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Illustrated Episode · Volume III, chapter 50 · 1 July 1768

The test of an honest living

In a sunlit pine clearing a bearded man stands with his wrists bound around a tree trunk, looking back over his shoulder, while a man behind him draws back a whip and armed men look on.
South Carolina back country, summer 1768. The Regulators cleared outlaws from the country, then turned on the poor. Under their Plan of Regulation, a man without a visible way of getting an honest living is bound to a tree as the whip is drawn back. Rothbard says power corrupted them, and defense turned into aggression. Chapter 50 of Conceived in Liberty.

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

What happened

The back country of South Carolina had no courts, no sheriffs and no police in the 1760s, and outlaw gangs plundered it at will. In October 1767 the settlers chose a thousand men to execute the laws themselves and called them the Regulators. They burned outlaw villages, whipped criminals, and by March 1768 had cleansed the country, which Rothbard counts as a notable success. Then, he says, they enjoyed the taste of power. The back country held a lot of poor people who worked for themselves: hunters who sold furs and skins, squatters, vagabonds living by their wits, a few petty thieves. The respectable planters disliked them and could not make them work, since South Carolina had no vagrancy laws. In June 1768 a congress of Regulators adopted the Plan of Regulation to purge the country of all idle persons, all who had no visible way of getting an honest living. The poor were flogged and banished, or made to work acres for the planters. Rothbard calls vagrancy laws class exploitation, and he sees the Regulators turning self-defense into aggression. The poor and many planters organized against them as the Moderators, who faced them down in March 1769, and in July the Assembly passed the Circuit Court Act that gave the back country the courts it had wanted all along.

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011 single-volume ed.), vol. III, ch. 50, 'The South Carolina Regulation', pp. 991-996 (the Plan of Regulation and the flogging, pp. 993-994). CC BY 3.0. Rothbard
  2. Wikipedia, 'Regulator Movement in South Carolina' (the new law resulted in many hunters being whipped and banished), read through a fetch tool that summarises pages, 2026-09-30. Secondary source
  3. Charles Woodmason, Journal of C. W., Clerk, Itinerant Ministry in South Carolina, 1766-1768, as quoted in a search-engine summary (the Regulators 'whipped and drove the idle, vicious, and profligate out of the province, men and women without distinction'); the journal itself was not opened. Primary source
  4. data/cil/registry/eras/southern-colonies-1710-1770.yaml, dress and arms entries (frontier settlers). Secondary source