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.3 > Part 10
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[No. 136.] Answer of Lord Raudon and Col. Balfour to Col. Haune's letter of the 29th of July, and delivered on the 30th, at Porlock, into the hands of the town Major ( Fraser.)
. I have to inform you that your execution is not ordered in con- sequence of any sentence from a court of enquiry, but by virtue of the authority with which the Commander-in-chief in South Carolina and the commanding officer in Charles Town are invested. And their resolves on this subject are fixed and unchangeable.' I then begged Major Fraser that he would seriously entreat the above said officers to grant a respite, that I might have time to send for my children arxi lake of them the last farewell. At three o'clock, the town-ad- jutant (Cooper) brought me for answer, that my request was reject- ed. On Tuesday, July thirty-one, at one in the morning, the depu- Ly provost, (Marshal) brought me information-that it was time for me to prepare for death, as he had just received orders to that effect, and that I was to leave my apartment at five o'clock.'
In less than half an hour Major Fraser came in and delivered the following message :
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' Colonel Hayne, I am to acquaint you, that in consequence of a petition signed by Governor Bull and many more, as also of your prayer of yesterday, and the humane treatment shown by you to the British prisoners who fell into your hands, you are respited for forty-eight hours.' I thanked the commanding officer for this res- pite : this gave me an opportunity of seeing my children.
The Major had been gone but a few minutes, when he returned to tell me that he had forgot part of his message: this was, 'that if Gen. Greene should offer to expostulate in my favor, with the commanding officer, from that instant the respite would cease, and I should be ordered for immediate execution.'
AvGust 1, 1781, 3 o'clock, A. M.
Mr. Cooper, the town Adjutant, came in and read to me the fol- lowing written message: . Lord Rawdon and Col. Balfour have con- sented to grant to Mr. Hayne a respite for forty-eight hours.' My answer was, ' that I thanked them.'
I. H.
LADIES' PETITION FOR COLONEL ISAAC HAYNE.
[No. 137.] To the right honorable Lord Rawdon, Commander-in- chief of his Majesty's forres in South Carolina, and to Col. Bal- four, Commandant at Charles Town.
My Lord and Sir :
We should have reason to reproach ourselves of having omitted a proper occasion of manifesting the tenderness peculiarly charac- teristic of our sex, if' we did not profess ourselves deeply interested and affected by the imminent and shocking doom of the most unfor- tunate Mr. Hayne, and if we do not entreat you in the most earnest manner graciously to avert, prolong or mitigate it. We do not even think, much less do we intend to imply, in the remotest degree, that your sentence is unjust; but we are induced to hope, that every end it proposes may be equally answered, as if carried into execution ; for to us it does not appear probable that any whom it is intended to influence and deter froin similar delinquency, will be encouraged with the hope of impunity, by reason of any favor shewn him, as
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They mine e fely rethet that it was owing to certain causes and cir- Verstanden that will not apply roth m. We presume to make this by front end to hope that it will act prove traitless, from . ! of your dispositions in particular, as well as from the hat monum enty te pavers separable from courage, de ur much reluctance to cause, by with written in cold blood, as he rad hent of orion to make the H. my r joice to the wood of armed men and re- will regret to see them wet with the tears of You longe replies, m working the loss of a tenler, amiable and wor- My good : scented ! se a vile and inform as fewon
s. the men who have been witnesses and sharers of s and services in the head, many sound of your mail tary . We trust you will give the ladies occasion to set come milder and butter virtues by furnishing them "of of your dietercy and politeness in the pre- Have to that
prov uk : La But politled wait poles and glad As well's To any other men in 's wa gone too toa bath to be, we should employ aufden tone ingenuity and art my dress up and enforce the patric and tevorable circumstances aftenting his case, in or- : thuve : our plast his and engage your favor, but we think this
merits in
Nor shall wedwell to dent excellent contacter, the outrages and excesses, and per- Handlers presented by him, to which i procent and unarmed Mete sweexna d'in mexer be manner; norshall we here
We sonst susan by me death, aggravated by the patel we do meetand remind von of the compli-
Valentin Ah these tiers diy represented, and we are sure will
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have their due weight with men of your humane and benevolent minds. Many of us have already subscribed to a former petition for him, and hope you will regard our doing it again not as impor- tunity, but earnestness ; and we pray most fervently that you will forever greatly oblige us by not letting us do it in vain.
We are, my lord and sir. with all respect,
Your very anxious petitioners and humble servants.
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Consultation on the caseof Col. Hayne, enclosed in his letter to Lord Raudon and Col. Balfour.
Col. Havne being detained in the provost's prison, and taken, as it is given out, in arms against his Majesty, received from Major Fraser, on Thursday night, a notice in these words : ' A court of enquiry, composed of four staff-officers and five captains, will as- semble to-morrow, at ten in the morning, in the Province Hall, in or- der to determine under what point of view you ought to be con- sidered.' The court met at the time appointed, and the prisoner made his appearance. Neither the members nor witnesses were upon oath. The prisoner considering it only as a court of enquiry, which was held previous to a formal trial, did not avail himself of the liberty granted him to employ counsel, nor did he produce any witness to ascertain a great number of facts tending to his defence, for which, indeed, he was allowed but a very short time. He was apprizel this morning, that the said Lord and Colonel, on the rising of the said court of enquiry, come to the resolution of having the said Hayne executed on Thursday, July thirty-first. Query from the prisoner : ' Are such proceedings authorized by any law, and is the subsequent sentence law ful !'
ANSWER.
I. In the notice given you, that the intention was to examine you before a court of enquiry, there is not, even according to the rules of martial law, a suffiou nt certius . nor any express accusation which might be the object of the court's enquiry, or of your defence.
II. No enemy can be sentenced to death in consequence of
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any military article, or any other martialprocess that I know of, without a previous trial, except spies, who, by the articles of war, are expressly debarred from thit right.
III. No subject whatever can or ought to be deprived of his life, liberty or fortune, unless it be by the unanimous award of his peers, and according to the laws of the country. And, to my knowledge, there is not a law which can authorize a judgment and sentence like that which they have taken upon themselves to pronounce in this affair. It is an invariable rule, established by law, that every man is to be deemed innocent till his guilt is proved ; that being found or taken in arms does not argue criminality so far as to hinder the culprit from making his defence, either by proving a commission, or upon any other ground ; and that many of those who had taken up arms have been acquitted upon such proofs.
IV. In consideration of the principles above adduced, I am pos- itively of opinion, ' that taking you in the light of an enemy, (not of a spy) the process carried on against you is not lawful ; butif you are to be considered as a subject, such proceedings militate against, and are diametrically contrary to all laws.'
(Signed) JOHN COLCOCK.
Charleston, July 29, 1781.
PROCLAMATION.
By Nathanial Greene, Esq, Major General, Commanding the American army in the Southern Department.
Whereas Col. Isaac Hayne, commanding a Regiment of militia in the service of the United States, was taken prisoner by a party of British troops, and after a rigorous detention in the Provost's prison at Charleston, was condemned and executed on the 4th of this month, in the most crueland unjustifiable manner, in open violation of the cartel agreed upon between the two armies, for the release and exchange of all prisoners of war; and it being no less the duty than the inclination of the army to resent every violence offered to the good citizens of America, to discountenance all those distinctions which they have endervored to establish, in making a difference in
.
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various orders of men, found under arms for the support of the independence of the United States; and further considering that these violences are committed with a view of terrifying the good people, and by that means preventing them from acting in conform- ity with their political interests and private inclinations ; and that this method of trying and punishing, in consequence of those cis- tinctions, is no less opposite to the spirit of the British, than it is in- clusive of an unwarrantable int'ugement of all the laws of humani- ty, and the rights of the free citizens of the United States ; from these considerations I have thought proper to issue the present pro- clamation, expressly to declare, that it is my intention to make reprisals for all such inhuman insults. as often as they shall take place.' And whereas the enemy seems willing to expose the small number of the deceived and seduced inhabitants, who are attached to their interests, it they can but linl an opportunity of sacrificing the great number that have stood forth in defence of our cause ; I farther declare, 'that it is my intention to take the officers of the regular forces, and not the seduced inhabitants who have joined their army, for the objects of my reprisals.' But while I am de- termined to resent every insult that may be offered to the United States for having maintained our independence, I cannot but lament the necessity I am under of having recourse to measures so extremne- ly wounding to the sentiments of humanity, and so contrary to the liberal principles upon which I wish to conduct the war.
Given at the Head Quarters at Camden, 26th of August, 1751, in the sixth year of American Lale pendouce.
(Signed) NATHANIEL GREENE.
(The treatment of the prisonersof war taken by the British in South Carolina, in the year 1750, is more particularly stated in the tiro following letters ; the first of which was written by Dr. Olyphant, director of the American hospitals in the Southern department, ou the 7th of May, 1751, to tien Moultrie, in the following words) :
You will observe by this month's return the number of sicks among our people continues great, especially as this is a healthy sea- son of the year ; but when the reasons of it are considered, it is not
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much to be wondered at. Men sent immediately from a sick hos- pital on board of prison-ships, and confined to a salt diet, cannot possibly recover their health and vigour. This likewise accounts for the many deaths.
I ui farther to acquaint you of our convalescents being discharg- ed before they are thought fit by our physicians to be dismissed under sach circumstances. This is directed by Dr. Hayes, the di- rector of the general British hospitals, who is commanded, as he. in- forms me, to do so by the commandant.'
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(The same subject is more particularly stated in a letter address- ed to Dr. D. Ramsay by the Hon. Peter Fayssoux, M. D., member of the council of the State of South Carolina, who ser- ved his country during the late war in the character of chief phy- sician to the American hospitals in the Southern department, which was in the following words :)
' CHARLESTON, March 26, 1755. ' Sir :
' In compliance with your request, I now send you some of the most remarkable facts relative to the treatment the American pri- soners, the sick in particular, received, during their captivity in Charleston, from the British. The director general having beeny confined by the British, the immediate charge of the American hos- pials devolved on me, I can therefore answer for the truth of this account, as every circumstance was within my own knowledge. From the surrender of Charleston to the period of Gen. Gates' de- feat, I do not think we had any material cause of complaint.
' The regulation for the government of the hospital, the sup- plies of medicines and diet. were in general prescribed by ourselves and acceded to by the British.
'Afor the defeat of Gen Gates our sufferings commenced. The British appeared to have adopted a different mod - of conduct to- wards their prisoners, and proceeded from one step to another un- til they fully displayed themselves, void of faith. honor or humanity, and capable of the most savage acts of barbarity.
The unhappy men who belonged to the militia, and were taken
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prisoners on Gates' defeat, experienced the first effects of the cruel- ty of their new system.
' These men were confined on board of prison-ships, in numbers by no means proportioned to the size of the vessels, immediately after a march of one hundred and twenty miles, in the most sickly season of this unhealthy climate.
' These vessels were in general infected with the Small-Pox ; ve- ry few of the prisoners had gone through that disorder. A repre- sentation was made to the British Commandant of their situation, and permission was obtained for one of our Surgeons to inoculate them-this was the utmost extent of their humanity-the wretched objects were still confined on board of the prison-ships, and fed on salt provisions, without the Irast medical aid, or any proper kin ! of nourishment. The effect that naturally followed, was a Small-Pox with a fever of the putrid type ; and to such as survived the Small- Pox, a putrid dysentery-and, from these causes, the deaths of at least one hundred and fifty of the unhappy victims. Such were the appearances, and such was the termination of the generality of the cases brought to the general hospital after the eruption of the Sma !!- Pox-before, the eruption, not a single individual was suffer- ed to be brought on shore. If any thing can surpass the above re- lation in barbarity, it is the following account :
' The Continental troops, by the articles of capitulation, were to be detained prisoners in some place contiguous to Charleston ; the barracks were pitched on as the proper place ; this was agreed to by both parties. The British, in violation of their solemn compact, put these people on board of prison ships Confined in large num- bers on board of these vessels, a ul fed on salt provisions in this cli- mate in the months of October and November, they natural y gen- erated a putrid fever from the human miasma. This soon became highly contagious. The sick brought into the general hospital from the prison-ships, generally died in the course of two or three days, with ill the marks of a highly septic state. Application was made to Mr. De Rosette, the British commissary of prisoners; the vast increase of the numbers of deaths was pointed out, and he was re- que-ted to have proper steps taken to check the progress of a dis- order that threatened to destroy the whole of the prisoners.
*In consequence of this applica ion Mr. Fisher, our commissary
9
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of prisoners, and Mr. Fraser, who formerly practised physic in this country, but then ac'ed as a British deputy commissary, were or- dered to inspect the State of the prisoners in the vessels. This re- port confirmed the truth of what had been advanced-this can be proved by a very particular circumstance. My hopes were very sanguine that something would be done for the relief of those un- happy persons, but they were entirely frustrated by a person from whom I did not, and ought not to have expected it. Dr. John M'Namara Hays, physician to the British army, a person who had been taken by the Americans on the capture of Burgoyne, who had received the politest treatment from the Americans when a pri- soner, and who had the generosity to acknowledge the usage he had met with-this person was ordered to report on the state of the prisoners-to my astonishment, I was informed his report was, that the prison-ships were not crowded, perfectly wholesome, and no ap- pearance of infectious disorders amongst the prisoners.
' I then determined to make one more effort for the relief of these unhappy persons-for this purpose I had two of the dead bodies kept in the area of the hospital, and, upon Dr. Hays' daily visit to our hospital, I marked to him the appearances of the subjects, whose bodies were highly tinged with a yellow suffusion, petechied over the breast and trunk, with considerable ecchymosis from ex- travasated or dissolved blood about the neck, breast and upper ex- tremities. I inquired if it was possible a doubt could remain re_ sp-cting the nature of their disorder, and expressed my surprise at the report he had made. The words of his reply were, 'that the confinement of the prisoners in prison-ships was the great eye- sore, and there was no help for that, it must be done.' The disor- der in consequence continued until the cold weather; the number of deaths, joined with the number that were compelled by this treat- ment to enlist with the British, removed in a great measure the cause. Hitherto a number of our prisoners who were tradesmen had been permitted to remain in the barracks, or in the city, where they were employed by the British-about the month of January 1751, they were all confined to the barracks, and there British em- issarios were very busy among them. to persuade them to enlist in their new corps. About the same time a supply of clothing, and
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asome money to procure necessaries, arrived from the Congress for the use of the prisoners.
: Mr. Fisher, our commissary, was prevented from distributing the clothing, and the primers were informed it was a deception, for no supplies had arrived for their use. Their motive was, that by the complicated distress of nakedness and imprisonment, their pa- tience would be exhausted, and enlistment wth them would ensue. . To prevent this means were found to have several bales of the clothing brought to the piequets which inclosed the barracks, and in sight of our soldiers : this measure established the fact.
. Disappointed from this quarter, the British Commandant or his ministers determined to observe no measures but what would ac- complish their own purposes. All the soldiers in the barracks, in- cluding the convalescents, were pareded and harangned by Fraser, the British deputy commissary, and one Low, a reern ting oficer for one of the British corps. The conclusi not the affair was, that such as chose to enlist with the British should leave the ranks, and the remainder go on board of the prison ships A few who had been previously engaged withdrew from the ranks : the large ma- jority that stof firm, after siper ditiment solicitations without effect, had this dreadful sentence proponneed by Fraser, ' that they should be put on board of the prisonchips, where they could not expect anything more but to perish miserably ; and that the rations hither- to alloved for the support of their wives and children, from that day should be withhold : the consapience of which would be, they must starve in the streets.'
" Human nature recoiled from so horrid a declaration-for a few secon Is the unhappy victims seemed stupottel at the dreadful pros- pect; a gloomy and universal steere prevailed. This was follow- ed by a loud hozza for Gen. Washington; death and the prison- ships was the unanimons determination.
. The hospital at this time was reduced to the greatest distress imaginable-the sick without clothing, covering or any necessary but one pound of beef and bread-very little sugar, no wine, and rarely a small allowance cť rum
" We had no resources, and the British would only furnish the an- solute necessaries of life. The officers of the hospital, on the mild-
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est representation, were threatened and insulted, frequently prohib- ited from visiting the sick, once I remember for three days.
' It was scarcely possible for men to support such an accumula- ted misery : but when least expected, a relief was administered to 18. . A subscription for the support of the sick was filled by people of every denomination with amazing rapidity, Several of the la- dies of Charleston, laying aside the distinction of whig and tory, were instrumental and a sidnous in procuring and preparing every necessary of ck thing and proper nourishment for our poor, worn- out and desponding soldiers.
. Thus, sir, I have furnished you with some of the most material occurrences of that unhappy time. I have not exaggerated or writ- ten a single circumstance from hatred or prejudice. I could furnish you with a long detail of cruelty and distress exercised on individ- unls. Major Bocquet's case, exposed in an open heat for twelve hours in a violent fever, with a blistering plaster on his back, extend- ed at length in the bottom of the boat, then put in the dungeon of the Provost with the vilest felons and mur lerers, left to languish un- der his complaint until his death seemed certain, ouly released from Lis co: Anoment from the dread of a just retaliation-the moment his recovery seemed probable. again hurried back to the Provost, there to remain antil the general exchange released him from their power.
' This instance of severity exercised on an individual, whose only crime was a steady attachment to the cause of his country, and! a determined resolution to keep sacred the solemn oath he had taken in its cause, would appear as nothing, were I to enumerate the scenes of woe and distress brought on many citizens of this once happy country, by British ernelty and unnecessary severity. I am sure every breast would be softened, even tears would fall from British eyes.
' I am, sir, with esteem, yours, &c.
' P. FAYSSOU X.'
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[No. 138.] Col. WVm. Campbell to Sam'l. McDowall.
CAMP GOODE'S BRIDGE, July 28, 1781.
My Dear Sir :
I received your favor by Col. Harrison, and am much obliged to you for the hope you give me, that there is a prospect of the war being speedily terminated. I pray God that our exertions may be such under Provilence, as will make the end of it happy and hon- orable to our country.
We have been at this place since the 1Sthinst, without any thing to do more than to deter the enemy from coming up into this part of the country in small parties. I do not know how long we may continue here, but I expect it will be until the enemy make some movement to determine our future operations.
My command is now much reduced from the expiration of the term for which many of the militia were ordered out. [ have but about four hundred men at this time. We have not the least news here from any quarter. If you get anything interesting, pray be so kind as to communicate it to me.
You drop a word that it might suit me to take the command of the militia who are ordered to the southward. I can only say that I shall most cheerfully acquiesce in whatever my country shall please to order me to do in her service ; and just add that I should esteem myself peculiarly happy in serving under the officer who now commands in that department, for whom I have the greatest respect and veneration, and who has served with so much glory to himself' and credit to his country. I have taken the liberty to ad- dress a letter to Col. Meredith, in Amherst, and another to Col. Syme to your care. You will please to give them as speedy and safe conveyance as you can. Excuse the trouble I give you.
Your sincere friend,
W. CAMPBELL.
General Erchange.
Whereas in pursuance of adequate powers respectively delega- ted to us to carry into execution, articles of a cartel made on the
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3d day of May in the present year, between Captain Cornwallis, on the part of Lieut. Gen'l. Earl Cornwallis and Lieut. Col. Carring- ton, on the part of Major Gen'l. Greene, for the exchange and re- lief of prisoners of war. taken in the Southern department : We, the underwritten, have mutually agreed, that all the militia, prison- ers of war, citizens of America, taken by the British arms in the Southern department from the first commencement of this present war, to the 15th day of this present month of June, shall be imme- diately exchanged for all the militia prisoners of war, subjects of Great Britain, taken by the American arms in the said department, within the above mentioned term. Now public notice is hereby given, that all the above mentioned British and American prisoners, wheresoever they may at present be, are hereby declared to be fully, absolutely, reciprocally exchanged; and such of them as are on parole within the lines of their respective parties, are hereby de- clared to be released therefrom ; and such as are within the towns, garrisons, camps, posts or lines of the powers who captured them, shall be immediately liberated and permitted to pass without re- striction to the party to whom they belong.
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