Captain Benjamin Merrill, of the
fourth generation, the second son of William and Penelope Stout Jewell Merrill,
was a patriot who gave his life for the cause of freedom in America. He was born about 1731, died June 19, 1771
and was married to Jemima Smith.
This family resided in North Carolina, where colonists were especially outspoken
in their resentment toward unjust taxation imposed by England. A state of hostility existed for years before
the Revolutionary War was actually declared.
In fact, as early as May 16, 1771, a battle was fought between well
armed soldiers under the command of the colonial governor, William Tyson and so
called disloyal colonists, many of whom were unarmed. Historians have given little attention to
this incident, which ended in victory for the loyalist forces and the capture
of several who resisted them. Other
colonists were arrested for their open criticism of the Crown. Of twelve who were tried and convicted of
treason, six were executed June 19, 1771.
One of these six was Captain
Benjamin Merrill. His sentence as handed
down by the Chief Justice is quoted here:
“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
yet 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 on your soul.”
On being permitted to speak, just
prior to the execution, Benjamin Merrill asked that Governor Tyson be
petitioned to spare some part of his estate to his widow and fatherless
children. This request was actually
granted and Jemima Smith Merrill and her children continued to live on the well
cultivated plantation.
