USA > South Carolina > The history of South Carolina in the Revolution, 1775-1780 > Part 57
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be observed that in this paper presented to them by order of Balfour, and doubtless dictated by him, Lord Cornwallis makes no such specific charge. His statement - for it is not a charge- is that he has ascertained that several people on parole in Charlestown were promoting and ferment- ing a spirit of rebellion, and that he has, therefore, found it necessary to change the place of the residence of these particular gentlemen to St. Augustine. Not only is there no such specific charge, but his conduct and the character of the measures taken by him, however harsh and incon- venient, preclude the idea that he had obtained any infor- mation upon which to base such an accusation. He who had just ordered that all the inhabitants of the province who had subscribed paroles and had taken part in the revolt be punished with the greatest vigor and in the most positive manner, enjoined that every one who had borne arms with the British and afterwards joined the Rebels should be hanged, and had allowed several citizens to be hanged without trial or ceremony in his presence at Camden, would not have hesitated to hang Gads- den and the rest of those he was now sending into exile, if he had had the least tangible evidence that they had violated their paroles. Indeed, Lord Cornwallis appears to have been desirous of disclaiming, in advance, such an imputation, for on the evening of the same day Captain McMahon came on board the Sandwich and delivered in the hearing of the prisoners a verbal message: "That Lord Cornwallis considered the persons sent on board this ship to be their prisoners on parole; but for reasons of policy thinks it necessary the place of their residence shall be changed from Charlestown to St. Augustine. Those who think this proceeding an infringement of the capitu- lation are to be considered as prisoners on board, and as such to be delivered at St. Augustine; those who dissent
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therefrom are to set down their names." It is clear from this indirect reply to their memorial that the exile of these citizens was a matter of policy, and not a sentence of punishment; and that his lordship, so far from charg- ing a violation of their parole on the part of these partic- ular citizens, was endeavoring to maintain the position that he himself was conforming to its terms.
Not only did Christopher Gadsden and the others thus taken regard their arrest as a breach of the terms of their capitulation, but General Moultrie, himself a prisoner at the time, and subject to the resentment of the British authorities, did not hesitate to protest against their action. On the 1st of September he wrote to Lieutenant Colonel Balfour as follows : -
" SIR : On perusing the paper of the 29th of August of Robertson, McDonald, and Cammeron published by authority, to my astonish- ment I find a paragraph to this effect : 'The following is a correct list of the prisoners sent on board the Sandwich yesterday morning,' and underneath the names of the most respectable gentlemen inhabit- ants of this State, most of whose characters I am so well acquainted with that I cannot believe they would have been guilty of any breach of their parole or any article of the capitulation, or done anything to justify so vigorous a proceeding against them. I therefore think it my duty as the senior Continental officer prisoner under the capitulation to demand a release of those gentlemen particularly such as are en- titled to the benefit of that act. This harsh proceeding demands my particular attention, and I do, therefore, in behalf of the United States of America, require that they be admitted immediately to return to their paroles ; as their being hurried on board a prison ship and I fear without being heard is a violation of the ninth article of the capitulation. If this demand cannot be complied with, I am to request that I may have leave to send an officer to Congress to present this grievance, that they may interpose in behalf of these gentlemen in the manner they shall think proper.
" I am, etc.,
"WM. MOULTRIE."
VOL. III. - 3 A
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To this letter Colonel Balfour curtly replied through Major Benson that the commandant would not return any answer to a letter written in such exceptionable and unwar- rantable terms as that to him from General Moultrie dated the 1st instant; nor will he receive any further applica- tion from him upon the subject.1 The position Lord Cornwallis assumed was that he had the right for reasons of policy to change the place of residence of any citizen on parole. This the exiles and General Moultrie denied; and American writers have since agreed with them and maintained that this act of his lordship was a violation on his part of the terms of surrender. A candid examination of the parole itself in connection with the articles of capitu- lation will, however, scarcely sustain this position. Lin- coln, under the pressure of Gadsden, had long stood out for the stipulation that upon the surrender citizens and all other persons then in town who were inhabitants of the State should be secured in their persons and properties, and not be considered prisoners of war. But this condi- tion Sir Henry Clinton had at first refused; and had at last only consented to the stipulation that "all civil offi- cers and citizens who have borne arms during the siege must be prisoners on parole, and with respect to their prop- erty shall have the same terms as are granted to the militia ; and all other persons now in town not described in this or other articles are, notwithstanding, understood to be prisoners on parole." Lincoln had proposed that the militia should be permitted to return to their respective homes and be secured in their persons and property, but this Sir Henry Clinton had refused, and had only agreed that "the militia should be permitted to return to their respective homes as prisoners of war on parole, which parole as long as they observe shall secure them from being 1 Moultrie's Memoirs, vol. II, 138, 139.
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molested in their property by the British troops." 1 Sir Henry thus refused to stipulate that even the militia should be secured in their persons. He had been asked to do so and had declined. He had agreed that as long as they observed their paroles they should not be molested in their property, but over their persons he had refused to forego control. To civil officers and citizens who had borne arms he extended the same terms, to all others in the town he granted only the privileges of a parole. An examination also of the form of the certificate signed by these gentlemen will show that this control of their per- sons was expressly retained. The certificate thus con- cluded "that upon a summons from his Excellency (Sir Henry Clinton), or other person having authority thereto, that I will surrender myself to him at such time and place as I shall hereafter be required." This clause expressly provided for the surrender of the person giving the parole at any time and place where required. However unwise and unjust this action of Lord Cornwallis, his right to take it in the exercise of his own discretion as a conqueror without violating the terms upon which he had obtained the surrender of the town, cannot be justly denied.
The announcement that all persons who regarded their arrest and exile as an infringement of the capitulation were to be regarded as close prisoners on the ship, and as such were to be delivered at St. Augustine, occasioned some consternation among the company ; and before they could come to any determination in regard to it, Captain McMahon withdrew to his boat and went to town without an answer.
On Wednesday, the 30th of August, ten other citi- zens, to wit: Rev. John Lewis, John Neufville, William Johnson, Thomas Grimball, Robert Cochran, Thomas Hall, 1 Moultrie's Memoirs, vol. II, 100-102.
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William Hall, William Livingston, John Mouat, and James Hamden Thomson, were also seized. These were taken to the transport ship Fidelity. Dr. Fayssoux, as belonging to the Continental Hospital, and Mr. Thomas Savage, on account of his health, were permitted to return to their homes again.
The parties on the two ships daily received supplies from their friends in town, who were also allowed to visit them. The exiles and their friends were treated with great courtesy by Captain Bett and his officers, Captain Bett entertaining his prisoners in the evening at his own table in turn as room was made. On Sunday, the 3d of Sep- tember, the ships were crowded with the families and friends of the prisoners, bidding them farewell, as they were to sail the next day ; and in the evening the twenty- nine first arrested were transferred from Captain Bett's hospitable charge to the transport ship Fidelity, where they found the ten others added to their company. Mr. Alexander Moultrie was permitted to take passage with his family in a schooner which accompanied the transport. The exiles were allowed to take with them servants, and these added twenty-six to the number of passengers ; so that with the crew and soldiers sent to defend the ship, should it be attacked, the whole num- bered 106 souls. The transport was not large enough to accommodate so many, and the exiles were much crowded and annoyed also by their proximity to the live- stock taken on board for their support at St. Augustine. But these inconveniences were insignificant in view of the calamity of their separation from their families, and forced abandonment of them to the mercies of an irritated and cruel foe.
On Monday, the 4th of September, Captain Abbot with another officer came on board the Fidelity, and calling the
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prisoners together presented for their consideration the following written proposition : -
" Will the gentlemen bound for St. Augustine accept of their paroles ? I consider the word parole to mean that the gentlemen while on board and at St. Augustine are not to do anything whatever prejudicial to his Majesty's service. If the gentlemen are not retaken, it is not expected that they are to return to any part of America under the British government, but are to consider themselves on parole."
This was banishment indeed ; but all the gentlemen, ex- cept Christopher Gadsden, accepted the terms and agreed to give their paroles. The ship's deck was cleared, and in the evening she dropped down near to Sullivan's Island with her freight of imprisoned patriots, sailed the next day, and reached St. Augustine on the 8th of September. The day after their arrival, the exiles were landed and paraded before the Governor, Patrick Tonyn, and the commandant of the post, Lieutenant Colonel Glazier, when, all on both sides being uncovered, the commandant asked if they had considered the parole required of them ; all but Gadsden expressed a readiness to comply with it, but suggested some minor alteration in the paper proposed. These were not allowed, and the paroles as dictated were signed by all but Gadsden. He indignantly refused, and with the hero- ism of his character dauntlessly exclaimed: "With men who have once deceived me, I can enter into no new con- tract. Had the British commanders regarded the terms of the capitulation of Charlestown, I might now, although a prisoner under my own roof, have enjoyed the smiles and consolations of my surrounding family, but even without a shadow of accusation proffered against me for any act inconsistent with my plighted faith I am torn from them, and here in a distant land invited to enter into new en- gagements. I will give no parole." "Think better of it,
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sir," said the officer; "a second refusal of it will fix your destiny -a dungeon will be your future habitation." " Prepare it, then," said the inflexible patriot; "I will give no parole, so help me God!" Upon this refusal he was immediately conducted to the Castle at St. Augustine, where he was thrown into a dungeon in which he was con- fined for forty-two weeks,1 until exchanged with the rest of the exiles in July, 1781. While the other gentlemen were subject to many petty annoyances and small tyrannies from different officers, they were, upon the whole, fairly well treated during their exile. They were allowed to hire houses and form messes into which they divided their company, and to receive remittances and supplies from home. And as they were all, with few exceptions, men of some fortune, they lived there without any great suffer- ing and with perhaps as little inconvenience as possible for men restrained of their liberty and deprived of the comforts and society of their homes. Their greatest dep- rivation no doubt was in the denial of free correspondence with their families and friends. The communications between them were frequent, but subject to the supervision of the British authorities. Mr. Jacob Read was arrested and confined in a cell next to that of Christopher Gadsden, because of imprudent expressions in some of his letters to his friends which fell under the eyes of his keepers.2
In furtherance of his purpose indicated in his letter from Camden to the commandants of districts, that compensa- tion should be made out of their estates to the persons claiming to have been injured by the Whigs, Lord Corn- wallis on the 6th of September issued a proclamation recit- ing that, notwithstanding the moderation of the British
1 Josiah Smith's Diary ; Garden's Anecdotes, 169; Memoir of Gads- den, Coll. So. Ca. Hist. Soc., vol. IV.
2 Josiah Smith's Diary.
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government and his Majesty's unparalleled clemency to his deluded subjects, who, from a sense of their errors, had returned to their duty and allegiance, there were several persons of property in the province who obstinately persisted in their guilty and treasonable practices, and were either in the service or acting under the authority of the rebel Congress, or by abandoning their plantations to join the enemies of Great Britain, or by an open avowal of rebellious principles, manifested a wicked and desperate perseverance in opposing to the utmost of their power the reestablishment of his Majesty's just and lawful authority ; and as it was of dangerous consequence to suffer such persons to possess and make use of their estates in the province, thereby furnishing them with the means of carrying their malicious and traitorous designs more effec- tually into execution, and as it was likewise just and expe- dient that the property which such persons had voluntarily staked in support of rebellion should now be applied to de- fray a portion of the expenses occasioned by their actions, ordered that all the estates, both real and personal, in the province, belonging to such persons be sequestered, and appointed John Cruden to be commissioner to execute the purposes of the proclamation, and to seize and take posses- sion of the estates of all such persons. From motives of humanity and compassion, the proclamation declared, his lordship authorized the commissioner to pay for the sup- port and maintenance of families consisting of a wife and children, one-fourth part of the net annual product of the sequestered estates, and one-sixth part in case of a wife without children.1
This measure, with the others mentioned prohibiting the pursuit of any industries except by those under renewed allegiance to the Crown, was much more effective than 1 Tarleton's Campaigns, 186.
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the exile of the leaders of the Revolution, as appears in a notice published in the Royal South-Carolina Gazette 1 on the 21st of September. This notice recites that several memorials and petitions had been presented to the com- mandant of Charlestown by sundry persons, setting forth that they were desirous to show every mark of allegiance and attachment in their power to his Majesty's person and government, to which they were most well affected, and prayed that they might have an opportunity to evince the sincerity of their professions; that these memorials and peti- tions had been referred to gentlemen of known loyalty and integrity, as well as knowledge of the persons and charac- ter of the inhabitants for their report of the manner in which the memorialists had previously conducted them- selves; and upon their report the persons whose names were published would receive certificates which would entitle them to use the free exercise of their trades or pro- fessions and the privileges enjoyed by other loyal inhabit- ants of Charlestown. The names of 163 citizens were appended to this notice. Most of these were tradesmen and mechanics, whom stern necessity compelled to submit to the terms upon which only they would be allowed to labor for the maintenance of their families. Some of them were merchants of whom Ramsay speaks, and a consider- able number were foreigners. A few were of families of influence, who had probably given in to save their estates, and some of these, no doubt, could truthfully assert that they had had no intention of abandoning their allegiance to the King in their struggle for liberty. The list of these names was headed by the British officials with that of Daniel Huger, who was one of the Council who had gone out of the town during the siege with Governor Rutledge
1 The Royal South-Carolina Gazette, printed by Robertson, Mac- donald & Cameron, by authority of the Royal army.
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to maintain the organization of the government in other parts of the State. He with his colleague, Colonel Charles Pinckney, appears to have given up the cause as lost, and both took protection. The names of Benjamin Dart, John Dart, John Waring, Elias Horry, Gabriel Manigault, Jr., Francis Huger, Thomas Brandford Smith, William Roper, Thomas Roper, Charles Freer, William Stanyarne, John Raven Stanyarne, Thomas Gibbes, Elisha Bonneau, Wade Hampton, Benjamin Darrell, Jacob Bonnell, Edward Hannahan, Joseph Dill, Thomas Radcliffe, Jr., Elisha Poin- sett, Nicholas Venning, and Charles Lowndes are also found in this list. One, at least, of these, Wade Hampton, was yet to have a distinguished part in the struggle on behalf of the cause of his countrymen.
There were others in the town and country who could be swerved from the cause they had espoused by no threats or inducements. John Cruden had been appointed Com- missioner of Sequestered Estates under the proclamation of Cornwallis, and on the 30th of December he published in the Royal Gazette a notice that in consequence of the powers in him vested by his lordship, he makes public to all whom it may concern that he had given the necessary orders for the seizure of the estates, both real and personal (excepting such property in Charlestown as was secured to those who were in town at the time of this capitulation), of the Rev. Robert Smith, John Mathews, William Gibbes, Thomas Savage, John Edwards, Thomas Shubrick, Arnol- dus Vanderhorst, Richard Hutson, William Parker, Alex- ander Gillon, Henry Huse, Richard Withers, Stephen Drayton, Joseph Legare, James Neilson, Benjamin Cattell, William Sanders, Joseph Slann, Hawkins Martin, Samuel Sligh, Isaac Ford, Charles Middleton,1 Francis Goodwin,
1 This was probably Charles S. Myddleton of St. Matthew's, Orange- burgh, afterwards Colonel in Sumter's brigade State troops. No other Charles Middleton appears at this time.
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Thomas Ziegler, and John Sanders. He strictly prohibits any one attempting to conceal or remove such property, and forbids the payment of debts due to these persons, requiring every one indebted to them to furnish him with an account of such indebtedness. And the more effectu- ally to prevent any collusive practices, Cruden went on to promise "to all those who may make discoveries of the concealment of negroes, horses, cattle, plate, household furniture, books, bonds, deeds, etc., so that the property may be secured and the delinquents punished, a generous reward." 1
Notwithstanding these discouragements, observes Ram- say, the genius of America rose superior to them all. At no time did her sons appear to greater advantage than when they were depressed by successive misfortunes. They seemed to gain strength from their losses, and, instead of giving way to the pressure of calamities, to oppose them with more determined resolution. From the day of the disaster of the army under Gates, notwithstanding Cornwallis's repressive and cruel measures, the ruthless hanging of citizens without even the form of trial at Cam- den, the exile of others from Charlestown, the prohibition of honest labor, and the confiscation of estates, the prospects of liberty in South Carolina brightened. Elated with vic- tory, the conquerors grew more insolent and rapacious, while the real friends of independence became resolute and determined. There can be little doubt that upon the whole Cornwallis's civil administration lost more of the friends of his Majesty's government than his victories had subdued of his enemies.
1 See also Ramsay's Revolution of So. Ca., vol. II, 171.
CHAPTER XXXIII
1780
THERE was now no organized body of armed Whigs in South Carolina ; but just across the North Carolina line Sumter was gathering his dispersed troopers around Da- vie's faithful little band. Shelby and Clarke and Williams were planning another and more formidable expedition against Ferguson, and Marion was watching an opportunity to return. Disaster had not conquered the spirit of these heroic men. They had seen the Continental army, from which they had hoped so much and the way for which they had so well prepared, defeated and routed, totally disappear from the field. But they had learned by experience and necessity their own ability to cope with the British troops, regular, Provincial, or Tory, and casting aside all reliance upon aid from Congress they prepared to open the second campaign of the memorable year of 1780.
Reaching the mountains in safety, the victors of Mus- grove's Mills had formed a junction with McDowell's party from Smith's Ford. So far from giving up the struggle upon Gates's defeat, Shelby at once proposed that a body of volunteers be raised on both sides of the moun- tains in sufficient numbers to cope with Ferguson. All heartily united in the propriety and feasibility of the un- dertaking. It was agreed that the Musgrove prisoners should be sent to a place of security, that the over-moun- tain men should return home to recruit and strengthen their numbers ; while Colonel McDowell should send an express
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to Colonels Cleveland and Herndon and Major Winston of North Carolina, urging them to raise volunteers and join the enterprise. McDowell was to remain to preserve the beef and stock of the Whigs in the Upper Catawba valleys and caves, to obtain information and keep the over- mountain men constantly apprised of the enemy's move- ments. The Musgrove prisoners were left in charge of Colonel Clarke. Clarke, after continuing some distance with the prisoners, resolved to return to Georgia by the mountain trails upon an expedition of his own. He there- fore turned over the prisoners to Colonel Williams, who, with Captain Hammond, conducted them safely to Hills- boro, where, meeting Governor Rutledge and claiming the glory of the whole achievement, he obtained promotion which was afterwards the cause of much trouble.1
Cornwallis's order issued after the battle of Camden had been received by Lieutenant Colonel Browne, now com- manding in Augusta, where he had himself been tarred and feathered and cruelly treated by the Revolutionists in Georgia in the commencement of the trouble, which was a cover to him for the most sanguinary revenge.2 The morning after its reception five victims were taken from the jail by his order and gibbeted without trial. Encour- aged by the hope that this order of the British commander- in-chief and Browne's cruel and vindictive enforcement
1 King's Mountain and its Heroes, 118, 119.
2 McCall's Hist. of Ga., vol. II, 319. This is the Whig or American account, but it is just to say that Colonel Browne indignantly denied the accusation of cruelty, and in a very able letter to Dr. Ramsay, found among the latter's papers upon his death (to which we will have occasion again to refer), he makes a very strong defence of himself against them generally. He does not, however, in this letter refer to this particular incident. It should also be observed that the men executed at this time were charged with having borne arms in the British service and afterwards joined the Americans, and that in similar cases the Americans applied the same penalty.
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of it would rouse the resentment and bring into the field all who felt an interest in the American cause, Colonel Clarke determined upon making an attempt to recover a part of his own State. This was the cause of his sudden abandonment of the prisoners to Williams. In this effort he was joined by Lieutenant Colonel James McCall of South Carolina,1 who proceeded to the western part of the Ninety-Six District, hoping to raise a joint force on the borders of the two States of at least one thousand men. With this force it was supposed that Augusta would sub- mit with little or no resistance, as Cornwallis had reduced its garrison when preparing to meet Gates, and that there- upon the post at Ninety-Six would probably be evacuated. It was a bold and masterly scheme, and could the thousand men have been found it would probably have succeeded and produced most decisive results. But unfortunately the Ninety-Six region was as strongly Tory as that of Fair Forest, and the few Whigs who had surrendered with Williamson and Pickens had not yet felt the effects of Cornwallis's proclamation, and attributed the sacrifice of life of which they heard to other causes. McCall made his first application to Colonel Pickens and the most influ- ential officers of his former regiment, but with little suc- cess. The stipulations in their paroles had not yet been violated, and they considered themselves bound by con- science and honor not to break their engagements until an infringement was made upon its conditions. Instead of five hundred men which had been confidently calculated upon from Ninety-Six, McCall's persuasion could only induce eighty to accompany him. With this number he marched to Soap Creek in Georgia, forty miles northwest of Augusta, which had been fixed on as the place of ren-
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