The Conquest of the Old Southwest; the romantic story of the early pioneers into Virginia, the Carolinas, Tennessee, and Kentucky, 1740-1790Henderson, Archibald
History
The Conquest of the Old Southwest; the romantic story of the early pioneers into Virginia, the Carolinas, Tennessee, and Kentucky, 1740-1790
Henderson, Archibald
Frontier and pioneer life -- Southwest, Old; Kentucky -- History -- To 1792; Southwest, Old -- History; Tennessee -- History
During an interim, in which the Regulators retired for consultation,
they fell without warning upon Fanning and gave him such rough treatment
that he narrowly escaped with his life. The mob, now past control,
horsewhipped a number of leading lawyers and citizens gathered there at
court, and treated others, notably the courtly Mr. Hooper of Boston,
"with every mark of contempt and insult." Judge Henderson was assured by
Fields that no harm should come to him provided he would conduct the
court in accordance with the behest of the Regulators: namely, that no
lawyer, save the King's Attorney, should be admitted to the court, and
that the Regulators' cases should be tried with new jurors chosen by the
Regulators. With the entire little village terrorized by this campaign
of "frightfulness," and the court wholly unprotected, Judge Henderson
reluctantly acknowledged to himself that "the power of the judiciary was
exhausted." Nevertheless, he says, "I made every effort in my power
consistent with my office and the duty the public is entitled to claim
to preserve peace and good order." [114] Agreeing under duress to resume
the session the following day, the judge ordered an adjournment. But
being unwilling, on mature reflection, to permit a mockery of the court
and a travesty of justice to be staged under threat and intimidation, he
returned that night to his home in Granville and left the court
adjourned in course. Enraged by the judge's escape, the Regulators took
possession of the court-room the following morning, called over the
cases, and in futile protest against the conditions they were powerless
to remedy, made profane entries which may still be seen on the record:
"Damned rogues," "Fanning pays cost but loses nothing," "Negroes not
worth a damn, Cost exceeds the whole," "Hogan pays and be damned," and,
in a case of slander, "Nonsense, let them argue for Ferrell has gone
hellward." [115]
Public-domain text, read in full here on John Shaqi.
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