CHAPTER XI.

The Regulators

It is not a persons labour, nor yet his effects that will do, but if he

has but one horse to plow with, one bed to lie on, or one cow to give a

little milk for his children, they must all go to raise money which is

not to be had. And lastly if his personal estate (sold at one tenth of

its value) will not do, then his lands (which perhaps has cost him many

years of toil and labour) must go the same way to satisfy these cursed

hungry caterpillars, that are eating and will eat out the bowels of our

Commonwealth, if they be not pulled down from their nests in a very

short time.

--George Sims: A Serious Address to the Inhabitants of Granville County,

containing an Account of our deplorable Situation we suffer ... and some

necessary Hints with Respect to a Reformation. June 6, 1765.

It is highly probable that even at the time of his earlier explorations

in behalf of Richard Henderson and Company, Daniel Boone anticipated

speedy removal to the West. Indeed, in the very year of his first tour

in their interest, Daniel and his wife Rebeckah sold all their property

in North Carolina, consisting of their home and six hundred and forty

acres of land, and after several removals established themselves upon

the upper Yadkin. This removal and the later western explorations just

outlined were due not merely to the spirit of adventure and discovery.

Three other causes also were at work. In the first place there was the

scarcity of game. For fifteen years the shipments of deerskins from

Bethabara to Charleston steadily increased; and the number of skins

bought by Gammern, the Moravian storekeeper, ran so high that in spite

of the large purchases made at the store by the hunters he would

sometimes run entirely out of money. Tireless in the chase, the

far-roaming Boone was among "the hunters, who brought in their skins

from as far away as the Indian lands"; and the beautiful upland pastures

and mountain forests, still teeming with deer and bear, doubtless lured

him to the upper Yadkin, where for a time in the immediate neighborhood

of his home abundance of game fell before his unerring rifle. Certainly

the deer and other game, which were being killed in enormous numbers to

satisfy the insatiable demand of the traders at Salisbury, the Forks,

and Bethabara, became scarcer and scarcer; and the wild game that was

left gradually fled to the westward. Terrible indeed was the havoc

wrought among the elk; and it was reported that the last elk was killed

in western North Carolina as early as 1781.

Another grave evil of the time with which Boone had to cope in the back

country of North Carolina was the growth of undisguised outlawry,

similar to that found on the western plains of a later era. This

ruthless brigandage arose as the result of the unsettled state of the

country and the exposed condition of the settlements due to the Indian

alarms. When rude borderers, demoralized by the enforced idleness

attendant upon fort life during the dark days of Indian invasion,

sallied forth upon forays against the Indians, they found much valuable

property--horses, cattle, and stock--left by their owners when hurriedly

fleeing to the protection of the frontier stockades. The temptations

thus afforded were too great to resist; and the wilder spirits of the

backwoods, with hazy notions of private rights, seized the property

which they found, slaughtered the cattle, sold the horses, and

appropriated to their own use the temporarily abandoned household goods

and plantation tools. The stealing of horses, which were needed for the

cultivation of the soil and useful for quickly carrying unknown thieves

beyond the reach of the owner and the law, became a common practice; and

was carried on by bands of outlaws living remote from one another and

acting in collusive concert.

Toward the end of July, 1755, when the Indian outrages upon the New

River settlements in Virginia had frightened away all the families at

the Town Fork in the Yadkin country, William Owen, a man of Welsh stock,

who had settled in the spring of 1752 in the upper Yadkin near the

Mulberry Fields, was suspected of having robbed the storekeeper on the

Meho. Not long afterward a band of outlaws who plundered the exposed

cabins in their owners' absence, erected a rude fort in the mountain

region in the rear of the Yadkin settlements, where they stored their

ill-gotten plunder and made themselves secure from attack. Other members

of the band dwelt in the settlements, where they concealed their robber

friends by day and aided them by night in their nefarious projects of

theft and rapine.

The entire community was finally aroused by the bold depredations of the

outlaws; and the most worthy settlers of the Yadkin country organized

under the name of Regulators to break up the outlaw band. When it was

discovered that Owen, who was well known at Bethabara, had allied

himself with the highwaymen, one of the justices summoned one hundred

men; and seventy, who answered the call, set forth on December 26, 1755,

to seek out the outlaws and to destroy their fortress. Emboldened by

their success, the latter upon one occasion had carried off a young girl

of the settlements. Daniel Boone placed himself at the head of one of

the parties, which included the young girl's father, to go to her

rescue; and they fortunately succeeded in effecting the release of the

frightened maiden. One of the robbers was apprehended and brought to

Salisbury, where he was thrown into prison for his crimes. Meanwhile a

large amount of plunder had been discovered at the house of one

Cornelius Howard; and the evidences of his guilt so multiplied against

him that he finally confessed his connection with the outlaw band and

agreed to point out their fort in the mountains.

Daniel Boone and George Boone joined the party of seventy men, sent out

by the colonial authorities, under the guidance of Howard, to attack the

stronghold of the bandits. Boone afterward related that the robbers'

fort was situated in the most fitly chosen place for such a purpose that

he could imagine--beneath an overhanging cliff of rock, with a large

natural chimney, and a considerable area in front well stockaded. The

frontiersmen surrounded the fort, captured five women and eleven

children, and then burned the fort to the ground. Owen and his wife,

Cumberland, and several others were ultimately made prisoners; but

Harman and the remainder of the band escaped by flight. Owen and his

fellow captives were then borne to Salisbury, incarcerated in the prison

there, and finally (May, 1756) condemned to the gallows. Owen sent word

to the Moravians, petitioning them to adopt his two boys and to

apprentice one to a tailor, the other to a carpenter. But so infuriated

was Owen's wife by Howard's treachery that she branded him as a second

Judas; and this at once fixed upon him the sobriquet "Judas" Howard--a

sobriquet he did not live long to bear, for about a year later he was

ambushed and shot from his horse at the crossing of a stream. He thus

paid the penalty of his betrayal of the outlaw band. For a number of

years, the Regulators continued to wage war against the remaining

outlaws, who from time to time committed murders as well as thefts. As

late as January, 1768, the Regulators caught a horse thief in the

Hollows of Surry County and brought him to Bethabara, whence Richter and

Spach took him to the jail at Salisbury. After this year, the outlaws

were heard of no more; and peace reigned in the settlements.

Colonel Edmund Fanning--of whom more anon--declared that the Regulation

began in Anson County which bordered upon South Carolina. [105] Certain

it is that the upper country of that province was kept in an uproar by

civil disturbances during this early period. Owing to the absence of

courts in this section, so remote from Charleston, the inhabitants found

it necessary, for the protection of property and the punishment of

outlaws, to form an association called, like the North Carolina society,

the Regulation. Against this association the horse thieves and other

criminals made common cause, and received tacit support from certain

more reputable persons who condemned "the irregularity of the

Regulators." The Regulation which had been thus organized in upper South

Carolina as early as 1764 led to tumultuous risings of the settlers; and

finally in the effort to suppress these disorders, the governor, Lord

Charles Montagu, appointed one Scovil, an utterly unworthy

representative, to carry out his commands. After various disorders,

which became ever more unendurable to the law-abiding, matters came to a

crisis (1769) as the result of the high-handed proceedings of Scovil,

who promiscuously seized and flung into prison all the Regulators he

could lay hands on. In the month of March the back country rose in

revolt against Scovil and a strong body of the settlers was on the point

of attacking the force under his command when an eleventh-hour letter

arrived from Montagu, dismissing Scovil from office. Thus was happily

averted, by the narrowest of margins, a threatened precursor of the

fight at Alamance in 1771 (see Chapter XII). As the result of the

petition of the Calhouns and others, courts were established in 1760,

though not opened until four years later. Many horse thieves were

apprehended, tried, and punished. Justice once more held full sway.

Another important cause for Boone's removal from the neighborhood of

Salisbury into the mountain fastnesses was the oppressive administration

of the law by corrupt sheriffs, clerks, and tax-gatherers, and the

dissatisfaction of the frontier squatters with the owners of the soil.

At the close of the year 1764 reports reached the town of Wilmington,

after the adjournment of the assembly in November, of serious

disturbances in Orange County, due, it was alleged, to the exorbitant

exactions of the clerks, registers, and some of the attorneys. [106] As

a result of this disturbing news, Governor Dobbs issued a proclamation

forbidding any officer to take illegal fees. Troubles had been brewing

in the adjacent county of Granville ever since the outbreak of the

citizens against Francis Corbin, Lord Granville's agent (January 24,

1759), and the issuance of the petition of Reuben Searcy and others

(March 23d) protesting against the alleged excessive fees taken and

injustices practised by Robert (Robin) Jones, the famous lawyer. These

disturbances were cumulative in their effect; and the people at last

(1765) found in George Sims, of Granville, a fit spokesman of their

cause and a doughty champion of popular rights. In his "Serious Address

to the Inhabitants of Granville County, containing an Account of our

deplorable Situation we suffer ... and some necessary Hints with Respect

to a Reformation," recently brought to light, he presents a crushing

indictment of the clerk of the county court, Samuel Benton, the

grandfather of Thomas Hart Benton. After describing in detail the system

of semi-peonage created by the merciless exactions of lawyers and petty

court officials, and the insatiable greed of "these cursed hungry

caterpillars," Sims with rude eloquence calls upon the people to pull

them down from their nests for the salvation of the Commonwealth. [107]

Other abuses were also recorded. So exorbitant was the charge for a

marriage-license, for instance, that an early chronicler records: "The

consequence was that some of the inhabitants on the head-waters of the

Yadkin took a short cut. They took each other for better or for worse;

and considered themselves as married without further ceremony." The

extraordinary scarcity of currency throughout the colony, especially in

the back country, was another great hardship and a perpetual source of

vexation. All these conditions gradually became intolerable to the

uncultured but free-spirited men of the back country. Events were slowly

converging toward a crisis in government and society. Independent in

spirit, turbulent in action, the backwoodsmen revolted not only against

excessive taxes, dishonest sheriffs, and extortionate fees, but also

against the rapacious practices of the agents of Lord Granville. These

agents industriously picked flaws in the titles to the lands in

Granville's proprietary upon which the poorer settlers were seated; and

compelled them to pay for the land if they had not already done so, or

else to pay the fees twice over and take out a new patent as the only

remedy of the alleged defect in their titles. In Mecklenburg County the

spirit of backwoods revolt flamed out in protest against the proprietary

agents. Acting under instructions to survey and close bargains for the

lands or else to eject those who held them, Henry Eustace McCulloh, in

February, 1765, went into the county to call a reckoning. The settlers,

many of whom had located without deeds, indignantly retorted by offering

to buy only at their own prices, and forbade the surveyors to lay out

the holdings when this smaller price was declined. They not only

terrorized into acquiescence those among them who were willing to pay

the amount charged for the lands, but also openly declared that they

would resist by force any sheriff in ejectment proceedings. On May 7th

an outbreak occurred; and a mob, led by Thomas Polk, set upon John

Frohock, Abraham Alexander, and others, as they were about to survey a

parcel of land, and gave them a severe thrashing, even threatening the

young McCulloh with death. [108]

The choleric backwoodsmen, instinctively in agreement with Francis

Bacon, considered revenge as a sort of wild justice. Especial objects of

their animosity were the brothers Frohock, John and Thomas, the latter

clerk of the court at Salisbury, and Edmund Fanning, a cultured

gentleman-adventurer, associate justice of the superior court. So

rapacious and extortionate were these vultures of the courts who preyed

upon the vitals of the common people, that they were savagely lampooned

by Rednap Howell, the backwoods poet-laureate of the Regulation. The

temper of the back country is well caught in Howell's lines anent this

early American "grafter," the favorite of the royal governor:

When Fanning first to Orange came,

He looked both pale and wan;

An old patched coat was on his back,

An old mare he rode on.

Both man and mare wan't worth five pounds,

As I've been often told;

But by his civil robberies,

He's laced his coat with gold. [109]

The germs of the great westward migration in the coming decade were thus

working among the people of the back country. If the tense nervous

energy of the American people is the transmitted characteristic of the

border settlers, who often slept with loaded rifle in hand in grim

expectation of being awakened by the hideous yells, the deadly tomahawk,

and the lurid firebrand of the savage, the very buoyancy of the national

character is in equal measure "traceable to the free democracy founded

on a freehold inheritance of land." The desire for free land was the

fundamental factor in the development of the American democracy. No

colony exhibited this tendency more signally than did North Carolina in

the turbulent days of the Regulation. The North Carolina frontiersmen

resented the obligation to pay quit-rents and firmly believed that the

first occupant of the soil had an indefeasible right to the land which

he had won with his rifle and rendered productive by the implements of

toil. Preferring the dangers of the free wilderness to the paying of

tribute to absentee landlords and officials of an intolerant colonial

government, the frontiersman found title in his trusty rifle rather than

in a piece of parchment, and was prone to pay his obligations to the

owner of the soil in lead rather than in gold.

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