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.2 > Part 22
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I am, sir, your obedient servant, JOHN MATTHEWS.
NO NAME (SUPPOSED TO BE GEN. GADSDEN) TO GOV. MATTHEWS.
[Horry Ms.]
October 16, 1782.
MAY IT PLEASE YOUR EXCELLENCY :
As your Excellency has taken the whole matter of the late agreement with the British on yourself, and that by the executive authority, and executive, &c., mentioned in the fourth article, your Excellency is to be understood. I was in doubt with myself (and took a day or two to
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consider further of it) whether there would be occasion to trouble your Excellency with the little mentioned; but, as I still unhappily differ from your Excellency in opinion, and am persuaded, if from nothing else, from the want of precisiou, at least, in the expression of that article, the State at large will be led to think the Privy Council are made a party thereto, and, of course, myself, a member thereof. As 1 dislike the agreement, very cogent reasons oblige me to send your Excellency my formal disapprobation thereof, nearly in the words. I drew immediately a rough sketch on seeing it, which I then showed to those gentlemen of the Council I mentioned to your Excellency, and should have sent it to your Excellency had not the Council been sum- moned so soon. The doctrine broached at the last Council, which I never heard or suspected before, that the Privy Council is in no case part of the executive, is, in my opinion, very alarming; it tends to make them insignificant, and the next step is, when an opportunity offers, to expunge that body altogether from the Constitution, and pre- pare the way to reduce this Government to a kind of Principality. I have frequently, in the Assembly, taken notice how great an eye-sore the Privy Council seemed to be to some gentlemen amongst us, and what indirect strokes were aimed at them. That the Governor is the sole ostensible executive of the State, is readily granted; further, that in all acts wherein he is not particularly retrained by law, he may be said to be absolutely so; but, in such laws wherein it is expressly directed that he shall not act but by the advice and consent of the Privy Council, there they are certainly part of the executive. For I have ever learned, that whatever is essentially necessary to a thing, that that thing cannot exist without it, most belong to it and participate of its nature-so in this last case, whenever the law requires that when a Governor is inclinable to a certain executive act, that executive act shall not be done but by the advice and consent of the Privy Council. If it be done without such advice and consent, it is illegal; therefore, they are certainly a sine qua non to make the Governor act legally in such instance, and, consequently, in such cases, are a necessary part of the executive, and the individual members thereof may be said to be parties thereof. What confusion this can occasion, or how by this omission there can be ten Governors in this State instead of one, not- withstanding what a learned, or any number of learned lawyers what- ever may say, I cannot conceive. Besides, in case of the death of a Governor, during the recess of the Assembly, will not the Lieutenant- Governor immediately succeed, and, in case of his death, too, one of Privy Council? Does not this show they belong to the executive?
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Their participation of the executive is but sometimes in particular cases, and that only internally or privately (as a Privy Council) without any external authority whatever; this belongs solely to the Governor or Commander-in-Chief. This, or something like it, I take to be the in- tention of the words in the eleventh article of the Constitution "in manner herein mentioned," placed immediately after to modify and re- strain the words " that the executive authority be vested in the Gover- nor and Commander-in-Chief;" otherwise, those words must be alto- gether nugatory, and put for no purpose whatever. I will now bey leave to trouble your Excellency with the letter already mentioned. ". May it please your Excellency --- I have seen the agreement with the British, dated the 10th, and find by its fourth clause that, as a particle of the executive, though unconsulted, I seem to be made a party therein to promote its acceptance with the public, which occasions my troubling your Excellency by letter, as my conscience and duty oblige me to declare that I disapproved almost every article. Indeed. I am not able to see any pressing occasion we had for any further meeting with the enemy's commissioners, after the last, convened at their request, broke up, which I was not sorry for, as we have so greatly the advantage of them, in point of British property, to lay our hands on when we please. This they well knowing, no doubt occasioned so much anxiety on their side for a further meeting. The agreement itself appears to me ex- tremely injurious to the public, and fear it will involve us in endless ill consequences. With British lawsuits, no doubt, our courts will be filled; but these are trifles to what might be mentioned. The excep- tion in the first article is not only, in my humble opinion, imprudent and impolitic with regard to ourselves; but, when taken with the second, has an unfriendly (if not inimical) aspect towards our sister States. Its eighth article is, in the last degree, humiliating. The great- est and tenderest care seem to be taken of the British interest, honor, and even delicacy, throughout the agreement, while our rights, and what is essential to our honor and interest, are totally omitted, or not mentioned with that unequivocal plainness and precision, and that de- cisive firmness we had room to expect. The whole agreement carries such manifest appearance of timid and over-cautious fear of offending the British. that instead of hastening, it has a natural tendency, when considered with the situation of the State for this last campaign, to retard their departure to the last moment they possibly can, in hopes that (as only interior disadvantages on their side oblige them to think of an evacuation) some external good luck may turn up in the interim, to bring about a recall of their orders. The plentiful markets and
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great trade they have already had with our people during the whole summer, the prospect of still greater when the crops come in, together with no small advantages they may promise to themselves if they can but stay, to dabble through their emissaries at our ensuing election. must of themselves be strong allurements to a watchful enemy not to hurry away until it is absolutely unavoidable; and must not their in- ducements be still stronger when they consider what is too glaring to escape them, the lax situation of our Government for want of courts, notwithstanding the parade of an Assembly sitting at Jacksonborough. The preference too currently given them, of all kind of necessaries for their specie and goods, rather than to our own army, which has been more than once in want, even of our common staple, rice, and beef, for several days tegether (and I wish I may not soon experience more alarming wants than any they have hitherto felt, if something more vigorous than in terrorem threats are not speedily and resolutely fallen upon) is no small addition to their other advantages. Above all. are not the enemy sure that our army cannot compel them to go away. or restrain them from making incursions almost anywhere for many miles, but just about the spot they occupy? These must be great in- citements for them to stay, if possible. The first article will be of more service than ever, as having experienced, they can put a confidence in them, and of the most dreadful consequences to us, by having such powerful arguments to induce others to join them, and exert themselves to the utmost to do us as much mischief as they possibly can, finding they will thereby recommend themselves the more to the British, and stand the better chance to insure them protection upon a pinch. In my humble opinion, better the whole value of these fellows should be lost altogether than that the public should countenance so dreadful a mischief.
" My duty to the State, and regard to my own reputation, (not desir- ing to be looked upon as a party to promote what I disapprove of. ) has extorted this letter from me, which I hope will not give your Excel- lency any offence, which is far from my intention; for believe me, sir, no man more sincerely wishes that your administration, in these very difficult times, may prove not only serviceable to the public, but also honorable to yourself, and meet with general applause, than I do. I had some thoughts of reserving my opinion on this measure in my own breast till the Assembly sat : bat, upou further consideration, it appeared uncandid to your Excellency, and looked too much like cunning, which I abhor.
" I am, with great respect, your Excellency's &c., &c.,
" C. G."
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N. B .- The former part of this letter does not enter into the merits. whether the Governor had a right to exercise that particular act of agreement with the British solely of himself; but only takes up Mr. Rutledge's assertion in the Governor's favor, that the Privy Council were a part of the executive in no case whatever.
GEN. GADSDEN TO GEN. MARION.
[ Horry MIS.]
(NEAR THE GOVERNOR'S QUARTERS), October 21, 1782.
DEAR SIR :
Your favor of the 18th I received by Mr. Ferguson, on his return from Accabe, his commission about the negroes being at an end. The British, it seems, make a pretence that it was because Major Rudolph had taken a small party near their lines, and unless Gen. Greene re- turned them, they would not send a negro out; but this is a mere pre- tence, they had not the least right to make such a demand on the General. I should be extremely happy to have it in my power to oblige you. and serve Col. Horry, whose perseverance, firmness and merit, must be evident to everybody. Should the agreement be received, which I think there is little probability of, you may be assured that nothing in my power shall be wanting to serve him, Col. Horry; and, as Col. Moncrieff has the negroes, who is one of the principal opposers of the agreement being complied with, I will use my endeavors with the Governor, if he can do it with propriety, to make a particular de- mand for them. The measure was certainly amazingly to the advan- tage of the British nation ; and, if their troops here had not as little spirit with regard to them as our people manifestly show with regard to this State (by that d --- d communication with the town, which bas now over-run all bounds) they would gladly have complied with the agreement to a title; but private interest on their side has cverset it. Leslie has been very anxious about it for months past, and seen the advantages we had over him, and made several overtures before it was brought to a point. For my part, my friend, I was always for keeping coolly the ground the Assembly left us, pointing out to the enemy the glaring superiority we had, and, at the same time, hinting that, if they wantouly distressed us, the Assembly, however willing of themselves, would certainly make use of the means in their power to do the State
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justice. This, as often as I had opportunity in private conversation with the Governor, I constantly gave as my opinion; bowever, his Excellency thought otherwise, and, without consulting the Privy Council at all, made the agreement himself. As soon as I saw it, I was very sorry for it, looking upon it as weak in itself, unnecessary, impolitic, humiliating, and pregnant with bad consequence to the State. Finding by the penning of the fourth article that the Privy Council seemed to be made parties thereto, though never consulted upon that ground, I took the liberty to write to his Excellency, expressed my dis- approbation of it in the warmest terms, and pointed out many of its defects. This I mention to you as a friend. We are all indebted to you my dear sir, and I shall always be happy to have it in my power to discharge part of my public debt to you, by rendering you any agree- able service. They still talk of the enemy's evacuating soon. I cannot but hear of the motions tending thereto as well as others; but seeing no reasons from within ourselves to oblige them to go away, but too many for their staying, I am still, and shall not think they intend abso- lutely to go until I hear they are over the bar. All their manœuvring seeins to be attended with a mixture of as much delay as possible, as if they still waited further orders, and were determined not to go a moment · before they could possibly avoid.
Pray remember me to Col. Horry, and all enquiring friends with you.
I am, dear sir, your most obedient servant, CHRISTOPHER GADSDEN.
LEWIS DEROSSET (COMMISSARY PRISONERS) TO GEN. MARION.
[Original MS.] CHARLESTOWN, October 25, 1782.
SIR :
The Commissioners appointed by Gen. Leslie and Gen. Greene having settled the exchange of prisoners, the purport of Dr. Neufville's coming to town is by this means settled, and I have, in pursuance of that agreement, sent out all the prisoners I had in the prison ship, and those that were here ou parole. You will be pleased on your part to send in here all the regulars and militia that may be with you.
I have the honor to be. sir, your most obdt. servant,
LEWIS DEROSSETT, C. G.
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CAPT. MILLIGAN TO GEN. MARION.
[Horry MS.]
GEORGETOWN, October 27, 1782.
DEAR GENERAL :
After a small cruise of six days after two of the enemy's galleys, I arrived last evening quite late, and in the morning early my Lieutenant had intelligence of a sloop-of-war going loaded with rice and tobacco for Charlestown, without any flag, but a pass filled up in this place from the Governor, dated the 13th July last. I only want to know whether there is any later proclamation, or if this method of carrying on trade with the enemy is allowed by the Governor or not; for I like to have had my eyes pulled out by only putting an officer on board until I saw the passport, which was filled up. After I had done that matter, T then discharged him from on board. If such trafficking is allowed, I would be glad to be informed by a letter from your Excellency.
I am, sir, with respect, your most obdt. servant, JACOB MILLIGAN.
CAPT. WARREN TO GEN. MARION.
[Horry MS.]
October 28, 1782.
SIR :
I am directed by Major-Gen. Greene to request you will have all the regular and militia prisoners, who are in Georgetown, immediately sent to Charlestown, under a guard. I shall be glad to know whether there are any sailors in Georgetown prisoners.
I am, sir, with esteem, your most obdt. humble servant,
SAMUEL WARREN.
-
GEN. GADSDEN TO GEN. MARION.
[Hforry MS.] (NEAR THE GOVERNOR'S QUARTERS), October 29, 1782.
DEAR SIR:
Hearing my friend Ferguson was unwell, I made an elopement to see him, and just returned last evening, a little before your express called on
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me, much fatigued, which prevented your favor by him of the 24th. I am obliged to you for the paper you sent. and think it would be of general information to have it printed; but Dunlap is so unwell, that he has left of printing, and, besides, his paper is so small, and types so large, that I am persuaded one of his gazettes could not hold a fourth part of it. This would make it far less useful and entertaining than if it came out all together. Should any opportunity unexpectedly offer of giving it to the public, I will not slip it. The more I consider the late intended agreement, the more disgraceful (and that unneces- sarily so altogether. in my opinion,) it appears to the State. On the Privy Council not being consulted, and yet seeming to be made a party thereto, I immediately wrote a letter to his Excellency, to disavow my approbation of it; but previous to my sending it, receiving a summons to Council. I kept it back till that should be over, expecting the matter might be opened there; but finding we were called on a different busi- ness, and no probability of its being then touched upon. as I saw, I took hold of something that seemed to tend that way, and purposely brought it in indirectly in my argument on what was before us, pleading as an excuse that as a particle of the executive, by the inaccurate word- ing of the fourth article, I was brought in as a kind of party to an agreement which I almost totally disliked; upon which Mr. E. R., to my astonishment, said that the Privy Council was, in no cose whatever, any part of the executive, which he said was also the opinion of another distinguished lawyer he named; and the Governor himself said. that old Col. Pinckney. who is conveniently dead, had told him the same. This, I think, as well as some other circumstances, leaves great room to think, that though the natural Council, appointed by the State, was not consulted on that most important occasion, yet that certain lawyers at least, if not others, were. This novel and dangerous doctrine, so contrary to the spirit of our Constitution and plain letter of many of our laws, so roundly and positively asserted, and, although Lowndes' lieutenant during his administration, and during the greater part of J. Rutledge's, I had never heard a title of, or had the least suspicion that any such tenet could be advanced, till this morning I heard it declared in the strongest terms in Council, and a little before by that gentleman, openly in the Governor's porch. This induced me, when I went home, to add a note, by way of preface, to the letter I had prepared to send to his Excellency, a copy of which I now enclose you; the proceeding on the cause of it will serve by way of an explanation thereto. We have been wanting, my dear sir, more troops for the General all this campaign, but, in my opinion, we have wanted still more an ethoacious
16
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civil power; and, if the enemy leaves Charlestown, which still is a doubt with me notwithstanding-I cannot help seeing appearances as well as others, their advantages over the country, which at this instant are so amazingly beyond any they ever had-I say, in case of an evacua- tion, and the sword has a little rest, we must lose no time to join shoulder to shoulder to check the rapaciousness, tyranny and insolence of too many of our lawyers, or this State will never be at peace, or in a respectable situation again, or the citizens thereof upon an equal foot- ing with regard to the possession of their property, which, in my opinion, for many years past, the poor and middling people have only held rather from courtesy than right, owing principally to that cause. Nothing but the infinite number of our laws, and what is quoted as authority in our courts (which, without exaggeration, a room of mode- rate size would not hold, together with the perplexity and confusion, give these gentlemen their importance, or, indeed, any importance at all. These may be reduced. I am persuaded, to an octavo volume; at most, very few of them will ever help, we may be sure. But the business is of such necessity, that it must be done, as soon as pos- sible, or we shall, in all probability, be undone; for otherwise their insolence as lawyers will be soon equal to what the famous Roman Catholic Bishop Becket said to a gentleman he was not well pleased with. He told him very haughtily that he hoped to see the day when no jack gentleman would dare to stand with his hat on before the lowest priest. Without great care this, or something like it, will be soon the case with regard to the lawyers here. I never thought there was much riddle and finesse necessary in a good Goovernment-that honest men of good plain common understanding, who would take pains to judge, and always judge for themselves, not suffering their understanding to be in any man's keeping, were fully equal to the task; but how is the case? The people may appoint whom they think proper (as in a Privy Council), these may be consulted occasionally to pick the gilding off of gingerbread, or some such trifling matter; but in an affair of the utmost consequence to the safety, honor and interest of the State, it cannot be expected they are fit judges (though, perhaps, a matter not even depending on any difficult principle of law); no! without the lawyers have the principal hand in it, or, indeed, the whole cooking of it, all is undone. I wish this may not have been nearly the case, my friend, on a late occasion, which I think almost as disgraceful to the State as was the agreement itself. The public are extremely obliged to you for your vigilance with regard to the gentlemen sending provi- sions to town. I believe I cannot be reckoned a severe man in my.
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politics ; but I assure you I have done all in my power, for many months, to no purpose, to get means used to have some of them tried by the sedition laws. If convicted, perhaps my bowels might yearn over a poor necessitous man, so as to endeavor to procure his pardon; but if a rich fellow, if I had ten thousand votes they should all go for a halter for him, and nothing else. Owing to the too great encourage- ment of these rascals, the army has given over, since the beginning of the campaign, to that villainous, destructive trade with the town; and to that impolitic infatuation, from Christmas last, of propagating the enemy's hums about an evacuation, we are brought to the present dilemma -- which is, if the enemy actually goes, they even then leave us with the highest contempt, and may return; but, should any external advantage to them make Sir Guy revoke his orders, what becomes of us all then? In that shocking, corrupted state, the people are now in, 'tis heads or tails with us, and the stake, I am afraid, is no less than the whole State. Sir Guy is looked upon as an excellent officer, having the good of his nation disinterestedly at heart. No doubt so wary a commander must have men here on whom he can depend to give him information of our situation in all respects. Pardon me, my dear sir, for troubling you with so long a letter. when your time is so important to the public. Believe me to be, with sincere esteem,
Your obedient servant,
CHRISTOPHER GADSDEN.
P. S .- I send to the Governor's every day for my rations of beef; this moment my boy has returned without any, bringing a note that there is none, and that the army is dissatisfied about it. I wish these dissatisfactions may not increase daily more and more, and bring on some dangerous crisis. The whole proceeds from the d -- d town trade, where they live in clover. The same note mentions that the Augustine fleet is arrived.
GEN. GREENE TO GEN. MARION.
[Horry MS.]
HEAD-QUARTERS, October 30, 1782.
SIR :
Your letter of the 28th inst. I have this moment received. Capt. Warren has written to you requesting the prisoners, mentioned in the
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list you enclosed, might be sent to Charlestown, except the dragoons, as they were exchanged by an agreement entered into the 23d instant. by which all citizens and militia of every rank and denomination, made prisoners of war previous to that date, southward of the Delaware River, with all the volunteers, and many Continental officers, a list of whose names will be immediately published by the Commissary of Prisoners. The safe-guard had certainly, by his conduct, forfeited his protection. I wish, however, you would send him to Gen. Leslie. with a remonstrance against the irregularities committed. Should there be an opportunity of injuring the enemy at the distillery, by a detachment from this army, I beg you will send me such intelligence as to enable me to give you the necessary aid.
I have the honor to be, sir, with much esteem, your obdt. servant, NATHANIEL GREENE.
CAPT. MILLIGAN TO GEN. MARION.
[Horry MS.]
GEORGETOWN, October 31, 1782.
SIR :
I have this moment been honored with your Excellency's letter of 28th inst., in consequence of which have made a seizure of a schooner from Mr. Lockwood in Charlestown, deeply laden with tobacco, rice, &c., which was discharged from the sloop I mentioned to your Excel- lency I had seized before, and which I then cleared upon seeing a pass- port, signed by the Governor. I have put an officer on board of this vessel, and am determined to hold her until I hear further from you. Your Excellency may depend I shall strictly adhere to the instructions which your letter contains, and do all in my power to prevent the scandalous trade which is now carrying on with the enemy in Charles- town by numbers of people in this place, and its vicinity. On board of the schooner which I have now seized bound to Charlestown, are twenty-six hogsheads of tobacco and nine tierces of rice. The seizure of this vessel has already raised a clamour amongst those concerned, and am apprehensive it will be productive of more; therefore, shall wait your Excellency's further determination respecting this matter ; but, at all events, am determined to keep possession of her until I hear further from you .- I am, with respect and esteem,
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