USA > South Carolina > The history of South Carolina in the Revolution, 1775-1780 > Part 56
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There was still another serious cause of disquietude and distrust. Sir Henry Clinton had inaugurated the attempt to subdue one part of the Americans by means of the other, so much urged by the people in England, and had left his lordship to carry it out. A large part of his force, therefore, consisted of Provincial regiments, that is, regi- ments enlisted in America. Several of these had been brought from the North. The British Legion under Tarle- ton had been organized at New York. Lord Rawdon's regiment, the Royal volunteers of Ireland, had been recruited and organized in Philadelphia while the British were in possession.2 Ferguson's Provincials, or Rangers,
1 Tarleton's Campaigns, 137, 138, 191.
2 The field officers of the regiment were Colonel Lord Rawdon, Lieutenant Colonel John Watson, Majors Despard and Joseph Campbell. "Battle of Eutaw Springs," The United Service Magazine, September, 1881, 323.
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were not a permanent corps, but made up for special ser- vice from three other Provincial corps, - the King's Ameri- can regiment raised in and around New York, the Queen's Rangers from Connecticut, and the New Jersey volun- teers.1 Turnbull's regiment, the New York volunteers or King's Third American Regiment, was from New York, organized in 1776, had fought with Montgomery in 1777, and was at the siege of Savannah in 1778. De Lancey's Provincial battalion was also from New York. Hamilton's and Bryan's regiments were from North Carolina. In ad- dition to these there were two more Provincial regiments raised principally, if not altogether, in South Carolina and Georgia. These were Lieutenant Colonel Browne's, which had fought so gallantly at the siege of Savannah, and another raised by Lieutenant Colonel Innes, the former Secretary of Lord William Campbell, who had been com- missioned in January, 1780. It has been seen what severe measures Lord Rawdon had considered it necessary to take to prevent desertion from his regiment, the Royal volun- teers from Ireland. Ferguson's were picked troops and were reliable, and Browne's corps had fought as gallantly at Hanging Rock as they had at Savannah. Turnbull's New Yorkers had withstood Sumter's attack at Rocky Mount, but the North Carolina Loyalists had been panic stricken at Hanging Rock, and Innes's South Carolinians routed at Musgrove's Mills. But these corps were all, with the exception of Bryan's North Carolina Loyalists, composed of enlisted men, hirelings of the class from which common soldiers were usually obtained, and were good or bad troops, as they were well or ill disciplined in camp and handled in battle. Though doubtless inferior to the British regulars of the line, such as the Seventy-first and other
1 King's Mountain and its Heroes, 114, note, 287 ; "The Battle of Eutaw Springs," The United Service Magazine, September, 1881, 311.
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regiments under his command, they were, upon the whole, fairly reliable. But neither these nor his regulars could be recruited in this region; and the Loyal militia upon which Sir Henry Clinton's attempted policy was based and entirely depended, he found to be utterly untrustworthy. The two instances in which, after having been organized and armed as such, a large number had gone over in a body to the enemy-the cases of Colonel Lisle's bat- talion and Colonel Mills's regiment - were but conspicu- ous examples, on a large scale, of what was going on all the time in smaller numbers and single cases. The revolt was spreading - those who were before indifferent were now siding with the Whigs, and many who had joined the Royal standard were deserting to the Americans. Sumter and Marion and Davie and Williams had, by their examples, aroused the patriotism of the people to resist the invaders of the country, regardless of the original cause of the war. It was not now a question of a tax upon tea or representation in Parliament, but of resistance to the tyr- anny, cruelty, and brutality of the British army. Those leaders had kindled a flame which was now ablaze from the mountain to the seacoast.
Confronted with this unexpected rising of the people he had supposed to be conquered, and alarmed at his own situation, anger seems to have assumed the place of Lord Cornwallis's better judgment. A few days after the battle of Camden he issued the following vehement, unjust, and unwise order to the commandants of the several posts : 1-
" I have given orders that all the inhabitants of this Province who have subscribed and have taken part in the revolt should be punished with the greatest rigour; and also those who will not turn out that they may be imprisoned and their whole property taken from them
1 Ramsay's Revolution, 157.
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or destroyed. I have likewise ordered that compensation should be made out of their estates to the persons who have been injured or oppressed by them. I have ordered in the most positive manner that every militiaman who has borne arms with us and afterwards joined the enemy shall be immediately hanged. I desire you will take the most rigorous measures to punish the rebels in the district in which you command, and that you obey in the strictest manner the direc- tions I have given in this letter relative to the inhabitants of this country. (Signed)
" CORNWALLIS."
Steadman, the British historian, usually so fair in his comments, justifies this order of Lord Cornwallis because of the number of militia who had joined in the revolt after exchanging their paroles for protections and swearing alle- giance to the British government.1 Doubtless all who had taken protections and renewed their allegiance to the Brit- ish government and afterwards joined the Whigs, took their lives in their hands, and were amenable to the utmost severity of the British commander, should they fall into his hands. But the order did not restrict the rigor of punishment it authorized and enjoined to that class. It embraced not only those, but all who had "subscribed." It therefore applied to those who had "subscribed " their paroles as well as those who had taken protection; and with regard to them this author himself had in a few pages before 2 condemned the folly and injustice of Sir Henry Clinton's proclamation of the 3d of June which, without the consent of those who had given them, abro- gated their paroles, and in one instant converted them either into loyal subjects or rebels. It cannot be denied that by this proclamation Sir Henry Clinton had released these persons from the paroles they had subscribed, and it was these which Lord Cornwallis now ordered to be punished as traitors for having availed themselves of the
1 Hist. of the Am. War (Steadman), vol. II, 214. 2 Ibid., 198.
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release he had forced upon them. But even in the cases of those who were charged with having gone farther and taken protection, and then returned to revolt, it was but proper that some judicial examination should be had upon reliable testimony to determine the fact of guilt. But offi- cers receiving the order considered themselves bound by no such requirement. At Camden, under the very eyes of Cornwallis himself, Samuel Andrews, Richard Tucker, John Miles, Josiah Gayle, Eleazer Smith, with others whose names were unknown, were taken out of jail and hanged without any ceremony whatsoever; others were indulged with a hearing before a court-martial instituted by his lordship for the trial of prisoners; but the evidences against them were not examined on oath, and slaves were both permitted and encouraged to accuse their masters. Not only at Camden, but in other parts of South Carolina and at Augusta in Georgia the same bloody tragedies were enacted, and many of the inhabitants fell sacrifices to this new mode of warfare.1
The Loyalist chiefs were as much alarmed as Corn- wallis at the unexpected uprising of the Whigs in the face of the British army, and at the spreading contagion of enthusiasm aroused by the example of their leaders. To meet this Ferguson called a convention of the Loyalist militia to enter into a new covenant and agreement of allegiance. Five days after the battle of Musgrove's Mills, while he was encamped at Fair Forest in the Brandon settlement, the meeting took place there. At this meet- ing the North Carolina battalion and the six South Caro- lina militia battalions - Cuningham's, Kirkland's, Clary's, King's, Gibbs's, and Plummer's - were represented, and the following agreement was entered into: -
1 Ramsay's Revolution of So. Ca., vol. II, 158.
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" That every man who does not assemble when required in defence of his country in order to act with the other good subjects serving in the militia, exposes his comrades to unnecessary danger, abandons the Royal cause, and acts a treacherous part to the country in which he lives; and it is the unanimous opinion that whoever quits his battalion or disobeys the order of the officers commanding is a worse traitor and enemy to his King and country than those rebels who again in arms after having taken protection and deserves to be treated accordingly; and we do therefore empower the officers commanding in camp, as well as the officers commanding our several battalions of militia, from time to time to cause the cattle and grain of all such officers and men as basely fail to assemble and muster as required in times of public danger, or who quit their battalion without leave, to be brought to camp for the use of those who pay their debt to the country by their personal services ; and we do also empower the said commanding officers, and do require them, that they will secure the arms and horses of such delinquents and put them in possession of men who are better disposed to use them in defence of their country, and that they will bring such traitors to trial in order that they may be punished as they deserve and turned out of the militia with dis - grace. . . .
" It was also unanimously resolved by every officer and man now in camp of all the above-named regiments that whenever a man shall neglect to assemble, and to do his duty in the militia when summoned for public service, shall be made to serve in the regular troops, it being the unanimous opinion of every man present that it is the duty of all who call themselves subjects to assist in the defence of the country one way or the other." 1
The condition of the inhabitants of Charlestown was somewhat different from that of those of the country. By the terms of the capitulation (Article 9), with respect to their property in the city, they were allowed the same terms as were granted to the militia, which (Article 4) were that as long as they observed their paroles they should be secure from being molested in their property.
1 This paper was found by Colonel Sevier at King's Mountain in the possession of a Tory colonel. Ramsey's Annals of Tennessee, 216 ; King's Mountain and its Heroes, 143.
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But those of them who owned estates in the country had no security by the capitulation for any property beyond the lines, unless they submitted and returned to their allegiance. It seems to have been assumed that the citi- zens of the town were not included in the proclamation of the 3d of June, and so were not required by it to choose between the alternative of accepting the condition of loyal subjects or declaring themselves enemies. Other methods were therefore devised to compel them to renew their allegiance to the King. The addressors of Sir Henry Clinton were said to have instigated these measures, com- plaining to the British rulers "that none had proper en- couragement to return to their allegiance while prisoners were suffered to remain with their families and enjoy privileges which in their opinion should be monopolized by the friends of the Royal government."1 To oblige these paroled citizens in the town to return to their alle- giance, a succession of orders had been issued, each abridg- ing their privileges. Subjects were allowed to sue for their debts before a Board of Police, which was established and presided over by James Simpson, Intendant.2 Paroled citizens were denied all benefit of that court; though they were liable to suits themselves, they had no security for the payment of debts due them but the honor of their debtors. The limits of their paroles after the surrender of the town were much more restricted than they had expected. They were restrained from going out of the lines or on the water without special permission ; and this when applied for was sometimes wantonly refused, and on other occasions granted only on the payment of money. Mechanics and other artisans were allowed for some time
1 Ramsay's Revolution of So. Ca., vol. II, 118.
2 James Simpson was the last attorney general under the Royal gov- ernment (Hist. of So. Ca. under Roy. Gov. [McCrady], 804).
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after the surrender to follow their respective occupations ; but as they could not control payment for their services, repeated losses soon convinced them of the convenience of accepting British protection; indeed, they were soon prohibited from plying their trades without permission. Those inhabitants who were shopkeepers were, while pris- oners, encouraged to make purchases from the British merchants who came with the conquering army, and after they had contracted large debts of this kind were pre- cluded by proclamation from selling the goods they had purchased unless they assumed the name and character of British subjects.
Great numbers in all communities, observes Ramsay,1 are wholly indifferent as to the form of government under which they live. They can always turn with the times and sub- mit with facility to the present ruling power, whatsoever it may be. The depressed condition of American affairs in the summer of 1780 induced the belief among many that Congress, from necessity or otherwise, had abandoned the idea of contending for the Southern States. The resolu- tions of that body disavowing this imputation were care- fully concealed from the prisoners. Many believing that South Carolina would finally remain a British province, and determined to save their estates under every form of government, concluded that the sooner they submitted tlie less they would lose. A party always sincerely attached to the Royal government, though they had conformed to the laws of the State, rejoiced in the overthrow of the Revolutionists and sincerely returned to their allegiance ; but their number was inconsiderable in comparison with the multitude who were obliged by necessity or induced by convenience to accept of British protection.2
1 Ramsay's Revolution of So. Ca., vol. II, 120.
2 Ibid., 120, 121.
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Brigadier General Patterson had, since the surrender, up to this time been Commandant of Charlestown. He was now relieved on account of ill health, and Lieutenant Colonel Nisbit Balfour, of his Majesty's Twenty-third Regiment, was appointed in his place.1 This gentleman, says Ram- say, having raised himself in the army by his obsequious devotedness to the humors and pleasures of Sir William Howe, displayed in the exercise of the new office the frivolous self-importance and insolence which are natural to little minds when puffed up by sudden elevation and employed on functions to which their abilities are not equal. By the subversion of every trace of the popular government, without any proper civil government in its place, he, with a few coadjutors, assumed and exercised legislative, judicial, and executive powers over citizens in the same manner as over the common soldiery under their command. Proclamations were issued by his authority, which militated as well against the principles of the British constitution as those of justice, equity, and humanity. For light offences, and on partial and insufficient information, citizens were confined by his orders, and that often without trial.2
All the original leaders of the Revolution who were yet living, with the exception of a very few who had taken protection, were still prisoners upon parole, but confined
1 Tarleton's Campaigns, 157, 158.
2 Ramsay's Revolution of So. Ca., vol. II, 263, 264.
Simms, in his historical novel Katharine Walton, observes that the record which fails to tell of his achievements in battle is somewhat more copious in other matters. This was Colonel Balfour's reputation in South Carolina ; but it must be observed, nevertheless, that he took part and was wounded in both the battles of Bunker Hill and Long Island, and afterwards served in Holland and Flanders, and became a Lieutenant General in the British army. Clinton-Cornwallis Controversy, vol. II, 407.
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to the limits of Charlestown. Though restrained by their paroles from doing anything injurious to the interest of his Britannic Majesty, the silent example of these men who were revered by their fellow-citizens, exerted a powerful influ- ence in restraining many from exchanging their paroles for the protection and privileges of British subjects, and encouraged the spirit of resistance which was now finding its way through the swamps, even to the confines of the capital held by the conquerors. To put an end to this source of trouble, Lord Cornwallis determined to send a number of the principal, of these into exile. He issued his orders accordingly, and early on Sunday morning, the 27th day of August, thirty-three of these prisoners on parole were suddenly seized in their houses by armed soldiers under the direction of Major Benson and Captain Mc- Mahon.1 These were Christopher Gadsden, the Lieutenant
1 This was the famous and infamous Sir John McMahon, the pander and pimp of his Royal Highness, the Prince of Wales (George IV). . He was the natural son of a butler in the family of Lord Leitrim, his mother being a chambermaid in the same family. From the position of kitchen boy, he made his way to the position of exciseman; became a petty clerk in the treasury ; dismissed with disgrace, he joined a company of strolling players ; then became a servant of Mr. William English, a noted character of the time, in whose service he first developed his genius for intrigue, assisting in the designs of his master upon the wives and daugh- ters of his neighbors ; chastised by his master, he left his service, and volunteered in a regiment then on the eve of departing for America. In that regiment he attracted the attention of Lord Rawdon, an officer in it, who soon discovered his tact in intrigue, and for services rendered his lordship was rewarded with an ensigncy. From the emoluments of deputy commissary he was enabled to purchase a company, and was now Captain John McMahon. His subsequent career is notorious. Intro- duced to the Prince of Wales by Lord Rawdon, then the Earl of Moira, he so ingratiated himself with his Royal Highness by disgraceful services that he became Keeper of the Privy Purse, the companion and confidant of the heir to the throne. Memoirs of George the Fourth, by Robert Huish (London, 1830), 404-407, 568.
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Governor, Thomas Farr, late Speaker, Thomas Ferguson, Anthony Toomer, Alexander Moultrie, Jacob Read, Richard Hutson, Edward Blake, Edward Rutledge, Isaac Holmes, Richard Lushington, Peter Timothy, John Edwards, Hugh Rutledge, Thomas Savage, John Floyd, William Price, Thomas Heyward, Jr., William Hasell Gibbes, Edward Mc- Crady, David Ramsay, John Todd, George Flagg, Peter Fayssoux, Josiah Smith, Jr., John Parker, John Sansum, John Ernest Poyas, John Budd, John Loveday, Thomas Singleton, Edward North, and Joseph Atkinson.1 These citizens were at first taken by armed soldiers to the upper part of the Exchange 2 and there detained under guard for some hours, when they were conveyed to the armed ship Sandwich under command of Captain William Bett moored near Fort Johnson, who appeared to be unapprised of their coming, but who received them courteously, and went him- self to the town and obtained leave of Lieutenant Colonel Balfour, the commandant, to allow the friends of the prisoners to furnish them with bedding and to visit them. Not in the least conscious of having broken their paroles or in any manner given occasion for such treatment, upon consultation it was determined to prepare a memorial inquiring the cause of their arrest. This was done, and the next day it was sent to Colonel Balfour through the hands of Captain Bett.
This memorial stated that the subscribers were citizens of Charlestown, that by the articles of capitulation agreed
1 This list is that given by Tarleton (Campaigns, 185). It contains the names of four persons found in no other list, and who are not men- tioned by Josiah Smith in his Diary. These are Thomas Farr, John Floyd, William Price, and Joseph Atkinson. These were probably in- cluded in the order, but for some cause were either not arrested or were immediately released.
2 The Old Postoffice at the foot of Broad Street. The Exchange in the lower story of which the first Provincial Conventions were held.
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to by Sir Henry Clinton, citizens were to be considered as prisoners of war on parole, and to be secured in their per- sons and property whilst they observed their paroles ; after the surrender they severally gave their paroles, acknowledging themselves to be prisoners of war upon parole to his Excellency Sir Henry Clinton, and thereby engaged, until exchanged or otherwise released therefrom, to remain in Charlestown until permitted to go out by the commandant, and that they should not, in the meantime, do or cause to be done anything prejudicial to the success of his Majesty's arms, or have intercourse or hold corre- spondence with his enemies, and to surrender themselves when required.1 This parole the memorialists stated they had endeavored strictly to observe, nor were they con- scious of the least violation of it - notwithstanding which, on Sunday, the 27th instant, early in the morning, the me- morialists were suddenly arrested and carried to instant confinement in the Exchange, from which, two or three
1 The following is the form of paroles given (Johnson's Traditions, 267) : -
"I do hereby acknowledge myself to be a prisoner of war, upon my parole, to his Excellency, Sir Henry Clinton, and that I am thereby engaged, until I shall be exchanged, or otherwise released therefrom, to remain in the town of Charlestown, unless when permitted to go out by the commandant ; and that I shall not in the meantime do, or cause any- thing to be done, prejudicial to the success of his majesty's arms, or have intercourse or hold correspondence with his enemies ; and that upon a summons from his Excellency, or other person having authority thereto, that I will surrender myself to him or them at such time and place, as I shall hereafter be required.
" Witness my hand this 21st day of May, 1780.
" WM JOHNSON.
" I do hereby certify that the above is a true copy of the parole this day signed by
" MAJ. STEWART, "Com'y of Pris'n.
" Witness. JOHN MASSEY."
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hours afterwards, they were put into boats and carried on board the Sandwich guardship.
The memorialists went on to say that they could not conjecture the reasons of such extraordinary severity, nor by what means they had forfeited the privileges expressly secured to them by the articles of capitulation ; they re- quested that a full and speedy inquiry might be made, and desired to know what was the nature of their offence, and who was their accuser.1
This memorial Captain Bett took to the town to lay before Colonel Balfour, the commandant; but while he was gone Major Benson came on board the Sandwich, and presented to Mr. Gadsden, without date or signature, a paper which was as follows : -
"GENTLEMEN : In obedience to the order of the commandant I am to inform you that my Lord Cornwallis, being highly incensed at the late perfidious revolt of many of the inhabitants of this province, and being well informed by papers that have fallen into his hands since the defeat of the rebel army of the means that have been taken by several people on parole in Charlestown to promote and ferment their spirit of rebellion, his lordship, in order to secure the quiet of the province, finds himself under the necessity to direct the commandant to order several persons to change their place of residence on parole fron Charlestown to St. Augustine ; his lordship has further directed that a proper vessel shall be provided to carry their baggage with them." 2
The gentlemen prisoners on board the Sandwich re- ceived no direct reply to their memorial. The British historians, Tarleton and Steadman, represent that the let- ters found on the officers of General Gates's army implicated these gentlemen as violators of their paroles.3 But it will
1 Diary of Josiah Smith, Jr., one of the exiles. MSS., Coll. So. Ca. Hist. Soc.
2 Ibid.
3 Tarleton's Campaigns, 156 ; Steadman's Am. War, vol. II, 214.
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