There is something refreshing in the solemnity with which these decisions are recorded, and the evident lack of perception on the part of the judges that their records would, to their grandchildren, have a distinctly humorous side. To tories, and evil-doers generally, the humor was doubtless very grim; but as a matter of fact, the decisions, though certainly of unusual character, were needful and just. The friends of order had to do their work with rough weapons, and they used them most efficiently. Under the stress of so dire an emergency as that they confronted they were quite right in attending only to the spirit of law and justice, and refusing to be hampered by the letter. They would have discredited their own energy and hard common-sense had they acted otherwise, and, moreover, would have inevitably failed to accomplish their purpose.
In the summer of ’78, when Indian hostilities almost entirely ceased, most of the militia were disbanded, and, in consequence, the parties of tories and horse-thieves sprang into renewed strength, and threatened to overawe the courts and government officers. Immediately the leaders among the whigs, the friends of order and liberty, gathered together and organized a vigilance committee. The committee raised two companies of mounted riflemen, who were to patrol the country and put to death all suspicious characters who resisted them or who refused to give security to appear before the committee in December. The proceedings of the committee were thus perfectly open; the members had no idea of acting secretly or against order. It was merely that in a time of general confusion they consolidated themselves into a body which was a most effective, though irregular, supporter of the cause of law. The mounted riflemen scoured the country and broke up the gangs of evil-doers, hanging six or seven of the leaders, while a number of the less prominent were brought before the committee, who fined some and condemned others to be whipped or branded. All of doubtful loyalty were compelled to take the test oath. [Footnote: Haywood, p. 58. As Haywood’s narrative is based largely on what the pioneers in their old age told him, his dates, and especially his accounts of the numbers and losses of the Indians in their battles, are often very inaccurate. In this very chapter he gives, with gross inaccuracy of detail, an account of one of Sevier’s campaigns as taking place in 1779, whereas it really occurred after his return from King’s Mountain. There is therefore need to be cautious in using him.]
Such drastic measures soon brought about peace; but it was broken again and again by similar risings and disturbances. By degrees most of the worst characters fled to the Cherokees, or joined the British as their forces approached the up-country. Until the battle of Kings Mountain, the pioneers had to watch the tories as closely as they did the Indians; there was a constant succession of murders, thefts, and savage retaliations.