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Storyline · 1767–1806

The Hillsborough district superior court, 1767–1806

The district superior court made Hillsborough a court town, and in the Regulator years it became the place where the Regulators' quarrel with the county officers was fought out. Set at Hillsborough by an act of 1767, it first sat in March 1768. Its September 1768 term tried William Butler and Herman Husband and found Edmund Fanning guilty; later terms threw out the Regulators' bills, and in September 1770 about 150 Regulators broke up the court. Shut by the court-law quarrel after 1772, it sat again on March 24, 1778, and Hillsborough kept its hold on the circuit until the act of 1806.

1767–1806 Filed under Law, Courts & Justice 18 dated events

Judge Richard Henderson, who held the Hillsborough court the Regulators broke up in 1770; drawing published 1920
Judge Richard Henderson, who held the Hillsborough court the Regulators broke up in 1770; drawing published 1920T. Gilbert White, in Archibald Henderson, The Conquest of the Old Southwest, 1920; via Wikimedia Commons · Public domain · Source

An act of 1767 divided the province into six districts, each with a superior court, and set the court for the District of Hillsborough, covering Orange and Granville, to sit at Hillsborough each March and September for ten days. The superior court, held by judges who rode from one court town to the next, heard the gravest criminal cases and the larger suits. Orange had lain first in the Halifax and then in the Salisbury district, and Nash records no superior court at Hillsborough before March 1768.

With Governor Tryon's militia in town for the September 1768 term, Chief Justice Martin Howard and Justices Maurice Moore and Richard Henderson tried the Regulator cases. Herman Husband was acquitted; William Butler was fined 50 pounds and sentenced to six months, but Tryon released him and suspended the fines. On September 27 a jury found Edmund Fanning guilty on the King's indictment, and the term acquitted Dennis Bradley of burning the Granville jail. In March 1769 Regulators came to prosecute the officers with little success, though Fanning was formally convicted on the old fee charge. A Regulator petition said that at the September 1769 term the grand jury was hand-picked and the bills against officers were thrown out, and in 1770 justices with suits pending chose the whole jury for the next court. On September 22, 1770 James Hunter handed Henderson a Regulator petition; two days later about 150 Regulators crowded the court, beat the lawyer John Williams and Fanning, and forced Henderson to adjourn. Threats kept the court from sitting in March 1771. It met again that September with about 300 cases on its dockets and entered a suit by James Few against Francis Nash as abated by the plaintiff's hanging. In August 1772 Governor Josiah Martin called the judges to Hillsborough to ask whether the outlawed Regulators could still be tried.

The quarrel between Martin and the Assembly over the court law then shut the courts. Early in 1777 a special court for the district failed to sit when John Penn did not come and John Kinchen would not sit alone. The court law of 1777 again made Hillsborough one of six superior court towns, and on March 24, 1778 Judges Samuel Ashe and James Iredell opened the first term there in five years. Suitors and witnesses often travelled long distances until an 1806 act ordered a session in every county; Hillsborough gave Orange's members a dinner for opposing it.

Towns
Hillsborough
Sites
2
People with pages
22

The events, date by date

Every statement above comes from these dated entries in the chronology. Each links to its source.

  1. Hillsborough is made the seat of a superior court district An act dividing the province into six districts and establishing a superior court of justice in each set the court for the District of Hillsborough at Hillsborough, for the counties of Orange and Granville, on the twenty second day of March and September, each term to run ten days. Nash records that no superior court sat at Hillsboro until March 1768, the town having belonged first to the Halifax and then to the Salisbury district. Place: HillsboroughSearch the index · Documenting the American South: Acts of the North Carolina General Assembly, 1767-1768
  2. The superior court sits at Hillsborough for the first time Nash writes that no superior court was held at Hillsborough before the March 1768 term. Until then Orange lay first in the Halifax and later in the Salisbury district. Place: HillsboroughSearch the index · Nash, Hillsboro, Colonial and Revolutionary (1903), p. 6
  3. Chief Justice Martin Howard and two associate justices hold the Hillsborough superior court term Martin Howard, Maurice Moore and Richard Henderson sat at the Hillsborough District Superior Court term in which Edmund Fanning was found guilty and Regulators including William Butler were tried. People: Martin Howard, Maurice Moore, Richard Henderson, Edmund Fanning, William Butler (Regulator), Herman Husband Place: HillsboroughSearch the index · Documenting the American South, Colonial and State Records: Minutes of the Hillsborough District Superior Court, September 22 to October 1, 1768
  4. A Hillsborough jury finds Edmund Fanning guilty on an indictment In the same superior court term that tried the Regulator leaders, the King's indictment against Edmund Fanning went to a jury on September 27, which found him guilty. The day before, Herman Husband had surrendered William Butler to the court, and both men entered 500 pound bonds to abide its sentence. People: Edmund Fanning, Herman Husband, William Butler (Regulator), Richard Henderson, Maurice Moore, Martin Howard Place: HillsboroughDocumenting the American South, Colonial and State Records: Minutes of the Hillsborough District Superior Court, September 22 to October 1, 1768
  5. Dennis Bradley is acquitted at Hillsborough of burning the Granville jail At the September 1768 superior court at Hillsborough, which also tried the Regulator cases, Dennis Bradley was tried for burning the Granville County jail and acquitted. Place: Hillsborough · Also named: Dennis BradleySearch the index · Internet Archive: Bassett, The Regulators of North Carolina (1765-1771) (1896), p. 180
  6. William Butler is convicted of riot at the Hillsborough superior court With Governor Tryon's militia in Hillsborough for the September 1768 term, the superior court tried the Regulator cases. Herman Husband was acquitted; William Butler was found guilty on two counts and sentenced to a fine of 50 pounds and six months in prison, but Tryon released him and suspended the fines. People: William Butler (Regulator), Herman Husband, William Tryon, Samuel Devinney Place: HillsboroughSearch the index · Documenting the American South: John Spencer Bassett, The Regulators of North Carolina (1765-1771)
  7. The March 1769 superior court at Hillsborough hears the Regulators' cases against the officers With no troops in town, many Regulators came to the March 1769 court to prosecute the officers, with little success. James Hunter's case was continued, and Fanning was tried again on the old fee charge and formally convicted. Herman Husband had already been acquitted at the September 1768 term. People: Herman Husband, James Hunter, Edmund Fanning Place: HillsboroughInternet Archive: Bassett, The Regulators of North Carolina (1765-1771) (1896), p. 182 · Also: Internet Archive: Hermon Husband, An Impartial Relation
  8. Regulators' complaints against Orange officers are thrown out at the Hillsborough superior court According to a Regulator petition that Husband printed, neither the chief justice nor the attorney general came to the September 1769 term. The deputy attorney and both associate judges lodged with the man the Regulators blamed for their troubles, the grand jury was hand-picked, and no petty jury trials of officers were held. A bill against the clerk of the county court for taking 3 pounds 4 shillings 6 pence on a common attachment was returned ignoramus with the others, and the deputy refused to hear William Butler. People: William Butler (Regulator) Place: HillsboroughInternet Archive: Hermon Husband, An Impartial Relation (1770), ed. William K. Boyd, North Carolina Historical Review 3 (1926), p. 280
  9. Orange justices with cases pending pick the jury for the Hillsborough superior court According to the Regulators' Continuation, after their complaint to the Assembly brought a fairer jury to one court, the county justices who had suits pending met early on the first day of the inferior court and chose the whole jury for the next superior court, mostly officers like themselves. The other justices quarreled with them the next day but could not undo it. People: Herman Husband Place: Orange County court, HillsboroughInternet Archive: Hermon Husband, A Continuation of the Impartial Relation (1770), ed. Archibald Henderson, North Carolina Historical Review 18 (1941), p. 75
  10. James Hunter presents a Regulator petition to Judge Henderson on the first day of the Hillsborough court On Saturday, the first day of the September 1770 Hillsborough superior court, James Hunter presented Judge Richard Henderson with a petition signed by many Regulators. Henderson put off his answer until Monday, the day the Regulators crowded the courtroom and broke up the court. People: James Hunter, Richard Henderson Place: HillsboroughSearch the index · Documenting the American South: Colonial and State Records of North Carolina, Letter from Richard Henderson to William Tryon (Sep 29, 1770)
  11. Regulators disrupt the Hillsborough Superior Court About 150 Regulators crowded the Hillsborough Superior Court, beat the lawyer John Williams, Edmund Fanning and others, and forced Judge Richard Henderson to adjourn; he fled that night. The next day the crowd tore down Fanning's house and wrote mocking judgments on the court docket. People: Herman Husband, Edmund Fanning, Richard Henderson, Alexander Martin, Thomas Hart, John Williams Place: HillsboroughColonial and State Records of North Carolina, vol. 8, pp. 241-244: Letter from Richard Henderson to William Tryon, September 29, 1770
  12. Regulator threats keep the Hillsborough superior court from sitting At the March 1771 term the Hillsborough District superior court recorded that the Regulators led by Herman Husband, James Hunter, Rednap Howell, William Butler and Samuel Devinney, who had broken up the September court, were still threatening judges, lawyers and officers, so none attended. The court was continued to September 1771. People: William Butler (Regulator), James Hunter, Herman Husband, Rednap Howell, Samuel Devinney Place: Hillsborough · Also mentions: Hillsborough DistrictSearch the index · Documenting the American South: Colonial and State Records, Minutes of the Hillsborough District Superior Court, March 1771
Show all 18 dated events
  1. The Hillsborough superior court holds its first term since the 1770 riot For the first time in a year and a half the district court sat at Hillsborough, with Judges Maurice Moore and Richard Henderson presiding and about 300 cases on its dockets. Thomas Clark qualified as clerk, and a suit by James Few against Francis Nash was entered as abated by the plaintiff's hanging. People: Maurice Moore, Richard Henderson, Francis Nash, James Few Place: Hillsborough · Also named: Thomas ClarkNash, Hillsboro, Colonial and Revolutionary (1903), p. 31
  2. Governor Martin summons the judges to Hillsborough over the cases of the outlawed Regulators After Regulator leaders offered to surrender, Martin called the judges to Hillsborough and asked in writing whether their outlawry could be completed and whether they could still be tried. Writing from Hillsborough on August 30, he told London the troubles had been provoked by extortion from attorneys, clerks and other officers. People: Josiah Martin, Richard Henderson, Martin Howard, James Hunter Place: HillsboroughSearch the index · Documenting the American South (Colonial and State Records): Letter from Josiah Martin to Wills Hill, Marquis of Downshire, August 30, 1772
  3. A special Hillsborough District court fails to sit when John Penn does not appear Governor Richard Caswell named John Kinchen and John Penn judges of a special court of oyer and terminer for the Hillsborough District. Penn did not come, Kinchen would not sit alone, and no court was held. People: John Kinchen, John Penn, Richard Caswell Place: Hillsborough · Also mentions: Hillsborough DistrictSearch the index · NCpedia: Kinchen, John (Henry W. Lewis, Dictionary of North Carolina Biography, 1988)
  4. The court law of 1777 makes Hillsborough one of six superior court towns A court law of 1777 divided the state into six districts, each with a superior court to sit twice a year at its court town: Wilmington, Newbern, Edenton, Halifax, Hillsborough and Salisbury. Boyd notes the hardship this put on suitors and witnesses, who often travelled long distances, until an 1806 act ordered a session in every county. Place: HillsboroughSearch the index · Internet Archive: R. D. W. Connor, William K. Boyd and J. G. de Roulhac Hamilton, History of North Carolina (1919), vol. 2, p. 66
  5. The superior court sits at Hillsborough for the first time in five years Judges Samuel Ashe and James Iredell opened the March 1778 term in the old courthouse, with Waightstill Avery prosecuting and John Henderson of Granville as grand jury foreman. The district court had not sat since September 1772, when the quarrel between Governor Martin and the Assembly over the court law shut the courts. People: Samuel Ashe, James Iredell, Waightstill Avery Place: Hillsborough · Also named: John HendersonSearch the index · Nash, Hillsboro, Colonial and Revolutionary (1903), p. 69 · Also: Lefler and Wager, Orange County, 1752-1952
  6. Hillsborough dines Orange County's members for opposing the new court law The 1806 act ordering a superior court session in every county twice a year ended the old court towns' hold on the circuit, and lawyers, court officers and the court towns fought it. At Hillsborough the representatives of Orange County were given a dinner and toasted as a testimonial of approval for their firm opposition to the new judiciary system. Place: HillsboroughSearch the index · Internet Archive: R. D. W. Connor, William K. Boyd and J. G. de Roulhac Hamilton, History of North Carolina (1919), vol. 2, p. 67

Places in this storyline

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Map tiles © OpenStreetMap contributors. Site locations from the N.C. State Historic Preservation Office survey, Open Orange, Orange County GIS, OpenStreetMap and a few other published sources named on each site’s page; town and community pins show approximate locations.

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Reading on the places and people in this storyline

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About Orange County jail, Hillsborough · named in one of this story’s entries

Account for Guarding One Prisoner in the Goal

North Carolina. Office of Archives and History. Division of Archives and Records Management · 1768

Account from 1768 for the cost of guarding one prisoner in the jail, a document from the Regulator troubles in Orange County, when backcountry settlers rose against royal officials they accused of extortionate fees and false records. Two images.

NC Digital Collections record courtesy of the North Carolina Department of Natural and Cultural Resources.

Session of November-December 1796: House Bills: December 13

North Carolina. General Assembly · 1796

House bills of 13 December 1796, among them a rejected bill for a district jail in the town of Hillsborough and a bill for separate elections and general musters in Orange County. Others concern inspectors, clearing the Yadkin River, and sheriffs. Thirty images.

NC Digital Collections record courtesy of the North Carolina Department of Natural and Cultural Resources.

Session of November-December, 1771: Bills; December 7, Bill for erecting in the town of Hillsborough a public jail and jailer's house or the District of Hillsborough in this province

1771

A bill of December 7, 1771 proposing a public jail and a jailer's house at Hillsborough for the Hillsborough District, four images among the bills of the colonial assembly session of November and December 1771 in the State Archives of North Carolina.

NC Digital Collections record courtesy of the North Carolina Department of Natural and Cultural Resources.

About Orange County Courthouse, Hillsborough · named in one of this story’s entries

Index to Orange County Courthouse murals : completed in 2004 for Orange County's 250th anniversary observance by Chapel Hill artist Michael Brown and sponsored by attorneys in Orange and Chatham county : Joe Buckner, chief judge, District Court

2004 · Chapel Hill Historical Society

Folded guide to the six mural panels painted in the Orange County Courthouse at Hillsborough by Chapel Hill artist Michael Brown for the county's 250th anniversary in 2004, three on the east wall and three on the west. Sponsored by attorneys practicing in Orange and Chatham counties and issued by the Chapel Hill Historical Society, the sheet describes the county history and social customs each panel depicts. One illustrated sheet of six pages.

UNC

A note on the Hillsborough tower clock.

1976 · National Association of Watch and Clock Collectors, Inc

Four pages on the tower clock at the Orange County courthouse in Hillsborough, printed with illustrations in the bulletin of the National Association of Watch and Clock Collectors for August 1976. The compilers credit information from J. M. Atwater of Greensboro and Frank Albright, the retired curator of Old Salem.

UNC

The Orange County bond issue concerns you.

1949

Campaign literature from 1949 urging Orange County voters to back a bond issue covering courthouse and school buildings. Eight unnumbered pages with illustrations, some in color, and a map, 21 cm.

UNC

More about the Hillsboro clock

Nash, Frank, 1855-1932 · 1932

Frank Nash's short piece on the Hillsborough town clock, pages 88 and 89 of a 1932 publication. Nash, a Hillsborough lawyer and local historian who died that year, adds to the story of the town's famous eighteenth-century clock, now in the courthouse cupola.

UNC

About Herman Husband · named in 7 of this story’s entries

Correspondence of the Earl of Hillsborough and Governor Martin concerning ammunitions at Fort Johnston, the Powder Act of South Carolina, and insurgents approaching New Bern

1771

Letters between the Earl of Hillsborough and Governor Josiah Martin, dated 1771, on the ammunition stored at Fort Johnston, South Carolina's Powder Act, and reports of insurgents moving toward New Bern. A second letter in the file turns to routine state business, Treasury bills and the birth of a royal prince. Herman Husbands is named. Hillsborough town in Orange County carries the Earl's title.

Journal of the North Carolina assembly, 5 December 1770 - 26 January 1771

1770

The journal of the North Carolina assembly from 5 December 1770 to 26 January 1771, covering appointments, prices, public revenue, grievances, trade, rebellion and the courts. Herman Husbands, Richard Caswell and John Burgwin are among the names, and the session fell in the Regulator years, when the unrest centred on Hillsborough and the Orange County courts.

The sword of peace : Hermon Husbands and Quaker heritage

Couch, Jack · 1974

Jack Couch's 1974 account of Hermon Husbands, the Quaker associated with the Regulator movement, set against the heritage of Cane Creek Monthly Meeting in what is now Alamance County. The Regulator Insurrection of 1766 to 1771 turned on Hillsborough, then the seat of Orange County, where the Regulators broke up the court. Topics include Alamance County history in the eighteenth century.

UNC

A church quarrel and what resulted

White, Julia S. · 1900

Julia S. White's short piece on a quarrel at the Cane Creek Monthly Meeting of Friends and what followed from it, printed in 1900 as pages 90 to 98 of a larger work. The account includes Herman Husbands, 1724 to 1795, and Rachel Wright, linking the episode to the Regulator Insurrection of 1766 to 1771, centered on Hillsborough when Cane Creek still lay in Orange County.

About Richard Henderson · named in 6 of this story’s entries

Dispatches from William Tryon to the Earl of Hillsborough numbered 59-67, enclosing documents concerning the Regulators

2019 · Adam Matthew Digital

Numbered dispatches 59 through 67 from Governor William Tryon to the Earl of Hillsborough, with enclosures about the Regulators, whose protests broke into riot at Hillsborough in 1770. Reproduced by Adam Matthew Digital in 2019 from Colonial Office CO 5/302. The papers touch on the council and assembly, naval stores and trade, oaths, militia and provincial troops, judges, sheriffs and juries, voting, currency, Cherokee affairs, clergy, quitrents and land, and name officials such as Richard Caswell, Richard Henderson, Maurice Moore and Hugh Waddell.

Letters and Dispatches from Josiah Martin to the Earl of Hillsborough and the Lords Commissioners

2019 · Adam Matthew Digital

Dispatches from Josiah Martin, the last royal governor of North Carolina, to Wills Hill, Earl of Hillsborough, the secretary of state for the colonies for whom the Orange County seat is named, and to the Lords Commissioners in London. Adam Matthew Digital reproduced the file, Colonial Office CO 5/303 part 1, in 2019. Topics include women, medicine and health, land grants, the courts and litigation, German and Protestant migration to the frontier, the Regulators, riot and treason, salt and alcohol imports, Spanish shipping and crime.

Letters from William Tryon to the Lords Commissioners, enclosing legislation and accounts of the ship 'Brigantine Fox'

2019 · Adam Matthew Digital

Letters from Governor William Tryon to the Lords Commissioners in London, with enclosed legislation and the accounts of the ship Brigantine Fox, reproduced by Adam Matthew Digital in 2019 from Colonial Office file CO 5/300. They show the range of a governor's business: council appointments, judges and courts, assembly acts, cotton manufacturing, poverty, naval stores, rice, tobacco and indigo, currency, the Tuscarora, education, marriage, debt and customs. Hillsborough is among the places named, and people include William Johnston, Richard Henderson, Cornelius Harnett and Samuel Strudwick.

The Star of empire

Henderson, Archibald · 1919 · The Seeman printery

Phases of the westward movement in the Old Southwest, as Archibald Henderson set them out in 1919: the Transylvania colony, Richard Henderson's land company and the career of Isaac Shelby. The Seeman Printery produced the volume, 86 pages with two portraits. Its author held a professorship at Chapel Hill.

Wider background: Law, Courts & Justice · the most widely held histories of the theme this storyline is filed under; they may not discuss it

The Story of the Institute of Government, The University of North Carolina at Chapel Hill

Coates, Albert McKinley · 1981

Albert Coates's own account of the Institute of Government at the University of North Carolina, which he founded, subtitled 'out of a classroom in Chapel Hill' and published in 1981. The 303 pages trace the institute's history and its role in educating North Carolina's public officials.

Memories of an Old-Time Tar Heel

Battle, Kemp Plummer · 1945

Kemp Plummer Battle's memoir, published by the University of North Carolina Press in 1945, 296 pages with plates and portraits. Battle, a lawyer, state treasurer and president of the university from 1876 to 1891, recalls North Carolina manners, customs and public life across the nineteenth century, with Chapel Hill and the university's reopening after Reconstruction at the center.

Reviewed in Journal of American History (1946), The Journal of Southern History (1946).

Communists on Campus

Billingsley, William J. · 1999 · University of Georgia Press

William J. Billingsley's history of the Speaker Ban Law, the 1963 North Carolina statute that barred known Communists from speaking on state campuses, and the fight over it at the University of North Carolina in Chapel Hill. The subtitle sets the scope: race, politics and the public university in sixties North Carolina. It treats academic freedom, anti-communist movements and free speech in the state. University of Georgia Press, 1999, 308 pages with eight pages of plates.

Reviewed in Academe (2000), The American Historical Review (2001), The Journal of Southern History (2001), Journal of American History (2001), The Journal of Politics (2001).

The Good Government Man

Covington, Jr., Howard E. · 2010

Howard E. Covington Jr.'s biography of Albert Coates (1896-1989), the law professor who founded the Institute of Government at the University of North Carolina and led it through its early years. Topics include Coates as a law teacher and the institute's history as a center for the study of public administration in Chapel Hill. Published in 2010 by the University Library at Chapel Hill, 322 pages with 32 pages of plates.

Show 6 more

African Americans of Durham and Orange counties : an oral history

Bolduc, Jean · 2016 · The History Press

Jean Bolduc's collection of oral history interviews with Black residents of Durham and Orange counties, published by The History Press in 2016, 125 pages with photographs and portraits. The narrators are the poet Jaki Shelton Green, civil rights lawyer Floyd McKissick, Walter Jackson, Nate Davis, Brenda Stephens, Diane Wright, Jackie Wagstaff and Michelle Johnson, and a closing chapter deals with the Ku Klux Klan. The interviews document Black life and race relations in the two counties across the twentieth century.

Abstracts of the Minutes of the Inferior Court of Pleas & Quarter Sessions of Orange County, N.C

1966

Abstracts of the minutes of Orange County's Inferior Court of Pleas and Quarter Sessions for 1777 to 1788, the county court of justices of the peace in the Revolutionary years. The abstracts name the people who came before the court. First published in Charlotte in 1966 and later reprinted from Greenville, South Carolina, in three paginated sections with a map.

Dark Tales of the Eno River

Cook, David · 2025 · The History Press

David Cook collects the grim side of the Eno River's past in Orange and Durham counties: ghost stories, crimes, train wrecks and accidents, including the hanging of rebels near the river in 1771, a sawmill accident said to have started a run of hauntings, and a dance one Valentine's Day that ended badly. Published by The History Press in 2025, 141 pages with illustrations.

Jane Crow: The Life of Pauli Murray

Rosenberg, Rosalind · 2017

Rosalind Rosenberg's 2017 biography of Pauli Murray (1910-1985), lawyer, poet and Episcopal priest, raised in Durham. Its six parts follow a Southern childhood, the move to New York, the 1938 application to the University of North Carolina that was refused because Murray was Black (the chapter is titled 'Members of your race are not admitted'), law school and the coining of the phrase Jane Crow, the Cold War years, the push toward 'an NAACP for women', and a late-life ordination. 494 pages with portraits.

Reviewed in The Journal of Southern History (2018).

Chapel Hill, N.C. History of Town Lots (1790-1930s)

Dunaway, Stewart E. · 2014

Deed transcripts for the town lots of Chapel Hill and adjoining land from 1790 to the 1930s, compiled by Stewart E. Dunaway. Each transcript keeps only the working facts: grantor and grantee, price, acreage and the metes and bounds of the parcel. Self-published in 2014 as Issue 1G, 702 pages with maps and facsimiles.

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Friends of the Orange County Public Library. “The Hillsborough district superior court, 1767–1806.” Orange County Indexed, https://focplnc.org/orange-county-books/storylines/district-superior-court-storyline-1767/. Accessed October 22, 2026.

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