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[393]

But Tryon and Fanning were bent on revenge.

Chap. XLVI.} 1771. March
On the eleventh of March the Court opened at Newbern; with willing witnesses and a unanimous Grand Jury, sixty-one1 indictments were readily found for felonies or riots, against the leading Regulators in Orange County, who lived two hundred miles off, and many of whom had been at home during the riots of which they were accused. By law, criminal jurisdiction belonged in the first instance to the district within which offences were charged to have been committed; every one of the indictments was illegal;2 and yet those charged with felony must appear within sixty days, or a vain and merciless Governor will declare them outlaws.

Armed with this authority to proscribe the principal men among the Regulators, Tryon next received the Grand Jury at the Palace, and volunteered to them to lead troops into the western counties.3 The obsequious body, passing beyond their proper functions, applauded his purpose; and the Council acquiesced. To obtain the necessary funds, which the Legislature had refused to provide, Tryon created a paper currency by drafts on the Treasury.

The Northern Treasurer declined to sanction the

April
illegal drafts; and in consequence, the Eastern counties took no part in the scenes that followed; but the Southern Treasurer complied. From Wilmington a body of militia under the command of Waddel, was

1 Tryon to Hillsborough, 12 April, 1771.

2 Opinion of Maurice Moore, one of the Associate Judges. Jones's Defence, 60.

3 Tryon to Hillsborough, 1771.

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