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.