USA > South Carolina > The history of South Carolina in the Revolution, 1780-1783 > Part 46
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1 Marion's letter to Maham, Gibbes's Documentary Hist. (1782-82), 232. VOL. IV .- 20
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State, and restored the former leaders to position. The Assembly was composed, not only of patriots who had proved their fidelity by suffering, but of statesmen, jurists, scholars, and soldiers, many of whom had but commenced careers of distinguished services, and whose names are still handed down with pride and reverence, and preserved in the names of counties, towns, and fortresses, and by every means by which a grateful posterity might enshrine : their memories.
The assemblage was remarkable, too, because it was the first in which there had been real representatives in the legislature from all parts of the State. In this body Sumter and Pickens and Taylor and Lacey and Winn and the Hamptons and Hammonds appeared, and brought with them from the Up-Country, which their swords had redeemed, as much weight in council as that which had hitherto been carried by the Rutledges, Pinckneys, Middletons, and others of the Low-Country.
But with all the ability and high character of the mem- bers, the circumstances under which they met were such as to preclude moderation and fairness in their dealings with their fellow-countrymen who had espoused the cause of their enemies.
Upon the assembling of the body, John Lewis Gervais was chosen President of the Senate, and Philip Prioleau, Clerk; Hugh Rutledge, Speaker of the House of Representa- tives, and John Berwick, Clerk.1 No journal of either House is now to be found. The court-house and jail probably were used as Senate chamber and hall of the House ; paper was scarce; and beyond the address of the Governor, the replies of the two Houses, and the statutes actually passed, we have but little account of the proceedings of this famous
1 Ramsay's Revolution in So. Ca., vol. II, 346, 349; MS. diary of Josiah Smith, Jr.
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Assembly. As there were but two or three houses in the village, the members probably found such accommodations as they could upon the neighboring plantations, or in the cantonments of the army under the protection of which the legislature was held.
The Houses having organized on Friday, the 18th day of January, 1782, his Excellency, John Rutledge, the gov- ernor, delivered an address, or "speech," as it was termed, the importance of which, marking out as it did the lines followed by the Assembly, it is well to give somewhat at length. It was as follows : 1-
"Since the last meeting of the General Assembly, the good people of this State have not only felt the common calamities of war, but, from the wanton and savage manner in which it has been prosecuted, they have experienced such severities as are unpractised, and will scarcely be credited by civilized nations.
"The enemy, unable to make any impression on the Northern States, the number of whose inhabitants, and the strength of whose country, had baffled their repeated efforts, turned their views towards the Southern, which, a difference of circumstances, afforded some ex- pectation of conquering, or at least of greatly distressing. After a long resistance, the reduction of Charlestown was effected, by the vast superiority of force with which it had been besieged. The loss of that garrison, as it consisted of the continental troops of Virginia and the Carolinas, and of a number of militia, facilitated the enemy's march into the country, and their establishment of strong posts in the upper and interior parts of it; and the unfavourable issue of the action near Camden induced them vainly to imagine, that no other army could be collected which they might not easily defeat. The militia, commanded by the Brigadiers Sumpter and Marion, whose enterprising spirit and unremitted perseverance under many difficul- ties are deserving of great applause, harassed and often defeated large parties; but the numbers of those militia were too few to contend effectually with the collected strength of the enemy. Regardless, therefore, of the sacred ties of honour, destitute of the feelings of humanity, and determined to extinguish, if possible, every spark of freedom in this country, they, with the insolent pride of conquerors,
1 Ramsay's Revolution in So. Ca., vol. II, 234.
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gave unbounded scope to the exercise of their tyrannical disposition, infringed their publick engagements, and violated their most solemn capitulations. Many of our worthiest citizens were, without cause, long and closely confined, - some on board of prison-ships, and others in the town and castle of St. Augustine, - their properties disposed of at the will and caprice of the enemy, and their families sent to dif- ferent and distant parts of the continent without the means of sup- port. Many who had surrendered as prisoners of war were killed in cold blood - several suffered death in the most ignominious manner, and others were delivered up to savages, and put to tortures under which they expired. Thus the lives, liberties and properties of the people were dependent solely on the pleasure of British officers, who deprived them of either or all on the most frivolous pretences. Indians, slaves, and a desperate banditti of the most profligate char- acters, were caressed and employed by the enemy to execute their infamous purposes. Devastation and ruin marked their progress and that of their adherents- nor were their violences restrained by the charms or influence of beauty and innocence - even the fair sex, whom it is the duty of all, and the pleasure and pride of the brave, to protect- they, and their tender offspring, were victims to the inveterate malice of an unrelenting foe. Neither the tears of mothers, nor the cries of infants, could excite in their breasts pity or compassion. Not only the peaceful habitations of the widow, the aged and infirm, but the holy temples of the Most High were consumed in flames kindled by their sacrilegious hands. They have tarnished the glory of the British arms, disgraced the profession of a British soldier, and fixed indelible stigmas of rapine, cruelty, perfidy and profaneness, on the British name. But I can now congratulate you, and I do so most cordially, on the pleasing change of affairs which, under the bless- ing of God, the wisdom, prudence, address, and bravery of the great and gallant General Greene, and the intrepidity of the officers and men under his command, has been happily effected - a general who is justly entitled, from his many signal services, to honourable and singu- lar marks of your approbation and gratitude. His successes have been more rapid and complete than the most sanguine could have expected. The enemy, compelled to surrender or evacuate every post which they held in the country, frequently defeated and driven from place to place, are obliged to seek refuge under the walls of Charlestown, and on islands in its vicinity. We have now the full and absolute possession of every other part of the State; and the legislative, executive, and judicial powers are in the free exercise of their respective authorities.
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His Excellency then went on to congratulate the Assem- bly on the glorious victory obtained at Yorktown by the combined forces of America and France over their common enemy, on the perfect harmony which subsisted between the two countries, on the stability which the indepen- dence of America had acquired, and on the certainty that it was too deeply rooted ever to be shaken. Then discussing what might be the immediate effects on the British nation of the events he had mentioned, and of their well-founded apprehensions from the powers of France, Spain, and Hol- land, he continued : -
" If, however, we judge as we ought of their future by their past conduct, we may presume that they will not only endeavour to keep possession of our capital, but make another attempt, howsoever im- probable the success of it may appear, to subjugate this country. It is therefore highly incumbent on us to use our most strenuous efforts to frustrate so fatal a design. And I earnestly conjure you by the duty which you owe, and the sacred love which you bear, to your country ; by the constant remembrance of her bitter sufferings; and by the just detestation of British government, which you and your posterity must forever possess, to exert your utmost faculties for that purpose, by raising and equipping, with all possible expedition, a respectable, permanent force, and by making ample provision for their omfortable subsistence. I am sensible the expense will be great, but , measure so indispensable to the preservation of our freedom, is above very pecuniary consideration.
" The organization of our militia is likewise a subject of infinite im- ortance. A clear and concise law, by which the burdens will be equally ustained, and a competent number of men brought forth and kept in he field when their assistance may be required, is essential to our curity, and therefore justly claims your immediate and serious atten- on. Certain it is, that some of our militia have, upon several occa- ons, exhibited instances of valour, which would have reflected honour veteran troops. The courage and conduct of the generals whom I ave mentioned, the cool and determined bravery repeatedly displayed Brigadier Pickens, and, indeed, the behaviour of many officers and en in every brigade, are unquestionable testimonies of the truth of
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this assertion ; but such behaviour cannot be expected from militia in general, without good order and strict discipline-nor can that order and discipline be established but by salutary law steadily executed."
His Excellency then proceeded to address the Assembly upon a subject of most vital interest to the State, and one in dealing with which the greatest statesmanship was de- manded. He said : -
" Another important matter for your deliberation, is the conduct of such of our citizens as voluntarily avowing their allegiance, and ever glorying in their profession of loyalty and attachment to his Britan nick Majesty, have offered their congratulations on the success of his arms, prayed to be embodied as Royal militia, accepted commissions in his service, and endeavoured to subvert our constitution and estab lish his power in its stead - of those who have returned to this State in defiance of a law by which such return was declared to be a capita offence, and have abetted the British interest - and of such whose behaviour has been so reprehensible, that justice and policy forbic their free re-admission to the rights and privileges of citizens."
Continuing the subject, his Excellency added : -
" The extraordinary lenity of this State has been remarkably conspic uous ; other States have thought it just and expedient to appropriat the property of British subjects to the public use, but we have for borne to take even the profits of the estates of our most implacable enemies. It is with you to determine whether the forfeiture and ap propriation of their property should now take place. If such shall b your determination, though many of our firmest friends have been re duced, for their inflexible attachment to the cause of their country, from opulence to inconceivable distress, and, if the enemy's will and powe had prevailed, would have been doomed to indigence and beggary, y it will redound to the reputation of this State to provide a becomin support for the families of those whom you may deprive of the property."
Then turning to the financial condition of the State, h proceeded : --
" The value of the paper currency became of late so much deprec ated that it was requisite, under the powers vested in the executi-
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during the recess of the General Assembly, to suspend the laws by which it was made a tender. You will now consider whether it may not be proper to repeal those laws, and fix some equitable mode for the discharge of debts contracted whilst paper money was in circula- tion.
" In the present scarcity of specie it would be difficult, if not imprac- ticable, to levy a tax to any considerable amount towards sinking the public debt ; nor will creditors of the State expect that such a tax should, at this time, be imposed ; but it is just and reasonable, that all unsettled demands should be liquidated, and satisfactory assurances of payment given to the publick creditors."
In conclusion the governor added : -
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" The interest and honour, the safety and happiness of our country, depend so much on the result of your deliberations, that I flatter my- self you will proceed, in the weighty business before you, with firmness eand temper, with vigour, unanimity and despatch." 1
How far General Greene was entitled to the principal, if not sole, credit of the redemption of the State, which, under the blessing of God, the governor attributed to him, has icfalready in a measure been considered, and the subject may ateagain be alluded to when we come to narrate the action of the or ble ap Assembly at the suggestion of his Excellency in the rewards heaped upon him. It is sufficient now to observe that, while ba the enterprising spirit and unremitted perseverance of re Sumter and Marion are commended, little importance ouwas attached by the governor to their conduct as forerun- hing the action of Greene, and preparing the way for his successes, if not accomplishing results of which his suc- besses were only the natural and inevitable consequences.
In stating that the Whigs had now the full and absolute possession of every part of the State but Charlestown and he neighboring islands, and that the legislative, executive, ind judicial powers were in the free exercise of their respec- ive authorities, the governor rather overstated the result
1 Ramsay's Revolution in So. Ca., vol. II, 334-342.
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that had been so far accomplished. The legislature at the time was sitting only under the protection of the army. and judicial powers could scarcely be said to be in existence. No sheriff could have served a writ without military as- sistance, nor could a court have been convened or have held a session except, as in the case of the legislature, under the protecting wing of the army. As a matter of fact the courts were not opened for nearly a year after. His Ex- cellency had indeed but begun the reestablishment of civil government, and this only by the aid of military power.
To this address answers were returned by the two Houses of Assembly. The answers did but little more than echo his Excellency's address, save in regard to General Greene, of whom they spoke in still more exalted terms. The Senate, without an allusion to Sumter, Marion, or Pickens, answered : -
" It is with inexpressible pleasure, that we receive your Excellency's congratulation upon the great and glorious events of the campaign, on the happy change of affairs, and on the pleasing prospect before us ; and we assure your Excellency, that we concur most sincerely with you, in acknowledging and applauding the meritorious zeal, and the very important services which have been rendered to this State by the great and gallant General Greene, and the brave and intrepid officers and men under his command, and to whom we shall be happy to give the most honourable and singular testimonies of our approbation and applause."
The House, in still more extravagant language, replied :
" We should betray a great degree of insensibility, and be wanting in justice to his merit, should we omit this occasion of acknowledging, with the warmest gratitude, our obligations to the great and gallant General Greene. His achievements in this State, while they rank him with the greatest commanders of ancient or modern date, will engrave his name in indelible characters on the heart of every friend to this country. Our acknowledgments are also due to all the brave officer and men under his command who have so often fought, bled, and conquered for us."
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This branch of the Assembly, however, added this much merit of praise to the partisan leaders of the State : -
"The Generals Sumpter, Marion, and Pickens, with the brave militia under their commands, those virtuous citizens who did not despair of the commonwealth in her greatest extremity, are deserving of the highest commendation."
Pickens was at this time away conducting his most successful campaign against the Indians, but both Sumter and Marion were present in the Senate; probably it was their modesty and delicacy which excluded from the pro- ceedings of the Senate any recognition of the great services they had rendered, not only before and during Greene's campaign in the State, but while he had abandoned it to meet Lord Cornwallis in North Carolina.
CHAPTER XXV
1782
THE suggestions of his Excellency in his address were all carried out by the legislature. Indeed, it may be said that he moulded its action in his proclamation of the 27th of September and in his address.
Under the constitution of 1778 the term of office of the governor and lieutenant-governor was to continue for two years, and no one serving in either of these offices was reeligible for a period of four years after.1 Governor Rutledge had been elected in January, 1779, and Chris- topher Gadsden had, during the siege of Charlestown, in May, 1780, been appointed lieutenant-governor in the place of Thomas Bee, who was in Philadelphia attending the Continental Congress. Their terms of office, under the Constitution, consequently expired in January, 1781, but at that time the British had possession of the whole State, and no election could be held. The first duty of the present Assembly which now met was, therefore, to elect a governor and lieutenant-governor. The Tories, no doubt learning of Sumter's resignation, built up great hopes of dis- cord and jealousies among the Whigs at this time. The Royal Gazette of the 26th of December, 1781, announcing that the Assembly was soon to meet and that a new governor was to be chosen, added as information from the rebel country that "the aristocratick party as they are styled
1 Statutes at Large, vol. I, 138.
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are strenuous for Mr. Ralph Izard, Senior - to whom Mr. Sumter is opposed by a considerable body of the Back- Country people." Whether there was any real foundation for such a rumor is not further known; but certain it is that, though aggrieved by the action of Governor Rutledge at the instigation of General Greene, Sumter lent himself to no such intrigue. So far was he from seeking to be elected governor that on the 22d of December he writes to General Greene, acknowledging the receipt of two letters, of the 12th and 15th. "In the former of these letters you asked if I did not intend to get into the Gen- eral Assembly. It is probable I may serve if elected, but as I never have solicited any public appointment, I can't think of doing it now." And when elected to the Senate, he gave the new governor his most active support, not- withstanding the ill treatment he conceived himself to have received, volunteering even to recruit men for the Continental battalions, though himself out of the service.1
The Assembly went into an election for a governor, and Christopher Gadsden, the lieutenant-governor, was chosen, but he declined the office in a speech which Ramsay reports as to this effect : -
"I have served you in a variety of stations for thirty years, and I would now cheerfully make one of a forlorn hope in an assault on the lines of Charlestown, if it was probable that, with the certain loss of my life, you would be reinstated in the possession of your capital.
1 Letter of Governor Mathews accepting his offer, March 11, 1782, Sumter MSS. Governor Mathews writes to Sumter: "The estab- lishing an armory is certainly a very desirable object. I will consider your proposal and acquaint you with the result as soon as I can. Your undertaking to recruit men for our Continental battalions would be ren- dering your country a most substantial service. I therefore request you would proceed on that business with every possible attention, and inform General Huger of my desire that you would engage in this important business."
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What I can do for my country I am willing to do. My sentiments of the American cause, from the Stamp Act downwards, have never changed. I am still of opinion that it is the cause of liberty and of human nature. If my acceptance of the office of governor would serve my country, though my administration would be attended with the loss of personal credit and reputation, I would cheerfully under- take it. The present times require the vigour and activity of the prime of life; but I feel the increasing infirmities of old age to such a degree, that I am conscious I cannot serve you to advantage. I there- fore beg, for your sakes, and for the sake of the publick, that you would indulge me with the liberty of declining the arduous trust." 1
Christopher Gadsden having declined, John Mathews, the member of Congress whose prompt and vigorous action had thwarted the intrigue of the French ambas- sador, by which the Carolinas and Georgia came near being sacrificed for the independency of the other ten States, and who had since been rendering Washington signal ser- vice as a member of the committee of Congress at his headquarters, was next elected governor and accepted the office. Richard Hutson, one of the exiles, was elected lieutenant-governor. The privy councillors chosen were Christopher Gadsden, Edward Rutledge, Peter Bocquet, Morton Wilkinson, Richard Beresford, Samuel Smith, Benjamin Guerard, and John Lloyd. Delegates to Con- gress, John Rutledge, Arthur Middleton, John Lewis Gervais, Ralph Izard, and David Ramsay. Commissioners of the Treasury, William Parker and Edward Blake.2
The first act passed by the legislature was one repealing the laws which had made paper currency or bills of credit a legal tender in payment of debts.3 Accompanying this was one suspending the operation of the statute of limitations of actions until the 1st of February, 1783 ; 4 and another pro-
1 Ramsay's Revolution in So. Ca., vol. II, 349.
2 MS. diary of Josiah Smith, Jr .; The Royal Gazette.
3 Statutes at Large, vol. IV, 508.
4 Ibid., 509. .
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hibiting the commencement of suit for any debt until ten days after the meeting of the next General Assembly.1 "An act for settling the qualifications of the electors and elected in the next General Assembly" followed, by which Governor Rutledge's proclamation of the 7th of September and 17th of November was recited and adopted, and their provisions extended to the next election.2 An act of considerable im- portance, the repeal of which, the next year, was the subject of an unfortunate interference by General Green, was one vesting in the Congress of the United States power to levy duties of five per cent ad valorem, on certain goods and mer- chandise imported into the State, and on prizes and prize goods condemned in court of admiralty.3 And an act was passed for furnishing supplies to the army to the value of 373,598 Mexican dollars, being the quota assigned to this State of the Continental estimates for the year 1782.4 " An act to procure recruits and prevent desertion" provided that every able-bodied recruit of the proper age, who should enlist in the Continental service for three years, or during the war, should receive for each and every year's service the bounty of one sound negro between the age of ten and forty years, to be delivered one at the time of his enlist- ment, another at the time of the second year's service, and the third at the expiration of the third year's service. It was provided that, if any such recruit should die, be killed, or maimed after the commencement of the third year, he or his heirs should, nevertheless, be entitled to receive the same bounty as if he had served out the third year. If he deserted, the bounty was to be forfeited to the use of the State. A bounty of a negro between the ages above mentioned was also offered to any person who should procure twenty- five recruits within two months after the passing of the
1 Statutes at Large, vol. IV, 513.
2 Ibid., 510.
8 Ibid., 512.
4 Ibid., 525.
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act; a like gratuity was offered to any person who should procure thirty-five recruits to enlist within three months.1
Following Governor Rutledge's recommendation, Thomas Ferguson, Morton Wilkinson, and John Ward were ap- pointed commissioners for purchasing an estate to the value of 10,000 guineas in trust for the Honorable Major-General Nathanael Greene, and the faith of the State was pledged for the fulfilling of any contract which should be made by the commissioners for the payment of the purchase money.2 It may well be doubted if the legis- lature would have been so prompt in awarding this gratu- ity had it been known at the time that the return of General Greene to South Carolina had not been of his own suggestion, and that he had unwillingly remained in the State after coming; that, on the contrary, he had been about to abandon it again after the battle of Hobkirk's Hill, and had only been prevented from doing so by Lee's remonstrance, and Lord Rawdon's abandonment of Camden in consequence of the breaking up of his communications by Sumter, Marion, and Lee, movements which he had scarcely sanctioned. Lee's story had not then been told. Nor were Sumter and his heroic followers, the Hamptons, Taylors, Lacey, Hill, and Winn, nor Marion with the Horrys, Postells, McCottry, James, and the Vanderhorsts, all with seats in that body, aware that he had sneered at and belittled their services, declaring to Governor Reed of Pennsylvania that they and their gallant and patriotic bands had been serving more from a desire of plunder than from any in- clination to promote the independence of the United States. Had all this been known at the time, it is not probable that an acre of land or a dollar of money would have been voted him. At the time of Rutledge's recommendation for his re- muneration, the governor believed that it was Greene's mili-
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