia List (Military Collection of the Treasurers and comptroller's Papers, North Carolina Archives).^[1]
1760: 9,10 Sep George Smith sold 1042 acres to Benjamin Merrell Rowan Co deeds 2:319 and 4:363-366. Deeds of 9 Sep from George Smith, Esq, to Benj Merrell for 240 ac.; same, 512 ac.; same, 10 Sep 1760, 419 ac. The property was located on the north side of the Yadkin River, St. Luke's parish. According to descendants, the property was about 2 miles north of Jersey Baptist Church, about 5 miles south of current Lexington in DavidsonCo, NC. Descendant C. Phelps Merrell related: "When I visited the old Merrell plantation in Aug 1983, now owned by Mr. Bill Sheets... An old barn stands on top of a knoll said to be the location of Capt Merrell's home. Off to one side, Abbotts Creek meanders by and the farm land rolls off in all directions."^[1]
Capt. Benjamin Merrill and the Merrill Family of NC by W.E. Merrill says he was a gunsmith using river water power for boring operations.
1761: 25 Apr court James Smith, Benjamin Merrill, Andrew Smith and Willis Ellis served on the jury under foreman George Magoune in the case of John Howard vs George Smith. Served on other juries in 1761 and 1762, threatened with a fine for absence.^[1]
1762: Rowan Co NC Deed Abstracts, vol II 1762-1772, Books 5-7, Jo White Linn, 1972, p.15

Book 5, p.170. 8 Dec 1762 McCulloh to Benjamin Merrell 320 A in Tract #9. Wit: Robt Rainey, Alex. Ford, John Rainey.

Book 5, p.171. 8 Dec 1762 McCulloh to Mrs Benjamin Merrell 543A in Tract #9 Wit: Robt Rainey, Alex Ford [Since married women could not hold title to land except under unusual circumstances, I suspect this deed was read incorrectly - both tracts sold to Benjamin.]
1767: NC Regulators established at Maddocks Mill near Hillsborough, 4 Apr.^[1]
1771: 14 May, Battle of Alamance in OrangeCo, NC, now Alamance Co. Gov. Tryon shoots Robert Thompson dead and two hour battle ensues, Regulators were routed. Capt. Merrill not at the battle, but on way with 300 men, took most of Gen. Waddell's men prisoner.
1771: 1 Jun brought by Col. Fanning to the Jersey Settlement, hanged in the courthouse yard of Hillsborough, Orange Co, NC on 19 Jun 1771.
When the Chief Justice passed sentence, he concluded in the following manner:
:"I must now close my afficing 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 our face, that your head be cut off, your Body divided in Four Quarters, and this be at his majestys Disposal; and the Lord have Mercy on your Soul".^[14]
1771: Captain Benjamin Merrill was hanged by the British on 19 June 1771 at Hillsboro, N.C. by then Governor Tryon.^[2]
A historical marker in Hillsborough, NC reads, On this spot were hanged by order of a Tory Court, June 19, 1771, Merrill, Messer, Matter, Pugh and two other Regulators. Six were pardoned by Gov. Tryon. The six men pardoned were Forrester Mercer, James Stewart, James Emmerson, Hermon Cox, William Brown and James Copeland. Not one of the pardoned, but one of those who were executed, while standing on the gallows Captain Merrill professed his faith in Christ, sang a Psalm, described that fifteen years previously he had professed belief in Christ, had subsequently backslid, but now felt forgiven. He repented for his actions and appealed that the Crown not punish his wife and children for his actions saying
:in a few moments I shall leave a widow and ten children. I entreat that no reflection should be cast on them on my account, and if possible, shall deem it a bounty, should you gentlemen petition the governor and council that some part of my estate be spared to the widow and fatherless.
There is evidence that Gov. Tryon honored the latter request. There is evidence that Capt. Merrill was of such high moral character that he expressed a sorrow and conflict of conscience over the fact that he had committed treason to his King that were demanded by his principles and expressed sorrow as he swung free of the gallows into eternity prior to his disembowelment. In 1776 of the 47 articles of the Constitution of the state of North Carolina, member of the newly independent American nation, 13 articles embodied the principles first put forward by the Regulators under Capt. Merrills’ influence. Many historians believe that the Battle of Alamance was a turning point in American History and there was a time when it was considered as important as any one other event leading up to the American Revolution. However, it lost that designation and was ignored after the Civil War when the American history books became largely written and published in the northeast and the contributions to American freedom and the revolution were suppressed.
1774: Andrew Smith. Will dd 17 Oct 1774; three years after his son-in-law's execution.
Bequeathed to his daughter Jemima, one Spanish Pestole to her forever, if it should so happen that my Daughter Jemima should become poor and needy in this life I do require my Execs to give her reasonable relief out of my estate. I also give and devise to my daughter Jemima's children that she bear to Benjamin Merrill to wit: Saml, John, Andrew, Wm, Chas, Elijah, and Jonathan Merrill, Anna McCleary and Penelope Merrill to all and each of them severally 50 pounds. ^[15]
1775: Widowed Jemima Smith Merrell married Harmon Butner, 20 Feb 1775 in Rowan County, NC.

Death

Captain Benjamin Merrill was hanged by the British on 19 June 1771 at Hillsboro (Hillsborough), Orange County, N.C. by then Governor Tryon. Found guilty of treason and sentenced to be hanged, drawn and quartered, although in practice, they were only hanged.^[13][2]

The people of' North Carolina will ever feel a keen interest in the life and tragic end of Capt. Benjamin Merrill, This interest is heightened when they call to remembrance the dark, stormy days and years which preceded the Revolutionary Warp and his espousal of the cause of liberty. The people were sorely oppressed by the minions of British power. And when thus wronged, patriotic blood leaped with such pulsations to resent every abuse of such power. They had been wronged and insulted; they had borne and endured, until "forbearance ceased to be a Virtue." Again and again they sought redress of their grievances--peaceably if they could, by military power if they must. Those were brave men who knew nothing of military lifes and but little of the great principles involved, save as they lived in their hearts and heaved in their bosoms. The struggles and trials which led up to the war of the Revolution are fraught with thrilling interest. In these times that tried men's souls is found the history of Benjamin Merrill.^[8]

Buried

Find A Grave: Memorial #14133898 for Benjamin Merrill

Benjamin Merrill Memorial Site

Chapel Hill

Orange County

North Carolina, USA

Will of Jemima Butner

1801: Will of Jemima Butner, Rowan County, North Carolina Will Abstracts N.C.; Rowan Co Will Book C, p.321. 7 May 1801. She made her will, May 7, 1801 and it was proved in February 1803. Her will is recorded in Rowan County Will Book C, page 321, in Salisbury, North Carolina. In the index which lists all the children in the wills, all the children on Jemima Merrill Butner's will are listed as Merrills except Ellen who is listed as Ellen Butner. The following is a copy of the will:
In the name of God Amen! I, Jemima Butner in the County of Rowan and the state of North Carolina, being in perfect mind and memory but weakly in body and calling to mind my mortality, think proper to confirm my intensions by these presents, and in the first place I recommend my soul into the hands of the Almighty God, and my body to be decently buried, at the descretion of my Executors, and as touching such worldly estate as it has pleased God to bless me with, I dispose, devise and give in manner and form following, that is to say,
1. I give and bequeath to my oldest son Samuel Merrill 14 pounds which I paid for the improvement whereon Smith Meril now lives, also twenty seven pounds which I paid in taking up a judgment that was against him, also my sorrel horse, also an equal part of all my moveable property, with the rest of my sons, my negroes except.
2. I give and bequeath to my daughter Nancy my negro woman, Hagar, which is to be valuaded, and John, William and Charles Meril is to have an equal part of the value of said negroe in money; also I give one half of my wearing clothes to my daughter Nancy.
3. I give and bequeath to my daughter Ellien one negro girl named Rose, which is also to be valued and the above John, William and Charles Meril is to have an equal part of her value in money. I also give to my daughter Elline the other half of my wearing clothes.
4. I give and bequeath to my son Andrew Meril my negro boy named James, which is also to be valued and the above John Meril, William and Charles Meril to have an equal part of the value in money, also I give to my son Andrew an equal part of my moveable property, that I do not mention in my will.
5. I give to my son Jonathan Meril, my negro boy named David and he is to pay to my son Charles Meril ten pounds, current money, two years after my decease. I give also to my son Jonathan Meril and equal part with the rest of my sons of my moveable property which is not here mentioned or given.
6. I give to my son Elijah Meril an equal part of my moveable property which is not mentioned in this will.
Lastly, I also appoint, constitute an ordain, my son Andrew Meril and Jonathan Meril whole and sole executors of this my last will and testament, and I do hereby revoke all other wills and testaments, at any time by me made, and in witness whereof I have hereunto set my hand and seal, this 7th day of May, 1801.
Signed, sealed and declared in the presence of Thomas Durham, Azariah Merrell, Test. Jemima X(her mark) Butner^[16]

Sources

1. ↑ ^{1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18} The Merrell Family, From England to Staten Island, New Jersey, The Carolinas ...
2. ↑ ^{2.0 2.1 2.2 2.3} Capt Benjamin Merrill, Created by: Lori Richards. Find A Grave: Memorial #14133898
3. ↑ ^{3.0 3.1 3.2 3.3 3.4} Descendants of Anthony Haden, Kay Haden, 2011.
4. ↑ ^{4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9} Andrew Smith. Will dd 17 Oct 1774.
5. ↑ WorldConnect Database: Relatives and Descendants of Patrick Brogan by Anita Cantrell; Accessed 18 Sep 2006. "A History of the Henry and Hackley Families" by Bessie Henry Page Privately Published about 1935 Page 297-298.
6. ↑ patp.us Abstracts of Wills from the Smith descent.
7. ↑ Benjamin Merrill Sons of Dewitt Colony Texas; 1997-2005, Wallace L. McKeehan, All Rights Reserved
8. ↑ ^{8.0 8.1} Baptists, the Regulators and Capt. Benjamin Merrill, From History of the Liberty Baptist Association by Elder Henry Sheets, 1907, Edwards & Broughton of Raleigh, N.C.
9. ↑ Lutie Andrews McCorkle, "The North Carolina Booklet", Vol III, No. 7, p. 29, 1903
10. ↑ The Colonial Monument Database: Alamance
11. ↑ Alamance County History: Colonial Period
12. ↑ Alamance County History: Revolution
13. ↑ ^{13.0 13.1} Battle of Alamance at Wikipedia.
14. ↑ Colonial Records of N. C., Vol. VIII, p. 643.
15. ↑ patp.us Abstracts of Wills from Smith descent
16. ↑ Rowan Co NC Will Abstracts, Vol. 1 1753-1805 Books A-F; :Jo White Linn, 1970; :Vol II 1805-1850 Books G-K; :1971; :p.32

See also:

• WIkipedia: Benjamin Merrill

• Wikidata: Item Q62000419, en:Wikipedia

• Rowan Co NC Will Abstracts, Vol. 1 1753-1805 Books A-F. Jo White Linn, 1970: Vol II 1805-1850 Books G-K:1971, p.32. B: 179 Mary Wiseman, 28 Dec 1790, prb 1791 Sons: James & William; Dau: Mary Merrell, Rachel Merrell. Dau-in-law Ann Wiseman, Lyde Wiseman [James's Wife]. Grandaus: Elizabeth Merrell, Jane Wiseman. Exr: son James, son-in-law Andrew Marrell. Wit: Jacob Wiseman, Mary Patterson. Kay Haden. Descendants of Anthony Haden, Kay Haden, 2011.
• The Merrell Family, From England to Staten Island, New Jersey, The Carolinas and Mississippi. SONS OF DEWITT COLONY TEXAS, Wallace L. McKeehan. mckstorymerrell.htm
• Baptists, the Regulators and Capt. Benjamin Merrill, From History of the Liberty Baptist Association by Elder Henry Sheets, 1907, Edwards & Broughton of Raleigh, N.C.
• War of Regulation (1766-1771). Copyright © Hugh W. Barnes and Teresa Fortenberry
• The Colonial Records of North Carolina, By William L. Saunders, Secretary of State, Vol. VIII - 1769 tp 1771, pages 654-657.
• Descendants of Anthony Haden, Kay Haden, 2011. website.
• Bob Davidson's research: Richard and William Merrill