I.

To this a meffage from the commandant was delivered 1780. officially, in which he acknowledged that this extraordinary step had been taken " from motives of policy." On the 1ft of Sept. gen. Moultrie, as the fenior conti- Sept. nental officer, that was a prifoner under the capitulation, demanded a release from the prifon-fhip of those gentlemen particularly, who were entitled to the benefit of that act; and requested, that if the demand could not be complied with, he might have leave to fend an officer to congress to reprefent the grievance. The commandant, under the pretence that the terms of the letter were very exceptionable and unwarrantable, declined returning an answer; and cleared himself of a business that he was not capable of defending, by declaring in a note. from a major of brigade, that he would not receive any further application from the general on the fubject. The British endeavoured to justify the fending of the citizens to St. Augustine, by alleging the right of captors to remove prifoners whitherfoever they please, without regarding their convenience. It was generally conceived, that the right of the citizens of Charlestown to refide at their homes, was not only ftrongly implied, but plainly expreffed in the capitulation; however as the article refpecting the inhabitants of the town, only promifed that they should be prifoners on parole, and did not immediately add in Charlestown, the British commanders took the advantage of it for removing gentlemen, charged with no breach of the capitulation, from their houfes, wives and children, by offering them that parole in St. Auguftine, to which they had an undoubted right in Charlestown, upon the established rule among civilized nations, to conftrue capitulations, where ambiguous, in

178 favor of the vanquished. The fuffering individuals might justly complain upon the occafion; but congrefs could not, confidering what had taken place with regard to the convention troops under gen. Burgoyne.-See P. 45-51.

Sept. 16.

On the 16th of September, lord Cornwallis proceeded to the fequeftration of all estates belonging to the decided friends of American independence. In the execution of this business, John Cruden efq; was appointed to take poffeffion of the eftates of particular persons, defignated in warrants iffued by his lordship or the commandant of Charlestown. Many will pronounce this fequeftration by his proclamation, as justifiable as the confifcation of real and perfonal property by the several American states, upon the recommendation of congress in 1777.

The numbers of real royalifts, together with the occafional ones who joined the train of the conqueror, bore fo large a proportion to the remaining inhabitants of South Carolina, that lord Cornwallis, with his fuperiority in arms, might reasonably expect, that the patrons of American independence would be utterly incapable of giving him further trouble in that ftate: but events were different. Col. Marion had retired from Charlestown during the fiege, his leg being fractured, which difabled him from commanding his regiment. After the furrender of the capital, he retreated to North Carolina. He was promoted by gov. Rutledge to the rank of brigadier general, about the time that Sumpter was honored in like manner; which was foon after the latter had penetrated into South Carolina, and recommenced a military oppofition to British government,

though he has hitherto been spoken of under his conti- 180. nental title of colonel. Marion fuccefsfully profecuted, in the north eastern extremities of the ftate, the fame plan with Sumpter. On the advance of gen. Gates, he procured the command of fixteen men: with thefe he penetrated through the country, and took a pofition near the Santee. From this ftation he fallied out and captured a small British guard, and rescued 150 foldiers of the Maryland and Delaware corps, who, having been taken on the 16th of Auguft, were on their way from Camden to Charlestown. He released the prifoners, paroled his captives, and then took himself to the woods. The defeat of Gates however obliged him to quit the state; but after an absence of a few days he returned. In his letter from Peedee of Auguft the 29th, he wrote to Gates As the militia is not under any command, fome days I have not more than a dozen with me." In fubfequent ones he expreffed himfelf as follows On September the 4th, marched with 53 to attack a body of 200 tories, who intended to furprife me:-surprised a party of 45, killed and wounded all but 15 who efcaped :-met and attacked the main body, and put them to flight, though they had 200 men." "Marched to Black Mingo September the 24th, where was a guard of 60 men of the militia :-attacked them on the 28th: -killed three, wounded and took 13 prifoners. I had 1 captain, and 1 private killed; I captain, 1 lieutenant, and 6 privates wounded: feveral of the enemy have fince been found dead in a fwamp to which they took. So many of my men were defirous of feeing their wives and families which have been burnt out, that I found it neceffary to retreat the next morning, The

1780. prifoners taken are men of fortune and family, which I hope will check the militia from taking arms against us. Capt. Murphy's party have burnt a great number of houfes on little Peedee, and intend to go on in that abominable work, which I am apprehenfive may be laid to me; but I affure you, that there is not one house burnt by my orders, or by any of my people: it is what I deteft, to distress poor women and children." The manner of Marion's expreffing himfelf, points out Murphy for an anti-royalift. Many of the profeffed whigs dif graced themfelves, by the burnings, plunderings and cruelties, that they practifed in their turn upon the royalifts. They changed fides at times, as appears by Marion's letter of October the 18th-" I have never yet had more than feventy men to act with me, and fometimes they leave me to 20 or 30. Many who had fought with me, I am obliged to fight againft." He wrote to Gates "Nov. the 4th. I croffed Peedee the 24th of Oct. the next night came up with two hundred men under col. Tyne, whom I furprised: killed 6, wounded 14, and took prifoners 23, and got 80 horfes and faddles, and as many ftand of arms. The colonel made his escape; but, fending a party to the High Hills of Santee, he fell into our hands, with feveral other prifoners, and fome who have been very active against us and great plunderers. The militia are now turning out better than they have done. At prefent I have upward of 200, and expect that in three or four days it will be double." "Black river, Nov, the 9th. Col. Tarleton [with his corps] has burnt all the houses, and deftroyed all the corn, from Camden down to Nelfon's ferry has behaved to the poor women with great barbarity; beat Mrs. Richard

fon, the relict of gen. Richardfon, to make her tell 1780. where I was; and has not left her a change of raiment. He not only destroyed all the corn, but burnt a num、 ber of cattle in the houfes he fired.-It is diftreffing to fee the women and children fitting in the open air round a fire without a blanket, or any clothing but what they had on, and women of family, and that had ample fortunes: for he fpares neither whig nor tory. Most of the inhabitants to the fouthward are ready and eager to take up arms against their task mafters." "Nov. the 21ft. Col. Tarleton retreated to Camden after destroying most of the houses and provifions on the High Hills of Santee.Many of my people have left me and gone over to the enemy for they think we have no army coming on, and that they have been deceived, as we have heard nothing from you for a great while. Gen. Harrington has not done any fervice with the troops he commands, while I have been obliged to act with fo few, as not to have it in my power to do any thing effectual, for want of men and ammunition." So much was he diftreffed for ammunition, that he has engaged when he had not three rounds to each man of his party. At other times he brought his men into view, though without ammunition, that he might make a fhow of numbers to the enemy. The faws of mills were converted into horfemen's fwords for his defence. For months he and his party flept in the open air, and fheltered themselves in the thick receffes of deep fwamps; from whence he fallied out, whenever an opportunity of haraffing the enemy, or of ferving his country prefented itself. He paid the greatest regard to private property, and reftrained his men from every fpecies of plunder.