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 9
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ARr. 4th. They engage to apprehend and deliver up all persons within the district, who shall refuse to accede to these terms and contumaciously persist in rebellion against the State.
ART. 5th. They will deliver up as soon as possible, every man who belongs to any regular line in the American service, and every inhabitant of North Carolina, or this or any other State, who have joined them since the 17th of June, 1781, when the last treaty was made, or oblidge them to go out of the district, and whenever they returu, to take and deliver them into safe custody of any jail within the State.
ART. 6th. Every man is to sign an instrument of writing, pro- fessing his allegiance to the United States of America, and the State of South Carolina in particular, and to abjure his Britannic Majesty, his heirs, successors and adherents.
ART. 7th. And promise to oppose all the enemies of the United States, and the State of South Carolina in particular.
ART. Sth. The above eight articles being agreed on, they shall have a full pardon for all treason committed by them against the State, and enjoy their property and be protected by the laws thereof.
ART. 9th. Such men as do not choose to accede to the above trea- ty, shall deliver themselves as prisoners of war, and shall be safely conducted within the British lines, to be exchanged for so many American prisoners, and will be allowed to carry their wives and children and such property, (stock and arms excepted) as are really theirs. All arms, ammunition and warlike stores to be delivered up.
[No. 123.] Marquis La Fayette to the oficers on their way to the South, Carter's Ferry, Va.
HEAD QUARTERS, June 21, 1781.
Gentlemen :
I send by the bearer a number of letters for the Southern army,
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some of them of the greatest importance, in so much that they should not be delivered into any other hands than Gen. Greene's. Should any delay arise to your company, I would request that one of you would proceed with as much despatch as convenient to the Head Quarters of the Southern army.
The enemy moved this morning from Richmond ; it appears they have taken the road to Williamsburg.
I have the honor to be
Your most obd't. humble servant,
LA FAYETTE.
It will be indeed a very great service to the public should the en closed be forwarded as speedily as possibly. I have the honor to wish you a good journey.
Permit the bearer, an express, to pass.
WM. CONSTABLE, A. D. C.
[No. 124.] Gen. Greene to Gen. Marion.
HEAD QUARTERS NEAR SANDY RIVER, June 25th, 1781.
Dear Sir:
I am favoured with your letter dated at the Congaree. The enemy have obliged us to raise the siege of Ninety-Six, when it was upon the eve of surrendering. It was my wish to have fought Lord Raw- don before he gotto Ninety-Six, and could I have collected your force and that of Gen. Sumter and Pickens, I would have done it, and am persuaded we should have defeated him, but being left alone, I was obliged to retire. I am surprised the people should be so averse to joining in some general plan of operations. It will be impossible to carry on the war to advantage, or even attempt to hold the country, unless your force can be directed to a point ; and as to flying parties here and there, they are of no consequence in the great events of war. If the people will not be more united in their views, they must abide the consequences, for I will not cal. culate upon them at all, unless they will agree to act conformably to the great law of recovering all parts of the country, and not par-
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ticular parts. Gen. Sumter is preparing for a manœuvre down in the lower part of the State, and he will require your aid to bring it into effect. You will therefore call out all the force you can, and co-operate with him in any manner he may direct. Count De Gresse has defeated Admiral Rodney in the West Indies, and taken St. Lucia. These are facts, and you may propagate them.
With esteem and regard, I am dear sir,
Your humble servant, NATH. GREENE.
[ No. 125.] Gen. Greene to Lieut. Col. Lee.
June 25th, 1781.
Dear Lee :
I have just received your two letters of this day. In my last I gave you full liberty to act as you thought proper, and circumstan- ces dictated to be necessary. Sumter is on the march for the Con- garee, and will prepare to go still lower down. Let your move- ments be correspondent with his, so far as you may find them consistent with the good of the service. We shall remain on this ground to-morrow, after which we shall move to the point agreed on.
I think the enemy will have a hard struggle in evacuating Ninety- Six. I am rather inclined to think they will garrison it with tories if they can get provisions. If the enemy's reinforcements are as large as is represented, they will try to take post at the Congarees; and nothing but the fear of our army will prevent it. I cannot think it prudent while the British army is in the field, and we want to reduce them to the necessity of retiring into the lower country, to detach any part of our horse. It is not only necessary to have a superior cavalry, but a very great superiority. By keeping our- selves collected we may effect what we wish ; but by dividing we may defeat the whole. Sumter and Marion are collecting their furers; and the militia from Roan and Mecklenburgh are collecting in considerable force. Armstrong has joined us this afternoon with the North Carolina regulars. A detachment of Continental troops has come up. If Pickens joins us with a considerable force it will be my wish to force Lord Rawdon to an action.
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Letters from Virginia to-day, but nothing new. General Mor- gan with a large body of Virginia riflemen are forming a junction with the Marquis. General Cadwallader also with 2000 Maryland minute-men have formed a junction with the Marquis. The people in that quarter are in high spirits, and a defeat and capture of the Earl is strongly talked of. But this you know will require hard blows. Some of the Southern army is much wished for ; I mean the Legion and the gallant Col. Lee.
Yours affectionately,
N. GREENE.
[No. 126.] Gen. Greene to Lieut. Col. Lee.
Dear Sir :
HEAD QUARTERS, June 29th, 1781.
By a deserter who came into the camp last evening, I learn the enemy have 16 wagons loaded with stores of different kinds moving up from Charleston, upon the Orangeburg road, under an escort of four hundred men and forty cavalry, for the use of Lord Rawdon's army. He left them at Four Holes, 35 miles below Orangeburg on Sunday last, and says they could not march more than 8 or 10 miles a day, and adds that they were very sickly and much dissatis. fied. I have directed Col. Washington to move down to An- crum's plantation on the Congaree, and Col. Middleton to join him at that place If you are in a situation to form a junction with them I think you may take the whole of this escort with great ease. I beg you will take measures therefore without loss of time, forming a junction with them at that place, or advertising them where it may be effected to more advantage. Or if you think your force equal to the attempt, and that the opportunity may be lost by wait- ing for a reinforcement, in that case, you will move as further infor- mation may dictate to be necessary. As your collective force join- ed to that of Washington and Middleton will effect the business without risque, I wish you not to lazard too much to effect it. But at any rate you will inform Col. Washington what route you will move, and what you wish him to do. I shall send a duplicate of this letter for fear one should mi-carry.
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I have the pleasure to inform you by letters received yesterday from Virginia, that Lord Cornwallis is retiring before the Marquis. Gen'T. Washington joined by the French army has laid siege to New York with an army of 15,000 men. I have also official informa- tion from Congress of the defeat of the British fleet in the West Indies. I have several other interesting pieces of intelligence which are Hattering to our interests, but am not at liberty to disclose them at present.
Part of our reinforcements have arrived, and the remainder of them are near.
I rely upon your prudence and activity, and am,
Yours affectionately,
N. GREENE.
[No. 127.] - - to Gen'l. Marion.
PEE DEE, July 6th, 1781.
Dear Sir :
I wrote you the 14th, which will be handed you by the bearer here, of our public business ; and now have to address you, sir, on account of slaves of one Capt. Kinborough, who before Gates' de- feat withdrew himself from his plantation in this State with part of his property and twenty-seven slaves to Camden, as did many others from this river, where he remained late after the defeat, when he returned home without his slaves ; and about the twentieth of Sep- tember, I, by order of Gov. Nash, took post on the Pee Dee to protect the inhabitants, and our scouts being constantly on duty, he could not get back if it was his choice, though he lay out till the 22d of November, when he surrendered himself to me a prisoner, subject to be tried by his country, and seemed to be very sorry for his past conduct-on which I promised to permit him or some other person to go to bring in Ius property ; and I in December gave him a per- mit to send for his slaves home, on which he gave a bond payable to the Governor or his successors, for five hundred thousand pounds, with five able securities, for the producing the said slaves whenever the sense of the Legislature should be known; but he taking the Small Pox was not able to go after his property till the return of
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Gen'l. Greene to the siege of Camden, some of whose officers car- ried Mr. Kinborough to camp, and General Greene paroled him till called by the commanding officer of the Southern army, or the Le- gislature of this State. Now the Assembly of this State is setting, and Mr. Kinborough and others are called onin like circumstances, and will be judged guilty and their property confiscated or acquitted and restored to their privileges; and when Gen'l. Greene paroled him, he directed him to apply to me for a pass to Mr. Gaynor to go for his slaves, and I thought the negroes ought to be retained till the sense of the legislature should be known on Mr. Kinborough's case. When I gave the order, I should have addressed you, but expecting you then to be at George Town, and sundry persons of property being taken in the Congaree fort, who have withdrawn themselves from here, who were suffered to enlist out of custody in Gen'l. Sumter's Brigade, and then hired substitutes, and have not served two weeks and are come home here; and some of them the most inveterate tory officers we were troubled with, and have brought home their own slaves and no doubt some that they plun- dered from good men. Now Kinborough has hired a certain con- tinental soldier during the war, and if Mr. Kinborough's estate should be confiscated, it's no doubt with me that he being an in- habitant of this State, that the personal estate will always go with the landed estate, and the commissioners of the confiscated estate have a right to collect the persons property that reside in their districts from any place in the United States, wherever it may be found, of which I am a Commissioner for the district of Salisbury, or would not have sent for them. So if you judge that the State have a right to retain the property of the inhabitants of the State without the Confiscation act, carried into it, they would lose in their accounts by it, as there are large numbers of slaves brought to this State from yours, the property of the disaffected judged when taken by plun- dering parties which our laws put in the power of the county sher- iff's to take into their care for the benefit of your State, or the own- ers of good men. Now, sir, if you think proper to order those ne- groes into my possession out of the hands of the several persons hands that have them, I will employ them in the State of South Carolina. in the Commissary department, and be accountable for them to your State or ours as the case may be determined, as I am
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creditably informed they are all in bad hands, only a few in the hands of Capt. Spann, in whose hands if you don't choose to send them to me, I hope in justice to the public, you will order them, though I have sandry negroes in my care, that I took from people that plun- dered them from your State, as the Gov. Rutledge ordered me to take those kind of slaves till legally called for, which I have em- ployed in beating out corn.
[No. 128.] Extract of a Letter from Ad'jt. Gen. Williams to Maj. Pendleton, Aid-de- Camp to Gen. Greene.
CAMP HILLS, SANTEE, July 16, 1781. " Dear Pendleton :
" After you left us at Ninety-Six we were obliged to retrograde as far as the cross roads above Winnsborough. Lord Rawdon's re- turn over Saluda induced the General to halt the army, and wait for intelligence respecting his further manoeuvres, and hearing a few days after that his lordship was on his march to fort Granby, our army was ordered to march towards that place by way of Winnsborough. Before we could arrive at Congaree, Lord Raw- don retired to Orangeburgh ; and as he had left a considerable part of his army at Ninety-Six, Gen. Greene detached the cavalry and light infantry to join Gen. Marion, and endeavor to intercept Col. Stewart, who was on his march from Charleston with the Third Regiment, &c., consisting of about three hundred, conveying bread, stores, &c., of which Lord Rawdon's troops were in great want. Stewart however joined his lordship at Orangeburgh; and Gen. Greene, from the information he had received, was encouraged to espect success from an attack upon the British army at that post. Accordingly he collected his troops, and called together the militia and state troops under Gen's. Suinter and Marion (Gen. Pickens be- ing left to watch the motions of Col. Cruger). A junction of the whole formed a very respectable little army, which marched to a sinell branch of North Edisto, within four miles of Orangeburgh, where we halted, and lay the 12th instant from about nine o'clock in the morning till six in the afternoon.
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"Gen. Greene reconnoitred the position of the enemy, and found it materially different from what it had been represented. The ground is broken, and naturally strong, from the Court-house (which is two stories high and built of brick), to a bridge four or five hundred yards distant, the only pass over the Edisto within many miles. The general had every reason to believe what he had soon afterwards confirmed, that Col. Cruger had evacuated Ninety-Six, and was on his march to join Lord Rawdon, which might possibly be done before we could force his lordship (if he could be forced at all) to a general action,-the issue of which was not certain. These considerations induced the General rather to offer than give battle. The enemy declined the opportunity, and put up with the insult. Gen. Greene, therefore, ordered our troops to retire in the afternoon to Col. Middleton's plantation, from whence we have proceeded by slow easy marches to this place, and not without leaving behind sufficient detachments to intercept their con- voys from below, and to create such a diversion at Monk's Corner, Dorchester, &c., as will very probably oblige his lordship to march to their relief. Indeed I am encouraged to hope that the garrison at Charleston will not be undisturbed. Mischief is meditated against them in other quarters; and I sanguinely trust the issue of this campaign will permanently fix the exalted idea the world has just- ly conceived of the eminent abilities of our General, and secure du- rable advantages to the country."
[No. 129.] Gen. Greene to Gen'l. Marion.
HEAD QUARTERS, HIGH HILLS OF SANTEE, July 21, 1781. Dear Sir :
Your letter of the 19th, giving an account of the operations be- low, I have had the pleasure to receive. The gallantry and good conduct of your men reflects the highest honor upon your Brigade. I only lament that men who spilt their blood in such noble exertions to serve their country could not have met with more deserved suc- cess. I beg you will communicate my particular thanks to the of- ficers and men of the respective corps. I am fully sensible of their
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merit and shall take pleasure in doing them justice. It is true your success was not complete, yet I think the advantages will be great, had the intentions of the enemy not been mistaken at Monk's Corner, you would have had the whole prisoners, and a glorious af- fair it would have been. If the enemy continues at Orangeburg. I propose to post your Brigade at or near Nelson's Ferry, keeping such parties upon the enemy's lines as you may think proper. Gen. Sumter I propose to post at Friday's Ferry, and to have all the grain removed from the lower to the upper side of the river. If this can be effected it will prevent the enemy from taking post there unless they hazard every thing, which I think they will not venture upon. I beg to have your opinion upon the practibility of embody- ing a certain proportion of the Militia a given time : say four months; a standing force will be of great importance to this country for a few months to come. Matters are coming to a crisis, in which this State is deeply interested, and I am afraid the enemy will take ad- vantantage of some critical moment, to ruin our prospects and re- cover the advantage they have lost. I beg you will consult your principal officers on this point and advise me of the result as soon as possible.
I am, sir, with regard,
Your most obedient humble servant,
NATH. GREENE.
[ No. 130.] Sam'l. Mc Dowell to Col. WVm. Campbell.
HENRICO, July 25, 1781. Dear Sir :
I have no official news worth notice, but report says that a Con- gress of several great powers in Europe is to meet to settle the war ; and I have reasons to believe it, and that America will be in- cluded in the treaty. Perhaps Commissioners from this country may at this time be appointed (but here I must stop), however I am persuaded we shall have peace by next May. On our own exer- Cione, this campaign, depends our future happiness. We ought, if possible, to drive of the enemy or pen them in as small bounds as in our power. Hold what we possess will be strongly insisted on
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in the treaty. The French have gained great advantages in the East Indies, and some in the West Indies. I have only to add my best wishes for your future happiness and success in your endeavors for the defence of your country. May they be crowned with honor.
There are above two thousand men ordered to the southward to join Gen. Greene. It is talked that Gen. Lawson will have the of. fer of the command, as he is very popular with the militia. I wish dear sir, (if it would suit you) that you were to have the command of them. Washington and Montgomery counties make up part of the men, but are to join Gren. Greene by the nearest route. I would be glad of a line from you; if any thing worth notice comes to my knowledge you shall have it. I had almost forgot the last par- agraph of my letter, but I now subscribe myself
Your sincere friend,
SAMUEL McDOWELL.
[No. 131.] W. Washington to Col. Richard Hampton. MR. DAVISON'S, July 26, 1781. Sir :
I hope you have been successful in your nocturnal expedhion. I have come to a resolution to cross the river this evening; I wish you to be with me ; if you cannot, should be obliged to you to send all the guides you have, and what intelligence you have collected. Let me hear from you before sunset this evening. I am, sir,
Your very humble servant, W WASHINGTON.
[No. 132.] C. Fraser to Mr. Hayne. "JULY 26, 1751.
Sir :
I am charged by the Commandant to inform you, that a council of general ofcers will assemble to-morrow at ten o'clock, in the hall of the province, to try you. I am, &c.,
C. FRASER, Major of the town.
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[No. 133.] C. Fraser to Mr. Hayne. THURSDAY EVENING, July 27, 1781.
Sir :
I am ordered by the Commandant to acquaint you, that instead of a council of general officers, as is mentioned in my letter of this morning, a court of enquiry, composed of four general officers and five captains, will be assembled to-morrow at ten o'clock, in the province hall, for the purpose of determining under what point of view you ought to be considered.
You will immediately be allowed pen, ink and paper ; and any person that you choose to appoint, will be permitted to accompany you as your council, at the same hour and place. I am, &c.,
C. FRASER, Major of the town.
[No. 134.] C. Fraser to Mr. Hayne, in the Provost Prison. MEMORANDUM.
SUNDAY, July 29, 1781.
The adjutant of the town will be so good as to go to Col. Hayne in the provost's prison, and inform him, that, in consequence of the court of enquiry held yesterday, and the preceding evening, on his account, Lord Rawdon, and the Commandant, Lieut. Col. Nesbit Balfour, have resolved upon his execution on Tuesday, the 30th inst., at six o'clock, for having been found under arms, and em- loyed in raising a Regiment to oppose the British government, though he had become a subject, and had accepted the protection of that government, after the reduction of Charles Town.
(Signed) C. FRASER, Major of the town.
[ No. 135.] Isaac Hayne to Lord Raudon and Col. Balfour.
PROVOST, July 29, 1781.
" My Lord and Sir :
"On Thursday morning I had the honor of receiving a letter from Major Frazer, by which he informed me, that a council of
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general officers would be assembled the next day for my trial ; and on the evening of the same day, I received another letter from the same officer, acquainting me, that instead of that, a court of inquiry would sit for the purpose of deciding under what point of view I ought to be considered. [ was also told, that any person whom I should appoint, would be permitted to accompany me as my coun- sel. Having never entertained any other idea of a court of inqui- ry, or heard of any other being formed of it, than of its serving merely to precede a council of war, or some other tribunal; for ex- amining the circumstances more fully, except in the case of a spy ; and Mr. Jarvis, lieutenant marshal to the provost, not having suc- ceeded in finding the person who had been named for my counsel, I did not take the pains to summon any witnesses, though it would have been in my power to have produced many ; and I presented myself before the court without any assistance whatever. When I was before that assembly, I was further convinced that I had not been deceived in my conjectures. I found that the members of it were not sworn, and the witnesses were not examined upon oath ; and all the members, as well as every person present, might easily have perceived, by the questions which I asked, and by the whole tenor of my conduct, that I had not the least notion that I was tried orexamined upon an affair on which my life or death depended.
"In the case of spies, a court of inquiry is all that can be neces- sary, because the simple fiet whether the person is or is not a spy, is all that can be the object of their researches ; and his having en- tered the lines of the enemy's camp or garrison, subjects him to mil- itary execution. As that accusation neither is nor can be made against me, I humbly conceive that the information I received, that the court would make inquiry concerning what point of view I ought to be considered under, could not be taken as a sufficient no- tice of their having an intention to try me then ; but could only be thought to signify, that they were to take it into consideration whether I ought to be looked upon as a British subject or as an American : that in the first case I should undergo a legal and im- partial trial ; in the second, I should be set at liberty on my parole. Judge then, my lord and sir, of the astonishment I must have been in, when I found they had drawn me by surprise into a proceeding tending to judgment, without my knowing it to be such ; and de-
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prived me of the ability of making a legal defence, which it would have been very easy for me to have done, founded both in law and in fact ;- when I saw myself destitute of the assistance of counsel and of witnesses ; and when they abruptly informed me, that after the procedure of the court I was condemned to die, and that in a very few days-immediately upon receiving this notice, I sent for the lawyer whom I had originally chosen for my counsel. I here inclose His opinion concerning the legality of the process held against me : and I beg that I may be permitted to refer myself to hinr. I can assure you with the utmost truth, that I had and have many reasons to urge in my defence, if you will grant me the favor of a regular trial; if not, which I cannot however suppose from your justice and humanity, I earnestly intreat that my execution may be deferred, that I may at least take a last farewell of my children, and prepare for the dreadful change. I hope you will return me a speedy answer; and am, with respect, ISAAC HAYNE."
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