chose one of their number for judge; took up the several eases as they appeared upon the docket, and adjudicated them, making Fanning plead law; and then decided several suits.
As the whole proceedings were intended as a farce, their decisions were perfectly ridiculous, while some of the "remarks" by Yorke were vulgar and profane. **
* Fanning's house was upon the site of the present Masonic Hall, a handsome brick building within a grove on King Street. On the opposite side of the street is his office, too much modernized for a drawing of it to possess any interest. Edmund Fanning was a native of Long Island, New York, son of Colonel Phineas Fanning. He was educated at Yale College, and graduated with honor in 1757. He soon afterward went to North Carolina, and began the profession of a lawyer at Hillsborough, then called Childsborough. In 1760, the degree of L.L.D.'was conferred upon him by his alma mater. In 1763, he was appointed colonel of Orange county, and in 1765 was made clerk of the Superior Court at Hillsborough. He also represented Orange county in the Colonial Legislature. In common with other lawyers, he appears to have exacted exorbitant fees for legal services, and consequently incurred the dislike of the people, which was finally manifested by acts of violence. He accompanied Governor Tryon to New York, in 1771, as his secretary. Governor Marlin asked the Legislature to indemnify Colonel Fanning for his losses; the representatives of the people rebuked the governor for presenting such a petition. In 1776, General Howe gave Fanning the commission of colonel, and he raised and commanded a corps called the Kings American Regiment of Foot. He was afterward appointed to the lucrative office of surveyor general, which he retained until his flight, with other Loyalists, to Nova Scotia, in 1783. In 1786 he was made lieutenant governor of Nova Scotia, and in 1794 he was appointed governor of Prince Edward's Island. He held the latter office about nineteen years, a part of which time he was also a brigadier in the British armv, having received his commission in 1808. He married in Nova Scotia, where some of his family yet reside. General Fanning died in London, in 1818, at the age of about eighty-one years. His widow and two daughters yet (1852) survive. One daughter, Lady Wood, a widow, resides near London with her mother; the other, wife of Captain Bentwick Cumberland, a nephew of Lord Bentwick, resides at Charlotte's Town, New Brunswick. I am indebted to John Fanning Watson, Esq., the Annalist of Philadelphia and New York, for the portrait here given. General Fanning's early career, while in North Carolina, seems not to have given promise of that life of usefulness which he exhibited after leaving Republican America. It has been recorded, it is true, by partisan pens, yet it is said that he often expressed regrets for his indiscreet course at Hillsborough. His after life bore no reproaches, and the Gentlemen's Magazine (1818), when noting his death, remarked, ''The world contained no better man in all the relations of life."
** The fae similes here given of the writing of Fanning and Yorke are copies which I made from the original in the old record book. The first shows the names of parties to the suit entered by Fanning on the record. The mock court, of course, decided in favor of the defendant, Smith, and opposite these names and the record of the verdict, Yorke wrote, with a wretched pen, the sentence here engraved: "Fanning pays cost, but loses nothing." He being clerk of the court, and the lawyer, the costs were payable to himself, and so he lost nothing. Yorke was a man of great personal courage, and when, a few years later, the war of the Revolution was progressing, he became the terror of the Loyalists in that region. An old man on the banks of the Allamance, who knew him well, related to me an instance of his daring. On one occasion, while Cornwallis was marching victoriously through that section, Yorke, while riding on horseback in the neighborhood of the Deep River, was nearly surrounded by a band of Tories. He spurred his horse toward the river, his enemies in hot pursuit. Reaching the bank, he discovered he was upon a cliff almost fifty feet above the stream, and sloping from the top. The Tories were too close to allow him to escape along the margin of the river. Gathering the reins lightly in his hands, he spurred his strong horse over the precipice. The force of the descent was partially broken by the horse striking the smooth sloping surface of the rock, when half way down. Fortunately the water was deep below, and horse and rider, rising to the surface, escaped unhurt. It was a much greater feat than Putnam's at Horse Neck.
Military Expedition against the Regulators.—Bad Treatment of Husband.—Tryon's March to Hillsborough.—His Officers.
Judge Henderson, who was driven from the bench, called upon Tryon to restore order in his district. The governor perceived that a temporizing policy would no longer be expedient, and resolved to employ the military force to subdue the rebellious spirit of the Regulators. He deferred operations, however, until the meeting of the Legislature, in December. Herman Husband was a member of the Lower House, from Orange, and there were others in that body who sympathized with the oppressed people. Various measures were proposed to weaken the strength of the Regulators; and among others, four new counties were formed of portions of Orange, Cumberland, and Johnson. * Finally, when the Legislature was about to adjourn without authorizing a military expedition, information came that the Regulators had assembled in great numbers at Cross Creek (Fayetteville), with the intention of marching upon Newbern, having heard that their representative (Husband) had been imprisoned. ** The Assembly immediately voted two thousand dollars for the use of the governor. The alarmed chief magistrate fortified his palace, and placed the town in a state of defense. He also issued a proclamation,Feb 7, 1771 and orders to the colonels of the counties in the vicinity, to have the militia in readiness. These precautions were unnecessary, for the Regulators, after crossing the Haw, a few miles above Pittsborough, to the number of more than one thousand, met Husband on his way home, and retraced their steps.
The governor soon issued another proclamation, prohibiting the sale of powder, shot, or lead, until further notice. This was to prevent the Regulators supplying themselves with munitions of war. This measure added fuel to the flame of excitement, and finally, the governor becoming again alarmed, he made a virtual declaration of war, through his council. That body authorized him to raise a sufficient force to march into the rebellious districts and establish law and order. The governor issued a circularMarch 18, 1771 to the colonels, ordering them to select fifty volunteers from their respective regiments and send them to Newbern. With about three hundred militia-men, a small train of artillery, some baggage wagons, and several personal friends, Tryon left Newbern on the twenty-fourth of April. On the fourth of May he encamped on the Eno, having been re-enforced by detachments on the way. *** General Hugh Waddel was directed to collect the forces from the western counties, rendezvous at Salisbury, and join the governor in Orange (now Guilford) county. While he was waiting at Salisbury for the arrival of powder from Charleston, a company of men assembled in Cabarras county, blackened their faces, intercepted the convoy with the ammunition, between Charlotte and Salisbury, routed the guard, and destroyed the powder.