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 14
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are now waiting at Murray's Ferry, and will there remain till I re- ceive your orders. I most sincerely congratulate you on your suc- cess on Saturday last. Report says your militia behaved like old Veterans. I am, sir,
Your most obedient humble servant,
WM. RICHARDSON.
[No. 162.] Gov. Rutledge to Gen. Marion.
CONGAREE, Sept. 14, 1781. Dear Sir :
Upon consideration of the matter, it appears to me that the en- closed allotment of your Brigades is the best that can be made. I wish to know from you as soon as possible, whether you are of the same opinion, or whether you would recommend thatany and which Regiment should be thrown into different Brigades than they are in according to this allotment, for I wish to have the several Regiments throughout this State properly brigaded, the militia classed and draughted, the Regiments properly and fully officered, and such other regulations established as may be most expedient for render- ing the militin serviceable. I shall expect to hear from you in an. swer to this letter and several others lately wrote you, as soon as the busy scenes in which you are now engaged will allow you leisure for that purpose. I am, sir,
Your very humble servant, J. RUTLEDGE.
P. S. Since writing the above, I have received yours of the 3d instant. I am sorry to find that the Southward militia behaved ill. I hope, however, we shall soon reform them ; we must endeavor to have them better officered. Pray recommend (if you can) some good man on the west side of Santee River, for Ordinary of Charles Town District, who will not be afraid to undertake the office. I presume such a man may be found near Santee River, as he will be under your wing and safe. I wish to make this appointment as soon as possible, having fixed on proper persons for all the other Districts,
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therefore let me know if you please as soon as convenient, whom you recommend for this district.
I am, dear sir, Your obedient servant,
J. RUTLEDGE.
[No. 163.] Gor. Rutledge to Gen. Marion.
SEPTEMBER 14, 1781.
Dear Sir :
I had thought of requesting Col. Mayham to accept the office of Ordinary for Charles Town District, but it is necessary that the Ordinary should reside in the district for which he is to act, and I was told Col. Mayham resided on the east side of Santee, but since my letter to you of this morning, I understand he lives on the west side and consequently in Charles Town District; you need not there- fore take the trouble of looking out for a proper man for that dis- triet, as I shall appoint him and will in a few days send a commis- sion to him which I hope he will accept, as it will not interfere with his militia duty. I am, sir,
Your obedient servant, J. RUTLEDGE.
[No. 164.] Gen. Marion to Col. Peter Horry.
SEPTEMBER, 14, 1781.
Dear Sir :
Yours of the 7th and 8th inst. came to hand last night. It is en- tirely out my power to pay any attention to the tories, as I have not one sixth of the men out, that ought to be this month. Enclosed is an order for the leather; I had wrote you formerly that all saddles, arms and horses may be taken from such men as have given substitutes. I am sorry to find you have so few men mounted and accoutred. I was in hopes to have had a troop at least in action. I have been so harrassed that neither my horses or men can move. In the ac- tion of the Sth inst. the enemy lost at least one thousand men-up-
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warJs of five hundred are prisoners. Our loss is one hundred and wegave killed. wounded and missing. Col. Washington fell in De nems'y hands by accident, having his horse killed which fell on Col. Campbell, of the Virginia line, was killed ; Gen. Pick. .f. ,bily wounded ; Col. Henderson through the leg; Lieut. (. Huthe Merry wounded through the fleshy part of his leg. Mary valable officers got wounded. The action was close and Ledan lour: my Brigade behaved well, but the North Carolina :the mole. C'e'. Malmady ron the third fire ; all the troops ex- GotFry de chu like heroes, and the enemy was drove above a mile. Watch fires pieces of cannon, one was retaken, and we lost two Pipas ty advancing too far to batter the Eutaw house. The ene- my new metal with great precipitation to Monk's corner, where they .comred reinforcements from town ; they left seventy wounded at Cutaw. I am, with regard,
Your cbedient servant,
F. MARION.
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[No. 165.] Major Pierce ( Aid-de-camp ) to Gen. Marion.
MRS. MOTTE'S, Sept. 14, 1781. Sir :
Your two leuors of the 26th ult., and 4th inst .. directed to Gen. Greene, Have been daly received. I am desired by the General to Youre yon that if' more horses should arrive from North Carolina, ran are engaged for the two established corps of Cavalry, you shall y laubtedly clair his first attention, but as yet, none have arrived. %yoy my sending officers into North Carolina to recruit, it is a · home that he can only countenance, but not by any means author- If your prospects are good, he thinks you had better make "- trat, for the great object is the same to every State, and no lo- "! . leantaze or disadvantage can arise from it. Enclosed is an or- dwie m the Governor on Capt. Richardson, for as much of the Afin as may be sufficient to procure necessary equipments war Bapriment of Dragoons. The General depends much on erjodem : t and prudence in calculating the quantities, and hopes I will keep a view the strictest economy. Instead of the two 11
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companies of Riflemen, that you wish to have attached to your corps, the General wishes you to raise only one, and engage them for as long a time as you can. You may continue to receive or not receive substitutes for the militia, as you may judge best calculated to promote the public good.
I have the honor to be, sir, with great respect,
Your most obedient humble servant, WVM. PIERCE, jr., Aid-de-camp.
[No. 166.] Gov. Rutledge to Gen. Marion.
CONGAREE, Sept. 15, 1781. Dear Sir :
I think after the glorious victory at Eutaw, it would be expedi- ent to issue a proclamation offering to all who have joined and are now with the enemy, excepting such as signed the congratulatory addresses to Clinton and Cornwallis, or have held, or hold commis- sions under the British government, a free pardon and permission for their wives and families to return and re-occupy their possessions. on condition that such men appearing at our head quarters, or before a Brigade or the Colonel of any Regiment, and there subscribing an engagement to serve the State faithfully as militia men for six months, and declaring in case of their deserting in that time, their wives and families shall be sent into Charles Town of the enemy's lines. I apprehend such a measure would be well-timed at this juncture, and might induce some, perhaps many, to return to their allegiance and behave well, which would not only deprive the Brit- ish of their services, but turn those services to our advantage. How- ever, this is a nice point, and I don't know how it will be relished by our friends. You know mankind generally judge of the pro- priety of measures from events These we cannot foresee, but it is our duty to consider what they probably will be, and to take such stops as are most likely to produce the best effects. I now re- quest that you will favor me by bearer, with your opinion on these several points. 1s. Whether you think it advisable to issue any proclamation or offer of' pardon. 2d. Would it be best to make
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any condition at all of a pardon; if condition is made should it be the person entering into the Continental service for a certain time, (that I am afraid they would not like) or would it be sufficient to re- quire them to serve as militia for a certain time after the expiration of which they would be liable to do duty as the other inhabitants ? Is six months service long enough ? I think a time ought to be liniited for their coming in, Suppose twenty days ;- would that be long enough ? Would it not be best that they should appear and subscribe the agreement at one certain place, say the head quar- ters of the army, or should it be either there or before any Briga- dier or Colonel, or before a Brigadier only ? Pray give me your sentiments fully and freely on this matter, also with respect to the allotment of Brigades, about which I wrote you yesterday. by return of the bearer, and despatch him as soon as you can, for I keep Gon. Pickens only till I hear from you on these points, and he is very anxious to get away. I am, sir,
Your most obedient servant,
J. RUTLEDGE.
.
| No. 167.] Gov. Rutledge to Gen. Marion.
CONGARDE, Sept. 17, 1781. Dear Sir :
I have allotted to your Brigade the following Regiments, viz : Lieut. Col. McDonald's, Richardson's, Irvin's, and Benton's, and the Regiment formerly Maybank's. You will receive herewith, a number of blank commissions ; be pleased to have the Regiments fully and properly officered, mustered and classed, or draughted as soon as possible, and march one third of them with the utmost expedition to Head Quarters, or such other place as the Hon. Maj. Gen. Greene shall direct, to do duty under his orders for two months from the time of their arrival thereat. Enclosed are such extracts from several laws as are necessary to be made known to the militia, you will have each Colonel furnished with a copy of them and or- der they be publicly read at the head of his Regiment, and a copy taken by each of his fiell officers and Captains that now may pre- tend ignorance of them. The militia laws may certainly be made
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much better than they are generally supposed to be. You will therefore appoint the most proper men in your Brigade for officers, and have the laws carried strictly and steadily into execution. You will direct that the men come on foot, for they are to do duty as Infantry, and their horses cannot be kept in camp, nor can any draughted inen be spared to convey them back. If the number of commissions herewith sent are insufficient, let me know how many more are wanted, and I will send them as soon as they canbe print- ed. In the mean time you will give brevets to officers for whom there are no commissions. I wrote to Capt. Arns Vanderhorst to come and take command of the Regiment, formerly Maybank's, and will keep the commission of Colonel open till I hear from him. You will appoint a Lieut. Colonel and other necessary officers for that Regiment.
I will send you printed copies of three proclamations, which are enclosed as soon as a press can get to work. In the interim, please have a copy taken and delivered to each Col- onel, with orders to have it read at the head of his Regiment and circulated through the district of it. Pray have the enclosed letter to Col. Hugh Horry and the papers forwarded. My proclamation of this date, suspends until ten days after the next meeting and sitting of the General Assembly, the Acts which make Continental and State money a tender in law ; all fines must therefore be paid in specie. By the militia laws of 1778 and 1779, offenders are lia- ble to be fined in sums not exceeding those which are therein men- tioned, as they areimposed in current money, and the fines hereafter to be levied are to be paid in specie; it is necessary to ascertain to what amount in specie the court may fine. In 1776, the militia were entitled to ten shillings current money a day. There was at that time, no difference in the value of specie and paper money. In March 1778, the pay of the militia continued the same; it is therefore to be presumed that no difference had taken place between paper money and specie, at least there is no legislative acknowl- edgment of' any depreciation. But in February 1779, the pay of militia was raised from 10s. to 323. Od. per day, the paper money having, and being admitted by the Legislature to be, depreciated in that proportion: From there observations, we may fix the foi- lowing rule as the most just and equitable for determining how far
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the court may fine in specie, viz : For fines imposed by the Act of 1778 to the amount of the sums mentioned in the law. Thus €100 in specie (according to the old current rate of gold or silver) for £100 currency. But for fines under the Act of 1779, they must not excecd in specie the sums therein mentioned as ¿150 specie (ac- cording to the old currency rate of gold and silver) for €500 cur- rency. You will order all offenders who may be condemned to the Continental service, to be sent under a sufficient guard to head quarters. Persons against whose bodies executions issue are to be committed to the gaol at Waxsaws. You will give orders that no persons be suffered to pass from this State into any other through the district of your Brigade, without a permit from me, the Gen- eral commanding the Continental troops, one of his Aids, or a Brigadier of militia, and that all persons, taken prisoners or stop- ped on suspicions, be thoroughly searched, to prevent the enemy's carrying on a correspondence by this means.
I am, with great regard, dear sir,
Your most obedient servant, J. RUTLEDGE.
Proclamation of his Excellency Jao. Rutledge, Esq., Governor and Commander-in- Chief of South Carolina.
Provincial Assembly. Whereas the bills of credit or paper money, emitted by the honorable Continental Congress or the Legislature of of this State, are, by law, made and declared to be a tender in payment of all debts, contracts, dues and demands whatsoever ; and whereas from the redundancy of the said paper currency, the non establish- ment of funds for the sinking or redeeming thereof, and other cau- ses, it has greatly depreciated in its comparative value with specie, and the persons possessed of paper money have acquired the same for very trifling considerations, so that it would be inequitable and unjust to oblige creditors to accept of such money at an equal value with gold or silver, and it is difficult to ascertain an exchange or rate at which the same should pass, and the fixing such exchange as present would be attended with many inconveniences, I have there- fore thought proper to suspend, and I do by this my proclamation,
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and with the consent of the privy Council, and by virtue of the power and authority in me vested, suspend the several resolves and Acts of the Legislature, which make said paper currency a tender in law for or in payment of any debt or demand whatever. And I do declare the said resolves and acts to be accordingly suspende l until ten days after the meeting and sitting of the General Assem- bly ; and whereas, it would be oppressive (the said Tender Laws being so suspended) in present condition of the State, to suffer cred- itors to sue for recovery of debts, I do therefore, hereby prohibit and forbid all actions, suits, processes and proceedings in the Courts of Common Law or before a Justice of the Peace, under the Act for the trial of small and mean causes, until ten days after the next meeting and sitting of the General Assembly, to the end that the weighty and important matters may be submitted to their considera- tion and finally be determined by their authority.
Given under my hand and great seal at Congarees this thirteenth day of September, in the year of our Lord one thousand seven hundred and eighty-one, and in the sixth year of the Independence of America. By his Excellency's command.
JOHN SANFORD DART, Sect'y.
SEPTEMBER 17, 1781.
[ No. 168.] Gor. Rutledge to Col. R. Hampton. CONGAREE, Sept. 17, 1781.
Sir :
I have annexed your Regiment to Gen. Sumter's Brigade. You are, therefore, in future to obey his orders.
I am, sir, your very humble servant, J. RUTLEDGE.
[No. 169.] Gen'l. Groene to Gen'l. Marion.
HIGH HILLS, Sept. 17, 1751. Dear Sir : -
I have the pleasure to congratulate you on the arrival of Count De Grasse in Chesapeake Bay with 28 sail of the line, a number of
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frigates and 6000 land forces. Gen. Washington is also arrived in Virginia to tike command of the army. From these circumstances and from some further intelligence of Lord Cornwallis' movements; it is highly probably that his lordship will endeavor to retreat through North Carolina to Charles Town. I must therefore entreat that you will use every exertion to collect as large a body of militia to- gether and as speedily as possible, that we may be able to intercept his lordship, and frustrate his design. I need not urge further the necessity of despatch, as his success must wholly depend on the rapidity of his movements. You will let me hear from you imme- diately on this subject, and hold yourself ready to join the army at the shortest notice. I have the honor to be,
Your most obedient humble servant,
NATH. GREENE.
[No. 170.] Gen. Greene to Col. Peter Horry.
HIGH HILLS SANTEE, Sept. 17, 1781.
Dear Sir :
I congratulate you on the most flattering advices from the north- ward. Count De Grasse has arrived in Chesapeake with twenty- eight sail of the line, a number of frigates, and six thousand land forces, and Gen. Washington has also arrived in Virginia to take command of the army. Lord Cornwallis' movements indicate an intention of endeavoring to save himself by pushing a retreat through North Carolina to Charles Town. Should he undertake it, he will undoubtedly be preceded by a large body of Cavalry. I there- fore beg to impress you with the necessity of using uncommon ex- ertions to bring as many as possible of your Regiment into the field with the utmost expedition. You will be so obliging as to let me hear what are your prospects on this subject, and hold yourself rea- dy to join the army at the shortest notice.
I am, dear sir, your most obedient serv't , NATH. GREENE.
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[No. 171.] Gen. Marion to Col. Peter Horry.
SEPTEMBER, 17th, 1781.
Dear Sir :
I received yours of the 12th by Davis, and had answered every part two days ago. Wm. Johnston as you describe, is a soldier in 2d Regiment for the war ; you may keep him to do duty in your Regiment until called for. It is true Col. Mayham had sixty Dragoons out, elegantly mounted and well clothed and arined ; in ten days hence he will have twenty more fit for the field. The worlmen you employ, I suppose you may do with: as you think proper; to exceed ones power on emergency may be warrantable. The enemy have collected all their force, and are again at Eutaw, there is a fine field at present for Cavalry. I am, dear sir,
Your humble servant,
F. MARION.
[No. 172.] Gen Greene to Col Balfour.
HEAD QUARTERS, Sept. 19, 1781. Sir :
" Your favor of the 3d inst. I have received, and am happy for the honor of Colonel Hayne, to find nothing better to warrant his cruel and unjust execution, than the order of Lord Cornwallis, giv- en in the hour of victory, when he considered the lives, liberties and property of the people prostrate at his foot. But I confess thiet I can. not express my astonishment that you and Lord Rawdon should give such an extraordinary example of severity upon the authority of that order, under such a change of circumstances, so long after it had been remonstrated against, and after a cartel had been settled to restrain improper severities, and to prevent the necessity of retali- ation.
' You will see by my letter to Lord Cornwallis, of the 17th De- cember last, a copy of which is enclosed, that [ informed his lord- ship that his order was cruel and unprecedented, and that he might expect retaliation from the friends of the unfortunate.
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"You observe, that to authorize retaliation there should be a parity of circumstances, to which I can by no means agree. Re- taliation pre-supposes an act of violence having been committed, and that it is adopted to punish the past and restrain the future, and, therefore, whatever will produce these consequences is warranted by the laws of retaliation.
" You observe that the inhabitants of any country at war owe allegiance to the conquering power.
" The right of conquest, from partial successes, is often made use of to levy contributions, but I believe there are no instances where the inhabitants are punished capitally for breach of parole given under these circumstances, especially while the two parties are contending for empire; and this act of severity complained of, is the more extraordinary, as you had long lost that part of the country, and upon your own principles the inhabitants owed alle- giance to the conquering power.
" The execution of Lieut. Fulker was without my knowledge or consent. Nor did I ever hear of it before. I understood there were some who fell victims to the violence of the militia for the many cutrages they had been guilty of, and this without the know- ledge of the commanding officer, who put a stop to it the moment he discovered it. But there is a great difference between deliberate executions, and deaths which happen from an enraged people, ur- ged by a sense of injury and oppression.
"I have never authorized or countenanced an execution but for the crime of desertion, On the contrary, I have taken all the pains in my power to soften the resentments of the inhabitants towards each oth- er, and to prevent as much as possible the dreadful calamities of pri- vate murder. It has been my object to reclaim not to destroy even such of the inhabitants as have been opposed to the interests of their country ; and I cannot but consider your remarks respecting Col. Grierson and Major Dunlop, as both illiberal and ungenerous, if you are acquainted with facts, if not, I hope you will be more careful how you censure without authority in future. A handsome reward was offered for the detection of the murderers of both those persons, as you will see by the enclosures Nos. 2 and 3.
." As you have referred the justification of your conduct, in the affair of Col. Hayne, to Lord Cornwallis, and as his determination
.
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upon that matter will govern the business of future exchanges, I can see no advantage in appointing a person to meet Capt. Barry on the subject; besides which, that gentleman is now a prisoner of' war, and no longer in a capacity to negotiate affairs of this nature."
[No. 173.] Gen. Greene to Gen. Marion.
HEAD QUARTERS, HIGH HILLS SANTEE, Sept. 19, 1781. Dear General :
I thank you for your ready and cheerful compliance in calling out the militia, and beg you to take a position so as to be able to join us, should the enemy cross the Santee as they give out, which I can hardly suppose they will attempt in the desperate situation of their affairs in Virginia. If they will give us a few days to breathe, refresh and take care of our wounded, I shall have no objection to another touch : our prisoners amount to upwards of five hundred, and I will venture to say their loss in killed and wounded is not less than 600 more. Another such stroke will give us quiet and peace- able possession of all the country. By the last accounts from Vir- ginia, which have arrived since I wrote you, I am in great hopes, it will be out of the power of Lord Cornwallis to make good his retreat through North Carolina; but don't let that relax your pre- parations, for fear of accidents, and we may want the militia here for our own defence Should the enemy cross the Santee, give May- ham and Horry orders to join you immediately, both being directed to hold themselves in readiness.
With the most perfect esteem and regard, I am, dear sir,
Your most obedient humble servant,
NATH. GREENE.
[No. 174.] Major John Jamesto Gen. Marion.
INDIAN TOWN, Sept. 20, 1781.
Honored Sir :
Enclosed I send you aletter from Capt. Snow to Messrs. Rhodes and Jones, the contents will fully inform you of Snow's design and
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the method he is taking to accomplish it. Mr. Rhodes was in camp when the message came to his house. Mrs. Rhodes, his wife, being doubtful of the matter, came to me about it. I forewarned her or any other person from meddling with Tory property until your pleasure should be known. Ialso desired her to acquaint her hus- band with it at his home. Since I came from camp we have been much alarmed by the Tories; I have been twice out in scout against them ; once up Lynch's Creek, where they had made robberies and shed blood, but I could find none, they having all fled to their shel- ters. The second alarm was, that two hundred were in full march to destroy or carry our stores at Black Mingo. As quickly as pos- sible, I collected upwards of 30 men and made all speed to endea- vor to prevent them. The Tories aforesaid came only down Wacca- maw where they have done, as I am informed, a deal of mischief. A small party came down Britton's neck, and carried off some hor- ses ; they took off all Mr. Gibson's. At the earnest request of the inhabitants of Lynch's Creek, I gave orders to eight men, chiefly of Capt. Brown's company, to assist those people in keeping up con- stant scouts against the Tories, until you are pleased to give other di- rections. I am ready and should have set out for camp to-morrow with the relief, but from orders from my Colonel, concerning the to- ries women, which will give me some trouble. If Iam wanted in camp or any other command you may have for me, I am willing to comply with as far as I am capable. I sincerely congratulate you on the late additional honor you have acquired to you and your Brigade, and am, with due respect, sir,
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