The Regulation represented a conflict over which classes would control the debt of the North Carolina Piedmont. Prior to the Regulation, small farmers issued credit to their neighbors. These farmer merchants rarely sued over debt, and instead charged higher prices for store goods to cover defaulting loans. By the late 1760s, commercial merchants had displaced farmer merchants as the primary backcountry creditors. Unlike the agrarian merchants, this new mercantile class aggressively pursued debt prosecutions. When these indebted farmers turned to the Hillsborough Courthouse, juries consisting of merchants and lawyers consistently found against them. The courthouse itself became a financial boon to these non-agrarian elites, who charged extortionate fees and distrained goods with impunity. This transformation in debt issuance and collection threatened the fabric of backcountry agricultural production. Piedmont farmers stood at risk of losing their farms, crops and livestock to a non-agrarian creditor class. When peaceful means of protest failed, they rebelled.
The earliest social history of the Regulation, by John Spencer Bassett, explained the Regulation as a sectional conflict rooted in the disparate economies of the Piedmont and coast. Large slave plantations dominated the eastern counties, argued Bassett, whereas an economically isolated western frontier practiced subsistence farming. Western farmers revolted against elite eastern planters who overtaxed them while depriving them market access and adequate political representation.
Despite its geographic concentration in the piedmont, the Regulator insurrection did not pit westerners against easterners, as Basset argued. Local clerks, lawyers, jurors and sheriffs earned the bulk of Regulator criticism. In the Tenth Regulator Advertisement, an assortment of Orange Country Regulators traced “all our grievances” to the “roguish practices of ignorant and unworthy men who have crept into Posts of Offices.” (CRNC 758-759). Regulator contempt crystallized around the person of Colonel Fanning, the leading political figure and assemblyman of Orange Country. So great was the contempt for Colonel Fanning that Herman Husband, a leading Regulator, devoted an entire tract to his abuses (Husband, A Fan for Fanning).
Criticisms of coastal planters and politicians were notably absent from most Regulator petitions, letters and advertisements. The one petition that references the “Maritime parts of the province” does so to condemn the planter elites of the western counties for not shouldering a fair share of the tax burden. (CRNC, 83) An October 1769 petition from Rowan county asked that the Assembly “pass an Act, to Tax every one in proportion to his Estates; however equitable the Law as it now stands, may appear to the Inhabitants of the Maritime parts of the province, where estates consist chiefly in Slaves; yet to us in the frontier, where very few are possessed of slaves, tho’ their Estates are in proportion (in many instances) as of one Thousand to one, for all to pay equal, is with Submission, very grievous and oppressive.” (CRNC, 83) These petitioners implicitly recognized that the taxes would seem fair to an eastern planter rich in slaves, who paid taxes on those slaves. Rather than castigate these eastern planters, the petitioners highlighted how these taxes worked an inequity among western farmers. The western land speculator paid the same amount of taxes as the subsistence farmer.
Though a sectional affair, the Regulation was a western rebellion against fellow westerners.
Though Regulator support correlated with wealth and income, this disparity did not itself trigger the Regulation. Not all anti-Regulators were rich, nor were all Regulators poor. Herman Husband owned an extensive estate in western North Carolina, and had even attempted land speculation in the backcountry. (Ekirch, 637). Wealth alone therefore did not excite the Regulators, who looked to Husband for leadership.
Nor did the Regulator’s invocation of wealth indicate hostility to the wealthy landowners, as historians such as Marvin Kay have argued. Kay’s portrait of the Regulation as an uprising of the poor against the rich hinges on the class consciousness of the poor, who in Kaye’s argument, conceived of themselves as a “class of poor farmers.” (Kay, The North Carolina Regulation, 108). Yet the evidence Kay cites is ambiguous at best. Petitions that describe the Regulators as “poor Industrious peasants” lend themselves to a multiplicity of readings. The word “poor” could refer to the peasants’ relative poverty, their suffering, or both. Nor is it apparent why this modifier deserves any privilege over the subject of the petition – the peasant. Contrary to Kaye’s argument, Regulators rarely referred to their adversaries by wealth alone. Regulators instead described their enemies by reference to their occupation.
Rather than cause the Regulation, wealth correlated with social class, which served as the catalyst for the uprising. Merchants and lawyers consolidated control over the backcountry debt in the late 1760s, appropriated taxes, land and chattel, and consequently enlarged their estates. It was the commercial merchant as creditor that threatened backcountry farmers – the merchants’ private gain represented a symptom of a much more invidious disease.
Regulators understood their movement as an insurrection against a non-agrarian elite. Rowan County Regulators petitioned the Assembly “to pass an Act to call in all the now acting Clerks, and to fill their places with Gentlemen of probity and Integrity” while also “prohibiting Judges, Lawyers and Sheriffs, from fingering any of their fees” before a final determination. (TC 376). The petition also requested “an Act to prevent and effectually restrain every lawyer and Clerk whatsoever from offering themselves as Candidates, at any future Election of Delegates, within this Province.” (TC, 375). Lack of “redress in what is called Courts of Justice,” Claimed Regulator Teague, derived from the substantial number of “Clarks & Sherrifs” who sat on the juries. (CRNC, 70). Regulators therefore defined themselves against a non-agrarian class. The forces arraigned against the Regulators were a legal and mercantile elite, they envisioned, whose avarice left farmer “properties… quite insecure.” (CRNC 233).
Just as the Regulators understood their movement as a defense of the planter class, likewise anti-Regulators understood the Regulation as an uprising against lawyers and merchants. Richard Henderson, a judge during the Hillsborough Riots, described how the Regulators deliberated targeted Hillsborough merchants. Regulators shattered only the merchants’ windows during the Hillsborough Riots. (CRNC, 244). A keeper of the Atkin Ferry described a mob of Regulators eager “to kill all the Clerks and Lawyers,” while denouncing an Assembly that “made just such Laws as the Lawyers wanted.” (TC, 623). And Colonel Fanning worried that Regulators would punish the local leaders, whom he identified as the “Clerks Sheriffs Registers Attornies and all Officers of every Degree and Station.” (TC, Fanning Letter 23 April 1768).
Occupation and ties to merchant creditors significantly influenced partisan affiliation. Not only the Regulators, but also their enemies, understood these differences to be the source of conflict.
Religious dissidence supplied the content of Regulator demands and also shaped the form of Regulator protest. Thus the October 1769 petition from Rowan county asked for “A Repeal of the Act, prohibiting Dissenting Ministers from marrying according to the Decretals, Rites and Ceremonys, of their Respective Churches,” a request that appeared after the petition to dismiss all the Clerks. (TC, 376). Even redress of the more economic and legal grievances bore religious undertones. Over taxation would be resolved by producing lists of taxables for all to view. (CRNC 702). Not only could every farmer grasp the tax laws, but the act of revelation served as the appropriate remedy. Colonel Fanning captured this dynamic with the greatest clarity, disclaiming that the county “Leaders” would “be arraigned at the Bar of their Shallow Understanding” and “be punished and regulated at their Will, & in a Word for them to become the Sovereign Arbiters of Right & Wrong.” (TC, Fanning Letter April 23, 1768). Much as the unlearned could perceive right and wrong through the ‘inner light,’ so too could unlettered farmers correct legal and economic wrongs by subjecting tax records to public scrutiny.
Much as local officials used tax collection for private profit, so too did these officials deploy debt collection as a means of personal aggrandizement. Clerks and attorneys overcharged for court fees. Colonel Fanning, for example, charged twice the normal court fees for a wealthy widow. (CRNC, 69). Regulator petitions and advertisements frequently objected to court officers who collected fees that exceeded the legally prescribed amount. (CRNC 733). Sheriffs also collected twice for the same debts (CRNC 775), collected amounts that exceeded the value of outstanding debts (CRNC 776), and distrained goods and chattel to pay debts for which no writs could be located (CRNC 777). Governor Martin acknowledged these practices, declaring the “demands of Court officers for Fees… exorbitant, oppressive and extra-legal (CRNC 762). Echoing Regulator complaints, Martin condemned Sheriffs for collecting up to “Quadruple the value of the… debt” (CRNC 763). Even Governor Tryon refused to defend the local officials. In response to a Regulator petition, Tryon recommended that the Regulators find redress within “the Laws of the Country” (CRNC 793), even going so far as to instruct his attorney general to prosecute any officer guilty of extortion (CRNC 794). Extortionate debt collection posed such a problem that the House suggested reforming the laws governing fee collection, because the “exactions of officers” seemed “penal” (CRNC 322). At the time it issued this proposal, anti-Regulators represented the backcountry, with Colonel Fanning himself representing Orange Country. Extortion therefore represented an uncontested fact in the backcountry.
Population growth in the late 1760s attracted commercial merchants to the North Carolina Piedmont, who in turn supplied an increasing quantity of credit to backcountry farmers. By dominating the courthouse, the Hillsborough merchants and lawyers determined the course of det litigatio. The Regulators’ struggle to sue county clerks for overcharging court fees illustrates how merchant creditors had captured the courthouse. Even when the Regulators successfully made out a writ against a court clerk, the jury threw out the case “on the old score No Bill.” (CRNC 70). Commercial merchants therefore owned an increasingly share of the debt while also consolidating control over the mechanism of debt collection.
In the absence of commercial merchants, fellow farmers extended credit to one another, which constrained their ability to sue on debts. Scattered throughout the countryside, local taverns and stores supplied farmers with credit in the 1750s. Frequently, farmers operated these smaller outfits out of their farms (Thorp, 390). And while these farmer-merchants purchased goods from locales as distant as Charleston, neighboring farmers provided the bulk of supplies (Thorp, 399). A litigious farmer-merchant would therefore threaten his suppliers, who were also his friends and family members. These farmer merchants therefore eschewed the time, expense and ill will of the courthouse, and instead paid for defaulting debts by marking up the prices of store goods. (Thorp, 407). Even with only 31 percent of accounts paid in full, a tavernkeeper could maintain a successful enterprise. (Thorp, 406).
As the backcountry population exploded in the 1760s, merchant firms displaced these farmer merchants, thereby weakening the restraints on debt litigation. In the years immediately preceding the Regulation, the number of merchant firms increased from eight in 1762, to eighteen by 1765. (Whittenberg, 224). Debt litigation spiked during this period. From 1753 to 1762, 681 suits were initiated in Orange County. (Whittenberg, 232) For the three year period between 1763 and 1765, 841 suits were brought before the Orange Country courthouse (Whittenberg, 232). The composition of litigants also changed during this period. Lawyers and merchants brought suit in only one-tenth of cases between 1753 and 1762. (Whittenberg, 232) From 1763 to 1765, this figure had risen to a third. (Whittenberg, 232). Unlike farmer merchants, these commercial merchants did not supply their stores primarily with the local goods, nor did the owners engage in agricultural production. The social and economic ties that disciplined farmer merchants exercised no power over the growing merchant class. These merchants therefore readily availed themselves of the courthouse and sued to collect debts that had previously gone unpaid.
That animus towards merchants fueled the Regulation is demonstrated not only in petitions and Regulator destruction of merchant property, but also by the failure of the Regulation to gain a foothold in territories free of merchant firms. The Moravian religious community, for example, opened a store at Bethabara in 1759. (Kars, 61) Bishop Spangenberg articulated strict rules for the store’s operation, even providing a formula for calculating the price of imported goods. (Thorp, 403). Moravian patronage ensured the store’s success, even as merchant firms crowded the backcountry in the early 1760s. Shielded by their religious institutions, the vortex of merchant debt did not reach the Moravians. Consequently, the Moravians remained neutral during the Regulation. (Kars, 121).
All primary source documents referenced above appear under "Primary Source Documents," which are listed chronologically below.
Ekirch, A. Roger. "A New Government of Liberty": Hermon Husband's Vision of Backcountry North Carolina. The William and Mary Quarterly, Vol. 34, no. 4 (Oct. 1977), http://www.jstor.org/stable/2936186 (accessed October 22, 2009).
Hoffman, Ronald. 1976. The "Disaffected" in the Revolutionary South. In The American Revolution: Explorations in the History of American Radicalism, ed. Alfred F. Young, 273-316. DeKalb? : Northern Illinois University Press.
Jameson, J. Franklin. 1926. The American Revolution Considered as a Social Movement. Princeton: Princeton University Press.
Kars, Marjoleine. 2002. Breaking Loose Together: The Regulator Rebellion in Pre-Revolutionary North Carolina. Chapel Hill: The University of North Carolina Press.
Kay, Marvin L. Michael. 1976. The North Carolina Regulation, 1766-1776: A Class Conflict. In The American Revolution: Explorations in the History of American Radicalism, ed. Alfred F. Young, 71-123. DeKalb? : Northern Illinois University Press.
Kay, Marvin L. Michael. The Payment of Provincial and Local Taxes in North Carolina, 1748-1771. The William and Mary Quarterly, Vol. 26, no. 2 (April 1969), http://www.jstor.org/stable/1918676 (accessed October 22, 2009).
Kulikoff, Allan. 1993. The American Revolution, Capitalism, and the Formation of the Yeoman Classes. In Beyond the American Revolution: Explorations in the History of American Radicalism, ed. Alfred F. Young, 80-119. DeKalb? : Northern Illinois University Press.
Thorp, Daniel B. Doing Business in the Backcountry: Retail Trade in Colonial Rowan County, North Carolina. The William and Mary Quarterly, Vol. 48, no. 3 (July 1991), http://www.jstor.org/stable/2938142 (accessed October 22, 2009).
Whittenburg, James P. Planters, Merchants, and Lawyers: Social Change and the Origins of the North Carolina Regulation. The William and Mary Quarterly, Vol. 34, no. 2 (April 1977), http://www.jstor.org/stable/1925314 (accessed October 22, 2009).
-- ChrisFasano - 22 Dec 2009