to represent their grievances, and to pray for redress, unless an emergence is so pressing, as not to allow time for receiving an answer to their applications which rarely happens. If their applications are disregarded, then that kind of opposition becomes justifiable, which can be made without breaking the laws, or disturbing the public peace. This consists in the prevention of the oppressors reaping advantage from their oppressions, and not in their punishment. For experience may teach them what reason did not; and harsh methods, cannot be proper, till milder ones have failed.

If at length it become undoubted, that an inveterate resolution is formed to annihilate the liberties of the governed, the English history affords frequent examples of resistance by force. What particular circumstances will in any future case justify such resistance, can never be ascertained till they happen. Perhaps it may be allowable to say, generally, that it never can be justifiable, until the people are FULLY CONVINCED, that any further submission will be destructive to their happiness.

When the appeal is made to the sword, highly probable it is, that the punishment will exceed the offence; and the calamities attending on war out weigh those preceding it. These considerations of justice and prudence, will always have great influence with good and wise men.

To these reflections on this subject, it remains to be added, and ought for ever to be remembred; that resistance in the case of colonies against their mother country, is extremely different from the resistance of a people against their prince. A nation may change their King or race of Kings, and retain[ing] their antient form of government, be gainers by changing. Thus Great-Britain, under the illustrious house of Brunswick, a house that seems to flourish for the happiness of mankind, has found a felicity, unknown in the reigns of the Stuarts. But if once we are separated from our mother country, what new form of government shall we accept, or when shall we find another Britain to supply our loss? Torn from the body to which we are united by religion, liberty, laws, affections, relations, language, and commerce, we must bleed at every vein.

In truth, the prosperity of these provinces is founded in their dependance on Great-Britain; and when she returns to "her old good humour, and old good nature," as Lord Clerendon expresses it, I hope they will always esteem it their duty and interest, as it most certainly will be, to promote her welfare by all the means in their power.

We cannot act with too much caution in our disputes. Anger produces anger; and differences that might be accommodated by kind and

respectful behaviour, may by imprudence be changed to an incurable rage.

In quarrels between countries, as well as in those between individuals, when they have risen to a certain heighth, the first cause of dissention is no longer remembred, the minds of the parties being wholly engaged in recollecting and resenting the mutual expressions of their dislike. When feuds have reached that fatal point, all considerations of reason and equity vanish; and a blind fury governs, or rather confounds all things. A people no longer regards their interest, but the gratification of their wrath. The sway of the Cleon's, and Clodius's, the designing and detestable flatter[er]s of the prevailing passion, becomes confirmed.

Wise and good men in vain oppose the storm, and may think themselves fortunate, if, endeavouring to preserve their ungrateful fellow citizens, they do not ruin themselves. Their prudence will be called baseness; their moderation, guilt; and if their virtue does not lead them to destruction, as that of many other great and excellent persons has done, they may survive, to receive from their expiring country, the mournful glory of her acknowledgment, that their councils, if regarded, would have saved her.

The constitutional modes of obtaining relief, are those which I would wish to see pursued on the present occasion, that is, by petitioning of our assemblies, or, where they are not permitted to meet, of the people to the powers that can afford us relief.

We have an excellent prince, in whose good dispositions towards us we may confide. We have a generous, sensible, and humane nation, to whom we may apply. They may be deceived: they may, by artful men, be provoked to anger against us; but I cannot yet believe they will be cruel or unjust; or that their anger will be implacable. Let us behave like dutiful children, who have received unmerited blows from a beloved parent. Let us complain to our parents; but let our complaints speak at the same time, the language of affliction and veneration.

If, however, it shall happen by an unfortunate course of affairs, that our applications to his Majesty and the parliament for the redress, prove ineffectual, let us then take another step, by witholding from GreatBritain, all the advantages she has been used to receive from us. Then let us try, if our ingenuity, industry, and frugality, will not give weight to our remonstrances. Let us all be united with one spirit in one cause. Let us invent; let us work; let us save; let us at the same time, keep up our claims, and unceasingly repeat our complaints; but above all, let

us implore the protection of that infinite good and gracious Being, “by whom kings reign and princes decree justice."

"Nil desperandum.” Nothing is to be despaired of.

A FARMER.

[John Dickinson], Letters from a Farmer in Pennsylvania, to the Inhabitants of the British Colonies (Boston, 1768), 30-35.

150. Riot of the North Carolina Regulators (1770)

BY JUDGE RICHARD HENDERSON

Henderson was an associate justice of the province of North Carolina, holding a Superior Court where the riot described below occurred. This is a typical example of the many local disturbances of the period throughout the colonies. — Bibliography: Moore, North Carolina, I, ch. vii; Winsor, Narrative and Critical History, VI, 80-82.

WT

WITH the deepest concern for my Country I have lately been witness to a scene which not only threatened the peace and well being of this Province for the future, but was in itself the most horrid and audacious insult to Government, perpetrated with such circumstances of cruelty and madness as (I believe) scarcely has been equaled at any time. However flattering your Excellency's prospects may have been with respect to the people called Regulators, their late conduct too sufficiently evince that a wise, mild and benevolent administration comes very far short of bringing them to a sense of their duty. They are abandoned to every principle of virtue and desperately engaged not only in the most shocking barbarities but a total subversion of the Constitution.

On Monday last being the second day of Hillsborough Superior Court, early in the morning the Town was filled with a great number of these people shouting, hallooing & making a considerable tumult in the streets. At about 11 o'clock the Court was opened, and immediately the House filled as close as one man could stand by another, some with clubs others with whips and switches, few or none without some weapon. When the House had become so crowded that no more could well get in, one of them (whose name I think is called Fields) came forward and told me he had something to say before I proceeded to business. The accounts I had previously received together with the manner and appearance of these men and the abruptness of their address rendered

my situation extremely uneasy. Upon my informing Fields that he might speak on he proceeded to let me know that he spoke for the whole Body of the People called Regulators. That they understood that I would not try their causes, and their determination was to have them tryed, for they had come down to see justice done and justice they wa have, and if I would proceed to try those causes it might prevent much mischief. They also charged the Court with injustice at the preceding term and objected to the Jurors appointed by the Inferior Court and said they would have them altered and others appointed in their room, with many other things too tedious to mention here. Thus I found myself under a necessity of attempting to soften and turn away the fury of this mad people, in the best manner in my power, and as much as could well be, pacifie their rage and at the same time preserve the little remaining dignity of the Court. The consequence of which was that after spending upwards of half an hour in this disagreeable situation the mob cried out "Retire, retire, and let the Court go on." Upon which most of the regulators went out and seemed to be in consultation in a party by themselves.

The little hopes of peace derived from this piece of behaviour were very transient, for in a few minutes Mr Williams an Attorney of that Court was coming in and had advanced near the door when they fell on him in a most furious manner with Clubs and sticks of enormous size and it was with great difficulty he saved his life by taking shelter in a neighbouring Store House. Mr Fanning was next the object of their fury, him they seized and took with a degree of violence not to be described from off the bench where he had retired for protection and assistance and with hideous shouts of barbarian cruelty dragged him by the heels out of doors, while others engaged in dealing out blows with such violence that I made no doubt his life would instantly become a sacrifice to their rage and madness. However Mr Fanning by a manly exertion miraculously broke holt and fortunately jumped into a door that saved him from immediate dissolution. During the uproar several of them told me with oaths of great bitterness that my turn should be next. I will not deny that in this frightful affair my thoughts were much engaged on my own protection, but it was not long before James Hunter and some other of their Chieftains came and told me not to be uneasy for that no man should hurt me on proviso I would set and hold Court to the end of the term.

I took advantage of this proposal and made no scruple at promising

what was not in my intention to perform for the Terms they would admit me to hold Court on were that no Lawyer, the King's Attorney excepted, should be admitted into Court, and that they would stay and see justice impartially done.

It would be impertinent to trouble your Exc' with many circumstances that occurred in this barbarous riot, Messrs. Thomas Hart, Alexander Martin, Michael Holt, John Litterell (Clerk of the Crown) and many others were severely whipped. Col. Gray, Major Lloyd, Mr Francis Nash, John Cooke, Tyree Harris and sundry other persons timorously made their escape or would have shared the same fate. In about four or five hours their rage seemed to subside a little and they permitted me to adjourn Court and conducted me with great parade to my lodgings. Col Fanning whom they had made a prisoner of was in the evening permitted to return to his own House on his word of honour to surrender himself next day. At about ten o'clock that evening, I took an opportunity of making my escape by a back way, and left poor Col. Fanning and the little Borough in a wretched situation. . . .

The number of Insurgents that appeared when the Riot first began was, I think, about one hundred and fifty, tho' they constantly increased for two days and kept a number with fire arms at about a mile distance from Town ready to fall on whenever they were called for. This amount is contradicted by some and believed by others; certain it is that a large number of men constantly lay near the Town, whether they had arms or not is not yet sufficiently determined.

As the burden of conducting Hillsborough Superior Court fell on my shoulders alone, the Task was extremely hard and critical. I made every effort in my power consistent with my Office and the Duty the Publick is entitled to claim to preserve peace and good order, but as all attempts of that kind were ineffectual, thought it more advisable to break up Court than sit and be made a mock Judge for the sport & entertainment of those abandoned wretches. . .

P. S. My Express has this instant arrived from Hillsborough with the following accounts, Colonel Fanning is alive and well as could be expected. The Insurgents left the Town on Wednesday night having done very little mischief after spoiling M' Fanning's House except breaking the windows of most of the Houses in Town, among which Mr Edward's did not escape.

William L. Saunders, editor, The Colonial Records of North Carolina (Raleigh, 1890), VIII, 241–244 passim.