USA > South Carolina > Documentary history of the American revolution: consisting of letters and papers relating to the contest for liberty, chiefly in South Carolina, from originals in the possession of the editor, and other sources, V.1 > Part 19
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lift their arms against their injured country, gloriously struggling to enjoy the rights of mankind.
And, whereas, his Excellency the Governor has issued private direc- tions, that all magistrates and militia officers be required to take the oath of allegiance, under penalty of dismission from their several sta- tions, I do hereby declare. that, in point of law, bis Excellency has no authority to make such requisition from persons who have already sworn according to law, when they were invested in offices civil or mili- tary ; and, that it is not only highly unbecoming in his Majesty's repre- sentative to threaten his Majesty's loyal subjects, in order to induce them to do things not warranted in law, but such a conduct is of a most destructive tendency to the good of the King's real service, inas- much as it tends to convince the people that his Majesty's servants in high trust. in America, as well as in Britain, equally conspire to act without authority in law, to the destruction of their just rights and privileges.
And, whereas, the leaders of our unhappy and deceived country, now assembled in arms against the liberties of America, have drawn them into this dangerous and disgraceful situation. by filling their minds with fears and apprehensions that their lives and properties are in danger, from the designs of the Congress, the Honorable the Council of Safety, the General Committee, and the troops under my orders, because they, our said countrymen, have not acceded to our Association : Where- fore, to remove all such ill-founded apprehensions, in the name of, and by the authority vested in me by the Honorable the Council of Fatety, I solemnly declare, that all such apprehensions are actually groundless ; and I also declare, in the name of the Council of Safety, that our said unhappy and deceived countrymen may, in perfect safety of their lives, persons, and property, repair to, and continue to dwell and abide at home, so long as they shall choose to behave peaceably. We shudder even at the idea of distressing them in any shape. We abhor the idea of compelling any person to associate with us. We only with sorrow de- . clare, that any person who will not associate with, and aid and comfort us, in this arduous struggle for our liberties, cannot, by us, be considered as friendly to us ; and, therefore, that we cannot aid and comfort such person, by holding that intercourse and communication with such person as is usually held between friends.
And thus, having, in the name of this Colony, declared the terms upon which peace and safety may be had and enjoyed by our unfortu- nate countrymen as aforesaid, it is my duty also to declare, that I :ba'l march and attack, as public enemies, all and every person in arms, o."
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to be in arms. in this part of the Colony, in opposition to the measures of Congress; and, having, with the utmost patience and industry, gently endeavored to persuade men to a peaceable conduct, I now shall, with equal patience and industry, prosecute military measures with the utmost rigor; and I make no doubt but that, with the assistance of the Almighty-witness of our endeavors to avert the calamities of war-we shall speedily obtain -- the wish of every virtuous American-peace, safety, and security to our rights.
Giveu under my hand, this 13th day of September, 1775, at camp. near Ninety-Six.
WILLIAM HENRY DRAYTON.
MR. CHARLES DRAYTON TO W. H. DRAYTON.
[Original MS.]
CHARLES Towy, Sept. 16th, 1775.
MY DEAR BROTHER :- I received your favor of the 11th September, and I wish it were as much in my power to gratify your wishes, as I am now able to comply with your request concerning you, which I shall do with great pleasure.
I have not time to congratulate you on your military behavior, and but little more than to wish that you will endeavor, to your utmust, to encompass your ends without bloodshed. I hope your popularity there, with a little popularity and policy with regard to your adversaries, may be sufficient.
I can no more at present than make you acquainted with two or three pieces of news in general. Kirkland is on board the man-of-war. One Chayney, who came down with him as his friend and guard, was before the committee. Afterward Capt. McDonald of the Provincials, disguised like a cracker, took Chayney with him about 9 at night to L. W., and by the result of the conversation, his trepanned lordship ad- vises the back country people not to take up arms, unless they think they are full strong enough-if they think they are, they may-and that they will be soon relieved by troops expected to be here soon. Innes has been ordered out of town some days ago, and is on board the man-of-war. The Governor detained the mail above 24 hours in his possession. He has returned to the man-of-war; at the same time bad the cannon at Fort Johnson dismounted. The province, above 200 are
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in possession of it. Some letters by the packet say that. 10 transports and 2 frigates are getting ready for this place, or will sail in a fer days after the packet, for the news has hardly had time to spread yet. Innes was sent to the Fort last night. to know what troops had possession of the Fort. and by whose orders, and whose command. He was truly in- formed they were busy in remounting the cannon yesterday ; and as the Cherokee, an armed sloop that brought in d'Bram, and a barque, were recounoitering yesterday, a brush was expected last night. and, accordingly a reinforcement was sent therc. Three schooners are to be armed, and Williamson's vessel is the first of our naval institution- she wears the long pennant. the other two are not yet determined (tar- dissime). Butler's, when it returns from Philadelphia will. it is in- tended, be another. People in Great Britain are uneasy at Bunker's Hill; but in the spring tumults and insurrections are dreaded.
I am, my dear brother, Yours most affectionatelv. CHARLES DRAYTON.
TREATY OF NINETY-SIX.
[Original MS.]
SOUTH CAROLINA-NINETY-SIX DISTRICT.
Whereas, misunderstandings but too often precipitate men and friends into quarrels and bloodshed, which, but for such misunderstandings. never could have happened : And whereas the present unhappy dis- putes between Great Britain and North America, have unhappily occa- sioned uneasiness between a part of the people living between Broad and Saluda rivers and other adjacent parts, and the other inhabitants of the Colony aforesaid, from misunderstandings as aforesaid. inas- much as.the said part of the people as aforesaid, having tender con- sciences, declined to accede to the Association signed in Congress on the 4th of June last; and the said other inhabitants thereby thinking that the said declining to accede, proceeded from principles and designs, in them the said part of the people, inimical to the proceedings and designs of the said other inhabitants; and that they, the said part of the people, did mean to aid, assist and join the British troops if any should arrive in the Colony aforesaid, during the present unhappy dis- putes as aforesaid : And whereas these are all misunderstandings, and
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it being the sincere wish and desire of all parts of the Colony to live in peace and friendship with each other: Whereforc, for the clearing up of the said misunderstandings, and for the manifestation of the wish and desire aforesaid, Colonel Thomas Fletehall, Captain John Ford, Captain Thomas Greer, Captain Evan MeLaurin, the Reverend. Philip Mulkey, Mr. Robert Merrick and Captain Benjamin Wofford. deputies for, and sent by the part of the people aforesaid, have repaired to the camp of the Honorable William Henry Drayton, Esquire, acting under the authority of the Council of Safety for this Colony; and, for the purposes aforesaid. it is hereby contracted, agreed, and declared by the Honorable William Henry Drayton, in pursuance of powers vested in him by the Honorable the Council of Safety as aforesaid on the one. part, and the deputies aforesaid, in pursuance of powers vested in them by the said part of the people on the other part :
Ist. That the said declining of the 'part of the people aforesaid, to accede as aforesaid. did not proceed from any ill or even unfriendly principle of design, in them the said part of the people, to or against the principles or designs of the Congress of this Colony, or authorities derived from that body, but proceeded only from a desire to abide in their usual peace and tranquility.
2d. That the said part of the people, never did mean to aid, assist or join the British troops as aforesaid ; and hereby it is declared. that if at any time during the present unhappy disputes between Great Britain and North America, any British troops shall or may arrive in this Colony, the deputies aforesaid, for themselves and the part of the people aforesaid, by whom they, the said deputies, are authorized, and whom they do represent, declare that if any British troops as aforesaid, shall arrive as aforesaid, they, the said deputies, on the part of the people aforesaid, shall not, and will not give, yield, or afford, directly or indirectly to, or for the use, advantage or comfort of the said British troops, or any part of them, any aid or assistance whatsoever, or hold with them the said troops, or any part of them, any communication or correspondence.
3rd. That if at any time during the unhappy disputes as aforesaid, any person or persons of the part of the people aforesaid, shall, by dis- course or word, reflect upon, vensure or condemn, or by any conduct oppose the proceedings of the Congress of this Colony, or authorities derived from them, the said Congress, the Council of Safety, or trene- ral Committee, as the case may be. shall, without being deemed to give any umbrage to the part of the people aforesaid. send to any of the deputies aforesaid to make requisition, that any and every such person
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or persons as aforestid, offending in any of the premises aferesaid, against the proceedings of the Congress or authorities aforesaid. may, and shall be delivered up to the authority of the Congress, or the tri- bunal under that authority, to be questioned and tried and proceeded against. according to the mode of proceedings by authority of Congress ; and if such person or persons as aforesaid, be not delivered up as afore- said, within fourteen days after requisition as aforesaid ; then, in such case, the Congress or Council of Safety, or General Committee, may, and shall be at liberty to use every means, to apprehend any, and every such person or persons as last aforesaid ; and question, try, and proceed against as aforesaid, every such person or persons as aforesaid.
4th. That if any person or persons who has, or have signed, or shall sign the Association aforesaid, shall, without authority of Congress, molest any person or persons of the part of the people aforesaid, in such case, application shall be made to the said Congress, or Council of Safety, or General Committee, in order that such person or persons so molesting, be punished for, and restrained from molesting as aforesaid.
And it is hereby declared, that all and every person of the part of the people as aforesaid, not offending in or against any of the premises aforesaid, shall, and may continue to dwell and remain at home as usual, safe in their lives, persons, and property. Such being nothing more, than what has been, and is the aim, intention and inelination of the Congress of this Colony, and the authorities under that body.
All persons who shall not consider themselves as bound by this treaty must abide by the consequences.
Done at the camp, near Ninety-Six, this 16th day of September, 1775.
WM. HY. DRAYTON, THO. FLETCHALL, JOHN FORD, THO. GREER, EVAN McLAURIN, BENJ. WOFFORD.
Witness, W.M. THOMSON, ELI KERSHAW, FRANCIS SALVADOR,
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JIR. DRAYTON TO THE COUNCIL OF SAFETY.
¡ Original MS.]
CAMP NEAR NINETY-SIX, September 17th, 1775. To the Honorable the Council of Safety :
GENTLEMEN :- In answer to your favor of the 5th of September, I beg leave to attempt to reconcile what appeared to you somewhat irregular, in my making application for new powers in my letter from Lawson's Fork, and then, in my letter of the 30th of August, my de- claring that I considered myself as vested with the most ample powers from your letter of the 11th of August which I had received when I "wrote mine of the 30th of August.
My assuming and exercising the powers contained in your letter of the 11th, was only in consequence of the event mentioned in the letter from the committee at Augusta, of the 6th of August, viz : " Fletchall's men" in arms "marching to Augusta." When I received that letter. there were no such men, or any men in arms against us, or Augusta, therefore those powers could not be exercised, and I could not possibly, from them, deem myself authorized at every risk, to seize such men as I thought were enemies to the public. But when, on the 29th of August, I found Fletchall's men, that is, those who had signed his As- sociation were. under Kirkland, actually in arms. and, by general account, upon a desigu of marching to Augusta or Fort Charlotte, then I thought the letter of the 11th, was applicable to the time and event; and, accordingly, in mine of the 30th, I declared that I thought my- self authorized to exercise those powers, which, till that time and event, had. from the nature of them, slept. I flatter myself, gentlemen, this conduct will shew. that I mean to execute your orders punctually ; and that I am tenderly cautious not to proceed beyond the powers. with which I am clearly sensible that I have the honor to be invested by you.
In respect to your intended distribution of powder, I beg leave to advise that no powder be distributed into the Fork, or Ninety-Six District.
On Tuesday I found. that the 100 men Cunningham had on. Kauday were but the first of a large party that had been summoned to meet at Neal's Mill, about ten miles over Saluda. . About 3 o'clock on Tuesday. afternoon, I was joined at Ninety-Six by Col. Thomson and a few of his militia. It was Wednesday before I was joined by any of Major
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Williamson's regiment, and it was Thursday, before I was joined by any considerable number of it. In the mean time. the enemy increased in numbers, at least as fast as I did, and by the best accounts I could depend upon. they increased faster. Fletchall joined them on Tuesday night. In the mean time. on Tuesday evening I placed all the troops in camp. about three-fourths of a mile from Ninety-Six. I caused the most exact order to be observed, even in an army composed of militia in a manner. The advanced posts are regularly and punctually kept all around the camp ; and it is not only surprising, but it must be anima- ting to the people of this country. that this army, never in service before, and now about 1,100 strong, obey punctually, keep good order in camp. are cheerful and content-even although we have had constant rains since we have been encamped. Till yesterday, this army did not exceed 900 strong, and by the best accounts I could learn, Fletchall's camp removed to about four miles on the other side Saluda, contained from 1,200 to 1.400 badly armed and under no order or command. Our people were impatient to be led against them-but as I saw if I ad- vanced to attack. many lives must be lost, and I found I had a perfect command over our people, and could keep them together as long as 1 pleased-as I had every reason to think the enemy being under no com- mand, and having no regular supplies of provision, and the weather being bad, that they could not keep long together, and that having their greatest influx, their numbers would then ebb and diminish ; these considerations determined me, with the perfect approbation of Col. Thomson, Maj. Williamson and Capt. Hammoud, to continue en- camped, and to watch their motions. With this view, I put every thing in practice to persuade the enemy that I would persevere in this plan ; and, among other devices, I sent a letter directed to Col. Rich- ard-on, in order that they should intercept it. I put forth a declaration on the 13th, which I enclose, together with the affidavit on which I grounded it. The declaration was publicly read in their camp the next day. This, together with a series of negociations, procured a deputation from their camp to me : and yesterday the deputies being in my camp, I drew up. and. with them. signed the enclosed instrument dated the 16th of September. I beg leave to inform you, that in the Governor's letter to Moses Kirkland, of the 29th of August, he declares that he has twice represented to Lord Dartmouth. the "very meritorious con- duct of the gentlemen in the back country," and that "he shall not fail by the next packet to mention the fresh proof of their zeal for the King's service." Is not this Governor Martin over again? Was it not in consequence of such information, that Martin had orders to arm
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one part of his province against the other! Depend upon it, this mes- sage in the Governor's letter is fact. I shall endeavor to procure an exact copy of that letter. To give the lie direct to the Governor's in- formation at home, this instrument is exactly calculated. And it will clearly demonstrate under the parties own hands. that so far from their being a party in favor of the King, and inimical to us, they are not even unfriendly to our designs, nor will they hold any communication with the King's troops. And, in addition to all this, they are bound, neither by word or action, to censure, or oppose proceedings of Con- gress, &c., and, if any offend, they are bound to relieve them, or allow us to take them. With this treaty, the spirit of discord is gone forth among them, and there is now a great quarrel between Fletchall and Cunningham. All the people in a manner approve of Fletchall's con- duct, and they are, this morning, all gone off with him. Cunningham is now left at their comp with only about 60 men. who, I suppose. will soon disperse. I am persuaded Fletchall and his people will be true, and I make no doubt but that the affair is now crushed. I have em- ployed people to watch Cunningham, and if he offends, he will be delivered up or taken by us to be proceeded against. Kirkland stands excepted from the benefit of the treaty-they have nothing to do with him, they disclaim all communication with him. And I continue to pursue him. It is apprehended he may get on board the man-of-war, This settlement of the affair, gentlemen, I hope will meet with your approbation. At any rate, I assure you I have proceeded in it with the utmost caution and deliberation.
But, after all, I assure you our safety is utterly precarious while the Governor is at liberty. He animates these men-he tempts them- and although they are now recovered, yet their fidelity is precarions, if he is at liberty to jog them again, and lay new toils for them. Gen- tlemen, allow me, in the strongest terms, to recommend that you make hostages of the Governor and the officers. To do this, is not more dangerous to us than what we have done. It will secure our safety, which. otherwise, will be in danger. I would also recommend that the trade with the country be opened. It will give infinite satisfaction: It will convince every person of the rectitude of our designs. It will obliterate a distinction, which, now if permitted to remain, will give Fletchall's people room to sell their provision, &c., to the King's troops, and thus renew a communication ; and, indeed, if we will not trade with them, we cannot in conscience blame them for trading with those who will trade with them. And this seems to correspond with the spirit of
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the Resolution of the General Committee, August 23rd-" but also to give such assurances," &c., &c. I am clearly of opinion, that upon the instrument of the 16th of September, such a relaxation might be grounded. I am persuaded it will be attended with the most salutary consequences ; and, therefore, I do most heartily recommend that it may be done. But, above all things, I think it is my duty most strongly to represent, that the Governor should be taken into cus- tody.
I beg leave also to represent, that the declaration of the 13th, and the instrument of the 16th instant, be not only printed generally in the Gazettes, and in sheets to be immediately, by the Committee of Intel- ligence, circulated throughout the Colony, to give general notification thereof, which is greedily desired, and to prevent erroneous copies; but that they be published in England for this reason, they will show that no part of the people of this Colony are even unfriendly to the designs of Congress ; that none of the people will encourage any per- son, eren by word. to condemn our proceedings. that all offenders shall be delivered up to punishment ; that no part of the people will even hold any communication with the King's troops. All this will be in direct contradiction to the Governor's representation of the meritorious conduct and zeal of Fletchall's people for the King's service. And for all this to appear is of infinite importance ; and infinitely preferable to our having put a part of those people to the sword ; which would not only have laid the foundation for lasting animosities, but would con- vince the administration that the Governor's representations were true. that there was a strong party here against the Congress. all which would invite them to send a strong body of troops here: and that very early.
I now hear that all Cunningham's party are dispersed. I began this letter in the morning, and I am now writing by the light of lightwood ; and yet I have lost no time in proceeding with my letter. To-morrow I shall discharge the militia. To-day I returned the army public thanks-they are, really, a fine body of men.
I enclose a letter from Mr. Wilkinson ; I mean to stay here with the rangers some days, to watch the consequences of the violence men- tioned in that letter. In the mean time. I shall. to-morrow, send off a company of rangers, in order to quiet the fears of the people above, but with orders not to advance any thing near the Indian line. I have not yet seen Pearis and his Indians, but I expect to see them in a few days, after which I shall return to Charles Town. I have sent a letter
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4
to Wilkinson, assuring him that all possible inquiry shall be made to find the offenders against the Indians, and that justice shall be done.
I have the honor to be, gentlemen, Your most obedient servant, WM. HY. DRAYTON.
EDWARD THORNBROUGH TO HENRY LAURENS.
[Original .MIS.]
JAMES' SLOOP, REBELLION ROAD, S. C., Sept. 19th, 1775.
SIR :-- In answer to your letter of this day, I have only to say, that I would not offer such an affront to your judgment, as to give reasons for my conduct, which I think must be obvious to you ; and you may be assured. that whilst I have the honor of commanding one of His Majesty's ships, I am determined to have the assistance of a pilot ; and every necessary supply, by force, if I cannot obtain them in an amicu- We way. which I shall ever prefer.
I am, sir, Your most humble servant, EDWD. THORNBROUGH.
MR. DRAYTON TO MR. CUNNINGHAM.
[From Copy Original MS.]
NINETY-SIX, Sept. 21st, 1775.
Robert Cunningham, Esy.
SIR :- My only intention in coming into the country was to promote peace, and to ascertain whether there were any people possessed of a disposition to run counter to, and to oppose the efforts of America, and to lift their arms against their country, their old acquaintances, and . . their friends and relations, in order to assist British troops if any should arrive here.
It was, therefore, with the highest pleasure, that on the 16th instant, I, together with Colonel Fletchall and other gentlemen, signed an in- "trument of writing, fully clearing up all the particulars above men- tioned. As I cherish the best opinion of the honor of Colonel
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Fletchall. and the gentlemen who signed after him, so I persuade my- self they will do all in their power to execute what they have contracted. as I shall do on my part. But it was with concern, that I have heard that you do not hold yourself as included in the above instrument of writing, and that you will not be bound by it. I am sincerely inclined to believe that these are not your sentiments ; I do most heartily wish that it will turn out the information is erroneous. I, therefore, sir, entreat that you will, as soon as may be, favor me with an answer to this letter, assuring me that you hold yourself as included in the above instrument of writing. Such a conduct in you will give me particular pleasure. But that I may be under no mistake, I am sorry to be under a necessity of saying. that unless I shall be favored by you as above, common sense will dictate to me, that you do not hold yourself as in- cluded in the above instrument of writing.
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