CHAPTER II. A TREASONABLE ACT.

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So great was my excitement, knowing Sidney meditated an attack upon the king's officer, which could be called neither more nor less than rank treason and would put us beyond the pale of ordinary offenders, that I could not understand one word Sandy Wells was reading.

His voice came to me like the droning of bees in the summer, and it sounded far off. I could neither hear nor think; but all my faculties were centered in my eyes as I watched Sidney's stealthy movements.

Without really having the power of connected thought, I realized that to resist the sheriff's officer was an offense which Governor Tryon would never pardon, particularly since that officer was engaged in the effort to collect taxes. From the moment we made forcible resistance we would be the same as outlawed, and shut off from the possibility of returning again to our homes until the king's rule had been set aside in the Carolinas.

Desperate indeed would be our position once an overt act against the recognized authority of the colony had been committed, and yet I would not have checked Sidney by so much as a hair's breadth had it been possible.

Sandy Wells continued to read as if delighting in the sound of his own voice, and my comrade made his preparations leisurely, being slightly in the rear of the sheriff's officer where he could not well be seen, while the latter's eyes were fixed upon the paper.

When Sidney cautiously drew himself up to his feet by aid of an overhanging bough, clutching his rifle firmly, I knew the struggle was about to begin, and during an instant there was a film before my eyes, red like blood.

Then everything came plain within my line of vision; the tremor of fear passed away, and I was on the alert to second anything Sidney should attempt, even though our lives might be the forfeit.

Sandy Wells had nearly come to an end of the warrants which had been filled out that two lads who could not pay the sum of three dollars might be thrust into jail, when Sidney, his rifle leveled at the officer's head, said sharply and sternly:

"Do not so much as move, Master Wells, else I will send a bullet into your brain. Be careful not to take your hands from that piece of stamped paper, or I shall believe that you mean mischief!"

Sandy looked around quickly; only his eyes moved, for he must have understood that my comrade meant every word which had been spoken, and he saw Sidney standing with his rifle aimed and resting on the branch of the tree.

At such short range there could be no mistake as to the course of the bullet, and, realizing this, the officer's face grew white with fear, for of a verity he was standing very near to death at that moment.

"Would you resist me in the performance of my sworn duty?" he asked, his voice trembling and his teeth literally chattering with fear.

"That is what I count on doing. Neither Clare nor I will be taken to Hillsborough jail simply because we cannot pay the poll tax."

"Do you know that this is treason, now the warrants have been read?"

"I can well fancy that Lawyer Fanning will twist it in that way."

"Not only is it treason against the king, but you are laying yourself open to the penalties made and provided for resisting an officer of the colony."

"You cannot serve Tryon and the colony at the same time, Master Wells, and that you know right well. Does it so chance that you have any weapons about you?"

"I am armed, as you may well see."

"I am more concerned to know if you have other weapons which cannot be seen. Keep your hands on that paper, Master Wells, while Clare lays violent hands upon your sacred person in order to learn to what extent you are fitted out for taking into custody two lads whose only crime is their lack of money."

"You might have been forgiven the tax; but that which you are about to do will bring you close to the gallows," Sandy cried in impotent rage.

"Even while standing there we shall be no nearer death than you are at this instant if it so be you so much as raise a finger. Clare, take away his rifle, and search him for other weapons."

I lost no time in doing his bidding, for now was Sidney Hubbard the leader and commander.

Sandy, the livid hue of fear yet on his cheek, offered no resistance as I made thorough search, bringing to light two pistols and a long knife which would have served at a pinch as sword, and Sidney cried derisively as I laid the weapons at his feet:

"You were bravely armed, Master Wells, for the arrest of two boys who are worth in the eyes of Governor Tryon's law but one dollar and a half per head, and in fact, not the value of a penny."

"I shall live to see you hanged!" Sandy snarled.

"In which case, as I figure it, you will live to a green old age, and it may be, suffer not a few discomforts before you die."

"Now that you two villains have robbed me, I suppose I may go my way," Master Wells cried as Sidney lowered his rifle.

"Not unless your way is the same as ours, for I am not minded to set you loose until after learning what Captain Hamilton has to say on the subject."

"What?" Sandy cried in mingled rage and surprise. "Would you also take me prisoner?"

"It is no more than you would have done by us, and surely turn about is fair play."

Now it was that I lost courage. The crime of resisting one of the sheriff's officers was as great as I felt willing to commit; but to actually take him prisoner seemed the height of folly.

Sidney seemed to read my thoughts in my eyes, for he said quietly, thus showing himself to be the brave soldier he afterward proved:

"We can make matters no worse by taking him to Master Hamilton, and it seems to me wise that we get that gentleman's opinion before setting this worthy officer loose to spread the tiding of our misdeeds. Fanning and Tryon can never overlook the fact that we have refused to pay the tax; but I'm thinking it won't trouble them greatly if Master Wells suffers a little discomfort."

Sandy began to bluster, threatening us with the direst vengeance of his master and himself; but Sidney soon cut the flow of words short by saying sternly:

"You will mount your horse, Master Wells, and also do well to remember that a silent tongue oftentimes stands a man as friend."

Our prisoner ceased his threats, probably understanding that Sidney's temper was none of the best once it had been aroused, and clambered into the saddle obediently, my comrade holding his rifle ready for immediate use in case the fellow made any attempt at leaving us.

Once Sandy had mounted, Sidney fastened his legs beneath the animal's belly, as a precaution against escape, and, bringing up his own steed, seated himself in the saddle as he slipped the bridle of the prisoner's horse over his arm.

If it had been possible to do so without being overheard by Master Wells, I would have tried to dissuade my comrade from this last portion of the business, for it seemed to me that by carrying him to the rendezvous we were but bringing additional trouble upon our own heads without due justification. I was unwilling, however, to let Sandy suspect that there was any difference of opinion between us, therefore held my tongue, meekly climbing into the saddle when Sidney showed himself impatient to continue the journey.

The one fear in my mind as we set out, Sidney leading the way with our prisoner and I bringing up the rear, was that Master Hamilton and his associates would reprove us severely for having brought the officer to the rendezvous, for it seemed certain that Sandy would hamper the Regulators to considerable extent.

However, the deed was done, and I question whether I could have changed the situation in the slightest, however good an argument I might have brought to bear. Therefore it was that I resolved to give Sidney the leadership, obeying his orders scrupulously, and standing by him as a comrade should in case our actions were condemned by the Regulation.

Sandy Wells evidently had no desire for conversation, and we two lads could not speak one with another save he heard every word, therefore the three of us rode forward in silence, keeping a sharp lookout both ahead and behind lest we might inadvertently come upon one of the officer's friends.

There is little need for me to set down all the thoughts and fears which came into my mind as we rode forward, for there is more of importance than my timorousness to be written before I shall come to an end of the sufferings endured by the people of the Carolinas in that struggle which, God be praised, finally resulted in the freedom of this fair country.

It is enough if I pass over the remainder of our journey in silence, and describe our reception when we were in the midst of the men of Carolina who, having chosen Master Hamilton as their leader, were in the act of what Governor Tryon was pleased to term "open rebellion."

The people were gathered in a thick bit of woods near-by the highway, and we were forced to give an account of ourselves to the sentinels before being allowed to ride into the midst of the large assembly, which was little less than a veritable army.

The first person we saw was my father, and toward him Sidney rode, telling our story in few words, after which he asked:

"Does it please you that Master Wells be kept a prisoner, sir?"

"I am at a loss to give you an answer, lad," my father replied in evident perplexity. "It has only been decided that we would release those who are confined in Hillsborough jail, and I cannot guess how the gentleman will view your bold act. Give him into my charge, and we will soon have the case before the Regulation."

He laid hold of Sandy's bridle, leading the horse further into the woods, while we lads were forced to remain where we had halted, because of the crowd which suddenly gathered to learn how we had chanced to come in company with a sheriff's officer.

Once our story was told it could plainly be seen that we had won the good opinion of those who listened, for without exception each man bestowed praise upon us, until my cheeks were flushed a deep red from hearing myself spoken of as a brave lad who would one day do his full share toward freeing the Carolinas from the money-gluttons who were impoverishing the people.

Well, we were made much of, and all with whom we spoke agreed that we should be allowed to become members of the Regulation, as if we were indeed men grown; but I observed with sorrow that every one treated it as a matter of course that we could not return to our homes until great changes had taken place in the colony.

The idea that years might elapse before I could see my mother again had in it sufficient to prevent me from being puffed up with pride because of what was said concerning me, and when the gentlemen were come to an end of questioning us I unsaddled my horse, taking up quarters at the foot of a huge gum tree.

In this army which had gathered responsive to the call of Master Hamilton, there were no tents or camp equipage of any kind. Each man brought everything he might need, including provisions, and the place where the Regulators encamped had more the appearance of being used for religious or social purposes, than as a military rendezvous.

Here and there, wherever it best pleased them, were the recruits which had been so hastily brought together. Horses were picketed where the best feeding places could be found, and their owners lay under the shade of the trees, walked as fancy dictated, or gathered in little squads, having no care save to keep within the lines marked out as the bounds of the encampment.

Twenty or more sentinels paced to and fro, rather for the purpose of marking the limits of the camp than because any attack was to be apprehended, and these were not so strict in their duty as to prevent those from straying outside the lines who felt the inclination to do so.

Sidney found a friend with whom he went away hoping to gain speech with our general, Master Hamilton, and I remained alone a good hour or more, when my father came up in search of me.

"The prisoner will be held until after we have marched to Hillsborough," he said by way of explaining what had been decided upon, and added with a sigh: "It is to be regretted that your evil fortune brought you in Sandy Wells' path, my son."

"It was he who crossed our path, sir," I said, trying to speak in a cheery tone, although my heart was like lead in my bosom.

"It recks little which way it was. What affects us is, that you and Sidney will be forced to remain in hiding, no one knows how long—certainly until some arrangement can be made to obtain pardon for what has been done."

"I thought the Regulators had assembled for the purpose of taking into their own hands the government of the colony, in which case there can be no question but that our sins against the person of Sandy Wells will be forgiven."

"It is not probable that the Regulation will be able to effect any very radical change in the condition of affairs. We shall march to Hillsborough to demand the release of the prisoners, and if they are given liberty, there is no longer any pressing need for us to remain under arms."

"Might the Regulators not also demand that we be pardoned?" I asked, growing cold with fear.

"I question if the gentlemen would be willing, after this display of force in order to demand justice, to ask that an offender against the laws of the colony be forgiven."

"Then what is to become of us?" I cried in fear. "Surely these gentlemen will not deliver us up to the king's officers!"

"Certainly not; your deliverance must come about without the aid of the Regulation, however. If it becomes necessary for you to remain in hiding, go with all speed to your uncle's home in Virginia, on the bank of the Dan River, and there remain until word comes from me that you may safely return."

There was no longer an opportunity for him to give me the advice which I needed. Word was passed from one to another that the order had been given to begin the march toward Hillsborough, and in a few moments all was bustle and confusion as each member of the party made his preparations for the journey.

Half an hour later the Regulators were in line, awaiting the final word, and a goodly array they presented. There were upwards of four hundred horsemen, all fully armed, and at their head Master Hamilton, a patriarch of seventy years.

The word was given, and we set off at a gentle pace, Sidney and I riding side by side, and a short distance in advance of us, Sandy Wells, guarded by two men.

The rebellion against the king's authority was begun, and from that day we might be counted by those in office as traitors to his majesty; but it could never be said that there was any treachery in our hearts against the colony of the Carolinas which we were ever ready to defend with our heart's blood.

The march had been begun near nightfall in order that we might arrive at Hillsborough early in the morning, and since the distance was but twenty miles, we were put to it to keep the animals back, instead of trying to urge them forward.

Some of the men fell asleep in their saddles; but neither Sidney nor I had any desire for slumber because of the disquiet in our hearts. With the exception of Master Hamilton, who would likely be charged with having stirred up the people to sedition, we were in a worse plight than the others, and whichever way the matter turned, it was probable we must hide ourselves in Virginia for a time.

With the rising of the sun our party halted on the bank of the Eno, opposite Hillsborough, and there discovered that the king's officers had received news of our coming, being greatly disturbed thereat.

Twenty or more men were standing near the edge of the river on the Hillsborough side, and foremost among them was Attorney Fanning, he who was equally guilty with Governor Tryon in burdening us with taxes which were beyond our power to pay.

To have seen him then, when he was in fear of his life, one would have said that the Regulators of the Carolinas had no warmer friend than he. When we were drawn up in line, waiting for the word to ford the river, Fanning shouted, holding up a bottle of rum in one hand and a bottle of wine in the other:

"We have been waiting for you, my brave Hamilton, knowing that you will not willingly do that which will cause blood to flow. Let's you and I have a glass together, and decide this troublesome business without such a warlike parade."

"You may keep your liquor for those who do not know you as well as do I," Master Hamilton cried scornfully, and our people set up a shout of satisfaction.

Master Fanning waved his hands as if asking for silence, and after a time, when those on our side of the river were inclined to hear what kind of a proposition Tryon's tool had to make, he called out as if addressing his best friend:

"Send a horse over that I may cross, my worthy Master Hamilton. I fain would give your people some refreshments," and here he held up the bottles again, "in addition to having a friendly chat with you."

Some of our men would have made a contemptuous reply, but the others motioned for silence in order that Master Hamilton might act as spokesman, which was his right.

"I'll send no horse," our brave leader cried. "You're none too good to wade, and wade you shall if you come over!"

I supposed Attorney Fanning would go back to his home in anger after receiving such a reply, and said as much to Sidney; but no sooner had I spoken than the lawyer waded into the stream, and over he came, holding out his bottles as if believing that Master Hamilton would be rejoiced at having an opportunity of drinking with him.

Our leader waved him away in short order, and then the scheming rascal went from man to man of the front rank, asking each to have a glass of liquor in token of friendship; but none would accept, and more than one gave him such insults as a truckling knave like himself deserved.

Before he had come to an end of the line, and when it must have been made plain that not one of the Regulators cared to bestow the commonest civility upon him, he espied Sandy Wells.

"What, have you resigned your office?" the attorney asked sharply, and our prisoner replied whiningly:

"I'm held here by force, good Master Fanning, having been taken prisoner by two lads."

Our people burst into laughter at this mournful reply, and hoping, most likely, to curry favor with the Regulators, the lawyer said with a grin:

"If two lads took you prisoner, I'd advise you to hold your tongue about it. Not many hours since you declared yourself to be a match for any three men in the Carolinas, providing you were not come upon in ambush."

"I was taken by surprise, even while reading the warrants for their arrest, and it's by no means to my shame, since I never dreamed they would be bold enough to make an attack upon the representative of our worthy sheriff."

"You'd best give over reading warrants, Sandy," some person shouted, and Fanning laughed at the gibe as he continued on along the line of horsemen, trying in vain to find one who would drink with him.

I must set down here, at risk of interfering somewhat with the thread of the story, two verses which were afterward written about this effort of the attorney's to curry favor with those who had come in the name of justice to rescue innocent men from prison:

"At length their head man they sent out

To save their town from fire;

To see Ned Fanning wade Eno,

Brave boys, you'll all admire.

"With hat in hand, at our command,

To salute us every one, sir,

And after that, kept off his hat,

To salute old Hamilton, sir."

I must admit that the poetry is not what might be called exceedingly fine; but it was made next night in camp by one of our Regulators, and because of such fact I think it well to set it down in this story.

Well, bow and cringe as he might, our people would not listen to Fanning, and Master Hamilton told him sharply to get to the rear lest he be trampled under the feet of the horses.

"We'll have neither you nor your liquor," he cried angrily, "and unless you get out of sight I'll not be answerable for the temper of these good friends who have come in search of Masters Husband and Hunter."

                                                                                                                                                                                                                                                                                                           

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