Chapter V: The Regulator (1)

"Thieves for their robbery have authority,
When judges steal themselves."--

MEASURE FOR MEASURE.

At the conclusion of peace between England and America, in eighteen hundred and fifteen, the Indians, who had been instigated and supported in their hostility by the British, suddenly found themselves deprived of their allies. If they now made war upon the Americans, they must do so upon their own responsibility, and, excepting the encouragement of a few traders and commanders of outposts, whose enmity survived the general pacification, without assistance from abroad. They, however, refused to lay down their arms, and hostilities were continued, though languidly, for some years longer. But the rangers, now disciplined by the experience of protracted warfare, and vastly increased in numbers, had grown to be more than a match for them, so that not many years elapsed before the conclusion of a peace, which has lasted, with but occasional interruptions, to the present day.

When danger no longer threatened the settlements, there was no further call for these irregular troops. The companies were disbanded, and those who had families, as a large proportion of them had, returned to their plantations, and resumed the pursuits of industry and peace. Those who had neither farms nor families, and were unfitted by their stirring life for regular effort, emigrated further west. Peace settled upon our borders, never, we hope, to be seriously broken.

But as soon as the pressure of outward danger was withdrawn, and our communities began to expand, the seeds of new evils were developed--seeds which had germinated unobserved, while all eyes were averted, and which now began to shoot up into a stately growth of vices and crimes. The pioneers soon learned that there was among them a class of unprincipled and abandoned men, whose only motive in emigrating was to avoid the restraints, or escape the penalties, of law, and to whom the freedom of the wilderness was a license to commit every sort of depredation. The arm of the law was not yet strong enough to punish them.

The territorial governments were too busy in completing their own organization, to give much attention to details: where states had been formed, the statute-book was yet a blank: few officers had been appointed, and even these were strangers to their duties and charge of responsibility. Between the military rule of the rangers--for they were for internal police as well as external defence--and the establishment of regular civil government, there was a sort of interregnum, during which there was neither law nor power to enforce it. The bands of villains who infested the country were the only organizations known; and, in not a few instances, these bands included the very magistrates whose duty it was to see that the laws were faithfully executed. Even when this was not the case, it was a fruitless effort to arrest a malefactor; indeed, it was very often worse than fruitless, for his confederates were always ready to testify in his favor: and the usual consequence of an attempt to punish, was the drawing down upon the head of the complainant or prosecutor, the enmity of a whole confederacy. Legal proceedings, had provision been made for such, were worse than useless, for conviction was impossible: and the effort exasperated, while the failure encouraged, the outlaw spirit.

An _alibi_ was the usual defence, and to those times may be referred the general prejudice entertained among our people, even at the present day, against that species of testimony. A jury of western men will hardly credit an _alibi_, though established by unexceptionable witnesses; and the announcement that the accused depends upon that for his defence, will create a strong prejudice against him in advance. Injustice may sometimes be done in this way, but it is a feeling of which our people came honestly in possession. They established a habit, in early days, of never believing an _alibi_, because, at that time, nine _alibis_ in ten were false, and habits of thought, like legal customs, cling to men long after their reason has ceased. It is right, too, that it should be so, on the principle that we should not suspend the use of the remedy until the disease be thoroughly conquered.

In a state of things, such as we have described, but one of two things could be done: the citizens must either abandon all effort to assert the supremacy of order, and give the country over to thieves and robbers, or they must invent some new and irregular way of forcing men to live honestly. They wisely chose the latter alternative. They consulted together, and the institution of _Regulators_ was the result of their deliberations.

These were small bodies of men, chosen by the people, or voluntarily assuming the duty--men upon whom the citizens could depend for both discretion and resolution. Their duties may be explained in a few words: to ferret out and punish criminals, to drive out "suspicious characters," and exercise a general supervision over the interests and police of the settlements, from which they were chosen. Their statute-book was the "code of Judge Lynch"--their order of trial was similar to that of a "drum-head court-martial"--the principles of their punishment was certainty, rapidity, and severity. They were judges, juries, witnesses, and executioners.

They bound themselves by a regular compact (usually verbal, but sometimes in writing[77]), to the people and to each other, to rid the community of all thieves, robbers, plunderers, and villains of every description. They scoured the country in all directions and in all seasons, and by the swiftness of their movements, and the certainty of their vengeance, rivalled their predecessors, the rangers. When a depredation had been committed, it was marvellous with what rapidity every regulator knew it; even the telegraph of modern days performs no greater wonders: and it frequently happened, that the first the quiet citizens heard of a theft, or a robbery, was the news of its punishment! Their acts may sometimes have been high-handed and unjustifiable, but on the whole--and it is only in such a view that social institutions are to be estimated--they were the preservers of the communities for whom they acted. In time, it is true, they degenerated, and sometimes the corps fell into the hands of the very men they were organized to punish.

Every social organization is liable to misdirection, and this, among others, has been perverted to the furtherance of selfish and unprincipled purposes; for, like prejudices and habits of thought, organized institutions frequently survive the necessities which call them into existence. Abuses grow up under all systems; and, perhaps, the worst abuse of all, is a measure or expedient, good though temporary, retained after the passing away of the time for which it was adopted.

But having, in the article "Pioneer," sufficiently elaborated the _character_--for the regulator was of course a pioneer also--we can best illustrate the mode of his action by a narrative of facts. From the hundreds of well-authenticated stories which might be collected, I have chosen the two following, because they distinguish the successive stages or periods of the system. The first relates to the time when a band of regulators was the only reliable legal power, and when, consequently, the vigilance of the citizens kept it comparatively pure. The second indicates a later period, when the people no longer felt insecure, and there was in fact no necessity for the system; and when, not having been disused, it could not but be abused. We derive both from an old citizen of the country, who was an actor in each. One of them, the first, has already been in print, but owing to circumstances to which it is needless to advert, it was thought better to confine the narrative to facts already generally known. These circumstances are no longer operative, and I am now at liberty to publish entire the story of "The First Grave."

THE FIRST GRAVE.

At the commencement of the war of eighteen hundred and twelve, between Great Britain and the United States, there lived, in the western part of Virginia, three families, named, respectively, Stone, Cutler, and Roberts. They were all respectable people, of more than ordinary wealth; having succeeded, by an early emigration and judicious selection of lands, in rebuilding fortunes which had been somewhat impaired east of the Blue Ridge. Between the first and second there was a relationship, cemented by several matrimonial alliances, and the standing of both had been elevated by this union of fortunes. In each of these two, there were six or seven children--the most of them boys--but Captain Roberts, the head of the third, had but one child, a daughter, who, in the year named, was approaching womanhood.

She is said to have been beautiful: and, from the extravagant admiration of those who saw her only when time and suffering must have obscured her attractions, there can be little doubt that she was so. What her character was, we can only conjecture from the tenor of our story: though we have reason to suspect that she was passionate, impulsive, and somewhat vain of her personal appearance.

At the opening of hostilities between the two countries, she was wooed by two suitors, young Stone, the eldest of the sons of that family, and Abram Cutler, who was two or three years his senior. Both had recently returned home, after a protracted absence of several years, beyond the mountains, whither they had been sent by their ambitious parents, "to attend college and see the world." Stone was a quiet, modest, unassuming young man, rather handsome, but too pale and thin to be decidedly so. Having made the most of his opportunities at "William and Mary," he had come home well-educated (for that day and country) and polished by intercourse with good society.

His cousin, Abram Cutler, was his opposite in almost everything. He had been wild, reckless, and violent, at college, almost entirely giving up his studies, after the first term, and always found in evil company. His manners were as much vitiated as his morals, for he was exceedingly rough, boisterous, and unpolished: so much so, indeed, as to approach that limit beyond which wealth will not make society tolerant. But his freedom of manner bore, to most observers, the appearance of generous heartiness, and he soon gained the good will of the neighborhood by the careless prodigality of his life. He was tall, elegantly formed, and quite well-looking; and though he is said to have borne, a few years later, a sinister and dishonest look, it is probable that most of this was attributable to the preconceived notions of those who thus judged him.

Both these young men were, as we have said, suitors for the hand of Margaret Roberts, and it is possible that the vain satisfaction of having at her feet the two most attractive young men in the country, led her to coquet with them both, but decidedly to prefer neither. It is almost certain, that at the period indicated, she was sufficiently well-pleased with either to have become his wife, had the other been away. If she _loved_ either, however, it was Stone, for she was a little timid, and Cutler sometimes frightened her with his violence: but the preference, if it existed at all, was not sufficiently strong to induce a choice.

About this time, the elder Cutler died, and it became necessary for Abram, as executor of a large estate, to cross the mountains into the Old Dominion, and arrange its complicated affairs. It was not without misgiving that he went away, but his duties were imperative, and his necessities, produced by his spendthrift habits, were pressing. He trusted to a more than usually favorable interview with Margaret, and full of sanguine hopes, departed on his journey.

Whether Stone entertained the idea of taking an unfair advantage of his rival's absence, we can not say, but he straightway became more assiduous in his attentions to Margaret. He was also decidedly favored by Captain Roberts and his wife, both of whom had been alarmed by the violent character of Cutler. Time soon began to obscure the recollection of the absent suitor, and Stone's delicate and considerate gallantry rapidly gained ground in Margaret's affections. It was just one month after Cutler's departure that his triumph was complete; she consented to be his wife so soon as the minister who travelled on that circuit should enter the neighborhood. But the good man had set out on his circuit only the day before the consent was given, and it would probably be at least a month before his return. In the meantime, Cutler might recross the mountains, and Stone had seen quite enough of Margaret's capriciousness to tremble for the safety of his conquest, should that event occur before it was thoroughly secured.

This was embarrassing: but when a man is in earnest, expedients are never wanting.

There was an old gentleman living a few miles from the valley, who had once held the commission of a justice of the peace, and though he had not exercised his functions, or even claimed his dignity, for several years, Stone was advised that he retained his official power "until his successor was appointed and qualified," and that, consequently, any official act of his would be legal and valid. He was advised, moreover, and truly, that even if the person performing the ceremony were not a magistrate, a marriage would be lawful and binding upon the simple "consent" of the parties, properly published and declared.

Full-freighted with the happy news, he posted away to Captain Roberts, and without difficulty obtained his sanction. He then went to Margaret, and, with the assistance of her mother, who stood in much dread of Cutler's violence, succeeded in persuading her to consent. Without delay, the _cidevant_ magistrate was called in, the ceremony was performed, and Margaret was Stone's wife!

The very day after this event, Cutler returned! What were his thoughts no one knew, for he spoke to none upon the subject. He went, however, to see "the bride," and, in the presence of others, bantered her pleasantly upon her new estate, upon his own pretensions, and upon the haste with which the ceremony had been performed. He started away with the rest of the company present; but, on reaching the door--it was afterward remembered--pretended to have forgotten something, and ran back into the room where they had left Margaret alone. Here he remained full ten minutes, and when he came out walked thoughtfully apart and disappeared. What he said to Margaret no one knew; but, that evening, when they were alone, she asked anxiously of her husband, "whether he was quite sure that their marriage had been legal?" Stone reassured her, and nothing more was said upon the subject.

Cutler had brought with him, over the mountains, the proclamation of the governor of Virginia, announcing the declaration of war, and calling upon the state for its quota of troops to repel invasion. He manifested a warm interest in the enrolling and equipment of volunteers, and, in order to attest his sincerity, placed his own name first upon the roll. A day or two afterward, on meeting Stone, in the presence of several others who had enrolled themselves, he laughingly observed, that the new bridegroom "was probably too comfortable at home, to desire any experience in campaigning:" and, turning away, he left the company laughing at Stone's expense.

This touched the young man's pride--probably the more closely, because he was conscious that the insinuation was not wholly void of truth--and, without a moment's hesitation, he called Cutler back, took the paper, and enrolled his name. Cutler laughed again, said _he_ would not have done so, had he been in Stone's circumstances, and, after some further conversation, walked away in the direction of Stone's residence. Whether he actually entered the house is not known; but when the young husband returned home, a few hours afterward, his wife's first words indicated that she knew of his enrolment.

"Is it possible," said she, with some asperity, "that you already care so little for me as to enrol yourself for an absence of six months?"

Stone would much have preferred to break the news to her himself, for he had some foreboding as to the view she might take of his conduct. He had scarcely been married a week, and he was conscious that a severe construction of the act of enrolment, when there was notoriously not the least necessity for it, might lead to inferences, than which, nothing could be more false. If he had said, at once, that he had been taunted by his old rival, and written his name under the influence of pride, all would have been well, for his wife would then have understood, though she might not have approved his action. But this confession he was ashamed to make, and, by withholding it, laid the foundation for his own and his wife's destruction. He at once acknowledged the fact, disclaiming, however, the indifference to her, which she inferred, and placing the act upon higher ground:--

"The danger of the country," he said, "was very imminent, and it became every good citizen to do all he could for its defence. He had no idea that the militia would be called far from home, or detained for a very long time; but, in any event, he felt that men were bound, in such circumstances, to cast aside personal considerations, and contribute, each his share, to the common defence."

His wife gazed incredulously at him while he talked this high patriotism: and well she might, for he did not speak as one moved by such feelings. The consciousness of deceit, of concealment, and of childish rashness, rendered his manner hesitating and embarrassed. Margaret observed all this, for her jealousy was aroused and her suspicions sharpened; she made no reply, however, but turned away, with a toss of the head, and busied herself, quite fiercely, with her household cares. From that moment, until the day of his departure, she stubbornly avoided the subject, listening, but refusing to reply, when her husband attempted to introduce it. When Cutler came--rather unnecessarily, as Stone thought--to consult him about the organization of a spy-company, to which both were attached, she paid no attention to their conversation, but walked away down a road over which she knew Cutler must pass on his return homeward. Whether this was by appointment with him is not known: probably, however, it was her own motion.

We need not stay to detail all that took place between her and her former suitor, when, as she had expected, they met in a wood some hundreds of yards from her home; its result will sufficiently appear in the sequel. One circumstance, however, we must not omit. She recurred to a conversation which had passed sometime before, in relation to the legality of her marriage; and though Cutler gave no positive opinion, his parting advice was nearly in the following words:--

"If you think, from your three weeks' experience, that Stone cares enough for you to make it prudent, I would advise you to have the marriage ceremony performed by Parson Bowen, immediately upon his return; and if you care enough for him to wish to retain him, you had better have it performed _before he goes away_."

With these words, and without awaiting an answer, he passed on, leaving her alone in the road. When she returned home, she did not mention the subject; and though Parson Bowen returned to the neighborhood quite a week before Stone went away, she never suggested a repetition of the ceremony. When Stone manifested some anxiety on the subject, she turned suddenly upon him and demanded--

"You do not think our marriage legal, then?"

He assured her that he only made the suggestion for her satisfaction, entertaining no doubt, himself, that they were regularly and lawfully married.

"I am content to remain as I am," she said, curtly, and the parson was not summoned.

Five days afterward the troops took up the line of march for the frontier. Hull had not yet surrendered Michigan; but Proctor had so stirred up the Indians (who, until then, had been quiet since the battle of Tippecanoe), as to cut off all communication with the advanced settlements, and even to threaten the latter with fire and slaughter. Ohio, Indiana, and Illinois, were then overrun by British and Indians; for Hopkins had not yet commenced his march from Kentucky, and Congress was still debating measures for protection. Hull's surrender took place on the sixteenth of August, eighteen hundred and twelve, and in the following month, General Harrison, having been appointed to the chief command in the northwest, proceeded to adopt vigorous measures for the defence of the country. It was to one of the regiments organized by him, that our friends from Virginia found themselves attached. They had raised a company of spies, and in this both Stone and Cutler held commissions.

They marched with the regiment, or rather in advance of it, for several weeks. By that time, they had penetrated many miles beyond the settlements, and Harrison began to feel anxious to ascertain the position of General Hopkins, and open communications with him. For this service Cutler volunteered, and was immediately selected by the general. On the following morning, he set out with five men to seek the Kentuckians. He found them without difficulty and delivered his despatches; but from that day he was not seen, either in the camp of Hopkins or in that of Harrison! It was supposed that he had started on his return, and been taken or killed by the Indians, parties of whom were prowling about between the lines of the two columns.

Stone remained with his company two or three months longer, when, the enterprise of Hopkins having failed, and operations being suspended for the time, it was thought inexpedient to retain them for the brief period which remained of their term of enlistment, and they were discharged. Stone returned home, and, full of anticipations, the growth of a long absence, hastened at once to his own house. The door was closed, no smoke issued from the chimney, there was no one there! After calling in vain for a long time, he ran away to her father's, endeavoring to feel certain that he would find her there. But the old man received him with a mournful shake of the head. Margaret had been gone more than a month, no one knew whither or with whom!

A report had been in circulation that Cutler was seen in the neighborhood, a few days before her disappearance; but no news having been received of his absence from the army, it had not been generally credited. But now, it was quite clear!

The old man invited Stone to enter, but he declined. Sitting down on a log, he covered his face with his hands, for a few moments, and seemed buried in grief. It did not last long, however: he rose almost immediately, and going a little aside, calmly loaded his rifle. Without noticing the old man, who stood gazing at him in wonder, he turned away, and, with his eyes fixed upon the ground, took the path toward his own house. He was seen to break the door and enter, but he remained within only a few minutes. On coming out, he threw his rifle over his shoulder, and walked away through the forest. Half an hour afterward, smoke was seen issuing from the roof of the house in several places, and on repairing thither, the neighbors found the whole place in a bright flame! It was of no use to attempt to save it or any of its contents. An hour afterward, it was a heap of smouldering ruins, and its owner had disappeared from the country!

Seven years passed away.

The war was over: the Indians had been driven to the north and west, and the tide of emigration had again set toward the Mississippi. The northwestern territory--especially that part of it which is now included within the limits of Illinois and Indiana--was rapidly filling up with people from the south and east. The advanced settlements had reached the site of Springfield, in the "Sangamon country,"[78] now the capital of Illinois, and a few farms were opened in the north of Madison county--now Morgan and Scott. The beautiful valley, most inaptly called, of the _Mauvaisterre_, was then an unbroken wilderness.

The grass was growing as high as the head of a tall man, where now well-built streets and public squares are traversed by hurrying crowds. Groves which have since become classic were then impenetrable thickets; and the only guides the emigrant found, through forest and prairie, were the points of the compass, and the courses of streams. But in the years eighteen hundred and seventeen, eighteen, and nineteen, the western slope of the Sangamon country began rapidly to improve. Reports had gone abroad of "the fertility of its soil, the beauty of its surface, its genial climate, and its many advantages of position"--and there is certainly no country which more richly deserves these praises.

But the first emigrant who made his appearance here, in the autumn of eighteen hundred and nineteen, was probably moved by other considerations. It was none other than Abram Cutler! And his family consisted of a wife and three young children! That wife was Margaret Roberts--or rather Margaret Stone; for, notwithstanding the representations of Cutler, her union with Stone had been perfectly legal. By what arts he had succeeded in inducing her to elope with him, we can only judge from his previous proceedings; but this is certain, that resentment toward Stone, who, she probably believed, had unfairly trapped her, was as likely to move her impulsive and unstable spirit, as any other motive. Add to this, the wound given to her vanity by the sudden departure of her young husband upon a long campaign, with the acuteness given to this feeling by the arts of Cutler, and we shall not be at a loss to explain her action.

Whether she had not bitterly repented her criminal haste, we know not; but that hardship and suffering of some sort had preyed upon her spirit, was evident in her appearance. Her beauty was much faded; she had grown pale and thin; and though she was scarcely yet in the prime of womanhood, her step was heavy and spiritless. She was not happy, of course, but her misery was not only negative: the gnawings of remorse were but too positive and real!

Cutler was changed almost as much as his victim. The lapse of seven years had added a score to his apparent age; and, if we are to credit the representations of persons who were probably looking for signs of vice, the advance of time had brought out, in well-marked lineaments, upon his countenance, the evil traits of his character. His cheeks were sunken, his features attenuated, and his figure exceedingly spare, but he still exhibited marks of great personal strength and activity. His glance, always of doubtful meaning, was now unsettled and furtive; and I have heard one of the actors in this history assert, that it had a scared, apprehensive expression, as if he were in constant expectation of meeting a dangerous enemy.

Nor is this at all improbable, for during the seven years which had elapsed since the consummation of his design upon Margaret, he had emigrated no less than three times--frightened away, at each removal, by some intimation, or suspicion, that the avenger was on his track! No wonder that his look was wary, and his face pale and haggard!

On this, his fourth migration, he had crossed the prairies from the waters of the Wabash; and having placed the wide expanse of waving plain between him and the settlements, he at length considered himself safe from pursuit. Passing by the little trading-station, where Springfield now stands, he traversed the beautiful country lying between that and the Mauvaisterre. But the alternation of stately timber and lovely prairie had no charms for him: he sought not beauty or fertility, but seclusion; for his pilgrimage had become wearisome, and his step was growing heavy. Remorse was at his heart, and fear--the appealing face of his patient victim kept his crime in continual remembrance--and he knew, that like a blood-hound, his enemy was following behind. It was a weary load! No wonder that his cheeks were thin or his eyes wild!

He passed on till he came to a quiet, secluded spot, where he thought himself not likely soon to be disturbed by emigration. It was sixteen miles west of the place where Jacksonville has since been built, upon the banks of the lower Mauvaisterre, seven miles from the Illinois river. The place was long known as Cutler's grove, but a town grew up around it, and has been christened by the sounding name of Exeter. Those who visit it now, and have heard the story of Cutler, will commend his judgment in selecting it for retirement; for, town as it is, a more secluded, dreamy little place is nowhere to be found. It would seem that the passage of a carriage through its _street_--for it has but one--would be an event in its history; and the only things which redeem it, in the fancy, from the category of visionary existences, are a blacksmith's shop and a mill!

But Cutler's trail was seen upon the prairies, and the course of many an emigrant was determined by the direction taken by his predecessor. It was not long before others came to "settle" in the neighborhood. Emigration was gradually encroaching, also, from the south; families began to take possession of the river "bottoms;" the smoke from frontier cabins ascended in almost every point of timber; and by the summer of eighteen hundred and twenty, Cutler found himself as far from the frontier as ever! But he was resolved not to move again: a dogged spirit--half weariness, half despair--had taken possession of him. "I have moved often enough," he said to Margaret, "and here I am determined to remain, come what may!"

Actuated by such feelings--goaded by a fear which he could not conquer, and yet was resolute not to indulge--the lurking devil in his nature could not long remain dormant. Nothing develops evil tendencies so rapidly as the consciousness of wrong and the fear of punishment. His life soon became reckless and abandoned, and the first sign of his degradation was his neglect of his household. For days together Margaret saw nothing of him; his only companions were the worthless and outlawed; and, when intoxicating liquors could be procured, which was, fortunately, not often, he indulged in fearful excesses.

Of evil company, there was, unhappily, but too much; for the settlement was cursed with a band of desperadoes, exiles from organized society, who had sought the frontier to obtain impunity for their misdeeds. The leaders of this band were three brothers, whom no law could control, no obligation restrain; and with these men Cutler soon formed a close and suspicious intimacy. The eyes of the citizens had been for some time directed toward the companions, by circumstances attending various depredations; and, though unknown to themselves, they were constantly watched by many of their neighbors. It is uncertain whether Cutler was acquainted with the character of the men when his association with them first commenced, for in none of the places where he had lived, had he hitherto been suspected of crime. It is most probable that he sought their company because they were "dissipated" like himself; and that, in the inception of their acquaintance, there was no other bond between them than the habit of intoxication.

Had we time and space, we would fain pause here to reflect upon the position and feelings of the false wife--deserted, in her turn, by him for whom she had given up truth and honor--alone in the wilderness with her children, whose birth she could not but regret, and harassed by thoughts which could not but be painfully self-condemning. But we must hasten on.

In the autumn of eighteen hundred and twenty, information was brought to the settlement, that a store at Springfield (as it is now called), had been entered and robbed--that the leaders of the desperadoes above alluded to, were suspected--and that the goods stolen were believed to be concealed in Cutler's grove, where they lived. Warrants were issued, and the three were arrested; but the magistrate before whom they were taken for examination, was a timid and ignorant man; and by the interference of Cutler, who assumed to be a lawyer, they were examined separately, and allowed to testify, each for the other! An officer who knew no more than to permit this, of course could do no less than discharge them. The arrest and examination, however, crude and informal as they were, confirmed the suspicions of the citizens, and directed them, more vehemently than ever, against Cutler, as well as his friends. It satisfied them, moreover, that they would never be able to reach these men through the ordinary forms of law, and strengthened the counsels of those who had already suggested the organization of a company of regulators.

While these things were fermenting in the minds of the people, the desperadoes, encouraged by their success, and rendered bold by impunity, committed their depredations more frequently and openly than ever. It was remarked, too, that Cutler, having committed himself at the examination of friends, was now more constantly and avowedly their associate; and, since he was not a man to play a second part, that they deferred to him on all occasions, never moving without him, and treating him at all times as an acknowledged leader. The people observed, moreover, that from being, like his neighbors, a small farmer of limited possessions, he rose rapidly to what, on the frontier, was considered affluence. He soon ceased to labor on his lands, and set up a very considerable "store," importing his goods from Saint Louis, and, by means of the whiskey he sold, collecting all the idle and vicious of the settlement constantly about him. His "store" was in exceedingly bad repute, and the scanty reputation which he had retained after the public part he had taken before the magistrate, was speedily lost.

Things were in this state in the spring of eighteen hundred and twenty-one, when an old gentleman of respectable appearance, who had emigrated to this country by water, having been pleased with the land in the neighborhood of the place where the town of Naples now stands, landed his family and effects, and settled upon the "bottom." It was soon rumored in the settlement, that he had brought with him a large amount of money; and it was also remarked that Cutler and his three companions were constantly with him, either at the "Grove" or on the "bottom." Whether the rumor was the cause of their attention, or their assiduity the foundation of the report, the reader must determine for himself.

One evening in May, after a visit to this man, where Cutler had been alone, he came home in great haste, and suddenly announced to Margaret his intention to "sell out," and move further westward! His unhappy victim supposed she knew but too well the meaning of this new movement: she asked no questions, but, with a sigh of weariness, assented. On the following day, he commenced hastily disposing of his "store," his stock, his cabin--everything, in fact, save a few farming utensils, his furniture, and a pair of horses. It was observed--for there were many eyes upon him--that he never ventured out after twilight, and, even in the broad sunshine, would not travel far, alone or unarmed. In such haste did he seem, that he sold many of his goods at, what his friends considered, a ruinous sacrifice. The fame of great bargains brought many people to his counter, so that, within ten days, his arrangements were complete; and, much to the satisfaction of his neighbors, he set out toward the river.

Two of his associates accompanied him on his journey--a precaution for which he would give no reason, except that he wished to converse with them on the way. He crossed the Illinois near the mouth of the Mauvaisterre, and, turning northward, in the evening reached a cabin on the banks of M'Kee's creek, not more than ten miles from his late residence. This house had been abandoned by its former occupant, on account of the forays of the Indians; but was now partially refitted, as for a temporary abode. Here, the people about "the grove" were surprised to learn, a few days after Cutler's departure, that he had halted with the apparent intention to remain, at least for some time.

Their surprise was dissipated, however, within a very few weeks. The old gentleman, spoken of above, had left home upon a visit to Saint Louis; and during his absence, his house had been entered, and robbed of a chest containing a large amount of money--while the family were intimidated by the threats of men disguised as savages.

This was the culmination of villany. The settlement was now thoroughly aroused; and, when one of these little communities was once in earnest, it might safely be predicted that _something_ would be _done_!

The first step was to call "a meeting of the friends of law and order;" but no proclamation was issued, no handbills were circulated, no notices posted: not the least noise was made about the matter, lest those against whom it was to act, might hear of and prepare for it. They came together quietly but speedily--each man, as he heard of the appointment, going forthwith to his neighbor with the news. They assembled at a central point, where none need be late in coming, and immediately proceeded to business. The meeting was not altogether a formal one--for purposes prescribed by law--but it was a characteristic of those men, to do everything "decently and in order"--to give all their proceedings the sanction and solemnity of mature deliberation. They organized the assemblage regularly--calling one of the oldest and most respectable of their number "to the chair" (which, on this occasion, happened to be the root of a large oak), and appointing a younger man secretary (though they gave him no desk on which to write). There was no man there who did not fully understand what had brought them together; but one who lived in the "bottom," and had been the mover of the organization, was still called upon to "explain the object of the meeting." This he did in a few pointed sentences, concluding with these significant words: "My friends, it is time that these rascals were punished, and it is our duty to punish them."

He sat down, and a silence of some moments ensued, when another arose, and, without any preliminary remarks, moved that "a company of regulators be now organized, and that they be charged with the duty of _seeing the law administered_." The motion was seconded by half a dozen voices--the question was put in due form by the chairman, and decided unanimously in the affirmative.

A piece of paper was produced, and the presiding officer called on the meeting for volunteers. Ten young men stepped forward, and gave their names as rapidly as the secretary could enrol them. In less than five minutes, the company was complete--the chairman and four of the meeting, as a committee, were directed to retire with the volunteers, and see that they were fully organized--and the meeting adjourned. All, except the volunteers and the committee, went directly home--satisfied that the matter needed no further attention. Those who remained entered the house and proceeded to organize in the usual manner.

A "compact" was drawn up, by the terms of which the regulators bound themselves to each other, and to their neighbors, to ferret out and punish the perpetrators of the offences, which had recently disturbed the peace of the settlement, and to rid the country of such villains as were obnoxious to the friends of law and order. This was then signed by the volunteers as principals, and by the committee, as witnesses; and was placed in the hands of the chairman of the meeting for safekeeping. It is said to be still in existence, though I have never seen it, and do not know where it is to be found.

When this arrangement was completed, the committee retired, and the company repaired to the woods, to choose a leader. They were not long in selecting a certain Major B----, who had, for some weeks, made himself conspicuous, by his loud denunciations of Cutler and his associates, and his zealous advocacy of "strong measures." They had--one or two of them, at least--some misgivings about this appointment; for the major was inclined to be a blusterer, and the courage of these men was eminently silent. But after a few minutes' discussion, the matter was decided, and the leader was chosen without opposition. They at once dispersed, to make arrangements for the performance of their duties--having first appointed an hour and a place of meeting. They were to assemble at sunset on the same day, at the point where the state road now crosses the "bluff;" and were to proceed thence, without delay, to Cutler's house on M'Kee's creek, a distance of little more than eight miles. There they were to search for the stolen property, and whether they found it or not, were resolved to notify Cutler to leave the country. But under no circumstances were they to take his life, unless it became necessary in self-defence.

The hour came, and with it, to the bluff, came all the regulators--_save one_. But that one was a very important personage--none other, indeed, than the redoubtable major, who was to head the party. The nine were there a considerable time before sunset, and waited patiently for their captain's arrival; though, already, there were whisperings from those who had been doubtful of him in the outset, that he would not keep his appointment. And these were right--for, though they waited long beyond the time, the absentee did not make his appearance. It was afterward ascertained that he excused himself upon the plea of sudden illness; but he was very well again on the following day, and his excuse was not received. The ridicule growing out of the affair, and his reduction from the rank of major to that of captain, in derision, finally drove him in disgrace from the country.

His defection left the little company without a leader; and though they were determined not to give up the enterprise, an obstacle to its prosecution arose, in the fact that no one was willing to replace the absent captain. Each was anxious to play the part of a private, and all had come prepared to discharge the duties of the expedition, to the utmost of their ability. But they were all young men, and no one felt competent to take the responsibility of command.

They were standing in a group, consulting eagerly about their course, and, as one of them afterward said, "nearly at their wits' end," when the circle was suddenly entered by another. He had come upon them so noiselessly, and they had been so much absorbed in their council, that no one saw him until he stood in their midst. Several of them, however, at once recognised him, as a hunter who had recently appeared in the southern part of the county, and had lived a singularly solitary life. No one knew his name, but, from his mode of life, he was already known among those who had heard of him, as "the wild hunter." He was but little above the medium height, and rather slender in figure; but he was well and firmly built, and immediately impressed them with the idea of great hardihood and activity. His face, though bronzed by exposure, was still handsome and expressive; but there was a certain wildness in the eye, and a compression about the mouth, which gave it the expression of fierceness, as well as resolution. He was dressed in a hunting-shirt and "leggings" of deer-skin, fringed or "fingered" on the edges; and his head and feet were covered, the one by a cap of panther's hide, and the others by moccasins of dressed buckskin. At his belt hung a long knife, and in his hand he carried a heavy "Kentucky rifle."

As he entered the circle, he dropped the breech of the latter to the ground, and, leaning calmly upon the muzzle, quietly surveyed the countenances of the group, in profound silence. The regulators were too much surprised to speak while this was going on; and the stranger seemed to be in no haste to open the conversation. When he had finished his scrutiny, however, he stepped back a pace or two, and resuming his easy attitude, addressed them:--

"You must pardon me, my friends," he commenced, "when I tell you, that I have overheard all you have said in the last half hour. I did not remain in that thicket, however, for the purpose of eaves-dropping; but having accidentally heard one of you mention a name, the sound of which touches a chord whose vibrations you can not understand, I remained, almost against my own will, to learn more. I thus became acquainted with the object of your meeting, and the dilemma in which you find yourselves placed by the absence of your leader. Now, I have but little interest in this settlement, and none in the preservation of peace, or the vindication of law, anywhere: but I have been seeking this man, Cutler, of whom you spoke, nearly nine years. I supposed, a few days ago, that I had at last found him; but on going to his house, I learned that he had once more emigrated toward the west. You seem to know where he is to be found, and are without a leader: I wish to find him, and, if you will accept my services, will fill the place of your absent captain!"

He turned away as he finished, allowing them an opportunity for consultation among themselves. The question was soon decided: they called him back--announced their willingness to accept him as their leader--and asked his name.

"My name is _Stone_," he replied.

It was after nightfall when the little party set out from the bluff. They had, then, more than eight miles to travel, over a country entirely destitute of roads, and cut up by numberless sloughs and ponds. They had, moreover, a considerable river to cross, and, after that, several miles of their way lay through a dense and pathless forest. But they were not the men to shrink from difficulties, at any time; and now they were carried along even more resolutely, by the stern, unwavering spirit of their new leader. Having once learned the direction, Stone put himself at the head of the party, and strode forward, almost "as the bird flies," directly toward the point indicated, regardless of slough, and swamp, and thicket. He moved rapidly, too--so rapidly, indeed, as to tax the powers of some of his followers almost too severely. Notwithstanding this swiftness, however, they could not avoid a long delay at the river; and it was consequently near midnight, when, having at last accomplished a crossing, they reached the bank of M'Kee's creek, and turned up toward Cutler's house.

This stood in the centre of a "clearing," some two or three acres in extent; and upon reaching its eastern limit, the little company halted to reconnoitre. Notwithstanding the lateness of the hour, they discovered that the people of the house were still awake; and by a bright light, which streamed through the open door, they could see several men, sitting and standing about the room.

"We shall make a good haul," said one of the regulators; "the whole gang is there." And immediately the party were for rushing forward. But Stone restrained them.

"My friends," said he, "you have taken me for your leader, and must obey my directions."

He then announced his determination to go forward alone; instructing his men, however, to follow at a little distance, but in no case to show themselves until he should give the signal. They agreed, though reluctantly, to this arrangement, and then--silently, slowly, but surely--the advance commenced. The hour had at last arrived!

In the meantime, Cutler and his three friends were passing the time quite pleasantly over a bottle of backwoods nectar--commonly called whiskey. They seemed well pleased, too, with some recent exploit of theirs, and were evidently congratulating themselves upon their dexterity; for, as the "generous liquid" reeked warmly to their brains, they chuckled over it, and hinted at it, and winked knowingly at each other, as if they enjoyed both the recollection and the whiskey--as they probably did, exceedingly. There were four present, as we said--Cutler and the three worthies so often alluded to. These last sat not far from the open door; and each in his hand held a kerchief, or something of that description, of which the contents were apparently very precious; for, at intervals of a few moments, each raised his bundle between him and the light, and then were visible many circular prints, as if made by the coinage of the mint. This idea was strengthened, too, by several piles of gold and silver, which lay upon the table near the bottle, to which Cutler directed no infrequent glances.

They had all been indulging pretty freely in their devotions to the mythological liquid--rewarding themselves, like soldiers after storming a hostile city, for their hardships and daring. There were a few coals in the chimney, although it was early in the autumn; and on them were lying dark and crumpled cinders, as of paper, over which little sparks were slowly creeping, like fiery insects. Cutler turned them over with his foot, and there arose a small blue, flickering blaze, throwing a faint, uncertain light beneath the table, and into the further corners of the room, and casting shadows of the money-bundles on the open door.

If the betrayer could have known what eyes were strained upon him, as he thus carelessly thrust his foot among the cinders, how changed his bearing would have been. Stone had now approached within fifty paces of the house, and behind him, slowly creeping after, were the regulators. A broad band of light streamed out across the clearing from the door, while, on each side of this, all lay in shadow deepened by the contrast. Through the shadows, cautiously and silently came the footsteps of the avenger! There was no trepidation, no haste--the strange leader rather lingered, with a deadly slowness, as if the movement was a pleasant one, and he disliked to end it. But he never halted--not even for a moment--he came, like fate, slowly, but surely!

"Come, boys," said Cutler, and his voice penetrated the stillness quite across the clearing, "let us take another drink, and then lie down; we shall have a long journey to-morrow."

They all advanced to the table and drained the bottle. Cutler drank last, and then went back to the fire. He again stirred the smouldering cinders with his foot, and, turning about, advanced to close the door. But--he halted suddenly in the middle of the room--his face grew ashy pale--his limbs trembled with terror! Stone stepped upon the threshold, and, without speaking, brought his rifle to his shoulder! Cutler saw that it pointed to his heart, but he had not the power to speak or move!

"Villain!" said Stone, in a low, suppressed voice, "your hour has come, at last!"

Cutler was by no means a coward; by any one else he would not have been overcome, even for an instant. As it was, he soon recovered himself and sprang forward; but it was only to fall heavily to the floor; for at the same moment Stone fired, and the ball passed directly through his heart! A groan was the only sound he uttered--his arm moved, as in the act of striking, and then fell to the ground--he was dead!

The regulators now rushed tumultuously into the house, and at once seized and pinioned the three desperadoes; while Stone walked slowly to the hearth, and resting the breech of his gun upon the floor, leaned calmly upon its muzzle. He had heard a scream from above--a voice which he knew too well. Margaret had been aroused from sleep by the report of the gun; and now, in her night-dress, with her hair streaming in masses over her shoulders, she rushed down the rude stairway. The first object that met her wild gaze was the body of Cutler, stretched upon the floor and already stiffening in death. With another loud scream, she threw herself upon him--mingling lamentations for his death, with curses upon his murderers.