USA > South Carolina > Orangeburg County > The history of Orangeburg County, South Carolina : from its first settlement to the close of the Revolutionary War > Part 21
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order that they should intercept it. I put forth a declaration on the 13th, which I inclose, together with the affidavit on which I grounded it. The declaration was publicly read in their camp the next day. This, together with a series of negociations, procured a dep- utation from their camp to me: and yesterday the deputies being in my camp, I drew up, and, with them, signed the enclosed instrument dated the 16th of Sep- tember."
*
"With this treaty, the spirit of discord is gone forth among them, and there is now a great quarrel between Fletchall and Cunningham. All the people in a man- ner approve of Fletchall's conduct, and they are, this morning, all gone off with him. Cunningham is now left at their camp with only about 60 men, who, I sup- pose, will soon disperse. I am persuaded Fletchall and his people will be true, and I make no doubt but that the affair is now crushed. I have employed peo- ple to watch Cunningham, and if he offends, he will be delivered up or taken by us to be proceeded against. Kirkland stands excepted from the benefit of the trea- ty *- they have nothing to do with him, they disclaim all communication with him. And I continue to pur- sue him. It is apprehended he may get on board the man-of-war."+ *
"I mean to stay here with the rangers some days".
* * "In the mean time, I shall, to-morrow, send off a company of rangers, in order to quiet the fears of the people above, but with orders not to advance anything near the Indian line".
*Kirkland signed the Association, accepted a captain's commission in the Colony regiment of rangers (the 3rd regiment), deserted, and afterwards endeavored to be chosen a delegate for Ninety-Six District, which he never accomplished, but finally fled the Colony. tWhich he did.
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Col. Thomson left seven companies at Ninety-Six with orders to march farther back into the country. but not to go within fifteen miles of the Indian coun- try, and after that, to repair to their homes in order to recruit themselves and their horses, and finally to join him in camp at Amelia on the 24th of October.
Nothing more now remaining for Mr. Drayton to do, he returned to Charlestown, but a portion of the arm- ed force was left in the fork to watch the movements of the Tories; and on Nov. 2nd Col. Richardson wrote the following, from his camp near McLaurin's, to the Council of Safety: "I am now joined by Col. Thomas with about two hundred, Col. Neel as many, Col. Lyles about one hundred, together with Col. Thom- son's regiments of rangers and militia, with my own, may make in the whole about 2,500; and I received, last night, accounts of Col. Polk being near with six hundred. An army, if it was a favorable time of the year might go or do anything required, which I hope we shall. I hear of their moving about, but yet have made no opposition."
Everything appearing quiet some of the troops went to their homes, but scarcely had they reached them before the troubles in Ninety-Six District broke out afresh. Capt. Robert Cuningham. a man of wealth and influence in the District, having refused to be bound by the treaty, was arrested and taken to Charles- town. Immediately his brother Patrick raised a party, and attempted to overtake the officers having him in charge, for the purpose of rescuing him. Failing in this they seized upon some powder which the Council of Safety was just then sending through their District to the Cherokee Indians, and made prisoners of the guard of twenty rangers and the officers.
The following affidavit, to be found on page 97 of
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Moultrie's Memoirs, gives an accurate account of the seizure:
"South Carolina, 1 i
"Ninety-six District. (
James Mayson; one of his majesty's justices of the "Personally appeared before me,
peace, for the district aforesaid; Moses Cotter, of the Congarees, waggoner, who being duly sworn on the holy evangelist, of Almighty God, makes oath, and says. that on Tuesday morning last, at about 9 o'clock
by the honorable the 'council of safety, to carry to ammunition that was delivered him in Charlestown, he left the Congarees, with his waggon, containing the
Keowee under an escort of Col. Thomson's rangers consisting of Lieut. Col .* Charleton and Mr. Uriah Goodwin, 'a cadet, 2 sergeants and 18 privates, and continued on their journey there, without the least back, ahead of the waggon, came towards him'; a few when the deponent perceiving some men on horse- molestation or interruption, until about noon this day,
minutes after, two of Patrick Cunningham's men, coming up to the deponent and asking him what he
Then up came a large body of armed men, in number; had in his waggon, the deponent answered, rum:
I suppose, at least one hundred and fifty, headed by Patrick Cunningham and Jacob Bowman. Cunning- ham ordered his men to halt, and then came up to the deponent and said, I order you to stop your wag- ammunition for the Indians to kill us, and I am come
gon in his majesty's name, as I understand you have on purpose to take it in his majesty's name. He then ordered the deponent to take off his waggon cloth; which he refused; upon which Cunningham mounted the waggon himself, loosed the strings of the cloth,
*He was only a lieutenant.
-
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and took up a keg of the powder; there,' said he, 'is what we are in search of.' I immediately took the keg from him and laid it in the waggon. Cunningham said, 'it is in vain for you to attempt to hinder us from taking this ammunition, as you have no arms;' then he handed out every keg to his men who were along side the waggon and prepared with bags to receive it; after they finished with the powder, he, with Messrs Griffin and Owen, and several others, took out the lead which they unfolded, cut into small pieces with their tomahawk's, and distributed it among the men. When the rangers were at some distance behind the waggon, and were riding up pretty fast, Cunning- ham's party said, 'there comes the liberty caps; damn their liberty caps, we will soon blow them to hell'; and such like scurrilous language. Cunningham's men, as soon as Lieut. Charleton came up with his guard, re- treated behind trees on the road side, and called out to him to stop and not to advance one step further, other- wise they would blow out his brains; at the same time, a gun was fired by one of their men, but did no damage. Lieut. Charleton, with his men, were soon surrounded by the opposite party, with their rifles presented, who said, 'don't move a step; deliver up your arms, otherwise we will immediately fire upon you.' Lieut. Charleton continued moving on, when Cunningham's men marched up to him, with their rifles presented at him, and repeated, 'deliver up your arms without moving one step further, or you are a dead man:' they then took his arms, together with his men's; afterwards they tied Lieut. Charleton, Mr. Goodwin, and William Witherford, a private, by their arms.
"Lieut. Charleton seemed very much displeased at their behavior, and said he would rather have been shot, than used in such a manner, had he expected it;
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that he did not value his own life; thought he had acted prudent by not ordering his men to fire on then, as it would be throwing away their lives, without an- swering any good purpose; especially as their party were so numerous. that he was sorry to see them be- have in such a base manner, and that he would very willingly turn out bis party against twice the number of theirs, and give them battle:' Cunningham and Bowman, some little time after asked Lieut. Charle- ton, 'whether if they were to unloose him he would be upon his honor, not to go off:' to which he replied, 'I scorn to run, and all your force cannot make me;' they then marched off with the ammunition, and the 'prisoners,' (as they called them,) and left the depo- nent, desiring him to return to the Congarees: but as soon as they were out of sight he took a horse from out the waggon and came to Ninety-six, to inform me of what had happened, and where he arrived this night about 8 o'clock. This unfortunate accident of taking the ammunition, happened 18 miles . below Ninety-six.
.. "'Moses Cotter.
"'Sworn, before me, this ? James Mayson, J. P.'"
3d of Nov. 1775.'
The news of this insurrection being laid before the Provincial Congress, that body, on the 7th of Novem- ber, ordered Col. Richardson forthwith' to assemble six companies of rangers, Captain Ezekiel Polk's com- pany of volunteers, draughts of militia from Richard- son's, Thomson's,* Savage's, Neel's and Thomas's regi- ments, and with such troops pursue such instructions as should, from time to time. by order of the Congress,
*At the time, that Col. Thomson was made lieutenant-colonel of the Rangers, he commanded the militia regiment of Orangeburgh Dis- trict. Christopher Rowe was lieutenant-colonel, and Lewis Golson major.
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or the Council of Safety for the time being, be signi- fied to him by the President.
In the meantime, Maj. Andrew Williamson had, as soon as he heard of this seizure, begun to embody the militia for the purpose of recovering the powder and lead, and of apprehending the offenders. The Council of Safety at once thanked Maj. Williamson for em- bodying the militia, advised him of the instructions that had been given to Col. Richardson, and directed . him, with the militia under his command, to act against the insurgents with the utmost vigor.
Major Williamson lay encamped near Ninety-Six for almost two weeks, receiving the militia who came in, and waiting for the rangers. The Tories were dili- gent on their part, and by circulating a report to the effect that the Council of Safety had intended the am- munition which was seized, for the Indians to murder the whites with, they gained a considerable following. But notwithstanding their force, Maj. Williamson did not believe that they would dare attack him; and he continued encamped in this persuasion, until the 18th of November, when, in the evening of that day, he re- ceived certain information, that the insurgents were in full march upon him; and that they were actually crossing Saluda river in order to attack him. At this time, Major Mayson, who had been in the neighbor- hood with thirty-seven of the rangers, joined Major Williamson. Maj. Williamson would have marched to attack their camp in the night, but was overruled by Major Mayson and a council of war, who preferred to erect breast-works, and fortify themselves near the Ninety-Six court house and jail .. It was also hoped, that by taking this position, opportunities would be furnished for reinforcements of militia, and of Col. Thomson's arriving with the remainder of his rangers. Hardly had their fortifications been erected. when the
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enemy appeared in force, at about eleven o'clock on the morning of the 19th of November, and taking possession of the court house and jail, they advanced troops, and completely invested the stockade fort. Maj. Williamson then dispatched an officer with a flag to Maj. Joseph Robinson and Captain Patrick Cun- ningham, who appeared to be the leaders, and de- manded their intentions; but they refused to confer with anyone save the commanding officers. Major Mayson and Captain John Bowie were then sent out, and they were met midway between the two parties by Robinson, Cuningham and Evan McLaurin* on the part of the enemy. The Tories insisted upon an immediate surrender of arms, and a disbanding of the assembled militia. Just as Major Mayson and Capt. Bowie had returned to the fort and made their report, the Tories seized two of Williamson's men; upon which Major Williamson gave orders to rescue them and a general firing commenced from the fort, which was answered by the Tories. For two hours and a half the firing on both sides was incessant, but from that time until night, it was less severe. During the night. the fort kept up a firing to discourage any attempt on the part of the besiegers to fire the fort. On the next day (Monday), almost as heavy a fire was commenced, and continued, as had been kept up the afternoon before; and the besiegers endeavored to use mantilets which they had constructed, for the purpose of approaching the fort, to fire it; but not being able to advance them so as to cover their approaches, they were destroyed. The firing, however. only slackened
*None of those who had signed the treaty of Ninety-Six, on Sep- tember 16th, when William Henry Drayton brought them to terms, took any open part in this affair, save McLaurin, who, with the treachery characteristic of his clan, had violated the treaty which he had signed on that occasion.
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with the night, and on Tuesday it was recommenced, and continued until about sunset, when the Tories displayed a white flag from the jail, and called a par- ley. Strange to say, the Tories then sent a messenger to again demand a surrender. To this demand Capt. Bowie carried a negative answer, and in two hours he returned with Capt. Cuningham, who went into the fort and fully discussed the matter with the command- ing officers; after which it was determined that a con- ference should take place the next morning. At the conference the next morning it was agreed that hos- tilities should cease. The following is a copy of the treaty signed upon that occasion :*
"Ist. That hostilities shall immediately cease on both sides.
"2nd. That Major Williamson and Major Mayson shall march their men out of the Fort and deliver up their swivels.+
"3rd. That the Fort shall be destroyed flat without damaging the houses therein, under the inspection of Capt. Patrick Cunningham and John Bowie, Esq., and the well filled up.
"4th. That the differences between the people of this District and others disagreeing about the present public measures shall be submitted to his Excellency, our Governor, and the Council of Safety, and for that purpose that each party shall send dispatches to their superiors-that the dispatches shall be sent unsealed
*Gibbes's Documentary History, 1764-1776, pages 214, 215; Dray- ton's Memoirs, Vol. II, pages 148, 149.
+By a secret article of the treaty it was agreed that the swivels should be returned in a day or two. This mock surrender of swiv- els was agreed upon by the leaders to appease a large party of the be- siegers, who insisted, that if the swivels were not given up, they would abide by no articles .- Drayton's Memoirs, Vol. II, page 120.
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and the messenger* of each party shall pass unmolest- ed.
"5th. That Major Robinson shall withdraw his men over Saluda, and there keep them embodied or dis- perse them as he pleaseth until his Excellency's or- ders be known.
"6th. That no person of either party shall in the meantime be molested by the other party either in going home or otherwise.
"7th. Should any reinforcements arrive to Major Williamson or Major Mayson, they also shall be bound by this cessation.
"8th. That twenty days be allowed for the return of the messengers.
"9th. That all prisoners taken by either party since the second day of this instant shall be immediately set at liberty.
"In witness whereof the parties to these articles have set their hands and seals at Ninety-six this twen- ty-second day of November, one thousand seven hun- dred and seventy-five, and in the sixteenth year of his Majesty's reign.
"Present, Joseph Robinson.
"Patrick Cunningham.
"Richard Pearis.
A. Wm. Son. James Mayson.
"Andrew Pickens.
"John Bowie."
On the 24th, Major Mayson directed a letter to Col. Thomson detailing an account of the siege and treaty; and on the 25th Maj. Williamson wrote Mr. Drayton
* "Major Robinson's messenger, or a person who pretends to be the messenger, and calls himself Floyd, has appeared before us, and de- clared that being drunk, he had lost all his papers at Orangeburg." -Extract from letter of Henry Laurens to Maj. Andrew Williamson, Journal of Council, Dec. 5th, 1775, Collections S. C. Hist. Soc., Vol. III, page 48.
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an account of the affair, in which he stated that Maj. Mayson with thirty-seven of the rangers, were with him ;* and by the "Report of the Militia and Volun- teers on duty in the Fortified Camp at Ninety-Six on Sunday the Nineteenth November, 1775, under the Command of Major Andrew Williamson, by order of the Honorable the Provincial Congress."+ it appears that Lieutenant Hugh Middleton, of the 3rd regiment, and two privates of his company were also there.
At the time Major Williamson was being besieged by the Tories at Ninety-Six, Colonel Richardson had commenced his march against them, in pursuance of the orders he had received from the Provincial Con- gress; and in doing so, he was directing his course to- wards the middle, or the upper part of Col. Fletchall's command, over Broad River. But, as soon as he was apprized of Williamson's investment, he changed his route, and proceeded by forced marches to the Conga- ree river, over which he crossed his troops; and on November 27th he addressed the following letter to Mr. Drayton:
"Camp near Congarees. Nov. 27th. 1775.
"Sir :- I arrived at this place last night, and take the earliest moment I can spare to write you this, as I have been very busy in getting the men's wagons, &c., over the river, which I shall scarcely complete to-mor- row. The route I intended to have taken was very different from the one I at first anticipated; as when I heard of the fort at Ninety-Six being besieged, I alter- ed my march, in order to make what speed I could to relieve them; but they had concluded articles too soon, for a possibility of my reaching them. Perhaps
*Gibbes's Documentary History, 1764-1776, page 216.
+Gibbes's Documentary History, 1764-1776, page 221; Drayton's Memoirs, Vol. II, page 150.
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it may be said in Congress why did not Col. Thomson go and relieve them? I answer, he could not, was not able, nor had timely notice if he had been. We have yet received no accounts from there but what I here- with enclose a copy of, together with a letter from Mr. McLaurin, which was sent to-day to Col. Thomson."
*
"I cannot ascertain the number of my men, as I have not, from the bustle, been able to obtain regular returns. and which, I believe, at this time, amount to about one thousand, with daily additions, and soon expect as many 'more." "Though we hear the opposers are very numerous and violent and desperate, yet hope in a little time to give you a more full account of our army and our opposers, who are now much elated and carry a high hand. But though much, very much, depends upon this campaign, do not be under two great apprehension for the event."
* *
"P. S. After I wrote and sealed, about 12 o'clock last night we were alarmed by some of our rangers, which we had sent light to discover where Col. Thomas was, who, I heard, was on his way, in a dangerous part; they came to him about 22 miles from us, who had three prisoners. Lieut. Boykin, who commanded that light detachment of rangers, reported that Col. Thom- as had stopped about dark to take a mouthful and re- fresh, intending then to drive on while he (Boykin) was there. Col. Thomas received a letter, informing him that Major Robinson was pursuing him with a thousand men. and would be cut off before he crossed the river. I immediately detached a party of rangers, volunteers and militia. sufficient I hope to sustain him. This evening have not yet heard; think, if proper instructions be given to look sharp for Robin- son in his way to town. It would be a great matter
* * *
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to get him without his putting himself in your power: a good watch at Dorchester, and other places may se- cure him, for, I think, it will be his only refuge soon."
Whether this suggestion of placing a "good watch" at Dorchester was followed out, we know not, but cer- tain it is that Captains Purves and Imhoff. of the Ran- gers, were about that time stationed at Dorchester .* and kept there for some weeks.
On November 28th Col. Thomson addressed the fol- lowing letter to Henry Laurens :;
"Camp, Congaree, Nov. 28th, 1775.
"Honored Sir :- You will see by the enclosed that our party and the opposite have had an engagement, and came to a cessation of arms on the 22d; and you
* "Read a letter from Captain Peyer Imhoff, of the Rangers, dated Dorchester, 14th December, 1775, inclosing return."-Journal of Coun- cil of Safety, Dec. 14th, 1775.
"Ordered, That Capt. Peyer Imhoff be supplied with about one hundred yards of the cloth imported for the public, to clothe his com- pany of rangers, and that he be desired to procure Doct. Chanler's ac- counts for attending sick rangers, properly certified, to be laid before the board."-Journal of Council of Safety, Dec. 15th, 1775.
"Read a letter from Captain John Purves, of the regiment of Ran- gers, dated 22nd December, 1775."
"Ordered, That Capt. Purves, of the Rangers upon duty at Dor- chester, have leave of absence, not exceeding three weeks."
"To Capt. John Purves, the pay-bill of his company of Rangers, from 20th November to 20th December, at Dorchester, ... 850 00 0." "Capt. Peyer Imhoff, the pay-bill of his company at Dorchester, same time, ..... 656 10 0."
"On the last two orders, the treasurers were desired to take especial care that those pay-bills be not included in other accounts-they hav- ing been issued upon an extraordinary occasion."-Journal of Coun- cil of Safety, Dec. 23rd, 1775.
+This letter had evidently not reached the President of the Council of Safety by December 2nd, for in a letter to Maj. Williamson, of that date, Mr. Laurens wrote: "As we have not heard properly, eith- er from Col. Richardson, or Col. Thomson, we cannot account for their slow progress. When we learn their strength and plan for uni- ting their forces, we shall immediately give orders for such operations as we hope will prove effectual."
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will perceive how dilatory they were, in giving us in- formation of it. The moment I received it from above, I acquainted Col. Richardson with the same, who was then about eight miles distant from us, and joined me about four hours after. We immediately summoned our officers and held a consultation on the following propositions:
"Ist. 'Whether according to our orders in the pres- ent situation, the cessation of arms stipulated between Col. Mayson, Major Williamson, and Mr. Bowie on our side, and Mr. Cunningham, Mr. Robinson, and others, on the part of the others, have any weight upon our operations. Carried in the negative.
"2d. 'As we have been informed of a kind of cessa- tion of arms between the contending parties, if it be not necessary to acquaint the Congress therewith and ask their advice. Affirmative.
"3rd. 'As we have heard that troops were, or are now assembled. near Augusta, at the Cherokee Ponds, whether it may not be necessary for them to be de- sired to advance and meet us at some convenient place appointed, and a letter dispatched for that pur- pose. Affirmative.
"4th. 'Which may be the most necessary route to order our march, and the destination of the wagons now on the other side of the river.
"5th. 'Whether if they can be come at, it may not be prudent to take Cunningham, Robinson, and Pearis, in custody, though they are the persons acceding to the cessation of arms at Ninety-Six, and the best method to be pursued for that end.'
"By order of Colonel Richardson, I marched with my regiment of rangers on Monday last, with about one hundred of the draughted militia to this place. Col. Richardson gave orders for draughting two hun-
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dred men, which orders I directed the officers of my militia to distribute, but was unfortunate enough to raise but about one hundred, and those collected from three companies in my own neighborhood. When the Sergeants warned the draughted people about Orange- burgh and the Congarees. they seemed very insolent. asked which camps they were to join, and, in fact, did as much as to declare themselves King's men, as they term it. The same dissatisfaction seems to have reigned amongst a part of Col. Richardson's people. But I am persuaded, after all their murmurings, we shall have a sufficient number of men to vanquish all the disaffected people in South Carolina, and I hope Col. Richardson will have orders so to do before we break up. As I have heard several of the officers and men declare, that they would never take up arms again, unless the militia who have been draughted and do not appear, are made to suffer by fine or other- wise, and they have the liberty to subdue the enemies of America, as they observe that those who are not for America, are undoubtedly against it. Such dis- courses we hear spreading through our camps, and I have reason to believe is their determination.
"We have had great uneasiness amongst them. when the news arrived of the cessation of arms. and we have no other means of appeasing their disturbed minds, but by signifying that the cessation of arms was not binding on us, and so forth.
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