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 11
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EDMUND M. HYRNE, Dep. Com'y Gen'l. prisoners. JAMES FRAZER, Commissary prisoners. June 22, 1781.
Orders by Gen. Marion -All persons on parole to the Ameri- cans, are ordered within the British lines agreeably to the above. F. MARION, Brig. General. July 28, 1781.
[ No. 139.] Gen. Marion to Col. Peter Horry.
August 1, 1781.
Dear Sir :
As you are getting clothing for your men on Continental expense, I will be obliged to you to let Sergeant Davis of my Regiment have a suit with your men, and such other clothing as you see he is in want of, and you will particularly oblige,
Your humble servant,
F. MARION.
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[No. 140.] Gen. Wayne to Gen. W. Campbell.
DANCE'S FERRY. NAMAZINE CREEK, August 2, 1781, 3 P. M.
Dear Sir :
I have this moment received orders from the Marquis La Fayette, to march towards Fredericksburg; the enemy are expected, having certainly sailed up the bay.
You will therefore cross the Apomattock at Petersburg, and proceed in the most dircet route for West Ham, on the James; should we have crossed it before you arrive, you'll follow in our track. Interim believe me,
Yours most sincerely, ANTY. WAYNE.
[No. 111.] Gor. Rutledge to Gen. Marion.
HIGH HILLS SANTEE, Aug. 7, 1781. Dear Sir .
I am very sorry for the affair at George Town ; I am inclined to think that if the enemy leave Charles Town, they will force the place in the same unamer. The orders you have given respecting the inhabitants who have suffered by the destruction of George Town are very proper ; it is our duty to alleviate their distresses as much as possible. I will speak to Gen. Sumter about adding the lower Regiment to your Brigade, and write to you shortly on that point. Col. Henderson undertook at Capt. Richardson's to get a proper man for Sheriff of Cainden District. I will mention Kemble to him, and if none better is found, he shall have the ap- pointment If your information about the embarkation at Charles Town is well Rounded, I think it is probable that the enemy will soon leave this part of the country and go to Town; however, I hope we shall not sufer them to do so. I was ely forgot when I saw yon laist, to mention what Hintendet boffre we met, that it' a little hard money. 30 ne 35 grimas would be useful for getting intelligence or other services, I have that sum ready for you. If'
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you will let me know by whom it may be sent to you, it shall be. I am with great regard, dear sir,
Your most obe ient servant,
J. RUTLEDGE.
[No. 142.] Gen. Greene to Gen. Marion.
MR. RICHARDSON'S PLANTATION, Aug. 10th, 1781. Dear Sir :
Inclosed I send you a letter from Col. Harden-the express that brought it could not find you and therefore brought it on to camp. If i is practicable I wish you to give support to Co! Harden. You know the Colonel's force, your own and the enemy's, and will do as you may think proper. Your force added to Hardeu's appear to me competent to the business, and if you undertake it you must move with the utmost secresy and expedition. However, you are best acquainted with the nature and difficulties attending the attempt, and must govern yourself accordingly. But it will be of the greatest importance to check the enemy in the progress of this basiness, for if they are permitted to pursue it with impunity, they will possess themselves of all the rice of the country, and totally dispirit the militia. Your letter of the Sth I have received. and seut more thanone half of the lead I have. I am in hopes this will answer your pre- sent demand ; in a few days we expect a fresh supply ; the lead would have come with the powder but for a mistake of one of my aids who gave the order. You will see by Col. Hardeu's letter that the enemy have hanged Col. Hayne ; don't take any mea- sure in the matter towards retaliation, for I don't intend to retaliate on the Tory officers, but the British. . It is my intention to demand the reasons of the Colonel's being put to death, and if they are un- satisfactory, as I am sure they will be, and if they refuse to inthe satisfaction as I suppose they will, to publish my inten- tion of giving no quarters to British oficers of any rank that fall into our hands. Should we attempt to retaliate upon their militia oficera. I am sure they would persevere in the measures in order to increase the animosity between the whigs and tories, that they might stand idie spectators and see them butcher each other. As
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I don't wish my intention to be known to the enemy, but through an official channel, and as this will be delayed for some few days to give our friends in St. Augustine time to get off, I wish you not to mention the matter to any mortal out of your family. Neither Col. Shelby nor Col. Lock have arrived, nor can I tell when they will. Lieut. Col. Lee crossed the Santee a few days ago, and took 15 or 20 prisoners of the enemy's Horse. Please to let me know whether you go to the relief of Col. Harden or not, that I may take some other measures, should it be out of your power to succour him.
I have the honor to be, dear sir,
Yours most respectfully, NATH. GREENE.
[No. 143.] Gen. Greene to Gen'l. Marion.
HEAD QUARTERS, HIGH HILLS SANTEE, August 13th, 1781.
Dear General :
By a letter from Col. Parker to Governor Burke, I learn a great part of the British troops in Virginia bad embarked for New York, which is closely besieged by Gen'l. Washington and the French ar- my. The same writer says the British fleet have got another dril- ling in the West Indies. If those accounts are truc, as no doubt they are, the enemy have everything to fear and little to hope in this quarter. You will forward the letter that accompanies this, to Col. Balfour as soon as possible.
With esteem and regard, I am, dear sir,
Your obedient servant,
NATH. GREENE.
[No. 144.] Gov. Rutledge to Gen. Marion.
HIGH HILLS OF SANTEE, Aug. 13, 1781.
Dear Sir :
We really want a press so much, that I request you will lose no time in getting one and all other requisites for Walter, and send him ap here with them and his press, that he may go to work as soon as possible. It would be bestto get the oil and lampblack where you pro-
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cure the paper, but if they cannot be got there I am told the latter may be male here, and so may neat's-foot oil, which I suppose will answer the purpose. I have heard of Mr. L. D. passing this way, he is one of the addressers to Clicton on the reduction of Charles Town. I think we should be very cautious how we admit such people in join us. I dare say there are many of them who would ghalb do so, not for our sakes but their own. However, I wish to know from you upon what footing this man stands in consequence of anything which may have passed between you and him. You will consider the militia between Charles Town and your Brigade as an- uexed to it, but I would not have any appointment which Gen. Sum- ter may have made of officers revoked, while they behave properly. The Governor of North Carolina writes, but with what truth I know not, that 2500 men had embarked in Virginia for New York, which was closely besieged. A man arrived at Camden last Fri- day, who landed at James Town in Virginia, with several other prisoners of war, who had gone thither from Charles Town, so that we may soon expect to see several of our friends from thence. I request that yon will sond immediately to Col. Harden, and get a full and authentic account of the execution of Col. Hayne, with every miterial circumstance relative to that unhappy affair. I am told his son is possessed of copies of letters which passed between the Col, and Balfour; pray have them all transmitted to me as quick as possible, with that account and copies of Col. Hayne's speech to his Regiment, which I understand was the matter laid to his charge, and of the petition to the Commandant of Charles Town for his pardon, with the names of the petitioners. I think of appointing im- mediately an ordinary in each District, by whom wills may be pro- vedl. and letters testamentary, and administration granted, and other business within the ordinary jurisdiction transacted, The constitu- tion directs that this shall be done and I think it a measure absolute- ly necessary for a number of reasons. I wish you would recom- meri proper persons who will undertake the office of ordinary for George Town, Cheraws and Charles Town Districts. Write to C.A. Harden to do so for Benafort District.
I am with great regard, dear sir,
Vous most obedient servant,
J. RUTLEDGE.
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[No. 145.] Col. Bulfour to Gen. Marion.
CHARLES TOWN. Ang. 19, 1781. Str :
Han werto your letter relative to Me. P. stell. I must beg have toles om you. that he has been doratued for being in arms whes ip- on parte, contrary to the laws of all nations, and the matter with. the consent of your Commissioners of prisoners referred to Com. Greene, Mr. Cooper, who was taken the 17th July, and every prisoner of war in this town will be liberated and sent out with a Bag of truce to-morrow, according to the cartel. Nothing can astorich me more than your ofering to release a British schule" for Ma Cooper I presume y m uvist have been Bornished with a o. py of the cartel, and if so. I am truly at a loss to know on what min- cipies any Bearish soldiers en be detained by you ; this has been al- ready complained of, and if such practices are persevered in, the cartel must be at an en! I am, sir,
Your most obd't. servant,
N BALFOUR.
[NNo. 146] The Officers of the Army to Mejor Gen. Greene.
CAMP, SOUTHERN ARMY, HIGH HILLSOF SANTEE, August 20, 1791. The subscribers, commissioned ofcon serving in the Soldiers army, beg leave to represent to the Hon. Myjor Gen Sivede. that they are i formed uot only by ourreut reports, but by officiit : 4 acknowledged authority, that, contrary to express stipul dons in the capitalation of Charleston, sigand thetwelfth day of May, 1750 number of very respectolle inhabitants of that town and with : were confined on board prison-chips, and sent to St. Augustine, it vi other parts distant from their homes, uplay and friends. The motociclostrending the general cartel setthe. for Achange of prisoners apartment, and agreed to the third of Might
tel States, have been and still are detained in captivity ; that to.
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commanding officer of the British troops in Charleston, regardless of the principles, and even the express tenor of the said cartel, hath not only presumed to discriminate between the militia and other subjects of the United States prisoners of war, partially determin- ing who were and who were not objects of exchange, but hath even dared in escente, in the most ignominious manner, Col. Hayne, of the m'litia of the State of South Carolina, a gentleman amiable in character. respectable in his connexions, and of eminent abilities ; and this violent act, as cruel as it was unnecessary and unjust, we are informed is attempted to be justified by the imputed crime of treason, founded upon the unfortunate sufferer's having, in circum- stances peculiarly distressing, accepted of what is called a protec- tion from the British government.
If every inhabitant of this country who, being bound by the ten- der ties of family connexions, and fettered by domestic embarrass. ments, is forced to submit to the misfortune of falling into the hands of the enemy, must therefore become a subject of such inhuman authority, and if such subjects are liable to be tried by martial law for offences against the said c'vil government of the British nation, their situation is truly deplorable; but we conceive forms of pro- tection which are granted one day, and retracted, violated, disclaim- ed or deserted the next, can enjoin no such condition or obligation upon persons who accept them. We consider the citizens of Amer- ica as independent of the government of Great Britain as those of Great Britain are of the United States, or of any other sovereign pow- er, and think it just the severities and indulgences to prisoners of war ought to be reciprocal. We therefore, with submission beg leave to recommend that a strict enquiry be made into the several matters mentioned, and if ascertained, that you will be pleased to retaliate in the most effectual manner by a similar treatment of British subjects which are or may be in your power,
Permit us to add, that while we seriously lament the necessity of such a severe expedient, and commiserate the sufferings to which individuals will necessarily be exposed, we are not unmindful that such a measure may, in its consequences, involve our own lives in additional dangers; but we had rather forego temporary distinctions, and commit ourselves to the most desperate situations, than prose- 9
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cute this just and necessary war upon terms so unequal and so dis- honorable.
We are, sir, with the greatest regard, and most respectful senti- ments of esteem,
Your most obedient and most humble servants,
Signed by all the officers of the army.
[No. 147.] Major Ganey to Gen. Marion.
August 25th, 1781.
Sir :
Agreeably to your letter, I grant the truce to continue for twelve months betwixt us with this restriction. The property taken by the British themselves and confiscated about the country, I cannot engage to restore, for that is out of my power to do, but the articles I mean to observe with diligence. I hope your honor will be so kind as to send me an answer when you receive this, which answer I hope to receive by the the Sth of September ensuing, as I hope we do not mean to take advantage of each other, and your compli- ance will very much oblige
Your humble servant, MICAJAH GANEY, Major Militia.
[No. 148.] Goc. Rutledge to Gen. Marion.
CAMDEN, Sept. 1st, 1781.
Dear Sir :
I have appointed Capt. Richardson to procure indigo and specie for public use, and I request that you will give him every assistance in your power to aid him in this business, and if he should want an escort or any military aid you will be pleased to furnish him with what he may require.
I am, dear sir. your most obedient servant,
J. RUTLEDGE.
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[ No. 149.] Governor Rutledge to Gen. Marion.
ACKERMANS, Sept. 2, 1781.
Sir :
You will put your men in two divisions, the first to serve one month and be relieved by the second ; such men who are to serve should not be given leave of absence on any account whatever, except sickness. You will punish any man who shall take, destroy or waste any provisions, and such men who may be found spoiling the property of any persons, must be taken up and prosecuted as felons. Every man who refuses serving when called upon must be deemed an enemy and taken prisoner and sent to the British, and a receipt taken for them, and must not be permitted to return. All their property must be taken care of for the use of the State, and no part suffered to be conveyed away on any pretence whatever. Such private men whom the enemy has parolled without the faith of an officer and a receipt taken is void, and they are liberated by the car- tel, and if such men refuse to take arms and do their duty when called on, they must be an enemy and must be dealt with accor- dingly. Any persons who go to town or the enemy without a per- mit from you or an officer, must be treated as carrying intelligence to the enemy and suffer accordingly. Any woman who will go to town or in the enemy's post without leave, must not be permitted to return. Severe examples must be made of all negroes who carry any provisions of any kind, aid or assist, or carry any intelligence to or for the enemy ; agreeably to the laws of this State all such ne- groes shall suffer death. I recommend that particular attention be paid to the saving of provisions, and forage must not be given to any man for more than two horses (except field officers) who may . be allowed forage for three, and the commanding officer of the Brigade or Division, is allowed six rations. Whenever the enemy march in your district in force, you will call out the whole of your militia to oppose them, and if too weak you will let me know, and I will march to your assistance. You will appoint justices of the peace in every district immediately. I am, sir,
Your humble servant,
J. RUTLEDGE.
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[No. 150.] Gov. Rutledge to Gen'l. Marion.
CAMDEN, Sept. 2, 1781.
Dear Sir :
Upon overlooking the list of persons who addressed Gen. Clinton after the surrender of Charles Town, I find the name of B. T ---; pray is this the person mentioned in Dr. Hyrne's letter to you, which the Heriotts brought up to me some time ago, with a letter from you? If so, his case is extremely different from what it was rep- resented to me. So much so indeed, that I can scarcely believe the persons are the same. I therefore suspend giving any orders about him until this matter is ascertained, and request to know from you per first opportunity, whether this is the man who signed the ad- dress or some other person of the same name.
I am, sir, your most obd't. servant, J. RUTLEDGE.
[No. 151.] Governor Rutledge to Gen'l. Marion, in his absence to Col. Horry or the officer commanding at George Town.
CAMDEN, SEPT. 2d, 1781.
Dear Sir :
I understand there is at George Town a Mr. W. who I find was one of the addressers to Clinton after the surrender of Charles Town, and that he has brought a quantity of goods from thence with which he is trading at George Town. I really am amazed at the impudence of these people to dare after such an atrocious act, to come cut and reside amongst us without making their application to proper authority and knowing whether they would be received or not, as if they had really been guilty of no offence whatever ; though in my opinion, they have acted in the most criminal manner. For my part, I don't desire to have any of them with us, and will not receive any of them, for I should not believe them to be sincere even if they pretended to conversion. They only came out to serve their own or the enemy's purpose, and even "if they be sincere," I would not have them for we can do very well without them.
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Every one of us should lose all his property for such infamous con- duct. I therefore desire that you will immediately have this Mr. W. taken and sont up to me under an appropriate guard, and that you will make the necessary inquiries, and having discovered what property he has with him or which may be come at, take the whole of it; let it consist of what it may,-money, goods, negroes, boats, or any other article whatever, and send to me all such as may be recovered hither, and dispose of all the rest for the public account; be pleased to inform me per safe hand quickly, what is the result of your conduct in consequence of this order.
I am, sir, your humble servant, J. RUTLEDGE.
[ No. 152.] Extract of a letter from N. Balfour to Maj. Gen. Greene.
CHARLESTON, Sept. 3, 1781.
I come now to that part which has respect to the execution of Col. Hayne, on which I am to inform you it took place by the joint order of Lord Rawdon and myself, in consequence of the most ex- press directions from Lord Cornwallis to us, in regard to all those who should be found in arms, after being at their own request re- ceived as subjects, since the capitulation of Charleston and the clear conquest of the province in the summer of 1780; more especially such as should have accepted of commissions, or might distinguish themselves in inducing a revolt of the country. To his lordship therefore, as being answerable for this measure, the appeal will more properly be made, and on such appeal I must not doubt, every ft satisfaction will be tendered; but as the thicat in your letter is of a nature which may extend its consequences to the most disagreeable and serious lengths, I cannot dismiss this subject without some gen- oral remarks, still referring for the particular justification to the opin- ion and decision of Lord Cornwallis, immediately under whom I have the honor to act.
And first I must conceive, without adverting to the particular canse of dispute between Great Britain and this country, that. on the subjection of any territory, the inhabitants of it owe allegiance to the conquering power (in the present case a voluntary acknowl-
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edgement was given, and consequent protection received ;) and that on any account to recede from it, is justly punishable with death, by whatever law, either civil or military, is then prevalent.
To justify retaliation I am convinced you will agree a parity of circumstances in all respects is required ; without such every sha- dow of justice is removed, and vengeance only points to indiscrim- inate horrors.
[No. 153.] Gor. Rutledge to Gen. Marion.
CAMDEN, Sept. 3, 1781.
Sir :
On full consideration of the matter, I think justice to our friends whose wives and families the enemy have sent out of the State, and policy require that we should send into the enemy's lines the wives and families of all such men as are now with and adhere to the ene- my. I lament the distress which many innocent women and chil- dren may probably suffer by this measure, but they must follow the fate of their husbands and parents, and blame can only be impu- ted to them and to the British commanders, whose conduct on the principles of retaliation justifies this step, which all circumstances considered, is an indispensable one. You will therefore give the ne- cessary orders for enforcing this measure within the district of your Brigade, without delay or exception. I am much dissatisfied with the present allotment of the several Brigades in this State, and think a fourth might be formed to the southward, and that the other three might be better divided. I wish you would consider this matter well, and give me your sentiments as soon as convenient on the best manner of establishing four Brigades. I also request that you will furnish me as soon as you can have it made out, with an accurate alphabetical list of' all persons having property within your Brigade who come under the following heads or description, dis- tinguishing which heads they respectively fall under, viz : 1st. Such as have held or hold British commissions, remarking what the com- mission is. 2d. Such as have gone over and adhiere to the British government, or whose conduct has manifested them to be notorious and dangerous enemies to their country. 3d. British subjects re-
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siding abroad. Please send off an express immediately to Col. Harden, with the enclosed.
I am sir, your humble servant, J. RUTLEDGE,
-
[No. 154.] Gor. Rutledge to Gen. Marion. September 6, 1781.
Dear Sir :
In the words, " send the wives and families of those who are with aud adhere to the enemy into them," you'll understand my meaning to be, that they be sent into Charles Town, and give orders accordingly. Be pleased to send the enclosed (which contains a similar explanation of the orders to Col. Harden on that subject) to him immediately by a trusty person, in haste.
Yours, &c., J. RUTLEDGE.
The following paper found enclosed in the above (supposed to be written by Gov. Rutledge) :
Ist. When did you begin and what methods did you take to form a party ! what public measures increased and what decreased your force ? 2d. How did you get ammunition, and how support your troops ? 3d What are the particulars of your late action, the pri- soners and of your leaving the State after the battle of - and of your return to it ? 4th. How did you defend yourself against the enemy ? 5th. What are the methods taken by the British to annihilate your force ? house burnings and murders, how many on both sides ? 6th. What particular expeditions have you underta- ken wuen alone, and your force when co-operating and your num- berg at different times ?
[No. 155.] Major. Ganey to Gen. Marion. PEE DEE, Sept. 8, 1781.
Sir :
Your answer of the 5th of September came to hand this day, and in perusing the same, I understand that your honor wrote concerning
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the acquaintance you gave to the North Carolinians concerning our truce, which I never received or heard of before ; it has miscar- ried by some meaus or other. My full desire, sir, is to be at peace with all parties if they will with me. I am very sorry sir, toacquaint your honor, that I am under the disagreeable necessity of complain- ing to yon of Col. Murphy ; I wrote several orders to him to re- store their plunder, which they refused to do -- except such as is of no service to themselves; all that is of value they keep, sy that I found there a stumbling block. The way, just about the time that Murphy first broke out and ruined me and broke up, for which rea- son I first revolted my constancy to my country ; he took some hor- ses from me, one of which he has yet in his possession ; then I wrote an order and sent to him for said horses which he refused to send without I would hunt up and get all his horses that he has lost, which was six or seven head, he says ; and I don't know his hor- ses ; I never saw them, and in the like manner they detain several horses and negroes and a number of cows. I have no reason to complain of any of your men, save that same Regiment of Murphy's, The list you wrote to me about, you shall faithfully have given up very shortly to Col. Irvin's order. I am, with respect sir,
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