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Conceived in Liberty Companion · Volume III, chapter 51 · 24 September 1770

A courtroom packed with clubs

In a plain timber courtroom packed with men in hunting shirts and felt hats holding clubs and whips, a lean farmer holds up a paper before a wigged judge seated at a raised bench.
Hillsboro, North Carolina, September 1770. Judge Richard Henderson opens court, and a hundred and fifty Regulators pack the room with clubs, whips and switches. James Hunter, one of their leaders, holds a petition against the county’s sheriffs, officers and juries. Rothbard says the raid followed the Stamp Act rebels’ model. Chapter 51 of Conceived in Liberty.

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Adapted from Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011), CC BY 3.0.

The story, from several sources

This account blends Rothbard’s chapter with the other sources listed below and has not yet been separated into Rothbard’s own account and the fuller story. Read Rothbard’s chapter 51 for his account.

By 1770 North Carolina’s Regulators had tried everything legal. They had petitioned, sued, refused taxes and voted, and the courthouse ring around Edmund Fanning of Orange County, who held a string of posts and lived on fees, had beaten each attempt. On Monday, September 24, James Hunter and other Orange Regulators came to Hillsboro with a petition against the sheriffs, officers and juries. A crowd of 150 followed them into the courtroom. Judge Richard Henderson wrote afterward that court opened after eleven and the house filled “as close as one man could stand by another,” some with clubs, others with whips and switches. By Rothbard’s account the crowd then threatened Henderson, beat the lawyer John Williams, and whipped Fanning. A Virginia Gazette correspondent said Fanning was dragged down the courthouse steps. His new house, built on fees, was burned, and Henderson’s in Granville County followed weeks later. Rothbard’s point is that the Regulators had finally copied the Stamp Act rebels, who had shut down the machinery of a corrupt government by force of numbers. The next May the governor’s militia broke them at Alamance.

Where the record differs from Rothbard

Errata notes. Rothbard’s text and his account above are left as he wrote them. Every erratum.

Conceived in Liberty, p. 1005
Rothbard says At Hillsboro the Regulators “threatened Judge Richard Henderson, who fled town.”
The evidence Henderson’s own account has him holding court in the packed room until 3 or 4 pm and leaving the next night; Fanning was dragged down the courthouse steps and beaten in the street (Henderson as quoted at amrevnc.com; Virginia Gazette, 25 Oct 1770; both read as summaries).
Source Henderson as quoted at amrevnc.com; *Virginia Gazette*, 25 Oct 1770; both read as summaries

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011 single-volume ed.), vol. III, ch. 51, ‘The North Carolina Regulation’, pp. 997-1012 (Hillsboro, p. 1005; Alamance, pp. 1007-1008). CC BY 3.0. Rothbard
  2. American Revolution in North Carolina, ‘Hillsborough’ (the riot of 24 September 1770 with Henderson’s own account quoted; the courthouse site and market building), read through a fetch tool that summarises pages, 2026-09-30. Secondary source
  3. ‘Primary Source: Chaos in Hillsborough 1770’, an eyewitness account printed in the Virginia Gazette, 25 October 1770, NCpedia ANCHOR, read through a fetch tool that summarises pages, 2026-09-30. Primary source
  4. data/cil/registry/eras/southern-colonies-1710-1770.yaml, dress and arms entries (frontier settlers). Secondary source