In May, 1795, in the county of St. Clair in the Illinois country, two Indians were murdered while they were in the custody of the sheriff who was conveying them to jail upon warrant. An effort was made to bring the murderers to justice, but although “the most positive evidence was adduced to the grand jury against two persons, inhabitants of the county of St. Clair, that the murder was committed by them,” no bill of indictment was found against them. Three attempts were made to secure an indictment from the grand jury, all of which were unsuccessful. Referring to another instance where Indians were murdered by whites, which occurred at about the same time but the circumstances of which were “not only not blameable but laudable,” Governor St. Clair wrote, in his report to the Secretary of State, “had the affair been ever so criminal in its nature, it would have been, I believe, impossible to have brought the actors to punishment.”[[71]]
In several respects there is a resemblance between the means which were employed by the early settlers for protection against Indian depredators and the methods which have been adopted in more recent years for the punishment of public offenders. In their purpose, in their organization, and in their summary infliction of the death penalty, the Rangers were not unlike the vigilance committees which have been closely identified with the later operation of the frontier type of lynch-law. In breaking open jails, and, as in Lancaster, Pennsylvania, in massacring inmates against whom there was a strong popular resentment, or, as in Portsmouth, New Hampshire, in liberating prisoners whose criminal conduct was generally justified in the community, there appear some of the distinctive features which have marked the later operation of lynch-law in well settled communities. It is also probably true that the antagonistic relations which existed between the whites and the Indians during the early history of this country directly encouraged a popular disregard of all legal procedure on the part of the whites when dealing with Indians. But the use of summary measures against Indians and the attendant occurrences can scarcely be said to mark the beginning of the operation of lynch-law in America. The meaning which was at first attached to the term Lynch’s law and the nature of the practice which first came to be known by that name preclude such a beginning for the practice. Lynch’s law originally corresponded much more closely to what was known as “regulating,” a practice which was early adopted not only where the frontier type of society existed, but also where there was the stable and better organized form of society characteristic of older communities.
The following appeared in the New York Gazette of December 18, 1752: “We hear from Elizabeth-Town, that an odd Sect of People have lately appeared there, who go under the Denomination of Regulars: there are near a Dozen of them, who dress themselves in Women’s Cloaths, and painting their Faces, go in the Evening to the Houses of such as are reported to have beat their Wives: where one of them entering in first, seizes the Delinquent, whilst the rest follow, strip him, turn up his Posteriors and flog him with Rods most severely, crying out all the Time, Wo to the Men that beat their Wives:—It seems that several Persons in that Borough, (and ’tis said some very deservedly) have undergone the Discipline, to the no small Terror of others, who are in any Way conscious of deserving the same Punishment. ’Twere to be wish’d, that in order for the more equal Distribution of Justice, there wou’d arise another Sect, under the Title of Regulatrixes who should dress themselves in Mens Cloathes, and flagilate the Posteriors of the Scolds, Termagants, &c., &c.”[[72]]
In a letter dated December 7, 1753, “Prudence Goodwife,” after relating how her husband beats and maltreats her, writes as follows: “My Case being happily nois’d abroad, induced several generous young Men to discipline him. These young Persons do stile, or are stiled, Regulators: and so they are with Propriety: for they have regulated my dear Husband, and the rest of the bad Ones hereabouts, that they are afraid of using such Barbarity; and I must with Pleasure acknowledge, that since my Husband has felt what whipping was, he has entirely left off whipping me, and promises faithfully he will never begin again. Tho’ there are some that are afraid of whipping their Wives, for fear of dancing the same Jigg; yet I understand, they are not afraid of making Application, in order to have those dear Regulators indicted; and if they should it might discourage them for the future, to appear to the Assistance of the Innocent and Helpless; and then poor Wives who have the unhappiness to be lockt in Wedlock with bad Husbands, take care of your tender Hides; for you may depend upon being bang’d without Mercy.”[[73]]
These may be regarded as sporadic cases of “regulating,” as illustrations of the kind of “regulating” which is found in a stable and well organized form of society. They are instances of the infliction of summary corporal punishment upon individuals for whose punishment under the law little tangible evidence can be adduced, and the nature of whose offense is such that legal penalties are popularly believed to be inapplicable.
In North Carolina, from 1765 to 1771, under frontier conditions combined with political dissension, “regulation” assumed a well-organized form and gained considerable strength.[[74]] The movement was inaugurated in the north-central part of the province to resist what was considered oppressive exactions laid by government officials. Specifically, the grievances were excessive taxes, dishonest sheriffs, and extortionate fees. A meeting “to inquire into the abuse of power and take proper measures for amendment” was held at Maddock’s mill on October 10, 1766, and several resolutions were drafted and adopted.[[75]] Nothing was done by the authorities to alleviate the grievances, however, and a general meeting was held on April 4, 1768, at which the organization into a body of Regulators was perfected. An agreement was drawn up and the members bound themselves by oath to its observance. This agreement reads as follows:
“We the subscribers do voluntarily agree to form ourselves into an association, to assemble ourselves for conference for regulating public grievances and abuses of power, in the following particulars, with others of the like nature that may occur.
“1. That we will pay no more taxes until we are satisfied they are agreeable to law, and applied to the purposes therein mentioned; unless we cannot help it, or are forced.
“2. That we will pay no officer any more fees than the law allows, unless we are obliged to it; and then to show our dislike, and bear an open testimony against it.
“3. That we will attend our meetings of conference as often as we conveniently can, and is necessary, in order to consult our representatives on the amendment of such laws as may be found grievous or unnecessary; and to choose more suitable men than we have done heretofore for burgesses and vestrymen; and to petition the houses of assembly, governor, council, king and parliament, &c., for redress in such grievances as in the course of the undertaking may occur; and to inform one another, learn, know, and enjoy all the privileges and liberties that are allowed and were settled on us by our worthy ancestors, the founders of our present constitution, in order to preserve it on its ancient foundation, that it may stand firm and unshaken.