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.
[CHAPTER XII.]
Watauga—Haven of Liberty
The Regulators despaired of seeing better times and therefore quitted the Province. It is said 1,500 departed since the Battle of Alamance and to my knowledge a great many more are only waiting to dispose of their plantations in order to follow them.
—Reverend Morgan Edwards, 1772.
The five years (1766-1771) which saw the rise, development, and ultimate defeat of the popular movement known as the Regulation, constitute a period not only of extraordinary significance in North Carolina but also of fruitful consequences in the larger movements of westward expansion. With the resolute intention of having their rulers "give account of their stewardship," to employ their own words, the Sandy Creek Association of Baptists (organized in 1758), in a series of papers known as Regulators' Advertisements (1766-8) proceeded to mature, through popular gatherings, a rough form of initiative and referendum. At length, discouraged in its efforts, and particularly in the attempt to bring county officials to book for charging illegal fees, this association ceased actively to function. It was the precursor of a movement of much more drastic character and formidable proportions, chiefly directed against Colonel Edmund Fanning and his associates. This movement doubtless took its name, "the Regulation," from the bands of men already described who were organized first in North Carolina and later in South Carolina, to put down highwaymen and to correct many abuses in the back country, such as the tyrannies of Scovil and his henchmen. Failing to secure redress of their grievances through legal channels, the Regulators finally made such a powerful demonstration in support of their refusal to pay taxes that Governor William Tryon of North Carolina, in 1768, called out the provincial militia, and by marching with great show of force through the disaffected regions, succeeded temporarily in overawing the people and thus inducing them to pay their assessments. [110]
The suits which had been brought by the Regulators against Edmund Fanning, register, and Francis Nash, clerk, of Orange County, resulted in both being "found guilty of taking too high fees." [111] Fanning immediately resigned his commission as register; while Nash, who in conjunction with Fanning had fairly offered in 1766 to refund to any one aggrieved any fee charged by him which the Superior Court might hold excessive, gave bond for his appearance at the next court. Similar suits for extortion against the three Frohocks in Rowan County in 1769 met with failure, however; and this outcome aroused the bitter resentment of the Regulators, as recorded by Herman Husband in his "Impartial Relation." During this whole period the insurrectionary spirit of the people, who felt themselves deeply aggrieved but recognized their inability to secure redress, took the form of driving local justices from the bench and threatening court officials with violence.