USA > North Carolina > History of North Carolina: The Colonial and Revolutionary Periods 1584 1783, Volume I > Part 29
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business of such proceedings. That the officers with rare exceptions were either dishonest or inefficient is indisputable. A large percentage of the taxes collected by them, estimated by Tryon in 1767 at fifty per cent, never found its way into the hands of the public treasurer. In 1770 the sheriffs were in arrears £49,000, some of which extended as far back as 1754. It was reported that at least half of this sum could not be collected from those officials. The arrears of the officers were greatest in Anson, Orange, Johnston, Rowan, Cum- berland, and Dobbs counties. While much of it was due to inefficient methods of accounting, there is no question that the greater part of it can be charged to corruption in office. Sheriffs, clerks, registers, and lawyers were all paid in fees fixed by acts of the Assembly. But these fees were frequently unknown to the people, who were compelled to accept the officers' word for the proper amount. Officers too would gen- erally manage to resolve a service for which a fee was attached into two or more services and collect a fee for each. That such practices were not always technically illegal or corrupt, and that popular rumor frequently exaggerated or misrepre- sented the facts in particular cases, is unquestionably true, but equally true it is that the people had ample ground for complaint which a government properly responsive to popular sentiment would have speedily removed.
But the government was not responsive to popular senti- ment, and it only needed somebody to give voice and direc- tion to the general discontent to set the whole countryside aflame. The three names most conspicuously connected with the agitation which led to the organization of the Regulation are Herman Husband, Rednap Howell, and James Hunter. Husband was a native of Maryland, Howell of New Jersey, and Hunter of Virginia. All three had been caught up in the stream of emigration which flowed from the middle colonies into North Carolina during the middle of the eighteenth cen- tury, and had settled in Orange County. Husband was a Quaker and seems to have been endowed with those qualities of business shrewdness, industry, and thrift charac- teristic of adherents of that sect. Better educated than the people generally among whom he lived, he was fond of read- ing political tracts which he distributed rather extensively among his neighbors. He had some gift of expression which enabled him to set forth in simple and homely fashion the grievances of the people in pamphlets to which he gave a wide circulation. Thus he became pre-eminently the spokesman of
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the people. Twice they elected him to represent them in the General Assembly. Essentially an agitator, he shrank from violence and when the quarrel which he had done so much to bring on reached the point of appeal to arms, either from cowardice as his enemies charged, or from religious scruples as his apologists would have us believe, he abandoned his fol- lowers and rode hurriedly away from the scene of action. Hus- band had a counterpart in Howell. The former was serious, blunt, bitter; the latter, witty, pointed, and genial. Howell, who was an itinerant school teacher, is known as the bard of the Regulation. Endowed with a talent for versification, he celebrated the personal characteristics of the officers, their public conduct, and their rapid rise at the expense of the peo- ple from poverty to affluence. in "ambling epics and jingling ballads" that have not yet lost their lively interest. His keen sarcasm, his well-aimed wit, and his broad humor set the whole back country laughing and singing at the expense of the officers. Of the triumvirate mentioned, James Hunter seems to have been the man of action. He is known as the "gen- eral" of the Regulation. Early associating himself with the movement, upon finding petitions to the governor and appeals to the courts alike ineffective, he advocated resort to forcible measures. Asked to take command at Alamance, he gave a reply which in itself is expressive of the Regulators' own conception of their movement. "We are all free men," he said, "and every man must command himself." After Ala- mance, Husband, Howell, and Hunter were all outlawed and forced to flee from the province. Hunter alone returned. Later, in the contest with the mother country, he joined the Revolutionary party, and rendered good service in the cause of independence.
Except Governor Tryon, the most prominent leader of the opposing forces was Edmund Fanning. A native of New York, after graduating from Yale College in 1757, he studied law and, in 1761, came to Carolina and located at Hillsboro. Although he may not have been as poverty-stricken upon his arrival as Rednap Howell represents, there can be no doubt that he soon "laced his coat with gold." He was the per- sonification of the office-holding class which has already been described, uniting in his own person the offices of assembly- man, register of deeds, judge of the Superior Court, and colo- nel of the militia. One need not think him deserving of all the infamy that has been heaped upon him to understand the sentiments of the people toward him. That he was a man of Vol. I-20
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culture and more than average ability there can be no dispute. To his equals he was kind, hospitable, considerate; to his inferiors, patronizing, supercilious, overbearing. He despised the "common people," and they cordially reciprocated the sentiment. They believed that he had acquired his wealth, which he displayed with great ostentation, "by his civil rob- beries." Although on the evidence he may be fairly acquitted of the charge of deliberate and positive dishonesty, he was unquestionably guilty of abusing his official power and influ- ence for the purpose of perpetuating an oppressive system and obstructing all efforts at reform. He was, indeed, the progenitor of the race of carpetbaggers.
The Regulation was not an isolated event. It was in fact but the culmination of a spirit of restlessness and discontent at existing conditions that had long been abroad in the prov- ince. Evidence of it was seen in the outbreak of violence occa- sioned by the collection of taxes in Anson County and in the riots in the Granville District. In 1765 such riots also broke out among the squatters on the George Selwyn lands in Meck- lenburg County when attempts by Selwyn's agents to survey these lands so that deeds might be issued and quit rents col- lected led to armed resistance in which John Frohock, Abra- ham Alexander, and others were severely beaten by angry settlers and Henry Eustace McCulloh, Selwyn's agent, was threatened with death. Similar conditions prevailed in Gran- ville County. George Sims of Nutbush, Granville County, on June 6, 1765, issued his famous "Nutbush Address," in which he set forth in graphic language, "the most notorious and intolerable abuses" which had crept into the public service in that county. It was not, he said, the "form of Government, nor yet the body of our laws, that we are quarreling with, but with the malpractices of the Officers of our County Courts, and the abuses which we suffer by those empowered to man- age our public affairs." Extortionate fees and oppressive methods of collecting fees and taxes formed the burden of his complaint. He called upon the people to meet for a discussion of reform, but the only result of his appeal was a petition to the Assembly for redress of grievances which was stillborn.
The failure of the movement in Granville was probably due to lack of organization. Organized opposition to the in- equalities in the law and malpractices in its administration began in Orange County. At the August term, 1766, of the County Court at Hillsboro, a group of Sandy Creek men, inspired by the success of the Sons of Liberty in resisting the
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Stamp Act, issued an address calling upon the people to send delegates to a meeting at Maddock's Mill to inquire "whether the free men of this county labor under any abuses of power or not." The address was read in open court and the officers present, acknowledging that it was reasonable, promised to attend the meeting. On October 10, twelve delegates appeared, but no officers. Apparently under the influence of Edmund Fanning, who denounced the meeting as an insurrection, they had repented of their promise and sent a messenger to say that they would not attend because the meeting claimed au- thority to call them to an account. The delegates, therefore, were compelled to content themselves with a proposal that the people hold such a meeting annually to discuss the qualifica- tions of candidates for the Assembly, to inform their repre- sentatives of their wishes, and to investigate the official acts of public officers. But public office-holders in 1766 did not acknowledge their responsibility to the people. Accordingly they threw all of their personal and official influence against the proposal, and the Sandy Creek men, discouraged at the lack of popular interest and support, abandoned their project.
Though the agitation continued, no further organized op- position was attempted until the spring of 1768. Almost simultaneously a report reached Hillsboro that the Assembly had given the governor £15,000 for a "Palace" and the sheriff posted notices that he would receive taxes only at five speci- fied places and if required to go elsewhere he would distrain at a cost of 2s. 8d. for each distress. The coincidence caused wide comment. The people declared they would not pay the tax for the Palace. They denounced the sheriff's purpose as a violation of the law and determined to resist it. Accordingly they organized themselves into an association, which they later called "The Regulation," in which they agreed: (1) to pay no more taxes until satisfied that they were according to law and lawfully applied; (2) to pay no fees greater than pro- vided by law; (3) to attend meetings of the Regulators as often as possible; (4) to contribute, each man according to his ability, to the expenses of the organization; and (5) in all mat- ters to abide by the will of the majority. They sent to the officers a notice in which they demanded a strict accounting and declared that "as the nature of an officer is a servant of the publick, we are determined to have the officers of this county under a better and honester regulation than they have been for some time past." This formidable pronunciamento was received by the officers with an outburst of indignation.
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Fanning denounced the people for attempting to arraign the officers before "the bar of their shallow understanding" and charged them with desiring to set themselves. up as the "sove- reign arbiters of right and wrong."
The officers seem not to have appreciated the gravity of the situation; or else they desired to put the resolution of the Regulators to a test. No other explanation seems possible for their blunder, when the situation was acutest, in seizing a Regulator's horse, saddle, and bridle and selling them for taxes. A storm of popular fury greeted this challenge. The Regulators rode into Hillsboro, overawed the officers, rescued their comrade's property, and as evidence of their temper fired several shots into Fanning's house. When this affair was reported to Fanning, who was absent attending court at Halifax, he promptly ordered the arrest of William Butler, Peter Craven, and Ninian Bell Hamilton, called out seven companies of the Orange militia, and hurried to Hillsboro to take command. Immediately upon his arrival he reported the situation and his own actions to Tryon and asked for author- ity to call out the militia of other counties if it became neces- sary. The governor, who quite properly accepted his subor- dinate's report at its face value, acted with his accustomed vigor. He authorized Fanning to use the Orange militia to suppress the insurrection, ordered the militia of Bute, Hali- fax, Granville, Rowan, Mecklenburg, Anson, Cumberland, and Johnston counties to be in readiness to respond to Fanning's call, sent a proclamation to be read to the people, and offered to go himself to the scene of action if Fanning desired his presence. The Council, declaring the Regulators guilty of insurrection, approved these actions of the governor.
In the meantime the officers, alarmed at the storm they had raised, offered to meet the Regulators and adjust their dif- ferences. To Fanning they explained their offer as a subter- fuge to gain time. The Regulators on the contrary accepted it in good faith and immediately made preparations for the meeting. They appointed a committee to collect data relat- ing to the taxes and fees and required its members to take an oath to do justice between the officers and the people to the best of their ability. Fanning was determined to prevent any such meeting. While the Regulators were making their prep- arations, he collected a band of armed men and swooping down upon Sandy Creek, arrested Butler and Husband on a charge of inciting to rebellion and hurried them off to prison at Hills- boro. At this high-handed act 700 men, many of whom were
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NORTH CAROLINA
guns and marched on Hillsboro was now the officers' turn to be- w open the prison doors, released them off to turn back the mob. Edwards, the governor's private people in the name of the gov- ceably disperse, go home quietly, the proper manner, the governor ne them. Since this promise was plans, which had been interrupted d Butler, the Regulators accepted ing's opposition, they appointed their case and laid it before the diated the promise of his secre- xceeded his authority, refused to an organization, demanded that nd expressed his hearty approval he same time he stated for the le amount of poll tax due for the ie a proclamation forbidding the and ordered the attorney-general rged in due form with extortion. ent to Hillsboro in the hopes that to submit to the laws. While he net to consider his reply to their it his proclamation forbidding the ad no effect, and they had decided n order to strengthen his hands. and several communications, both d between the governor and the em he told the Regulators that he justice and as evidence of it he had ordered the attorney-general to institute prosecutions against officers charged with extortion, one of whom was Colo- nel Fanning himself. In a letter written by the governor and approved by the Council, August 13, and sent to a meeting of the Regulators, August 17, appears the key to the explanation of the differences between the governor and the Regulators. The latter, either from distrust of the courts or ignorance of the law, expected the governor to give evidence of his sincerity by summary proceedings against the offending officials; the governor on the contrary knew that he could move only through the courts and that every step must be in due legal form. "By your letter delivered to me the 5th instant
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Fanning denounced the people for officers before "the bar of their s' charged them with desiring to set reign arbiters of right and wrong.
The officers seem not to have the situation; or else they desired Regulators to a test. No other ex] their blunder, when the situation Regulator's horse, saddle, and b taxes. A storm of popular fury £ Regulators rode into Hillsboro, ov their comrade's property, and as fired several shots into Fanning'; was reported to Fanning, who wa Halifax, he promptly ordered the Peter Craven, and Ninian Bell ] companies of the Orange militia, ¿ take command. Immediately upon ' situation and his own actions to T ity to call out the militia of other sary. The governor, who quite pi dinate's report at its face value, vigor. He authorized Fanning to suppress the insurrection, ordered fax, Granville, Rowan, Mecklenbur Johnston counties to be in readines call, sent a proclamation to be read to go himself to the scene of acti presence. The Council, declaring insurrection, approved these action
In the meantime the officers, alai raised, offered to meet the Regula ferences. To Fanning they explained their offer as a subter- fuge to gain time. The Regulators on the contrary accepted it in good faith and immediately made preparations for the meeting. They appointed a committee to collect data relat- ing to the taxes and fees and required its members to take an oath to do justice between the officers and the people to the best of their ability. Fanning was determined to prevent any such meeting. While the Regulators were making their prep- arations, he collected a band of armed men and swooping down upon Sandy Creek, arrested Butler and Husband on a charge of inciting to rebellion and hurried them off to prison at Hills- boro. At this high-handed act 700 men, many of whom were
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not Regulators, seized their guns and marched on Hillsboro to rescue the prisoners. It was now the officers' turn to be- come frightened. They threw open the prison doors, released their captives, and hurried them off to turn back the mob. Along with them went Isaac Edwards, the governor's private secretary, who promised the people in the name of the gov- ernor that if they would peaceably disperse, go home quietly, and petition the governor in the proper manner, the governor would see that justice was done them. Since this promise was exactly in line with their own plans, which had been interrupted by the arrest of Husband and Butler, the Regulators accepted it gladly. In spite of Fanning's opposition, they appointed a committee which prepared their case and laid it before the governor. But Tryon repudiated the promise of his secre- tary, saying Edwards had exceeded his authority, refused to deal with the Regulators as an organization, demanded that they immediately disband, and expressed his hearty approval of Fanning's course. At the same time he stated for the information of the people the amount of poll tax due for the year 1767, promised to issue a proclamation forbidding the officers' taking illegal fees, and ordered the attorney-general to prosecute any officer charged in due form with extortion.
In July, 1768, Tryon went to Hillsboro in the hopes that he might induce the people to submit to the laws. While he was there, the Regulators met to consider his reply to their petition. They told him that his proclamation forbidding the taking of illegal fees had had no effect, and they had decided to petition the Assembly in order to strengthen his hands. Other meetings were held and several communications, both verbal and written, passed between the governor and the Regulators. In one of them he told the Regulators that he was ever ready to do them justice and as evidence of it he had ordered the attorney-general to institute prosecutions against officers charged with extortion, one of whom was Colo- nel Fanning himself. In a letter written by the governor and approved by the Council, August 13, and sent to a meeting of the Regulators, August 17, appears the key to the explanation of the differences between the governor and the Regulators. The latter, either from distrust of the courts or ignorance of the law, expected the governor to give evidence of his sincerity by summary proceedings against the offending officials: the governor on the contrary knew that he could move only through the courts and that every step must be in due legal form. "By your letter delivered to me the 5th instant
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*" he wrote, "I have the mortification to find the friendly aid I offered to correct the abuses in public offices (which it was my duty to tender) [is] considered by you insuf- ficient. The force of the proclamation was to caution public officers against and to prevent as much as possible extortion : It is the province of the Courts of Law to Judge and punish the Extortioner." At the same time he took them to task for their unwillingness to wait upon legal process against those whom they charged with abusing their public trust.
One of Tryon's purposes in going to Hillsboro was to secure protection for the Superior Court when it met in Sep- tember to try Husband and Butler. Such protection could be secured either by obtaining from the leaders of the Regulators a bond that no attempt at rescue would be made, or other insult offered the court; or by calling out the militia. Tryon preferred the first of these alternatives, since it would save the province a considerable expense, but the Regulators for very good reasons refused to give it. The governor, therefore, in the exercise of a wise precaution called out the militia. Some difficulty was encountered in enrolling a sufficient force since most of the people of the surrounding counties were tainted with Regulating principles, but Tryon tactfully won over the leading preachers of the Lutherans, Presbyterians, and Baptists and largely through their influence secured 195 men from Rowan, 310 from Mecklenburg, 126 from Granville, and 699 from Orange. Two small independent companies, an artillery company, and the general officers brought the force up to 1,461 men. It was one of the most remarkable organiza- tions in military history. More than one-fifth of the entire force were commissioned officers. They included six lieuten- ant-generals, two major-generals, three adjutant-generals, seven colonels, five lieutenant-colonels, and many majors, cap- tains, aids-de-camp, and minor officers. Characteristically enough, Edmund Fanning, who was to be tried for extortion by the court which this imposing array was called out to pro- tect, and Maurice Moore, who was to sit as an associate justice of the court, were both colonels in active command. Most of the high officers were councilmen, representatives, justices, or holders of other political offices. At a council of war held in Hillsboro, attended by no officer of lower rank than major, thirty-four members were present, of whom six were members of the Council, eighteen of the Assembly. "Thus," comments Dr. Bassett, "to guard the Superior Court a military force was called out which embraced, either as high officers or as
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gentlemen volunteers, one-fourth of the members of that body [the Assembly] to which the Regulators had decided to ap- peal. The above contrast indicates how completely the forces of central and local government, both civil and military, were in the hands of a small office-holding class, which was dis- tributed throughout the counties. As we contemplate such a state of affairs we are struck with the fact that nothing short of a popular upheaval could have brought redress to the Regulators." 1
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