The Boy Spies with the Regulators

Half an hour later we of the Regulation were in something approaching a military formation, with our horses tethered just in the rear where we might be able to get at them without loss of time, and then came the most trying moment of all-waiting for Governor Tryon to show how far he dared to go in opposition to the law and the rights of the people.

The square around the court-house was black with citizens awaiting an opportunity to enter the building. In the midst of this mass could be seen two files of soldiers standing shoulder to shoulder in order to keep open a passage for the officers and witnesses, and a short distance away were the governor's troops under arms in case it should please our oppressor to order an attack upon the helpless throng.

CHAPTER XI

THE TRIAL

Now the trial was so near at hand – when in a few hours we should know beyond a peradventure to what lengths Tryon would go in his villainy towards the people of the Carolinas we no longer discussed the possibilities of the near future.

If Masters Husband and William Hunter were set free, as indeed could be the only just verdict of the judges, and if Fanning was convicted of having extorted money from the people without even the color of the law to sustain him, then would our colony be peaceful; but I question if one among all those horsemen who awaited the signal to disperse quietly or to ride to their deaths, believed that justice would triumph.

Even two lads like Sidney and myself understood that the governor would deny us our rights, and the thoughts of what might come to those we loved before the sun had disappeared behind the hills, rendered us dumb.

I did not see any of the gentlemen conversing. I threw myself at full length on the grass close by Sidney's side, and would hardly have heard him had he spoken.

My eyes were fixed upon the court-house, surrounded as it was by that vast throng of people, and I noted every movement, however slight.

When the judges and the officers of the court marched through the lane formed by the weapons of the soldiers, I saw them plainly, and could almost imagine that the voice of the sheriff rang in my ears as he uttered the words which opened the sitting.

My father and four other Regulators had gone into town in order to give evidence against Fanning, and to combat the charge of "riotous conduct" which had been preferred against our friends.

All the other gentlemen of our company remained on the hillside, save Master Hamilton, who stood on the highest point in the encampment where he might see any signal which our people should give.

The forenoon passed, and I remained like one in a stupor. The noon hour went by, and I had no sensation of hunger. Some of our companions ate; but they were the ones known to be lukewarm to the cause.

As I came afterward to know, it was near about two o'clock in the afternoon when a low hoarse murmur which was like unto nothing save the growl of an enraged beast sounded on our ears. It rose louder and louder, gathering in angry menace each instant, until it was of such volume, that one could hardly have heard a peal of thunder above it, and then we knew full well that Governor Tryon had trampled all the laws under his foot – that it was our duty to become rebels in fact, by rushing upon the villainous representative of the king and cutting him down.

Then came one from the town running at full speed, and when having come near enough to make his voice heard, he shouted:

"Master Husband has been acquitted; but both William and James Hunter and Master Hamilton have been adjudged guilty, and are fined one thousand pounds each, in addition to imprisonment for six months!"

"But James Hunter and Master Hamilton had not been even charged with crime!" one of the Regulators cried, doubting the truth of the news.

"Very true; yet they were tried just the same. Master James Hunter was taken into custody as he entered the court-room to give evidence against Fanning, and a warrant is already issued for Master Hamilton," the messenger added.

Then Sidney shouted:

"What about Fanning? Has he been acquitted?"

"It is much the same. He was tried on seven counts for extortion, found guilty, and sentenced to pay one penny on each indictment. Seven pence to be paid by the rascally lawyer, and one thousand pounds each by the Hunters and Master Hamilton!"

"And the people?" Master Howell demanded. "What do they say?"

"You can hear for yourself," the man replied, forced to shout even though he stood close beside us by this time, because of the tumult in the vicinity of the court-house. "Before the trial had come to an end the building was filled with soldiers, while the remainder of the governor's force encircled it. If a fight is begun our friends will be shot down by hundreds, with no opportunity to strike a blow save with their bare fists."

Without waiting for the word of command every Regulator mounted his horse, and all of us waited for the signal from our commander, who had drawn near to hear the report made by the messenger.

He stood with his chin on his breast like one stunned, neither looking up nor speaking, while the cries from the opposite side of the river increased in fury each instant.

"Are we to sit here while our friends are imprisoned without cause?" a horseman near me asked angrily, and Master Hamilton raised his head as if to make reply, when some one shouted:

"Here comes Master Husband! They have set him free!"

The man who had been in jail nearly six months for having dared to say that Tryon had no authority to levy a tax to build himself a palace, could be seen walking rapidly toward the ford, and all understood that nothing would be done by us until he arrived.

Master Hamilton rode down to meet him, and the two remained in private converse five minutes or more before coming up to where we awaited them with the utmost impatience.

Then it was that our commander spoke:

"Gentlemen, it is our duty to prevent the people of upper Carolina from beginning a conflict with the king's troops. We must not permit ourselves to commit any act of violence against the governor until after due deliberation, for all which we do now is the same as if we moved against the king. By Master Husband's advice, we shall ride into town, and do our best to prevent a conflict which would cost the lives of hundreds of our friends and neighbors. I beseech you that, however great the provocation, all this company keep well together in military formation, and obey every order to the letter. Later, when some of those who are absent can take part in our deliberations as is their right, we will settle upon a course of action."

Some one offered Master Husband a horse, on which he rode by the side of our leader as we crossed the river and went from thence to the court-house, or, I should say, as near as it was possible to advance.

The vast throng were inflamed by anger. They shouted threats against the soldiers, who were evidently alarmed by the demonstration, and had General Hamilton given the signal to make an attack, I believe of a verity that every man, whether armed or not, would have joined the fray.

At seeing us ride up the citizens shouted yet more loudly; but when we halted, they turned about to learn the reason of our delay in giving Tryon a lesson, and Master Hamilton cried out to them, speaking so loudly that every word must have been heard by those who yet remained in the court-room.

"We, the Regulation, beg that you will not put your lives in jeopardy while unprepared for battle. If you will disperse, each sending his women and children home out of danger, the Regulators will meet you in solemn deliberation this evening when our plan of action shall be decided upon."

"And are we to let Tryon and Fanning sneak away?" one of the throng asked angrily.

"Not so, my friend. While the Regulators are under arms you know full well that no one can leave Hillsborough without our permission. The cause will not suffer by this delay, and we shall be in better position to demand that which you have failed of receiving this day – justice. Send your families home, collect your weapons, and join us who have sworn to drive the oppressors out of upper Carolina."

If Tryon was in the court-room, as many of the throng declared, then he had heard every word spoken by our commander, and I venture to say he felt ill at ease, for it was plain to be seen that if the Regulators should be reinforced by these men who were raising their voices against the farce of a trial, he stood in great danger of being made prisoner.

He might use the court-house as a fortification, and could hold it two or three days, perhaps; but we would take good care that he did not send any messengers to Brunswick or Newberne, and there could be but one ending to the affair.

The people seemed to understand all this, for straightway they began to move toward the river, followed by their families, and in less than half an hour few save the Regulators remained around the building.

The soldiers who had been stationed outside now crowded inside the court-house, never waiting for orders to move, and we were left like jailers who are satisfied with holding their prisoners in closed cells.

Master Hamilton told off a dozen men for sentinels at each side of the building, and as many more in the rear, with orders to shoot down any who attempted to escape from the windows, while the main portion of our force remained thirty yards or more from the front doors.

It looked much as if an attack was to be made upon the king's representatives despite all Master Hamilton had said regarding the advisability of waiting for reflection and concerted plans.

Our commander remained by himself, midway between the front rank and the building, as if expecting that which occurred before we had been in position five minutes.

Then it was that David Edwards, the governor's secretary, appeared at one of the windows, and cried warningly:

"In the name of his excellency, Governor William Tryon, I bid ye disperse! Those who remain do so under the pain and penalty of being adjudged in rebellion against his most gracious majesty."

"We are in rebellion against tyranny and injustice," Master Hamilton replied in a loud voice which had in it no tone of menace. "It is our purpose to remain here until the wrong committed this day has been righted, and he who ventures out from among you in the meantime will do so at the expense of his life."

"But this is neither more nor less than armed rebellion against the king," Edwards cried as if suddenly understanding that we were in a position to enforce our demand.

"I repeat that we are not here against the king, but to uphold the laws which Tryon and his minions have trampled in the dust. We of the Regulators number five hundred men; within two hours we shall have as many more in our ranks, and it does not need much calculation on your part to prove that the power is with us, as the rebellion against his majesty is with you."

Master Edwards disappeared, and I was expecting each moment that the soldiers within the building would open fire upon us, when my father appeared at the door, holding up his hand to attract attention.