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Entered according to Act of Congress in the Clerks Office of the District of South 
Carolina, March 12th, 1853. 





"Breathes there a man with soul so dead, 
Who never to himself hath said, 
This is my own, my native land!" 


MY first volume of " DOCUMENTARY HISTORY " having been favorably 
received, I am induced to continue the publication. The present, is 
composed chiefly of original papers relating to the early period of the 
Revolution. Some of these have never before been published, others 
have been given in "Drayton s Memoirs," a work now out of print. 
As the originals will be deposited among the Archives of South 
Carolina, I have republished some which are to be found in Drayton s 
work, as necessary to the completeness of the narrative of the acts of 
the day. For the Drayton papers, I am indebted to the kindness of 
A. R. DRAYTON, Esq., the grandson of William Henry Drayton, whose 
patriotism, energy, and untiring exertions in the cause of liberty are 
abundantly set forth in the following pages. Serving in every capacity 
where active duty was required, he was truly one of the moving spirits 
of the Revolution. The letter of " Freeman," and the proceedings of 
the King s Council in relation to it are very interesting. 

General Christopher Gadsden s few papers were kindly placed in my 
hands by General JAMES GADSDEN, and it is a matter of regret that 
we have so few memorials of that sturdy republican, who, of all the men 
of 1776 was one of the earliest and most unflinching advocates of the 
inalienable rights of his fellow-citizens to liberty and independence. A 
few valuable letters of his will be given in another volume. 

The journal of the Rev. Mr. Tennent, kindly placed at my disposal 
by his grandson, Dr. E. S. TENNENT, of Charleston, completes the 
history of the expedition by Drayton and himself into the upper 
Districts of South Carolina to explain the Revolution. 

I have been also favored by W. PERONNEAU FINLEY, Esq., President 
of the Charleston College, with two manuscript Orderly books of Marion, 
from which I have made a few selections, and of which others will be 
given. An Orderly book of Adjutant Charles Lining, loaned me by the 


Rev. J. M. PRINGLE, has also furnished interesting particulars. This 
MS. volume comprises the same details as one of Marion s. 

A few printed circulars, now very rare, have been reprinted as forming 
important links in the chain of events in this early history. 

In publishing this collection of papers, which I have for twenty-five 
years been collecting, I do so with the hope of aiding in preserving 
materials for history, which may otherwise have been lost. They are 
given for their intrinsic value, and in the order of dates, without 
reference to special events. I trust they will be received, as they are 
offered, as a contribution to the history of that glorious Revolution of 
which every memorial is dear to South Carolina. 


On p. 10, from MSS. of "Christopher Gadsden/ read of "John Drayton/ 
On p. 274, 24th line, after the word " themselves," read " order/ 












COUNCIL; , 71 






































































































FLOYD, 224 























RYSBURGH, MARCH 10, 1776, 261 




















[MSS. of Christopher Gadsden.] 

CHARLES TOWN, the 4th day of Sept., 1764. 
To Charles Garth, Esq., Agent of the Colony of South Carolina: 

SIR : By the direction of the House, we transmit to you a copy of 
the report made by a Committee who were appointed to draw up a state 
of the paper currency in use in the province, which was agreed to by 
the House. And also a copy of the resolution thereupon, which re 
commended that you do use your utmost endeavors to procure for this 
province liberty to emit paper currency to the amount of 40,000 
sterling, to be made a tender in law. 

You will see by the report that the whole amount of legal currency 
of the province is only 106,500 currency, equal to about 15,214 
sterling. That all the other moneys which have been from time to 
time issued were only temporary expedients, to serve pressing and 
emergent occasions, and have been, or will be, at the proper periods ap 
pointed by law, sunk and cancelled by a tax on the inhabitants, so that 
in a very short time the whole paper currency of the province, of all 
kinds and denominations, will consist only of the said sum of 106,500 
currency. That something is absolutely necessary to answer the pur 
pose of money, as a medium of trade, is a proposition that at this time 
of day needs not be insisted upon ; and it follows as naturally that the 
quantity of such medium should be proportioned to the occasions for 
it ; that the sum of 15,000 sterling is altogether insufficient and in 
adequate, must be apparent to every one the least acquainted with the 
trade and commerce of the province, the exports of which, (communi- 
bus annisj) for seven years last past, at the first cost of the several 
commodities, are of more value than sixteen times that sum ; for, on a 
moderate computation, the value of our exports exceeds 250,000 
sterling per annum. Add to this, that our taxes exclusive of what 


is raised by duties and impositions on goods, wares and merchandise 
do, in some years, more than double the whole amount of our legal cur 
rency. These two considerations adverted to will be sufficient, we ap 
prehend, to demonstrate the necessity of an increase of paper currency ; 
could we presume it will not be thought unreasonable still to indulge 
this province in the exercise of a discretional power which they have 
never yet abused to issue and establish a paper currency, as a tender 
in law, not exceeding in the whole the value of 40,000 sterling, 
which, considering the increase of its inhabitants, trade and taxes, can 
scarcely be deemed equal now to what 15,000 was in the year 1731, 
when that sum was thought necessary. 

The evils attending a wanton exercise of power, in some of the colo 
nies, by issuing a redundancy of paper currency, has always been 
avoided by this province, by a proper attention to the dangerous conse 
quences of such a practice, and the fatal influence it must have upon 
public credit. Our occasional issues, therefore, have been such as ne 
cessity alone has produced, and the faithful and punctual manner in 
which our bills of credit have been called in and cancelled, has pre 
served the value of them at an uniform and stated rate of exchange, 
equal with gold and silver coin. 

We are clearly of opinion that the raising the value of gold and 
silver is very impracticable, and an attempt to do it will only serve to 
depreciate the value of our currency. We have particularly in charge 
from the House, to direct you to make all opposition you possibly can, 
in conjunction with the agent of the other colonies, in the laying a 
stamp duty, or any other tax by act of Parliament on the colonies. 

The Committee thought your letter relative to this so alarming and 
important that they prayed the special direction of the House there 
upon, and while it was under their consideration as you will perceive 
by a transcript of their journal herewith sent you and they had pro 
ceeded so far as to give us the above mentioned general charge, his 
honor the lieutenant-governor found it necessary to prorogue the assem 
bly, so that the House had not an opportunity of furnishing us with 
reasons to be transmitted to you, but left it to the committee; and 
therefore we shall endeavor to supply such as we are able. 

The first, and in our opinion the principal reason, against such a 
measure, is its inconsistency with that inherent right of every British 
subject, not to be taxed but by his own consent, or that of his repre 
sentative. For, though we shall submit most dutifully at all times to 
acts of Parliament, yet, we think it incumbent on us humbly to remon 
strate against such as appear oppressive, hoping that when that august 


body come to consider this matter they will view it in a more favorable 
light, and not deprive us of our birthright, and thereby reduce us to 
the condition of vassals and tributaries. This privilege is due to us as 
British subjects, born under the same allegiance and form of govern 
ment, and entitled to the inestimable rights of the same laws and cus 
toms, founded . on the reason and common sense of mankind. For 
doubtless the representatives of the people of any province must best 
know in what manner supplies may be most conveniently raised by their 
respective constituents; and, by residing in this province, we are sure 
we become not less but more useful and beneficial to our mother 
country, where we do actually contribute all in our power to relieve her 
from the great load of debt she lies under; and we may, with the 
greatest truth, aver, that every commodity produced by the labor of the 
inhabitants of this province is paid ultimately to her for her manufac 
tures, imported and sold here at the advanced prices that the British 
taxes oblige the makers and venders to set on them ; so that any tax 
raised on our colony must only take so much from the merchant and 
tradesmen of Great Britain, as it places in the hands of the officers 
appointed to collect the same ; or, perhaps, oblige the people here, 
through inability to purchase British goods, or looking upon themselves 
as cast off by their mother country, to employ their slaves in manufac 
turing their own wool, of which they have great plenty of little or no 
value at present. 

We are annually subjected, by our own laws, to a considerable tax for 
the charges and support of government, which, even in favorable times, 
often amounts to more than our whole legal currency, and which, not 
withstanding the care and prudent methods of the Legislature in 
imposing it, falls very heavily on the inhabitants, and is with difficulty 
paid, being at this time more, in proportion to the value of our estates, 
real and personal, than the land tax raised in Great Britain. 

We are still farther burthened with a very heavy balance of debt, 
partly the effects of a long and expensive war with the Cherokee Indians, 
principally by the disgust given them in the Northern colonies, 
whither our zeal for his majesty s service alone prompted us to prevail 
with them to go, at the charge of this province, upon the pressing request 
of the Commander-in-Chief, and partly incurred by raising large sums 
of money, at the desire and upon the faith of his majesty s ministers, 
who positively promised that we as well as the other provinces should 
be reimbursed. Now, if that must be deemed a reimbursement, which 
all the Northern governments have received, and is now, with large 
interest, to be recovered from them again, in a manner very dispiriting 


to a British subject, we hope we may for once think ourselves particu 
larly lucky that we have so little to refund in this respect, having (as 
you know) only received our proportion of one (the first) grant from 
Parliament to the American Colonies, and not one farthing since 
(except the trifling sum mentioned in one of your last favors). Although 
it might be easily demonstrated that this province (considering the 
number of her inhabitants) did raise and keep in pay during the late 
war, as well for the general service of North America as for prosecuting 
the war with the Indians, a greater number of troops, and at a greater 
expense than any other government upon the continent, which, particu 
larly in the expedition under Col. Grant, were equal in number to 
almost the fourth part of the men in the province able to bear arms. 
At present, our charge for troops to the crown is very trifling, only part 
of three companies of his majesty s forces being stationed in this 

The laws of trade lay greater restrictions on this province than on 
many of her sister colonies. Almost all our commodities are enumera 
ted, whereas few or none of theirs are so, notwithstanding ours are such 
as tend wholly to improve, and by no means to interfere with those of 
the mother country. Of course our exports must come to market under 
greater disadvantages ; our trade, especially with regard to shipping, is 
much more cramped, and our imports much more confined, particularly 
that of salt an article of the greater consequence, which most of the 
other colonies are prepared to import directly from Portugal, but we are 
not allowed that privilege. 

Our situation is dangerous, and at the same time weak, being sur 
rounded with several numerous nations of Indians. Nothing shows this 
plainer than the late frequent insults and murders committed by the 
Creeks, which the province has been obliged to put up with unresented, 
and our frontier settlers, we know, are not much to be depended on, as, 
upon any great alarm, most of them immediately fly to the neighboring 
provinces, that are better peopled, for safety. Now, as it is absolutely 
necessary for the preservation of a people, in such a situation that they 
may be suddenly attacked by savage enemies, that they should not be 
so exhausted and impoverished by taxes as to be disabled from raising 
the necessary extraordinary supplies on such critical occasions, as they 
have already experienced, and know not how soon they may again 
experience, but that some resources should be left them against such 
calamitous times. We, therefore, desire you to represent in the most 
humble manner the inability of this province to bear any other taxes or 
impositions than those already laid, or that may be necessarily laid on 


them by their own laws, according to the exigencies of their affairs 
But we would particularly avoid, if possible, the proposed tax on stamps, 
which we apprehend may be very prejudicial to many innocent people, 
who may err through ignorance, and more especially as it must greatly 
enhance the expense attending proceedings at law, which, to our back 
settlers, that live some at two hundred or three hundred miles distance 
from Charles Town, must be very distressing indeed; besides, such 
additional and unexpected impositions on a people already overburthened 
with taxes and deeply in debt, who have so sickly a climate and such 
inclement seasons to struggle withal, as necessarily expose them to a 
much more expensive way of living than they would be liable to in a 
more healthy and temperate country, in order to keep up their spirits 
in any degree of fatigue, or even to preserve their lives, must tend to 
dispirit and ruin them, for how can it be expected they will be forward 
to exert themselves by raising money on every pressing occasion, when 
they cannot be sure but while they are doing so to the utmost of their 
power, that the Parliament may at the same time be laying still greater 
burthens upon them? What must many think best to be done in 
these circumstances and such complicated distress ? What ! but to 
leave such a precarious, unfortunate province ; and, if necessity obliges 
them so to do, we are well assured they can scarce go any where else, 
where they will be so advantageous to Great Britain as they are here. 

From these and many other considerations, we cannot be brought to 
think that a British Parliament, instead of alleviating, parent-like, the 
many hardships and difficulties peculiar to her sons settled in this hot 
and unhealthy climate, will endeavor still to augment them, and that to 
a degree so as to reduce us almost to despair, by carrying into execu 
tion so baneful an expedient as that proposed of laying^ny internal tax 
upon the provinces. However, if we should be so unhappy as to find 
ourselves mistaken, and if, as you give us to understand, no pleas of 
inability will indeed be heard, we herewith send you a copy of an act of 
Assembly lately passed in this province, intended to prohibit the impor 
tation of negroes for three years from the first of January, 1776. The 
reason for giving so long a day for its commencement is to take off 
any just cause of complaint from any persons who may be embarked in 
that trade, and who are or may be preparing to fit out vessels for that 
purpose, that they may have sufficient time given them to order their 
affairs so as to receive no prejudice. This law is thought so absolutely 
necessary to the safety and welfare of the province, as well to guard 
against the danger to be apprehended from too great a disproportion of 


slaves to white inhabitants, as also to give the planters an opportunity 
of discharging their debts, that we hope no artifice or interested views 
will be employed to defeat the salutary intentions of it. We, therefore, 
desire that should any application be made, or endeavors used to pro 
cure a repeal of it, that you will oppose to the utmost of your power any 
such attempt. 

We also send you a transcript of the journals of the House from the 
last date you had them to the time of our prorogation a few days ago. 
By them you will see how the public business has been obstructed ; a 
tax bill and a revival bill rejected by the council, because the House 
would not allow of their innovations and alterations, by which means a 
number of very important and necessary laws have expired, and a long 
and tiresome sitting rendered fruitless; and the public creditors, who 
were intended to be amply provided for and compensated with interest 
for the time they have been kept out of their money entirely disap 

The experience we have had of your diligent and faithful attention 
to the several matters heretofore recommended to your care, and the 
particular satisfaction you have given during your whole agency, leaves 
us not the least room to doubt of the continuance of your best services 
to the province, whose interest you so well understand. 

We are sorry you should so long continue involved in the general 
misfortune of the other public creditors, and that the provision which 
was made for your salary and disbursements in the tax bill should by 
the late rejection thereof prove to no purpose. 
We are, sir ; your most obedient servants, 



[MSS. of Christopher Gadsden.] 

CHARLES TOWN, So. Carolina, Dec. 2nd, 1765. 
To Charles Garth, Agent of the Colony : 

DEAR SIR : As I am persuaded it will give you pleasure to hear 
what our Assembly has done in the common cause, in order to promote 
the important matters agreed upon at the Congress, I will make no 
further apology for giving you an account thereof. 

As Mr. Lynch, Rutledge and myself were informed at New York 
that our Assembly were to meet the 28th October, we thought it abso 
lutely necessary that one of us should set off as speedily as possible, 
after the breaking up of the Congress, in order to catch our House 
before their adjournment. This fell to my lot, and accordingly I left 
York with the papers, two days after, in a very small schooner, crowded 
with passengers, full of these hopes; but, unfortunately, through the 
over-timorousness of the master, who stretched too far to the eastward, 
I did not get here till the 13th last month, and in less than forty-eight 
hours after, had the pleasure of seeing my worthy colleagues, Mr. 
Lynch and Mr. Rutledge, in a short passage by the way of Philadelphia. 
We found the Assembly (not expecting us so soon) had adjourned to 
the 25th of last month. As soon as we arrived and could get copies of 
the Minutes of the Congress made out, we dispatched them as we were 
desired to Georgia and North Carolina. The 26th, a House was made, 
and passed the inclosed report, together with the Minutes of the Con 
gress, their Declarations of opinion and the engrossed Addresses to the 
King, Lords and Commons, then laid before them. The Declarations 
and the Addresses were accordingly read that morning, and then the 
House adjourned to 4 o clock, P. M., of the same day, when the whole 
was agreed to unanimously (excepting by one member) totidem verbis, 
and the Addresses ordered to be signed by the Speaker ; and, as a fine 
ship, the only one then in harbor that had cleared before the first of 
November for any part of Great Britain, was ready and obliged to sail 
the next morning, being a spring ship, the Commissioner of Corres 
pondence was immediately ordered to write a letter to the Agent and 
enclose them, which was done, and the vessel, the Charming Charlotte, 
Capt. Reeves, luckily had an opportunity of getting over the bar the 
next morning with a very fine wind. The next day the House did us 
the honor to give us their thanks by the Speaker signifying their appro 
bation of our whole conduct in the most ample and obliging manner. 

A Committee was afterwards appointed to draw up such particular 
Resolutions on the present occasion as were thought necessary for the 


House to enter into, which accordingly they did, and reported, and to 
which, after making a very few alterations, the House agreed, and 
ordered to be published inclosed is one of these publications. As soon 
as this business was completed the House adjourned till after Christmas, 
(to the 7th January,) having just ordered the Commissioner of Corres 
pondence to write more fully to the Agent upon these important matters 
by a packet that will sail in about ten or twelve days. The short letter 
that has been already sent to the Agent you have herewith a copy of, as 
also of another wrote by Mr. Lynch, Mr. Rutledge, and myself from 
New York the day after the Congress, and put into Capt. Davis bag the 
morning I sailed. Our people have behaved as firmly in the common 
cause as any upon the Continent, without having done the least mischief, 
and I make little doubt of their continuing so to do, though we have a 
number of cunning, jacobitical, Butean rascals to encounter, that leave 
nothing untried to counterwork the firmness and loyalty of the true sons 
of liberty among us; these are such infernal fiends as none of the sister 
colonies north of us have to dread, but with all their cunning (though 
that is generally accounted a more formidable enemy than mere force), 
I hope, and indeed don t doubt but the wretched miscreants will find 
themselves disappointed, and their American posterity, as well as our 
selves by our uniform spirit of firmness, made happy in the preservation 
of their and our just rights and privileges, whether they will or no. 
The friends of liberty here are all as sensible as our brethren to the 
northward, that nothing will save us but acting together. That pro 
vince that endeavors to act separately will certainly gain nothing by it; 
she must fall with the rest, and not only so, but be deservedly branded 
besides with everlasting infamy. 

For my part, I have ever been of opinion, that we should all endeavor 
to stand upon the broad and common ground of those natural and inhe 
rent rights that we all feel and know, as men and as descendants of 
Englishmen, we have a right to, and have always thought this bottom 
amply sufficient for our future importance. I wish that the charters, 
(we have one as most) being different in different colonies, 

may not be the political trap that will ensnare us at last by drawing 
different colonies upon that account to act differently in this great and 
common cause, and whenever that is the case, all will be over with the 
whole. There ought to be no New England men, no New Yorker, &c., 
known on the Continent, but all of us Americans ; a confirmation of 
our essential and common rights as Englishmen may be pleaded from 
the Charters safely enough, but any farther dependence on them may 
be fatal. I am the more rivetted into this opinion from all ministerial 


writers that I have seen, fas csl cf, al> hoztc <7wm, and from none more 
than the famous author of the regulations lately made concerning the 
colonies, published the present year with great eclat, pages 17 and 18, 
also page 22 where he informs us of the reasons why the new provinces 
are not yet permitted to have Assemblies, which are easily seen through. 
Tis pity that every Assembly in each province should not have a con 
stant eye upon the attacks that may be made upon the essential part of 
the British Constitution in any, and the agents of the whole ordered to 
assist upon such occasions, for any single province being once deprived 
of a material right, tis presently made a precedent for the rest. The 
late attacks on different parts of the Constitution in different places are 
very alarming and have the appearance of design ; in New York on one 
point, in our province on another, in Jamaica on a third, in Maryland 
on several, and the striding encroachments of the C.ouncil almost every 
where, except in your happy province in this respect, &c., &c, this by 
the by . I still wish what Mr. Lynch and I were so earnestly for at 
the Congress, that we had stopt at the Declarations and Petition to the 
King, as the House of Commons refused to the 

of the Colonies, when the matter was pending in Parliament, as we 
neither hold our rights from them or the Lords. His Majesty is, in the 
petition, desired to lay the matter before the Parliament. However, as 
the Congress thought otherwise, and union is most certainly all in all, 
the Memorial to the Lords and Petition to the Commons wro supported 
by us here equally with as much zeal as if we had voted for them at the 
Congress, and God send the desired success and establish harmony once 
more between us and our mother country. But had we consented to 
the addition that was so strenuously proposed to be made to the first 
Declaration of the Opinion of the Congress, I am sure we should have 
been far, very far from having the thanks of our House. The attach 
ment the eastern gentlemen seemed to have to it, I imputed to their 
Charters, but I must own I was unable to account how any other gen 
tlemen could be so particularly fond of it. I wish these Charters may 
not be the bane of us at last, as it seems to be the common fetch of the 
P t, and ministerial writers at present that the King could not grant 
us those exemptions that are claimed under them. 




[MSS. of Christopher Gadsden.] 

1. Christopher Gadsden, Merchant, then 42 years old. 

2. William Johnson, Blacksmith. 

3. Joseph Veree, Carpenter. 

4. John Fullerton, Carpenter. 

5. James Brown, Carpenter. 

6. Nath l. Libby, Ship Carpenter. 

7. George Flagg, Painter and Glazier. 

8. Thos. Coleman, Upholsterer. 

9. John Hall, Coachmaker. 

10. Win. Field, Carver. 

11. Robert Jones, Sadler. 

12. John Loughton, Coachmaker. 

13. W. Rodgers, Wheelwright. 

14. John Calvert, Clerk in some office. 

15. H. Y. Bookless, Wheelwright. 

16. J. Barlow, Sadler. 

17. Tunis Teabout, Blacksmith. 

18. Peter Munclean, Clerk. 

19. Win. Trusler, Butcher. 

20. Robert Howard, Carpenter. 

21. Alex. Alexander, Schoolmaster. 

22. Ed. Weyman, Clerk of St. Philip s Church, and glass grinder, 

23. Thos. Swarle, Painter. 

24. Wm. Laughton, Tailor. 

25. Daniel Cannon, Carpenter. 

26. Benjamin Hawes, Painter. 

On this occasion the above persons invited Mr. Gadsden to join them, 
and to meet at an oak tree just beyond Gadsden s Green, over the Creek 
at Hampstead, to a collation prepared at their joint expense for the 
occasion. Here they talked over the mischiefs which the Stamp Act 
would have induced, and congratulated each other on its repeal. On 


this occasion Mr. Gadsden delivered to them an address, stating their 
rights, and encouraging them to defend them against all foreign taxa 
tion. Upon which joining hands around the tree, they associated 
themselves as defenders and supporters of American Liberty, and from 
that time the oak was called Liberty Tree and public meetings were 
occasionally holden there. 


To the Deputies of North America in General Congress : 

GENTLEMEN, When the people of England, in the early part of the 
last century were oppressed by illegal taxes, violation of property, 
billeting soldiers and martial law, there was reason to apprehend some 
insurrection, from the discontents which prevailed. They believed 
their liberties were on the point of being ravished from them, and 
Charles the First, found himself under an absolute necessity to summon 
a Parliament, to meet early in the year 1628. On the first day of their 
meeting, to deliberate upon a subject of no less importance than to 
reinstate a good correspondence between the Crown and People and 
before the Commons had entered into any debates an anonymous let 
ter to them, touching the inconveniences and grievances of the State, 
was communicated to the Members, and it was called a speech without 

Upon subjects of grievance similar with, yet infinitely more serious 
than those of that period now, at a time threatening, not insurrection 
from discontent, but a civil war from despair and by the same mode 
of address as was used to that House of Commons, I thus have the honor, 
publicly, to make known my sentiments to the Deputies of North 
America deputies elected to meet in General Congress, to deliberate 
upon a subject, of at least as high import to the British crown and peo 
ple of America, as that Parliament had to discuss, relative to the Crown 

* Doctor Ramsay, in Ms second volume of his History of South Carolina, page 455, 
in the life which he has written of William Henry Drayton, says, "In the year 1774 
he wrote a pamphlet under the signature of Freeman, which was addressed to the 
American Congress. In this he stated the grievances of America, and drew up a Bill 
of American Rights. This was well received. It substantially chalked out the line of 
conduct adopted by Congress then in session." 


and people of England. I here religiously wish, that the claims of this 
Congress may be as favorably admitted as were the claims of that Parlia 
ment and that the similitude between the two periods may then finally 
end. For we know the subsequent years of Charles administration 
encreased the public discontents to that degree that at length the people 
in their might arose and took up arms against the sovereign ! 

Hitherto charactered by my countrymen as most zealous for the pre 
rogative in opposition to the liberty of the subject, I am conscious my 
principle of conduct has been misunderstood. As far as my small abili 
ties enabled me as an independent and honest middle branch of Legis 
lature ought to act, so, in private and in public stations have I endeav 
ored at one time to oppose the exuberances of popular liberty, and at 
another, the stretches of the government party, when I thought either 
advanced beyond the constitutional line of propriety. In short, I wish 
to form a political character, by the picture Junius gave of a virtuous 
Duke of Bedford : " Willing to support the just measures of government, 
but determined to observe the conduct of the Minister with suspicion, 
he would oppose the violence of faction with as much firmness, as the 
encroachments of prerogative/ And before Junius was known, I had 
established it as a first principle, not to proceed any farther with any 
party, than I thought they travelled in the Constitutional highway. 

Hitherto I have opposed the local popular policy of this colony. I 
thought the principles of action were unconstitutional I am of the 
same opinion I may be wrong, my judgment is my guide. But now ! 
the tragedy of five acts, composed in the last session of Parliament, in 
my opinion, violates all the rules of the political drama, and incapaci 
tates me from saying one word in favor of administration. Nay, the 
same spirit of indignation which animated me to condemn popular mea 
sures in the year 1769, because although avowedly in defence of liberty, 
they absolutely violated the freedom of society, by demanding men, 
under pain of being stigmatized, and of sustaining detriment in property, 
to accede to resolutions, which, however well meant, could not, from the 
apparent constraint they held out, but be grating, very grating to a free 
man, so, the same spirit of indignation, yet incapable of bending to 
measures violating liberty, actuates me in like manner, now to assert my 
freedom against the malignant nature of the late five Acts of Parlia 
ment. As then, a certainty of sustaining a heavy loss of property, and 
of acquiring a heavy load of public odium, did not intimidate me from 
persevering in a conduct I thought right ; so, now that the liberty and 
property of the American is at the pleasure of a despotic power, an idea 
of a risk of life itself in defence of my hereditary rights, cannot appal 


me, or make me shrink from my purpose, when perhaps those rights, 
can be maintained only by a temporary suspension of the rules of con 
stitutional proceedings. Tenacious and jealous of iny liberty, I do not 
change my ground, because I in turn face opposite quarters making the 
attack. Thus, from one and the same centre of action and principle of 
conduct, I opposed succeeding violations of my rights, then, by a tem 
porary democracy, now, by an established monarchy. If I did not act 
thus confidently, it might well be asked, why did I with so much spirit 
oppose my countrymen in the year 1769, and remained silent now, that 
injuries of a much more alarming nature, are threatened from another 
quarter ? I consider myself thus fully obliged to anticipate, any uncan- 
did and unworthy reflections, that might possibly be made of my being 
fickle and unsteady, or influenced by disgust,* as I have written against 
popular measures, and now write against those of Administration. Each 
of the five late acts of Parliament relating to America, increased my 
alarms in a progressive degree they all run counter to my ideas of the 
constitutional power of Parliament. Either they are utterly illegal, as 

* The full intention of Parliament respecting America became known here by the 
arrival of the Acts at the same time when accounts were received that Adminstration 
had nominated an Assistant Judge, regularly bred to the Bar, in the room of Mr. Jus 
tice Murray, deceased, and a change of conduct taking place in the author at this crisis, 
some imputed it to disgust rather than to principle. The author was aware of such a 
construction, but he was incapable of being intimidated from a system he thought 
right. The following extract will shew, that the late appointment from home was 
expected, and therefore could have no influence upon his present conduct. 

" On Tuesday last a Commission passed the Great Seal of this province, appointing 
the Honorable William Henry Drayton, Esquire, to the office of Assistant Judge, in the 
room of John Murray, Esquire, deceased. We hear that when his honor the Lieuten- 
ant-Governor, and his Majesty s Council were in deliberation to nominate a gentleman 
of proper rank and character to the office of Assistant Judge, it was allowed that no 
such person at the bar would, for such a consideration, be induced to quit his practice, 
and that as no other person of rank and character would choose to run the risk of being 
superseded by the appointment of a Barrister from England ; so it would be highly in 
delicate to offer the post to any such. The case seemed difficult, yet of necessity a 
Judge must be appointed. After some time spent in agitating this subject, Mr. Dray- 
ton offered his service in that station, until a Barrister should be appointed by the 
King j which public spirited behavior was very readily and unanimously approved by 
the Lieutenant-Governor and Council." General Gazette, No. 301. January 28, 1774. 

When Mr. D. was pro tempore appointed Post Master General, in the year 1771, and 
made application at home to be confirmed, Lords Sandwich and Hillsborough did him 
the honor to acquaint him, that they personally applied on his behalf to Lord Le 
Despencer, one of the Post Masters General, who acquainted them, the office had been 
for some time previously engaged. Mr. D. was not disgusted here, although he made 
application in the present case he has never made the least solicitation, and engaged 
in the station exactly in the manner related in the Gazette. 


the Acts of a whole session,* of the second Richard, and two Acts,f in 
particular, of Henry the eighth, were deemed to be, and therefore done 
away by subsequent Parliaments, or, I am utterly ignorant of the nature 
of the English constitution of Parliament. Let this alternative be as it 
may, every man has feelings, and must act by them. 

The question now, is not whether Great Britain has a right to Tax 
America against her consent, but whether she has a constitutional right 
to exercise despotism over America ! What can be more despotic in 
any government, than, in one colony^ to revoke charter rights to alter 
the law to annihilate an essential branch of the Legislature in favor of 
the people, and in its room to place an establishment existing but at the 
will of the Sovereign ! In another in effect to annihilate the ancient 
code of law, as well of the vanquished as of the conquerors, subjecting 
the existence of the common law, to the pleasure of the Crown; to 
declare the people, English people ! shall not have representation, and 
to empower the Governor and Council to make laws for them. What 
is this, but to enable the Crown, by an instruction, to give law to the 
people ! What is this, but the same power that Henry the Eighth, had 
by a proclamation, to give law to the people of England ! And what 
greater power has the Sovereign at Constantinople, over a province in 
the East, than the Sovereign at London now has over a province in the 
west ! At a stroke to annihilate the right of representation, and the 
common law from among English subjects, nay, English peopW to 
empower Bashaws, in their little Divans, to promulgate such laws to 
people of English blood, as, from time to time, under the form of 
instructions, shall be penned by the English Reis Effendi ! Such pow 
ers cannot legally exist in Britain. Than, that such powers should be 
exercised over us, it will be better, ! Americans ! that we should not 
be. The highest despotism is now exercised over Quebec, and remem 
ber ! it is true to a proverb, multis minmtur, uni qiii injuriam facit. 

But, affairs may yet be well, notwithstanding the gloomy face of our 
political atmosphere. Our ancestors of England, were often obliged to 
claim their rights, when they were in danger of losing them. Let us 
follow so successful an example. On such a subject, let the Americans 
address the throne with all due respect to majesty, and at the same 

* Anno XL 

f 23 Henry 3. To enable Kings by their letters Patent to repeal laws during their 
minority. 31 Henry. To give the King s proclamations the force of an Act of Parlia 

J Massachusetts Bay. 

$ Quebec. 


time with attention to their own dignity as freemen. The style of the 
Lord Keeper to Charles the First, on a similar occasion, is a case in 

" May it please your most excellent Majesty" your people of Ame 
rica by their Deputies assembled in General Congress, " taking into 
consideration that, the good intelligence between your Majesty and your 
people" of America, "doth much depend upon your Majesty s answer 
upon their" claim "of rights, with unanimous consent, do now become 
most humble suitors unto your Majesty, that you may be pleased to give 
a clear and satisfactory answer"* to 


That whereas, discontents, jealousies, and alarms have unhappily per 
vaded, overspread and distressed the British subjects, settled on the 
Continent of North America, to the great endangering the public peace, 

1. By Acts of the British Parliament, taxing those American free 
holders, although they have not any representation, of their own elec 
tion, in Parliament. 

2. By the constitution of Council established among them by the 
Royal Mandamus. Seeing they act as a second branch of the Legisla 
ture, entirely dependent upon the pleasure even of the Governor that 
placemen, dependent upon the Crown, being strangers, ignorant of the 
interests and laws of the colonies, are sent from England to fill seats in 
Council, where they often form a majority; as Legislators, determining 
the most weighty affairs of the colony, and as Chancellors, decreeing in 
suits relating to the most valuable property of the subject. 

3. By there not being any constitutional Courts of Ordinary and of 
Chancery in America, and by appeals being under the jurisdiction of 
the King and Privy Council, as the dernier resort. 

4. By the Judges holding their seats at the will of the Crown, a ten 
ure dangerous to the liberty and property of the subject, and therefore 
justly abolished in England. 

5. By Judges now-a-days granting to the Customs to lie dormant in 
their possession, writs of assistance in the nature of general warrants, 
by which, without any crime charged and without any suspicion, a petty 
officer has power to cause the doors and locks of any man to be broke 
open, to enter his most private cabinet, and thence to take and carry 
away, whatever he shall in his pleasure deem uncustomed goods. 

6. By the oppressive powers vested in the Courts of Admiralty. 

* 8 Parliamentary History, 202. 


7. By the British Parliament claiming and exercising a power to 
bind the Colonies in all cases whatsoever. To suspend the Legislature 
of New York; to divest the Americans of the value of their lawful 
property at pleasure, and even without any form of trial ; to annul and 
make void lawful contracts in trade ; to oblige Judges to take bail in 
cases of murder ; to enable persons charged with murder in Massachu 
setts Bay to fly the colony ; to annihilate an ancient* branch of the 
Legislature in favor of the people, and in its room to constitute one 
entirely dependent upon the pleasure of the Crown ; to deprive subjects 
of English blood of the right of representation in the colony of Quebec ; 
and to enable the Governor and Council there to make laws for them, 
thereby in effect leaving it in the power of the Crown, whether or not, 
or in what degree, such subjects shall enjoy the benefit of Magna Charta 
and the Common Law, under a Crown, which is itself limited and con- 
troled by Magua Charta and the Common law ! And for the purpose 
of repeating and continuing, all their grievances and heavy oppressions 
herein specified to establish the Romish religion in a very considerable 
part of the British Empire ; and to quarter soldiers in America, against 
the consent of the freeholders. All which are illegal, and directly con 
trary to the franchises of America. 

And therefore, the Americans represented by their Deputies afore 
said, taking into their most serious consideration, the best means to avert 
the calamities of Civil war to restore public tranquility and to pre 
serve without dispute, the supremacy of the Crown and British Domin 
ion over America : " Do in the first place, as their ancestors in like 
case have usually done, for the vindicating and asserting their ancient 
rights and liberties, declare :"f 

1. That the Americans being descended from the same ancestors with 
the people of England, and owing fealty to the same Crown, are there 
fore equally with them, entitled to the common law of England formed 
by their common ancestors j and to all and singular the benefits, rights, 
liberties and claims specified in Magna Charta,! in the petition of 
Kights, in the Bill of Bights, || and in the Act of Settlement.^ They 
being no more than principally declaratory of the grounds of the funda 
mental laws of England. * * Therefore, 

* About 200 years. 

t Bill of Eights, W. &M. 

J 9 Henry 3. 

3 Car. 1. 

|| William and Mary. 

f 12 and 13 William 3. 

**2Inst. Proem. 


2. That the British Parliment ought not to have, and cannot of right 
possess any power to Tax,* or in any shape to bind American free 
holders of the British Crown, seeing it is against the franchises of the 
land, because their consent is not signified in Parliament, by a repre 
sentation of their own election.* 

3. That the Constitution of the present Councils in America, by 
31andamus, be utterly abolished, as being injurious to the subject, and 
destructive of a free constitution of government. That of right, there 
ought to be an independent and permanent middle branch of Legisla 
ture, between the Crown and people, and, that as it ought of right to 
arise by the Royal creation, so, the members of it, ought of right, to be 
called out of American families ; that the majority of the Council of 
State to the Governor, ought of right to consist of men connected with 
the colony, by birth or fortune, and that the Governor, or Council of 
State, cannot of right possess any judicial power whatsoever. 

4. That of right there ought to be in each colony, constitutional 
Courts of Ordinary and of Chancery; that for the case of the subject, at 
such a vast distance as he is from England, appeals from the American 
Courts of Chancery, ought to be made to the Upper House of Assembly 
of each colony respectively, and from thence to the House of Lords in 
Great Britain the only constitutional dernier resort for justice in the 

5. That equally as the people of England are interested in the inde 
pendence of their Judges, so are we interested in the independence of 
our Judges ; and upon principles of common and impartial justice, claim 
that their commissions should run, quam diu sc ~bene gesserint. 

6. That no writs of assistance ought to be issued to the Customs, but 
in the nature of writs or warrants to search for goods stolen general 
writs or warrants being illegal. 

7. That the powers of the American Courts of Admiralty, unnecessa 
rily and oppressively trenching upon the property and liberty of the 
subject, therefore they ought to be modelled more agreeable to the gen 
uine principle of the common law. 

8. That the King s prerogative ought not, and cannot of right, be 
more extensive in America, than it is by law limited in England. 

9. That the Americans, are of natural right entitled to all and singu 
lar, those inherent, though latent, powers of society, necessary for the 
safety, preservation, and defence of their just claims, rights and liberties 

* 7 Parliamentary History 371. Year Books, 20 H. 6 : 3. 2 R. 3 : 12. 25 Car. 2 : c. 9. 


herein specified, which no contract, no constitution, no time, no climate 
can destroy or diminish.* 

" And they do claim, demand, and insist upon all and singular the 
premises, as their undoubted rights and liberties; and that no declara 
tions, judgments, doings, or proceedings, to the prejudice of the people 
in any of the said premises, ought in any wise to be drawn hereafter 
into consequence or- example. "f 

To which demand of their rights, they are particularly encouraged 
by a reliance on the virtues of their sovereign Lord George ; convinced 
that this their demand, is the most peaceable means they have to obtain 
a full redress and remedy therein, on which the good intelligence, 
between his most sacred majesty and his oppressed people of America, 
doth much depend. 

Having, therefore, an entire confidence that the Crown of Great 
Britain will preserve them from the violation of their rights, which 
they have here asserted and from all other attempts upon their rights 
and liberties the said people of America by their deputies aforesaid, 
do resolve :J 

1. That they do of right owe, and will loyally maintain to the Crown 
of Great Britain, like faith and allegiance as the people of England, 
from whose ancestors they are descended. 

2. That the Americans will grant general aid to the British Crown, 
upon the same principles of requisition and grant, that aids are consti 
tutionally required of and granted in the Parliament of Great Britain. 

3. That all general aide from America to the Crown, and laws bind 
ing the whole continent of North America, shall from time to time, 
according to Parliamentary proceedings, be granted, enacted, and 
received in a High Court of Assembly of North America, convened by 
the King s writs to the two Houses of Assembly of each colony respec 
tively, to choose an equal number of persons in each House, as their 
and each of their Representatives in the high Court of Assembly. 

4. That the Act of the high court of Assembly, having specified to 
the colonies their respective proportions and quotas of an American 
general aid, the said quotas shall be raised in the respective colonies, 
by their respective Legislatures, and paid within a limited time to be 
expressed, and under certain penalties to be specified in the Act of 
general aid. 

lBlackstone, 245. 

f Bill of Bights, r. W. & M. 



5. That the high court of assembly, shall not however, be deemed or 
construed to possess any right or power, but of a general nature as, 
that all penalties and Acts of Legislation to be enacted in it, shall in the 
same degree, bind all and each of the colonies. Each colony regulating 
her internal policy as heretofore, by her own internal legislature. 

Such seem to be the grievances and claims of America, and the form 
of Legislature laid down in the Resolves, seems to be drawn up upon 
constitutional principles of English legislation. Some such system of 
government seems absolutely necessary. And, without a system of a 
general nature, the colonies acting independently of each other, they 
will scarce agree upon their proportionable quotas of a general aid to the 
Crown. Each will plead her own inability, and magnify the wealth of 
her neighbor. But this policy could not be adopted with the least 
success in a high court of assembly, where each member would be well 
acquainted with the real state and ability of each colony. Indeed, this 
would be an absolutely necessary study, lest by the ignorance or laches 
of any member, his colony, and consequently his estate, should bear a 
greater proportion of the aid, than otherwise would be rated. And if 
the whole continent should be thought too extensive under one Legisla 
ture, that impropriety could be easily remedied, by dividing the whole 
into two Districts as nearly equal as may be a division naturally pointed 
out by every principle of true policy. 

Without doubt it may be said, nothing is easier than to draw up a 
catalogue of assertions, and to term one part grievances, and the other 
part rights. I admit the propriety of such an observation, and there 
fore I will attempt to shew that the present state of American griev 
ances are too well founded in fact, and her claims too just to be speci 
ously contradicted. 

The subject of the American taxation has been treated of in so great 
a variety of manner, within these late years, that scarce anything new 
is now left to be said on a point of so great importance. However, 
passing over the general arguments which have been so lately formed, I 
will step back one hundred years, and with a late great Commoner, I 
will consider the subject, illuminated by the ideas of the illustrious 
dead. Ideas so far of importance that they are of the highest authority, 
being no less than those of a high court of Parliament. 

The Preamble to the Act* allowing to the county of Durham an 
actual representation in Parliament, gives the ideas of the Legislature, 
on the subjects of taxation and actual representation, in the clearest 

* 25 Car. 2. 


terms. " Whereas the inhabitants of the County Palatine of Durham, 
have not hitherto had the liberty and privilege of electing and sending 
any Knights and Burgesses to the High Court of Parliament, although 
the inhabitants of the said County Palatine are liable to all payments, 
rates, and subsidies granted by Parliament, equally with the inhabitants 
of other counties, cities and boroughs in this Kingdom, and are there 
fore concerned equally with others, the inhabitants of this Kingdom, to 
have Knights and Burgesses in the said High Court of Parliament of 
their own election," &c. Hence, it is clear, there cannot be a constitu 
tional taxation, without an actual representation j or, why an actual re 
presentation now allowed to the county of Durham ? This happened 
in the year 1672, and to all intents and purposes, must be considered 
as an adjudged case on the point. Wherefore, then, has the case been 
over-ruled in our day, and America taxed without representation in 
Parliament ? I am answered, America is virtually represented. But 
was not Durham as virtually represented ? Is there any other dif 
ference than that the fiction of virtual representation is much easier 
comprehended with respect to Durham than America? However, that 
species of representation was not thought to be a constitutional warrant 
to tax a small county, not equal to one-half part of one of the smallest 
of our colonies ; but now, after a century, it is thought to be a species 
of representation suitable to the meridian of America ! 

The original establishment of councils in the royal governments on 
this continent consisted principally, and in a manner, to all intents and 
purposes, of men of property established in the colony. Such a council 
could not but be well acquainted with the interests of the country, and 
be no less ready and zealous to promote them, at the hazard of their seats. 
Such men stood in no awe of a minister, yet they rendered the most 
essential services to the crown, as well as to the people. But now/the 
system of appointment is reversed \ we see in council more strangers 
from England than men of rank in the colony counsellors, because 
they are sent over to fill offices of 200 or 300 per annum, as their 
only subsistance in life. Thus, strangers, not to be supposed very so 
licitous about the prosperity of the colony, in which they have no in 
terest but their commissions, are, as legislators, to determine upon the 
res ardua of the State ; and, ignorant of our law, and too often unex 
pectedly so of the English law, they are, as Chancellors, to decree in 
cases of the most important value to the colonist. Unfortunate colo 
nist ! by the minister abroad, thus are you delivered over, a sacrifice at 
home, to the ignorance and necessities of a stranger, by the hand of 
power imposed upon you as a judge. 


The unconstitutional formation of the Courts of Ordinary and of 
Chancery in America, and the jurisdiction of the King and Privy 
Council over appeals from this continent, I shall wave, with intention 
to take up those subjects in a subsequent part of this letter; and, as 
the dependence of the judges upon the crown for their daily sub 
sistence seems to have been the cause of general writs of assistance 
having been issued, I shall class those subjects together, and likewise 
the opposite conduct of two sets of judges, learned in the laws the 
one, men of property the other, men without the visible shadow of 
independence hence the only apparent motive for a contrariety of con 
duct on the same question. A few years ago, the bench of justice in 
this colony was filled with men of property ; and, if all of them were 
not learned in the law, there were some among them who taught their 
brethren to administer justice with public approbation ; and one * of 
them in particular, had so well digested his reading, although he had 
never eat commons at the Temple, that he was, without dispute, at least 
equal to the law learning of the present bench. To this independent 
and well-informed Bench of Judges, the Attorney General, ex-officio, 
on the part of the customs, from time to time, during several years, 
made application to obtain writs of assistance of a more pernicious 
nature than general warrants. The demand, even under the direction 
of an act of Parliament, was constantly refused. The judges knew it 
trenched too severely and unnecessarily upon the safety of the subject, 
secured by Magna Charta, who the great Sir Edward Coke declared, 
" is such a fellow that he will have no sovereign. " f Hence, the judges 
knew the statute could not legally operate, and, therefore, that it was 
absolutely void in law. At length one of them, privately, and with 
such sound reasoning, delivered his sentiments on the subject to the 
Attorney General, that he replied, he was not desirous to enter into 
the merits of the application, and, therefore, should forbear making 
any others upon the subject; and thus were the houses, the castles of 
English subjects, preserved inviolate, when the bench was filled by 
men of independence, as well as of knowledge. But, no sooner was 
the bench filled by men who depended upon the smiles of the crown 
for their daily bread, than the Attorney General, ex-officio, returned to 
the attack, and carried the point even by a coup d essai. There was 
no investigation of the merits the general writ, or rather the general 
warrant for breaking open doors, at the pleasure of a petty officer, was 

* Rawlins Lowndes, Esq. 
f 3 Parl. Hist., 119. 


granted, as a matter of course, and without any hesitation. The con 
trast and the causes are striking, and need no comments. Equally un 
necessary is it for me to say anything to shew the oppression to which 
the subject is exposed in being dragged into the Admiralty Courts in 

And such are the grievances under which the Americans have long 
labored. We expected nothing in addition but to be drained of our 
gold and silver by taxes, against our consent, and to be over-run by 
troops of hungry placemen. But, how short-sighted is man. The old 
grievances of America were no more than harbingers of a more for 
midable band of oppressive measures. A very few months ago we 
should have thought a man mad, who, under the spirit of prophecy, 
should have presented America with a view of only a part of the 
seventh paragraph of grievances. But, not allowing myself now to be 
detained in my advance by any reflections upon the Americans being 
divested of the value of their property 5 the annulling lawful contracts 
in trade ; the obliging judges to take bail in cases of murder ; the en 
abling persons charged with murder in Massachusetts Bay to fly the 
colony; I hold on my way, to fly at objects of more importance of 
greater grievance the increase for royal power by annihilation of popu 
lar rights in Massachusetts Bay a despotism over English people, by 
act of Parliament, established in Quebec. 

To consider these objects with propriety, it is necessary to take the 
subject up ab origine ; and, in that point of view to examine the King s 
legal power in Massachusetts Bay and in Quebec, when the crown 
first acquired civil dominion in those countries. It may be said, that 
as Quebec is a country obtained by arms, and the colony of Massachu 
setts Bay was founded without violence, therefore, there is a wide dis 
tinction between them, and the King may legally form laws to bind 
the conquered and his natural subjects settled among them, although 
he cannot exercise such a power over the colony founded without vio 
lence. But, in truth, the English law considers the colony of Massa 
chusetts Bay and the province of Quebec by one and the same prin 
ciple, and the late conduct of Parliament has confirmed this doctrine, 
by giving to the King an absolute power in the one, and as great an 
increase in the other, as he now chose to exercise ; and, if in States 
exactly similar in the eye of the law the crown can legally acquire and 
exercise over the one a despotic power totally different from, and for 
ever heterogeneous to the genius of the natural and true powers of the 
English crown, what fiction of argument shall prevent the same power 
being exercised over the other, and, in short, over all the colonies in 


America ; since the law considers them all but in one and the same 

It is laid down that, " in conquered or ceded countries that have al 
ready laws of their own, the King may indeed alter and change those 
laws ; but until he does actually change them, the ancient laws of the 
country remain, unless such as are against the law of God, as in the 
case of an Infidel country *." And that " our American plantations 
are principally of this sort, being obtained either by right of conquest, 
driving out the natives, or by treaties." f What reading can be even 
desired more in point to shew that Quebec, Massachusetts Bay, Virginia 
and Carolina are exactly in one and the same situation ? Which of 
the British colonies in America is it that the crown has not " obtained, 
either by right of conquest, driving out the natives, or by treaties" with 
them, or by conquest of, or by treaties with the French and Spaniards, 
who had first acquired the territory, in like manner, from the natives ? 
Admitting that the crown may alter the ancient laws of the conquered, 
yet I cannot be of opinion that in those conquered or ceded States the 
crown can legally acquire a power over subjects of English blood, de 
structive of those rights which are peculiar to the blood rights evi 
denced by Magna Charta, and defended by the fundamental laws of 
England. Rights, evidence, and laws which the prerogative of the 
crown cannot overthrow, nor the Parliament change to the prejudice of 
the people interested in their preservation. The Parliament have no 
such power delegated to them. They cannot legally form any laws 
heterogeneous to the purposes of their own creation and existence. As 
the sap peculiar to a tree must necessarily and invariably produce 
similar effect in a plant of the same species, as far as the infancy of the 
latter will admit, being at the same time incapable of producing in it 
any appearance heterogeneous to the parent tree ; so the American plant, 
being animated with the same species of sap with the English tree, the 
plant, however connected with the parent tree, cannot naturally pro 
duce any heterogeneous appearance. Thus, even allowing the constitu 
tional power of Parliament to pervade the English States in America, 
it can naturally produce those effects only of which the colonies are ca 
pable, and cannot legally produce in their legislatures any appearance 
heterogeneous to its own nature and capability of action. Thus,- it has 
not any legal or natural power to make the British crown absolute in 
Quebec, because it cannot make the crown absolute in Great Britain ; 

* 7 Rep., 17 Calvin s case. Show. Parl. C. 31. 
f 1 Blackstone, 107. 


neither can Parliament vest in the crown more power in the legislature 
of Massachusetts Bay than it is capable of exercising in the Emperial 
Legislature. The genius of the English crown cannot naturally admit 
of, nay, it would be absolutely destroyed by a heterogeneous ability 
from Parliament, to exercise in England either of the species of power 
that it now exercises at Quebec or Massachusetts Bay. The people 
never delegated to Parliament any ability to aggrandize the crown with 
any such powers, which are heterogeneous to the ability of the one to 
vest, or to the nature of the other to admit. The prerogative of Parlia 
ment, although more exalted, yet is but of the same genus with that of 
the crown, which "hath a prerogative in all things that are not inju 
rious to the subject ; for, in them all, it must be remembered that the 
King s prerogative stretcheth not to the doing of any wrong. " * When 
did the people of England delegate to Parliament a power to injure the 
people of America, and do them wrong by, in effect, giving the crown 
two voices in the Legislature of Massachusetts Bay by incapacitating 
subjects of English blood in Quebec from enjoying the benefits of re 
presentation there and by enabling the crown, through the channel of 
the Governor and Council, to prescribe law to those subjects, illustrious 
heirs of Magna Charta and the common law. Would not the people of 
England think themselves injured and wronged if the Parliament 
should vest similar powers in the crown to be exercised over them ? 
Are the Americans less sensible of injuries and wrongs ? Are they 
less able to discern them ? I hope they will prove a genuine English 
descent by a display of that great, generous and free spirit which has 
hitherto charactered their illustrious ancestors. In short, I cannot see 
that the Parliament, at any rate, can legally exercise over the colonies 
any powers which it cannot exercise over Great Britain. The Parlia 
ment cannot there annihilate or constitute a sovereign to Magna Charta. 
The great Coke has said, " Magna Charta is such a fellow that he will 
have no sovereign. " How, then, has the Parliament acquired a power, 
and how has it dared to constitute the King so despotic in any part of 
the British Empire, as there to aggrandize him a sovereign to this same 
Magna Charta. The Roman Legislature having vested in Caesar, un 
constitutional authority in the provinces, he was at length enabled only 
by the means of this authority, to overthrow even the lloman liberties 
and constitution, and upon their ruins to establish a despotism through 
out the whole Empire ! 

I cannot but now return to consider an object I held as of an inferior 

* Finch L. 34, 35. 


nature when despotism was in view. It is the privilege granted to per 
sons charged with murder in the colony of Massachusetts Bay, to apply 
for the Governor s mittimus to take their trials in any other colony, or 
in Great Britain ! It is nothing less than enabling the accused to stand 
trial in a country, where by a thousand accidents or stratagems, the 
enormity of the crime may not be known. Upon which proceedings, 
an elegant writer furnishes me with a most just idea. "No oppression 
is so heavy as that which is inflicted by the perversion and exorbitance 
of legal authority, as when plunder bears the name of impost," * and 
murder being perpetrated by authority of law, the villain escapes con 
viction, flying the country by the secure conveyance of a mittimus from 
the magistrate. This policy is new in the English jurisprudence, for 
it is not to be assimilated to the act for trial of the rebels of 1745 in 
London. They were carried to London for their surer conviction; be 
sides, they were taken in arms, in open rebellion. And, I dare venture 
to say, whoever drew the act in question, took the policy from antiquity, 
at the time of the first Roman Emperors ; for Tacitus somewhere says, 
that when the legions, being encamped, were oppressed by their cen 
turions, and in a clamorous manner demanded justice of the generals, 
to save the accused from the vengeance of the injured, they at once 
ordered them to prison, under pretence of future punishment, but in 
truth only to screen them from the popular fury, and to enable them to 
escape the doom due to their crimes. 

When the first Charles billeted soldiers upon his subjects, the com 
mons of England presented f to the King, a petition for redress of that 
grievance. In it they asserted, " that, whereas, by the fundamental 
laws of this realm, every freeman hath, and of right ought to have, a 
full and absolute property in his goods and estate ; and that, therefore, 
the billeting and placing soldiers in the house of any such freeman 
against his will, is directly contrary to the said laws." J An assertion 
which the Americans may use with equal propriety, against the quarter 
ing soldiers among them by authority of Parliament. 

The arguments relative to Durham, have fully proved, that to be 
constitutionally bound by Parliament, the people to be so bound, must 
constitutionally give their consent in Parliament ; by representation of 
their own election, as other counties have. And, as this kind of consent 
is necessary to taxation, so, when the property of a freeman is to be 

* Rambler, No. 145. 

fAnno 1628. 

| 7 Parliamentary History, 447. 


legally submitted to the quartering and billeting soldiers, the above 
assertion of our honest forefathers teaches us to say, the consent of the 
freeman is indispensibly necessary. A consent that we know can be 
constitutionally given only in Parliament, by representation of his own 
election. A representation which the Americans have at no time ever 
had in the High Court of Parliament, and therefore they are not con 
stitutionally bound to pay taxes, or to provide quarters for soldiers, by 
authority of Parliament. 

But soldiers are nevertheless to be quartered in the houses of Ameri 
can freemen, even against their consent. Similar causes generally 
produce similar effects ; and what a train of mischiefs have had birth 
from such a measure in England ! The above petition to Charles pre 
sented to his view a most fearful arrangement. 

" 1. The service of Almighty God is hereby greatly hindered, the 
people in many places not daring to repair to the church, lest in the 
mean time the soldiers should rifle their houses. 

2. The ancient and good government of the country is hereby 
neglected, and almost contemned. 

3. Your officers of justice in performance of their duties have been 
resisted and endangered. 

4. The rents and revenues of your gentry, greatly and generally 
diminished ; farmers to secure themselves from the soldiers insolence, 
being by the clamor and solicitation of their fearful and injured wives 
and children, enforced to give up their wonted dwellings, and to retire 
themselves into places of more secure habitation. 

5. Husbandmen, that are as it were the hands of the country, cor 
rupted by ill-example of the soldiers, and encouraged to idle life, give 
over work, and rather seek to live idly, at another man s charge, than 
by their own labor. 

6. Tradesmen and artificers almost discouraged, by being forced to 
leave their trades, and to employ their time in preserving themselves and 
their families from violence and cruelty. 

7. Markets unfrequented, and our ways grown so dangerous that the 
people dare not pass to and fro upon their usual occasions. 

8. Frequent robberies, assaults, batteries, burglaries, rapes, rapines, 
murders, barbarous cruelties, and other most abominable vices and out 
rages are generally complained of, from all parts where these companies 
have been and have their abode few of which insolences have been so 
much. as questioned, and fewer, according to their demerit, punished." 

Without doubt, it will be said, the excellent discipline at present 
established among the British soldiery will effectually secure the Amer- 


leans from such horrid mischiefs. But I cannot be persuaded from an 
opinion, that when soldiers have a good opportunity, they will rifle in the 
absence of their landlords; that drunk, they sometimes will be, and 
then, nay even when sober, they may be induced to obstruct the officers 
of justice, as in the case of General Gansel ; that wives and children 
cannot but be under terrors and fears of a soldiery, quartered among 
them, to awe society into slavery ; that the lower rank of people is apt 
to be corrupted by the residence of a soldiery, and thereby easily en 
couraged to leave their trades, and to " live idly at another man s 
charge ;" that ways will be dangerous, and robberies, batteries, bur 
glaries, rapes, and seductions will be unavoidable, even under the disci 
pline established among British troops, quartered as curbs upon the 
Americans. For to make the Americans feel the curb, they will be de 
cently turbulent, even by private allowance 

Thus, it is as clear as the sun at noon, that the taxation of America ; 
the constitution of councils by mandamus, and the manner of filling 
them ; the want of constitutional Courts of Ordinary, and of Chancery, 
and Appeals being under the jurisdiction of the King in council ; the 
dependence of judges upon the crown ; the granting writs of assistance 
to the customs ; the oppressive powers vested in the courts of admi 
ralty ; the British Parliament exercising a power to bind the colonies, in 
all cases whatsoever, from the violation of private property even up to the 
establishment of a despotism in America ; and in the billeting soldiers 
in America, are all unconstitutional illegal, and oppressive grievances 
crying aloud for redress, and heightened by a keenly aifecting sensa 
tion, arising from the appearance of the British arms by land and sea, 
now threateningly advanced, to continue and to enforce such oppressions 
and to compel America to bow the neck to slavery ! 

Having thus seriously viewed and ascertained a state of grievances 
pregnant with horrible uproar and wild confusion, we will now no less 
minutely view the foundations from which the Americans build their 
claim of rights and liberties. 

In the same degree with the people of England, are the Americans of 
the lawful posterity of those freemen, who enjoyed the benefits of the 
common law of England, and who ascertained their ancient and unalien- 
able rights and liberties, by Magna Charta, and by the petition of right 
liberties recognized anew by the bill of rights, and by the Act of Settle 
ment. And therefore are the Americans, equally with the people of 
England, entitled to those liberties which are emphatically termed the 
unalienable liberties of an Englishman. And from such a title does 
America derive her freedom a title of infinitely more importance, 
than the colonial charters from the Crown. 


Therefore, like the people of Durham, the Americans being freeholders 
of the British Crown, these cannot constitutionally be taxed by Parlia 
ment, without their consent signified by a representation there of their 
own election, as the people of Durham being other freeholders of the 
British Crown have there. And this precedent of Durham, at once flies 
at the novel doctrine, distinguishing between taxation and legislation. 
We have already found, that to be constitutionally taxed, the people of 
Durham had such a representation in Parliament, of their own election 
as other counties have there- that is a representation endowed with 
such powers, being of such a nature, and for such ends as other counties 
have in Parliament. In short, the acquiring a representation for the 
purpose of taxation, ipso facto, works a representation at once complete 
fcr every legislative purpose ; otherwise the representation allowed the 
county of Durham would not be such a one as other counties have in 
Parliament. Hence, we cannot see that there is any distinction, in the 
nature of a representation for the purpose of taxation or of legislation. 
And I must confess, that it seems astonishing, at least to my very lim 
ited understanding, that any man should say, it is absolutely necessary 
to obtain the American s consent, implied by actual representation in 
Parliament, or, it is not lawful to take one shilling out of his pocket by 
taxation and yet, without his consent, it is lawful to divest him of the 
value of his whole property, and eventually take his life by legislation ! 
For my part, I cannot unravel the apparent absurdity of the position ; 
I must leave that work to more comprehensive understandings, and I 
will continue to think, that there is much less ceremony necessary to 
take a shilling belonging to me, than my whole estate or my life. If a 
men has a legal right to take the two latter against my consent, I cannot 
see any reason why he cannot as legally take the first without even ask 
ing my pleasure. But the favorers of this apparent absurdity seem to 
have forgot a first principle in government, which effectually destroys 
their position. They say, that although consent by representation is 
absolutely necessary to the taxation of America, yet, British legislation 
may legally operate over America, without, and even against her con 
sent. But the great Locke and Hooker,* are of a contrary opinion, and 
in the most explicit terms. As a first principle of lawful legislation, 
they lay down, that the consent of the society over which the legislation 
is to be exercised, is absolutely, indispensibly necessary ; either to be 
expressed by themselves, or, by authority from them j otherwise the 
legislation " is no better than a mere tyranny. America has at no 

* Locke on Civil Government, 205 Eocl. Pol. 1. 1 sect. 10. 


time ever given any such consent j and therefore, any taxation or legis 
lation by the British Parliament over America against her consent, "is 
no better than a mere tyranny." 

The claim of a second or middle branch of legislature in the colonies, 
to be permanent and not subject to removal by the Crown, and to be 
called out of American families, is certainly unexceptionable. We do 
not yet desire dignities, lordships, and dukedoms but we have an equi 
table right to the benefit of the English constitution, formed by the 
courage and wisdom of our ancestors, for the equal benefit of all their 
posterity. A second branch of legislature, permanent and not subject 
to removal by the Crown or people, is an essential part of that constitu 
tion, and, therefore, we equitably claim such an independent branch of 
legislature. We, likewise, with the utmost propriety, claim that this 
branch shall be formed out of American families ; as men so interested 
will be more zealous for the interests of America, than strangers desti 
tute of property and natural alliance in the colonies. Thus, from the 
same principle it is likewise obvious, that the majority of the Council of 
State to the Governor, ought of right and of equity, to consist of men 
connected with the colonies by fortune. In what light would the peo 
ple of England hold the King s Privy Council, if a majority of it con 
sisted of upstarts in the society, destitute of the shadow of an estate, 
depending upon the pleasure of the Crown for their daily bread ? And 
from the same causes that the people of England found it necessary, for 
the preservation of justice,* to annihilate by an express Statute,")" all 
judicial power whatever in the King and Privy council ; so, for the 
same reason it is necessary that judicial powers in the Governors and 
Councils ought likewise to be annihilated, for the good of the people of 
America, since no man will contend that powers which by undue influ 
ence were dangerous in the hands of the King and his council, will be 
of public advantage, and not in the least exposed to undue influence, in 
the virtuous hands of needy Governors, and their hungry dependent 
councils. Nothing, therefore, is more to be avoided in a free constitu 
tion, than uniting the provinces of a Judge and Minister of State :J a 
fortiori a Governor, who is the executive power " which union might 
soon be an overbalance for the legislative. " 

Hence it is evident, that a Governor s exercising the functions of a 
Judge, threatens the very existence of the freedom of a State ; and I 

* 1 Blackstone, 269. 
f 16 Car. 1 c. 10. 
1 1 Blackstone, 269. 
% Ibid. 


shall proceed to demonstrate, that such a dangerous junction of power, 
is directly contrary to the common law. 

The Governor is the Executive power in the colony. But, although 
representing the sovereignty of the King, and wielding his Executive 
authority, he cannot possess or exercise any of the royal powers, prerog 
atives, and attributes, than such as are delegated to him in the royal 
commission. It is laid down, that the King cannot personally distribute 
justice, having delegated his whole judicial power to the judges of his 
several Courts,* which are the grand depository of the fundamental laws 
of the Kingdom. f Hence it is clear, the King cannot delegate to his 
Governor, the representative of his sovereignty, any of the powers of the 
Ordinary or the Chancellor to be exercised by him, seeing he himself 
cannot in his own royal person exercise any judicial power whatsoever. 
No, he has not even the power of a common Magistrate to arrest any 
man for treason and felony.J Thus, the Governor, like the King, quoad 
hoc, cannot be any more than the reservoir from whence right and equity 
are conducted, "by the Judges of his several Courts," to every indi 

Thus disconsonant to the safety of a free Government, and to the 
principles of law, appears the formation of the American Courts of 
Ordinary and Chancery. And, therefore, there cannot be any thing 
unreasonable in our desiring Courts formed upon a basis by experience 
found to be most adequate to the sure distribution of justice to the sub 
ject. Neither is there any impropriety in desiring, that appeals may, in 
the first instance, go to a constitutional middle branch of legislature in 
the colonies. For the expense of making appeals to England is so enor 
mous, and the manner of conducting them to the best advantage by the 
presence of the parties, so impracticable to most of the colonists, that 
being thus unable to make and plead to appeals in England, they have 
been, are and may be often obliged to submit to judgments and decrees 
in the colonies, deemed by the learned, illegally made by men, whom 
the royal appointment constitutes Judges, and which is but too often, 
the only honorable mark of their abilities in law. Here, I might by a 
number of instances, prove the propriety of this observation in an unde 
niable manner but, I connot condescend to hang up particular charac 
ters to the contempt of America my letter is of too important a 
nature I owe a propriety of conduct to my own character. I therefore 

* 2 Inst. 136. 

f 2 Hawk. P. C. 2. 

j 2 Inst. 136. 

g 1 Blackstone, 266. 


resume the subject of appeals to the middle branch of legislature in the 
colonies. But, can the Americans reasonably require this mode of 
appeal, when the Irish are obliged to pass by their House of Lords, and 
to carry their appeals to the House of Peers in England ? Yes, their 
local situation entitles them to so equitable a distinction. The Irish are, 
comparatively, at the door of the Supreme Tribunal in England ; but 
the Americans are at a distance of 3,000 miles from that dernier resort. 
And, to attend appeals to the best advantage, the latter must unavoid 
ably be exposed to a long absence, at a vast distance from their domestic 
affairs, to great charges of voyage, and to great risk at sea; whereas, 
the Irish in a few hours sailing, and the absence, of a few days, can 
superintend their appeals in London, as well as their domestic affairs in 
Dublin. And is no mode of proceeding allowable, to give some ade 
quate relief in a grievance arising from local situation ? Whence came 
the institution of Circuits, but from such an equity ! And surely Amer 
ica ! three millions of people ! are no less equitably entitled to a proper 
relief in a similar grievance. We do not claim a dernier resort among 
us, as the Irish House of Lords arrogated to themselves ; therefore the 
principle of law* which made it necessary to deprive them of the power 
of hearing appeals, cannot be applied to America. No ! America means 
loyally to preserve sacred, the superiority of the Imperial State, if the 
parental justice of the Imperial authority and power, will permit her to 
act thus, according to the filial dictates of her constitutional faith and 

Having thus supported the equity of appeals to Tribunals in the 
Colonies, it is our next step, to support the propriety of appeals from 
thence to the House of Lords in England. 

There is a position in law, that whenever a question concerning 
property arises in America; as the dernier resort, the King in his 
Council exercises original jurisdiction therein, upon principles of feodal 
sovereignty, f And upon this doctrine it is, that our appeals have not 
yet reached the House of Lords. To oppose this position, I shall make 
use of two others; the one ancient, the other very modern. It is laid 
down as common law, by Sir Edward Coke, that the King cannot per 
sonally distribute justice, having delegated his whole judicial power to 
the judges of his several Courts. Hence it must follow that the King 

* That a dernier resort cannot be lodged in a dependent state, because the law ap 
pointed or permitted to such inferior dominion might be insensibly changed within 
itself, without the assent of the superior, to the disadvantage or diminution of the 
superiority. VAUGH. 402. 

f 1 Blackstone, 231. 


in his person, cannot exercise an original judicial power upon the prin 
ciples of feodal sovereignty, over the property of a country having the 
benefit of the common law. The question therefore is, whether or not 
America is such a country ? 

The nature of the operation of the Common Law in establishments of 
natural English subjects in America, as it is a point that has been more 
minutely enquired into within these eight or ten years, than ever it was 
at any time before, so without doubt, that point of law is better under 
stood at this day, than at any time preceding. Hence, notwithstanding 
it has been laid down, that the Common Law has no natural operation 
in the American colonies obtained by conquest or treaties,* yet the 
more modern and better position now established as a settled point is, 
that English subjects emigrating from England to colonize America, 
carry with them, inherently in their persons, a title, which is unalien- 
able, and which no time or climate can invalidate, to enjoy the benefits 
of the common law in America; where, upon their arrival, it is eo 
instanti of force. And such were the lares our forefathers religiously 
embarked with themselves, to protect them and their posterity in the 
wilds of America ! Thus undoubtedly possessed of the birthrights of 
Englishmen rights evidenced by Magna Charta ! shall we suffer them 
to be frittered away, or in any degree to be invalidated by a fiction, and 
artificial refinement of original judicial power, upon principles of feodal 
sovereignty ? Shall an original sovereignty, long annihilated in the 
English Crown by common law, now be permitted to revive by a fiction, 
to destroy original rights, expressly and often ascertained by the fore 
fathers of the Americans, and admitted as often by the Kings of Eng 
land ? To expect this, is to think that the Americans have no reason 
ing faculties. Bnt supposing the position to be true, that the common 
law not naturally operating in America, the Crown therefore possessed 
in appeals, an original jurisdiction, upon the principles of feodal sove 
reignty. Yet of what importance can this be in support of the jurisdic 
tion, since it must cease when the common law operates, which it has 
long since done in America ; and besides the Crown, in the most express 
terms, has relinquished such a jurisdiction, if it could have had any 
such, by the charters granted to the American colonies ? In these 
charters, the Crown has covenanted with the emigrants to America, that 
they and their descendants there to be born, shall be in all things held, 
treated, and reputed as the liege faithful people of us, our heirs and 

*1 Blackstone, 107. 

| Carolina Charter, 17 Car. 2. 


successors born within this our kingdom, to have and enjoy all liberties, 
franchises and privileges of this our Kingdom of England, as our liege 
people born within the same.* Can words be more explicit ? Has not 
the Crown by this covenant relinquished the idea of feodal sovereignty ? 
Otherwise, how are the Americans to be deemed to have and enjoy all 
the liberties and franchises of England, as in like manner with the liege 
people born there ? And as we know the Crown has no feodal sove 
reignty over them, and cannot exercise any original jurisdiction over 
their appeals, so neither can it legally arrogate a right to exercise an 
original jurisdiction over appeals from America, whose inhabitants the 
Crown has, by Charters, declared shall be held, and reputed to have and 
enjoy all the liberties and franchises of England, in like manner as the 
people of England themselves. At this period, the King s right to an 
appellate jurisdiction over disputes about American property, seems 
absolutely annihilated, to all intents and purposes to which arguments 
can operate. However, I shall continue the subject, in order to settle 
it by a point of law. 

It is laid down that the powers which are vested in the Crown by the 
laws of England, are necessary for the support of society, and do not 
intrench any farther on our natural liberties, than is expedient for the 
maintenance of our civil. f Nothing can be more equitable than such a 
principle of law. America joins issue upon it. She pleads that the 
civil liberties of Great Britain and of America cannot sustain any pre 
judice by American appeals being carried to the House of Lords, and 
produces that mode of proceeding from Ireland as evidence of the pro 
priety of the plea. Bracton says, nihil aliud potest Rex, nisi id solum 
quod de jure potest. How then, by any fiction, can the prerogative 
withhold appeals from being carried to the House of Lords, when such 
a measure is not " expedient for the maintenance of our civil liberties ?" 
Or how can the prerogative militate, to the partial violation of an 
express Statute J enacting, that the King and Privy Council shall not 
" by English bill, petition, articles, libel, or any other arbitrary way 
whatsoever, examine or draw into question, determine or dispose of the 
lands, tenements, hereditaments, goods or chattels of any of the subjects 
of this Kingdom ?" Were not our forefathers Englishmen, and are not 
we, their descendants, subjects of England ? Yes, but the Statute does 
not respect Americans, no mention is made of them. Strange ! that it 
must be construed so very strictly, as not to admit the common import 

* Carolina Charter, 17 Car. 2. 
f 1 Blackstone, 237. 
J 16 Car. 1 : o. 10. 



of the words, " any of the subjects/ nay, the commonly equitable con 
struction of those words/ Can it be imagined that the justice, and 
equitable policy of that Parliament, meant to subject the Americans of 
that period, to the judgment of a tribunal they themselves no longer 
dared to trust ? Would not such a sacrifice of the Americans, be the 
highest violation of justice ? The Parliament thought so, and included 
the Americans under the expression "any of the subjects of this King 
dom," in like manner as Ireland is construed to be included under the 
general words " within any of the King s dominions.* Thus, I may 
safely lay it down, as a point of law not to be denied, .that the Statute of 
Charles, does incapacitate the King and Privy Council from exercising, 
over the property of Americans, subjects of the English Crown, any 
judicial power whatsoever, except in appeals from the Court of Admi 
ralty, f And farther, that no Act of Assembly of a dependent colony, 
an inferior state, can vest in the English Crown, the imperial state, any 
power or jurisdiction to be exercised in the imperial state, or even to 
appertain to the Crown of England, which the law of the imperial 
dominion of England expressly says cannot vest in, or appertain to the 
Crown to be exercised over "any of the subjects of the Kingdom." I 
here rest the point relative to the King s appellate jurisdiction over 
American property. I shall however, continue the subject upon an 
entire new ground of argument, not with any design, more firmly to 
establish our claim of exemption from such a jurisdiction, but for the 
sole purpose of claiming objects, in their nature unlimited, and of the 
utmost importance to the liberties of America. 

It is laid down, that the fundamental right of Englishmen is that 
residuum of natural liberty, which is not required by the laws of society 
to be sacrificed to public convenience. J Hence, I may safely lay it 
down, that at any time when, the public convenience no longer requir 
ing, the law of society remits a sacrifice of a particular natural lib 
erty ; then that natural liberty reverts co instanti to the residuum, for 
the benefit and advantage of the common and joint heirs of that resi 
duum, to all intents and purposes, as if it had never at any time been 
separated from it, to be sacrificed to the public convenience. Thus, 
there cannot at any time be an increase of liberty to the English sub 
ject, but what his ancestor coeval with the Constitution was absolutely 
possessed of, and then separated from the residuum, to be sacrificed 
as long as the public convenience should require it, with remainder- 

* 1 Blackstone, 101. 
f 6 Anne: c. 37. 
J 1 Blackstone, 129. 


over to revert to the residuum vesting in his heirs. The conclusion 
therefore must be, that whenever an Act of Parliament remits the sac 
rifice of a natural liberty, and thereby, ipso facto, re-annexes it to the 
main stock of the residuum, it becomes a part of that residuum as if it 
had never been separated from it; and the Americans being with the 
people of England, equal heirs of this residuum, however increased by 
the remainders-over resulting to it, must at once enter into possession 
of this natural liberty, now again become a component part of the resi 
duum, without any necessity of their being mentioned in the public Act, 
signifying that the public convenience no longer requires a sacrifice of 
that particular natural liberty, or exemption from the jurisdiction of the 
Crown. Upon these principles, the Americans may justly claim to 
participate, in every restoration of natural right, liberty, or exemption 
in any shape, from the royal influence, power and jurisdiction, which 
the people of England shall at any time receive by the independence 
of the Judges, assuring to the public a security against the influence of 
the Crown, as well as being delivered from the Royal power, by their 
properties being exempted from the jurisdiction of the King and Privy 
council. A tribunal, which, as it has been, so, it may again be thought, 
inclined to pronounce that for law, which may be most agreeable to 
themselves.* And what just reason can there be, that the property of 
the Americans should be under the jurisdiction of a tribunal, which the 
people of England themselves dare no longer trust ? Why this odiously 
unjust distinction between people of the same blood and allegiance? But 
this is not the only harsh partiality of the English domination. Why is 
it a principle of their law, that from all the dominions of the Crown, ex 
cept Great Britain and Ireland, an appellate jurisdiction in the last 
resort, is vested in the King and Privy Council, upon the principles of 
feodal sovereignty ?f Upon what principle of law is this exception 
grounded in favor of Ireland ? Let us examine into the nature of her 
dependence upon the Crown of Great Britain, and let my purpose, to 
form a comparison between the liberties of Ireland and America, justify 
my continuing the subject of appeals. The original and true ground of 
this dependence is by conquest. J So far then, the nature of the acqui 
sition of the terra firma of Ireland and America, is in law considered 
alike ; and, therefore, as the King may alter the original laws of the 
acquired Indian and French territories in America, so he may, in like 

* 2 Blackstone, 269. 
f 1 Blackstone, 269. 
j 1 Blackstone, 231. 


manner, alter at his will and pleasure, the laws of the acquired territory 
of Ireland, and by consequence, the Crown cannot but have an appel 
late jurisdiction, in the last resort, over the Irish, Indians and French, 
equally conquered, and inhabiting countries equally acquired, by con 
quest or by treaties and cession. As this must be granted, then, 
whence comes the exception in favor of Ireland ? I cannot see that it 
has arisen any otherwise, than by a Statute there, confirming, as Sir 
Edward Coke* apprehends, the letters patent of King John, ordaining 
in right of the dominion by conquest, that Ireland should be governed 
by the laws of England that is the common law, instead of the Brehon 
law of Ireland. "f If thus, the common law of England obtaining in Ire 
land, emancipated, as it certainly did, the originally conquered inhabit 
ants of the territory from the King s appellate jurisdiction upon princi 
ples of feodal sovereignty, the English colonies and settlements in 
America must, a fortiori, be equally emancipated by the same operation 
of the Common Law, first established in most of them, by Acts of their 
Assemblies, and now in all, by the late doctrine, that the law is the 
inherent natural right of every English settlement in America. And, 
if notwithstanding the common law operating in America, equally as in 
Ireland, the King still exercises over the former, an original appellate 
jurisdiction in the last resort, upon principles of feodal sovereignty, by 
what law not applicable to the former, is the latter emancipated from 
that jurisdiction, originally applicable to each ? A Statute J of George 
the First annihilated the appellate jurisdiction of their House of Lords 
there was no Statute directing that appeals from Ireland should go to 
the House of Lords in England, and therefore it is evident they found 
their way there, by the conveyance and mere operation of the Common 
Law. America, not having any appellate jurisdiction in the dernier 
resort within herself, was then, in that respect, in the same situation in 
which Ireland was reduced by the Act of George the First, and the 
common law being of force equally in the two colonies, why should not 
appeals from America as from Ireland, equally find their way to the 
House of Lords in England, by the same conveyance and mere opera 
tion of the same common law? The Irish, Indians, and French were 
originally aliens, and it seems incomprehensible to me, that the English 
colonists in America, can, by any fiction of law, so lose their natural 
rights of inheritance under the English Crown, as to be reduced to the 
situation of aliens conquered, and therefore bound to admit the law of 

* 1 Inst. 141. 

t Vaugh 294. 2 Pryn. Rec. 35. 7 Rep. 23. 

\ 6 Geo. i. c. 5. 


the conquering monarch. In short, the English colonies in America, 
are taxed against their consent ; their criminals have a power, by Eng 
lish law, to fly from their just vengeance ; the value of their property is 
taken from them, and vested in the Crown ; and despotism is established 
in an English Province containing 150,000 French souls, as a precedent 
and terror to the rest of the continent because the English Colonists 
of America quitted their native country, to better their own fortunes, 
and to enable Great Britain to form the most lucrative colonies a parent 
State ever possessed to establish the most powerful Empire the world 
ever saw and to be at present in her turn the rising power in Europe. 
A most striking instance of justice and gratitude to Colonists, who, 
according to the present system of Europe, form the basis of the British 
grandeur ! Colonists ! who being justly and tenderly treated, bid fair 
to render the British Empire more powerful, more glorious, and more 
durable, than any we find recorded in historic page. But alas ! instead 
of parental tenderness, we experience a step-mother s severity instead 
of justice, we receive marks of the most unfeeling ingratitude ! Why 
should not the English Colonists in America, enjoy the same national 
rights, which the English Colonists in Ireland possess ? Are not their 
rights the same, equally derived from one and the same source ? It is 
with indignation the Americans, blood of the blood of the Imperial 
people, see themselves, by their own blood, refused the most valuable 
civil rights, which they have readily granted to the very Irish, an alien 
race, conquered by their common forefathers. The Irish carry their 
appeals to the same dernier resort, and there, on equal terms, litigate 
their disputes with their conquerors. But the Americans, like a van 
quished people, are obliged, in the dernier resort, to appeal to the King 
in Council ; and as King John gave the Irish law, in right of dominion 
by conquest, so the Americans, although of the blood of the conquerors, 
are under the hard necessity of receiving that for law, which their, own 
natural monarch shall be pleased to pronounce ! Sorely as Ireland is 
pressed, how preferable is her political situation to that of America ! 
Ireland a country conquered, and fattened by the slaughtering sword of 
England, and now, in a considerable proportion peopled with English 
colonists, gives aids to the Crown only at her own pleasure for the 
Imperial people do not Tax her, because her representatives " are not 
summoned to the English Parliament ;"* and again, " Ireland hath a 
Parliament of its own, and our Statutes do not bind them, " because 
they do not send Knights to our Parliament."* Constitutional as this 

* Year Books. 20 Hen. VI, 2. 2 Kic. Ill, 12. 


doctrine is, it will not avail the English Colonists, by whom I may say 
America is peopled. Americans ! you are taxed, although your 
" Knights are not summoned," and the English Statutes, are construed 
to bind, although you "do not send Knights" to the British Parlia 
ment j like a conquered people, you hold your property, but by the law 
of the monarch, pronounced by the advice of the minister ! Americans, 
now, no longer expect spontaneous justice, from the British Dominion, 
and it is with indignation, that even without any political reason of 
State, they see themselves postponed in favor, and in important religi 
ous and civil rights, to the people of Ireland, whom our fathers con 
quered. Rights ! worthy of being recovered, at the expense of slaugh 
tered hecatombs of heroes. The Americans are but upon a footing with 
the most trifling appendages of the British Crown, and formerly appen 
dages of Normandy, herself but a Dutchy in France ! Know yourselves, 
O Americans ! You are but upon the same establishment, you enjoy 
but the same civil rights with the people of Guernsey, Jersey, Sark and 
Alderney. People like yourselves subject to the taxation, and Legisla 
tion of the British Parliament, and to the royal award in disputes of 
property ! 

I here beg leave to make two observations, which I hope will be 
admitted with candor. That my frequent repetition of particular 
words, was ventured upon solely with a view to enforce, and put in the 
most striking light, arguments, which, without such repetitions, might 
not have appeared so pointed ; and that every disagreeable word respect 
ing the Irish nation, was hazarded only with the same intention. 

While Hannibal thundered at the gates of Rome, such was the forti 
tude of the Romans, a people destined to be populum late regem, that 
in the forum was sold and bought, even the very ground on which 
Hannibal was encamped. The Romans opposed him with a vigor, the 
more formidable, by being temperate. The event was suitable to the 
conduct. Let us imitate such an example. Let us not give up our 
rights, because a military government is formed, upon principles of the 
most baneful policy to the liberties of America, to extend along almost 
our whole western frontier an appearance infinitely more formidable 
to the sea coast colonies than the late chain of forts in that quarter com 
manded under French commissions a goverment accustomed to despo 
tism from its first existence a people who have always hated, and by 
their spiritual rulers, will ever be taught to hate us, as heretics and 
enemies of the Grand Monarch, and by their political rulers, to hate 
us as enemies to despotism. Let us not despair, because armies are, as 
I may say, encamped upon our rights. No ! we will still consider them 


our property, as the Romans did their soil, which Hannibal covered 
with his Numidians, and which he held planted with his hostile ensigns. 

The eyes and attention of America nay of Europe are fixed upon 
the American Congress. Deputies ! I doubt not but that you will 
act worthy of such an expectation. Calmly deliberate upon, then 
respectfully and boldly declare the Grievances and Rights of America. 
Be wisely cautious what you determine, but let your determinations be, 
as fixed as fate. And by a firm demand of our liberties, shew a genu 
ine descent from our patriotic forefathers at Running-mede in conse 
quence of whose conduct our gracious Sovereign now possesses the Im 
perial Crown of Great Britain, his subjects derive the continuance of 
their liberties, and I, an American, have a title to write my name 


CHARLES TOWN, South Carolina, August 10, 1774. 

NOTE. After writing this pamphlet, William Henry Drayton was superseded as a 
King s Judge ; and was suspended as one of his Privy Counsellors for South Carolina. 
The proceedings relative to the matter are here given. After this he took an active 
part in the Revolution of North America against Great Britain. 


[MSS. of W. H. Drayton and Council Journals.] 

IN THE COUNCIL CHAMBER, Sept. 21, 1774. 

Present, his Honor the Lieutenant-Governor, the Honorables Thomas 
Skottowe, John Stuart, Thomas Knox Gordon, William Henry Drayton, 
Thomas Irving, Esquires. 

His Honor, the Lieutenant-Governor, laid before the Board the follow 
ing Remonstrance, which he informed them had been presented to him 
by Mr. Chief Justice, and Mr. Justice Cosslett, yesterday morning. 

To the Honorable William Bull, Esquire, Lieutenant-Governor and 
Commander -in- Chief of his Majesty s Province of South Carolina: 
Humbly sheweth unto your Honor, that the happiness of his Majesty s 
subjects does in a great measure depend upon a just, upright, and impar 
tial administration of Justice. 

That in order (as far as possible) to secure so great a blessing to the 
people, the King s Judges are solemnly sworn to administer justice, 
without favor or affection. 


That the Judges are not punishable for mere errors of judgment, yet 
there is a constitutional method and form, well known for the removal 
of such as are weak and insufficient. 

That there is a like constitutional remedy both for the removal and 
punishment of such judges as act in their offices, wickedly and corruptly. 

That it would be unbecoming your Kemonstrants to say any thing 
touching their abilities in their several stations, but they do most stren 
uously insist upon it, that they have ever acted in their offices, with the 
purest integrity and most upright intentions, ever making the Rights of 
the people and the King s just prerogatives the equal objects of their 

That your Remonstrants actuated by these honorable motives, hoped 
that if they did nofrdeserve much praise, that they would at least escape 
without censure. 

But your Remonstrants humbly shew unto your Honor, that in a late 
publication entitled " A letter from Freeman of South Carolina to the 
Deputies of North America assembled in the High Court of Congress 
at Philadelphia/ great pains are taken to vilify your Remonstrants, and 
to represent them as men totally unfit for the offices they hold, and they 
are directly charged with having judicially determined a point contrary 
to law and justice ; and that not from ignorance, but from a wicked and 
corrupt motive, to render themselves agreeable to the Crown, thereby 
wickedly insinuating that our most gracious Sovereign has an interest 
distinct from that of his people, and would wish his Judges to increase 
his power at the expense of his subjects rights. 

That reflections of this nature, held out to public view, are not only 
highly injurious both to your Remonstrants and the public, by weaken 
ing that confidence the King s people ought to have in his Judges, but 
have also a direct tendency to raise groundless fears in the minds of 
his Majesty s subjects, and to alienate their affections from his sacred 

That the said publication is not under the author s real signature, yet 
from the note in page 6 there is no room to doubt that the Honorable 
William Henry Drayton, a member of his Majesty s council, and one of 
the Assistant Judges is the author of it. 

That your Remonstrants (were it necessary) could easily justify the 
opinion Mr. Drayton censures, upon principles of law and justice, but 
they cannot condescend to enter the lists with so impotent a railer. 

They however cannot help submitting it to your Honors serious con 
sideration, whether a man capable of such a publication is a proper per 
son to serve his Majesty, particularly in the office of a Judge on the 


same Bench with your Remonstrants, whose characters he has so wan 
tonly, so illiberally, and so falsely traduced. 


Upon a late occasion I gave iny word and honor that I would not in 
terfere in any matter of complaint relative to the pamphlet above alluded 
to, I therefore decline signing this Remonstrance. 


Mr. Drayton thereupon desired that he might have a copy of the said 
Remonstrance in order to give his answer thereto, and that there might 
be a public hearing of the merits in the matter complained against him. 

His Honor, the Lieutenant-Governor, directed the Clerk to furnish 
Mr. Drayton with a copy of the Remonstrance, but inform him he could 
not permit a discussion of the matter between the Judges before any 
person but his Majesty s Privy Council, and therefore could not comply 
with his desire in granting a public hearing. 


[MSS. of W. H. Drayton.] 

To the Honorable William Bull, Esq., Lieutenant-Governor and Com- 
mander-in- Chief in and over his Majesty s Colony of South Carolina : 
MAY IT PLEASE YOUR HONOR ! In consequence of the remonstrance 
which your Honor laid before his Majesty s honorable Council, on the 
twenty-first day of September last ; and which had been presented to you 
two days before by Mr. Chief Justice and Mr. Justice Cosslett, touch 
ing a late publication entitled " A letter from Freeman of South Car 
olina, to the Deputies of North America, assembled in the High Court 
of Congress at Philadelphia," charging that publication to me, and 
therefore submitting it to your Honor whether I am " a proper person 
to serve his Majesty, particularly in the office of a Judge;" I have the 


honor to form this answer to that remonstrance, with the most profound 
respect submitting it to your Honor s wisdom and justice. And as to 
draw up a proper answer, it is necessary that I examine the remon 
strance minutely in, and show that I pay due attention to, every part of 
it, however foreign to the main subject of the complaint contained in it; 
so, thus early I beg leave to bespeak your Honor s patience and indul 
gence, if in tracing the meandering of my seniors in office, my answer be 
therefore drawn into some length. 

As one event, sir, naturally brings to the mind others of a similar 
nature ; so the present remonstrance forces upon me a recollection of a 
late complaint. In the year one thousand seven hundred and seventy- 
one, Mr. Chief Justice Gordon, presented to the late Governor, a com 
plaint against the Honorable Rawlins Lowndes then one of the Assis 
tant Judges. The learned Chief Justice in that complaint termed Mr. 
Lowndes conduct " strange, improper and unconstitutional, unbecoming 
the station and character of one of the King s Judges/ But, sir, after 
a full hearing upon the complaint and answer, so little attention was 
paid to the ideas of the learned Chief Justice, that by the unanimous 
advice of council, the Governor dismissed the complaint. Hence, being- 
sensible of the defects of the remonstrance, I already, sir, cheerfully look 
forward in expectation that the present remonstrance, will have a like 
fate with the late complaint. The same learning, temper, and prudence 
which formed the one, I plainly perceive have fashioned the other ; and 
very probably the same cause gave birth to each. I will remark to 
your Honor, that Mr. Lowndes and myself, are the only Judges who 
have ventured, and with success too, to charge Juries in contradiction 
to the rest of the Court. 

May it please your Honor ! The first four sections of the remon 
strance, in my opinion, are common-place positions, absolutely uncon 
nected with the subject matter, or subsequent parts of the remonstrance. 
However, sir, as decency induces me, not totally to slight any part, that 
their Honors, the Judges, think of capital importance in, and as I may 
say, corner-stones of the very extrajudicial work ; so, in answer to those 
sections, I sum up all my observations, in the comprehensive and very 
significant word granted. 

The fifth section, sir, is the first of moment to their Honors, or to 
myself. It sets forth, "that it would be unbecoming your Remon 
strants to say anything touching their abilities in their several stations." 
I perfectly agree with their Honors in this sentiment ; but surely, sir, it 
will not either in point of decency, or in point of law be unbecoming or 
injudicious in me, to say something touching so very delicate a subject? 


For, in my necessary defence to your Honor, to their charge against me, 
I am constrained to call the legal abilities of those Judges into question ; 
otherwise your Honor might possibly be induced, in consideration of 
their stations as high law officers, to hold their opinions in point of law, 
in an unmitigated degree of estimation, to the detriment of my defence 
in point of law. And for this purpose, I most humbly shew unto your 
Honor that on the tenth of April one thousand seven hundred and 
seventy-two, a case Egan. v. Swint and others, came on to be heard in 
Chancery. In forming the Decree, the Court was equally divided. 
The late Governor and every other member having voted, Mr. Chief 
Justice Gordon denied the Governor to give, as he termed it, the casting 
vote. I objected and declared that no Judge in the King s dominions 
had two voices on the same question. The learned Chief Justice 
affirmed the contrary declaring that " in Westminster Hall whenever 
the Chief Justice and one Puisne were of one opinion, and the two other 
Puisnes of a contrary opinion ; the Chief Justice and his Puisne always 
made the rule in the case/ The present Attorney General was called 
in to declare the proceeding upon a division in the Court he at once 
silenced the learned Chief Justice for, sir, the Attorney had really 
studied law. Farther, that on the twelth of October last, a motion was 
made for leave to file a Bill against the Honorable Sir Egerton Leigh, 
Bart., for false imprisonment of T. Powell. Mr. Chief Justice, in his 
Majesty s Council, originated, counselled, and ordered that imprisonment; 
and had judgement gone against Sir Egerton, the Chief Justice must in 
honor have paid one-fourth part of the costs and damages ; the Chief 
Justice also aided in the procuring Council to be employed in defence 
of the imprisonment, if any action should be attempted to be brought 
for the recovery of damages. 

May it please your Honor, there is a maxim in law, with which you 
have been long acquainted " Nemo potest esse judex in prop-rut sua 
causa." But, sir, every person does not understand law. The Chief 
Justice took his seat upon the Bench presided during the arguments 
upon the motion, which came on to be heard the sixteenth of October, 
and when they were concluded out of his pocket he very equitably 
drew his opinion for he generally hears arguments prepared to answer 
them from an opinion in his pocket, and taking the lead pronounced 
his written opinion which he had drawn up at his Chambers ! the motion 
was quashed. But, notwithstanding the opinion thus extra-judicially 
determined and drawn up in form, and this appearance of being "judex 
in propria sua causa/ it is not to be doubted I suppose, but that the 
Chief Justice took his seat on the Bench, entirely unprejudiced and 


unbiassed in opinion impartial between the parties, and to borrow a 
figure from the Remonstrance, then " acted in his office with the purest 
integrity AND MOST UPRIGHT INTENTIONS." In short, he was indispu 
tably rectus in curia. Further, that on the last northern circuit, an 
action of Trover was brought on before Mr. Justice Cosslett. The 
Counsel for the defendant, pleaded the Act of limitation ; but in charg 
ing the jury the Judge directed them that, "the Act did not bar, 
because the Plaintiff did not know where the property in litigation was, 
or against whom to bring the action." A determination, sir, which vio 
lates every principle of law I shall mention only one ignorantia 
legis neminem excusat. 

Farther, that on the eleventh of August last, Richard Howly, a 
native of Ireland a character not known here, applied to the Court of 
Common Pleas in Charles Town to be admitted an Attorney, his petition 
and affidavit setting forth that he had been a member of the Middle 
Temple during three years and a half, and had there kept seven distinct 
Terms. Our rule of Court minutely draws the lines of admission, and 
in Mr. Howly s case expressly requires a certificate showing that the 
person applying for admission " hath been a member of some of the four 
Law Colleges, for the space of five years at the least ; and hath kept 
eight terms commons. Such being the rule, Mr. Chief Justice and Mr. 
Justice Cosslett in open Court admitted Mr. Howly " as duly qualified." 
I will remark to your Honor that in London no person is admitted to 
the Bar, but such as come within the express and strict letter of the 
rule of admission. But Mr. Chief Justice, -under his hand, declared to 
me, " our rule it is true requires five years standing and eight terms 
Commons to be kept ; but this gentleman came from England here, 
under a full persuasion that he had done enough and no man can pre 
tend to say that the spirit and meaning of the rule has not been pre 
served." Thus, sir, I stand instructed that the spirit and meaning 
of a law is preserved when the Judges accept less than that which the 
law expressly and clearly says, shall be accepted " at the least ;" and 
also, that in law, a person has really done as much as the law requires, 
whenever he shall be pleased to be " under a full persuasion that he 
had done enough." I may observe to your Honor that, there are not 
wanting instances to shew this doctrine is not construed to extend to 
Americans. All these things being of public notoriety among the prin 
cipal inhabitants of this town ; it was I assure your Honor, without the 
least astonishment, I saw your learned Remonstrants in their sixth sec 
tion, gravely hope, " that if they did not deserve much praise, that they 
would at least escape without censure." 


Conscious of the abilities of the learned Judges, I cannot but render 
so much honor to them as, candidly to declare that I find myself inca 
pable to imitate the style of their Remonstrance ; and I trust it will not 
be thought improper if meekly regulating myself by the sacred page, in 
good humor, I return good language for abusive terms symptoms of 
heat and intemperance. Sir ! your Remonstrants in their tenth section 
say on a point of law, " they cannot condescend to enter the lists with 
so impotent a railer." My respect for the King s Commissions deco 
rating the persons of Mr. Chief Justice and Mr. Justice Cosslett, and 
elevating them into consequence and ease, prevents my retorting any 
epithets of contempt upon them my veneration for your Honor, inca 
pacitates me from hurting your sensibility, with a use of abusive appel 
lations respecting men connected with your Honor, by being in eminent 
public stations and my own feelings, sir ! effectually bar me from con 
descending to adopt language unbecoming the mouth or pen of a gentle 
man. Wherever a contrary style may be found, I trust, sir, it will not 
appear to flourish under my hand. But, may it please your Honor, 
taking into consideration the conduct of the Judges, I am at a loss readily 
, to comprehend that tenth section of their Remonstrance. They say on 
a point of law, they cannot condescend to enter the lists with me ; yet 
even while they said so to your Honor, they were actually and actively 
busy in preparing lists for us to engage vis-a-vis upon points of law, and 
those too, touching their Remonstrance itself. But perhaps they were 
not aware that such a consequence might attend their presenting their 
Remonstrance, or they presumed themselves secure from such a conse 
quence, equitably expecting your Honor would condemn me unheard. 
However, sir, as we are entered in the lists, it is evident that the Judges 
have by their conduct destroyed the life and spirit of their declaration, 
but I most readily acquit their Honors of having done so of malice 

The fifth section again attracts my attention. The Remonstrants 
study to compliment the people and in a State-paper, the Sovereign 
appears in an unusual situation. The Judges say, " the rights of the 
people and the King s just prerogatives" are " the equal objects of their 
care," a declaration that carries conviction no doubt, and the imprison 
ment of Thomas Powell, the printer, and the writs of assistance evidence 
strongly in their favor. 

At length, may it please your Honor, I am arrived at the cause of 
the Remonstrance, " A letter from Freeman of South Carolina to the 
deputies of North America." Nine illce lacrymce the complaints of 
their Honors the Remonstrating Judges and, " let the stricken deer 


go weep/ 7 They represent to your Honor, that there are passages in 
that letter which I have not been able to find in it ; and then they say 
" reflections of this nature held out to public view, are highly injurious 
to your Remonstrants. " But, sir ! these "reflections" are not in the 
publication in question they are "held out to public view" only by 
your Remonstrants themselves ; of consequence, I cannot seriously think 
those reflections are really injurious, as I dare say your Remonstrants 
are not apt, at least of a forethought, to do any thing injurious to them 
selves. However, if they really destroy their own reputations, the act 
may be in point of law, felo de se; but may it please your Honor, as a 
Judge is not a Pope, perhaps a Jury of inquest might pronounce it 
lunacy. In short, sir, pointed as these charges of the Judges are against 
me highly dangerous to me if well founded, for they describe a libel of 
a most aggravated nature, I cannot be too careful to employ every argu 
ment to parry their strokes. Diffident of my own abilities, allow me, sir, 
to call in the friendly aid of a very elegant poet." 

The birds in place, by factions pressed, 
To Jupiter their pray rs address d, 
By specious lies the State was vex d, 
Their counsel s libellers perplex d, 
They begg d (to stop seditious tongues) 
A gracious hearing of their wrongs. 
Jove grants their suit. The Eagle sat 
Decider of the grand debate. 

The Owl arose, with solemn face, 
And thus harrangued upon the case, 
The slander s here" But these are birds, 
Whose wisdom lies in looks, not words, 
Blund rers, who level in the dark, 
And always shoot beside the mark." 
He names not me ; but these are hints, 
Which manifest at whom he squints. 

The Pye, to trust and pow r preferr d, 
Demands permission to be heard. 
Says he, prolixity of phrase 
You know I hate. This libel says, 
" Some birds there are, who prone to noise, 
Are hir d to silence wisdom s voice, 
And skill d to chatter out the hour, 
Rise by their emptiness to pow r. 
That this is aim d direct at me, 
No doubt, you ll readily agree. 

Ye wretches hence ! the Eagle cries, 
Tis conscience, conscience that applies ; 
The virtuous mind takes no alarm, 
Secur d by innocence from harm ; 
While guilt, and his associate fear, 
Are startled at the passing air, 


It would be unbecoming in me to say one word touching any analogy 
which might possibly be drawn between the Judges and the birds in 
place, farther than to transpose one word of a sentiment in the Remon 

Libels and libellers appear, 
" Objects of their equal care." 

I now sir ! have the honor to consider the charge and inferences of 
the learned Judges in point of law ; I will first distinctly note their 
errors and then I will form my defence. 

First. Your Remonstrants have extrajudicially determined that the 
publication represents " them as men totally unfit for the offices they 
hold !" that in it " they are directly charged with having judicially 
determined a point contrary to law and justice I" and that, "not from 
ignorance, but from a wicked and corrupt motive to render themselves 
agreeable to the Crown !" But sir, if this is a just description of the 
publication, it is according to every legal idea, a libel ; and whether or 
not the description is just only a jury can legally determine and ascer 
tain its criminality. 

Secondly. Your Remonstrants having without doubt equitably deter 
mined "in propria sua causa," have also extrajudicially declared that 
these charges are " highly injurious" to them. Whether they are so or 
not, only a jury can legally determine. 

Thirdly. The Judges with great candor lay down, " that reflections 
of this nature held out to public view have a direct tendency to raise 
groundless fears in the minds of his Majesty s subjects." If I may 
hazard an opinion on this head, a jury, who only can legally ascertain 
this point, would not readily think that those reflections have a ten 
dency " to raise groundless fears." 

Fourthly. The Judges assert the publication has a direct tendency 
to alienate the affections of his Majesty s subjects from his sacred per 
son; a charge against me, sir, describing a contempt and misprison 
against the King s person and government. But whether or not this 
tendency is deducible from the publication, only a jury can legally 

Fifthly. The Judges have extrajudicially declared that I am the 
author of the publication in question ; and besides they have made this 
important determination without any legal evidence against me. It is 
true they learnedly tell your Honor, "the note in page 6" is such evi 
dence of my being the author of the publication that, " there is no room 
to doubt" of it. But, sir, my Lord Chief Baron Gilbert, and all good 


law writers declare, this species of evidence, unconnected with better, 
cannot operate against me, in any Court of Law in the King s dominions. 
Thus, it is plain, if your Honor will admit the Lord Chief Baron s law 
on the point, to be better than our Chief Justices, that either the learned 
Chief Justice and his learned and very honorable associate do not truly 
understand the nature of legal evidence j or, that being clothed in the 
venerable garb of Judges, they thought under that dross they might 
safely impose that evidence upon your Honor, as legal, which is in 
truth inadmissible in law. 

Sixthly. The Judges have moved your Honor for punishment upon me 
in the last resort before they have legally ascertained that I have been 
guilty of any offence ! In short they have in the same breath accused 
me evidenced against me ascertained my guilt adjudged the nature 
of it and, in angry and passionate terms against me, desired my condem 
nation and punishment ! Alas, sir ! this is a more violent prosecution than 
ever was exhibited in the Star Chamber ! But I must stop, the remonstra 
ting Judges have declared, " that reflections of this nature, held out to 
public view, are highly injurious to them ; by weakening that confidence 
the King s people ought to have in his Judges," who, conspicuous as 
they are for u their abilities in their several stations/ ought to expect 
equal confidence from the public. 

Having now, sir, framed my answer touching every part of the 
Remonstrance, and having attended my seniors in office, in those excur 
sions, from the main subject of their complaint, in which they learnedly 
chose to lead the way, I now have the honor to form my defence in 
point of law. 

First. The learned Judges, contrary to the uniform practice of the 
excellent Lord Chief Justice Hale, have publicly predetermined that I 
am the author of the publication in question. A determination which, 
in point of law, I am warranted to say is illegal. 

Secondly. The Judges assert that in the publication they are directly 
charged in such sort, as I assert is not deducible from any passages in it. 

And, Thirdly. They proceed to draw inferences of -the pernicious 
tendency of those charges ; but, sir ! as these are points properly cogni 
zable by a jury in the known, established, and constitutional judicatories, 
so the Judge s application to your Honor, previous to such a legal inquiry, 
demonstrates that they meant to fix a charge of a very criminal nature 
and to draw down punishment upon me independent of a legal trial by 
my Peers. An attempt which plainly evinces their principles to be 
arbitrary, oppressive and inimical to the liberty of the subject, to our 
happy constitution, and to American Freedom ! 


Upon the whole, sir ! I humbly apprehend, the laws and constitution 
have not vested in your Honor, an original jurisdiction in this case ; or 
power to compel the attendance of, or even to admit witnesses so as to 
hear, judge, and finally determine the merits of the Remonstrance which 
has been presented to your Honor. 

I therefore humbly rest satisfied that your Honor will dismiss the 
Remonstrance, as illegally, unconstitutionally, and unequitably instiga 
ting punishment upon me in the last resort, even before any offence has 
been legally imputed, not to say proved against me. 

Thus conscious of the ground on which I stand, I hold myself to be 
absolutely out of the reach of the learned Judges on the present point 
of contention ; there is a law maxim, that it is the voice both of law 
and humanity that every one must be presumed innocent till he can be 
proved guilty ; and, I rely upon the laws and your Honors knowledge 
and justice. 

All which is most humbly submitted to your Honor. 


CHARLES TOWN, South Carolina, October 3, 1774. 


[MSS. of W. II. Drayton and Council Journals.] 

To the Honorable William Bull, Esquire, Lieutenant- Governor and 
C ommander-in- Chief in and over his Majesty s Province of South 
Carolina : 

MAY IT PLEASE YOUR HONOR : In reply to the answer of Mr. Justice 
Drayton, we shall not in imitation of him, endeavor to amuse the fancy 
or mislead the judgment, by attempting a display of wit and humor. 
The subject is of too interesting a nature to be treated ludicrously; nor 
shall we trespass on your Honor s time by staying to refute the many 
errors, mistakes, and misrepresentations contained in the first ten pages 
of the answer, all the matter thereof, except one assertion in page nine 
being entirely foreign to the subject of the Remonstrance; from which 
two plain questions only do arise first : is Mr. Justice Drayton the 
author of Freeman s letter ? if he is secondly : is such a publication 
consistent with the duty he owes the King as one of his servants ? 


In our humble apprehension, to clear himself of the charge contained 
in the Remonstrance, there were but two methods for Mr. Justice 
Drayton to take, either to deny that he was the author of Freeman s 
letter, or frankly to acknowledge that he was, and then shew that it 
contained nothing inconsistent with his duty to the King. Mr. Justice 
Drayton has, however, thought proper to shape his defence in a differ 
ent manner, and we shall now endeavor to shew the insufficiency and 
weakness of it. 

After writing above ten abusive pages, Mr. Justice Drayton at last 
condescends in the latter end of page eleven to consider the charge and 
inferences of the Remonstrance in point of Law, but that he has totally 
mistaken the law in this point, and has no clear conception, either of 
your Honor s power in this case, or of our mode of application to you, 
we shall presently clearly shew. 

He sets out with saying "We have extrajudically determined that 
the publication represents us as men totally unfit for the offices we hold." 
This, sir, we absolutely deny, we have determined nothing, either judi 
cially, or extrajudicially on the subject. We have only humbly repre 
sented to your Honor, that, in the publication in question, " great pains 
are taken to vilify us and represent us as men totally unfit for the offices 
we hold," and that the truth is so, we appeal to the publication itself in 
pages nineteen and twenty, where Mr. Justice Drayton, may find the 
reflections complained of in the Remonstrance, which, however, in the 
ninth page of his answer he positively denies are contained in the publi 
cation. He goes on to tell your Honor that the Remonstrance set forth, 
that in the publication, we are directly charged with " having judicially 
determined a point contrary to law and justice, and that, not from 
ignorance, but from a wicked and corrupt motive, to render ourselves 
agreeable to the Crown." It is true, sir, this is the language of the 
Remonstrance, and that it is a just description of the publication, and 
that the publication itself, not only in the instance mentioned, but in 
almost every page of it, is according to every legal idea, a libel against 
his Majesty, his Government, his Ministers, and his Parliament. We 
humbly submit to your Honor s wisdom and judgment, when an action 
is brought against Mr. Justice Drayton, for writing a libel, it will then 
undoubtedly be the province of a jury to determine upon the matter, and 
say, whether he is guilty or not guilty, but you, sir, who have the honor 
of representing the King s person, and to whom a part of his power is 
delegated, want not the aid of a jury to determine upon the conduct of 
the King s servants, or to inform you, when it is proper, or improper, 
to dismiss them from their royal master s service. Had, Mr. Justice 


Drayton, sir, attended to the manifest distinction, between an action 
instituted against an offender in a Court of Law, in order to bring him 
to punishment for his crime, and a complaint made to his master, repre 
senting him as unfit to be continued longer in his service we say, sir, 
had he attended to this palpable distinction, he would have seen your 
Honor s power over him, without the intervention of a jury. Would 
Mr. Justice Drayton think it necessary before he discharged a bad 
servant, to have the verdict of a jury for so doing, or would he consci- 
enciously refuse to determine on his conduct, without such a sanction ? 
surely not ! But this power which he would doubtless claim himself, 
he modestly denies his Sovereign ! The same spirit breathes in every 
page of Freeman ! 

The second clause of his answer is, " That we having without doubt 
equitably determined in propria causa, have also extrajudically declared 
that these charges are highly injurious to us but whether they are so 
or not, only a jury can legally determine. To the first part of this clause 
we reply as we have observed before, that we have determined nothing. 
To the second part of it we admit we have declared to your Honor that 
these charges are highly injurious to us, and to indulge the gentleman, 
we admit such declaration is extrajudicial, had it been judicial there 
would have been reason to say we had determined in propria causa, 
To the last part of it we reply, that if we shall hereafter institute a suit 
against Mr. Justice Drayton for damages, we shall then submit it to a 
jury whether we have sustained any and what degree of injury. 

The third clause of his answer is, that " a jury only can legally ascer 
tain whether the reflections contained in the publication have a direct 
tendency to raise groundless fears in the minds of his Majesty s sub 
jects." Our reply is that should an action be brought against him to 
punish him for the crime of libelling, it would then be the province of 
a jury to ascertain that point. As to the opinion hazarded by the gen 
tleman of what a jury might think, upon such an occasion, it being only 
an opinion requires no answer the opinion, however (to use his own 
phrase), is somewhat hazardous and might possibly turn out to be ill- 
founded, notwithstanding the gentleman s great popularity, and the 
high degree of estimation he stands in with the public. 

The fourth clause is, that " only a jury can legally determine whether 
such a tendency is deducible from the publication as we allege, viz : 
the alienation of the affections of his Majesty s subjects from his sacred 
person." Was this a prosecution in a Court of Law for a libel, the 
gentleman would be right ; it however, is not, and we have already 
observed on your Honor s power of determining on the conduct of the 


King s servants. The gentleman, with some surprise, says this charge 
against him describes a contempt and misprison against the King s per 
son and government. It certainly does, and who that reads " Freeman s " 
letter, can hesitate a moment to declare, the author of it guilty of that 
crime ? For who that has any real regard to his country ! who that 
has the smallest particle of affection or respect for his Sovereign, would 
as " Freeman " does in his first pages, compare the present time with 
the reign of Charles the First ? There is not the most distant similitude 
between the two periods, nor can the present unhappy discontents sub 
sisting in his Majesty s American Dominions, be with any degree of 
truth compared to those, which subsisted in England during the reign 
of the unhappy Charles. Your Honor s acquaintance with history, 
makes it unnecessary for us to point out the difference. But not con 
tent with this false and disgusting picture of our most gracious sovereign 
" Freemen " next compares him to the Turkish Sultan ! and asks " what 
greater power has the Sovereign at Constantinople over a Province in 
the East, than the Sovereign at London now has over a Province in the 
west ?" Can anything be more contemptuous both to the King and to 
his people ! to liken a Prince, who has ever made the rules of the Con 
stitution the measures of his government, and in the very instance men 
tioned has acted by the advice and consent of his Parliament, to liken 
such a Prince, to the despotic Monarch of the Turkish Empire, is such 
an insult, as language cannot furnish terms sufficiently strong to express 
it by, but every loyal British heart, though wounded by the calumny 
will vindicate our sovereign from the foul aspersion. 

In pages five and six he openly declares " That the liberty and pro 
perty of the American are now at the pleasure of a despotic power, and 
that an idea of a risk of life itself, in defence of his hereditary rights 
cannot appal him, or make him shake from his purpose, when perhaps 
those Rights can be maintained, only by a temporal suspension of the 
rules of Constitutional proceedings." And a little after he says " He 
now opposes a violation of his rights by an established Monarchy." Is 
not this, sir, a direct opposition to the King, who is the established 
Monarch ? Is it not sounding the trumpet of rebellion, and declaring 
that he will risk his life to suspend the rules of constitutional pro 

The next instance of contemptuous treatment of majesty occurs in the 
eighteenth page of "Freeman s" letter, where the King is pretty 
severely censured, for exercising his undoubted right of appointing such 
Counsellors, as he thinks will give the honestest advice, and best assist 
ance to his different Governors. 


In the next two pages, with a decency and modesty peculiar to 
" Freeman " himself, he openly and plainly insinuates, that dishonesty 
is the best recommendation of a Judge to the Royal favor, and then 
holds on his way to fly at objects of more importance, of greater griev 
ance ! nothing less than the increase of Royal power by the annihilation 
of popular rights, and a despotism over English people ; in page twenty- 
four, still holding on his way he wings his flight still higher, and asks 
" How then has the Parliament acquired a power, and how has it dared 
to constitute the King so despotic, in any part of the British Empire ?" 
This is directly to Majesty, it is asking how has the King acquired a 
power ? and how has he dared to constitute himself so despotic ? for 
your Honor knows, that the King is a component part of the Parlia 
ment, and of course must be included in, and meant by the term Par 
liament. It would be tedious to point out every part of this very extra 
ordinary letter, wherein the King and his government are treated with 
contempt and disrespect. We have only selected a few of the most 
striking your own discernment (if your Honor has condescended to 
read the letter) must have discovered the many others with which it 

The fifth paragraph of the answer is, " that the Judges have extra- 
judicially declared, Mr. Justice Drayton to be the author of "Free 
man s" letter, and have made this important determination without any 
legal evidence against him. Before we proceed in this paragraph, we 
shall stop a moment only to observe, that whatever declaration we have 
made on the subject certainly was extrajudicial. Judicial it could not 
be for two reasons : First because the matter never did nor indeed 
ever can, come before us in our judicial capacities, and (secondly) if it 
had the rule of Law, " ad Questionem facti non respondent judices, " 
would have restrained us from making any such judicial declaration 
but we have declared or determined him to be the author without any 
legal evidence. It is certainly true, sir, we have in our minds deter 
mined him to be the author, and we have declared to your Honor that 
from the note in page six there is no room to doubt of it, and we expect 
your Honor will be of the same opinion. For, though Mr. Justice Dray- 
ton goes on to tell your Honor, that Lord Chief Baron Gilbert, and all 
other good law writers, declare this species of evidence, unconnected 
with better, cannot operate against him in any Court of Law in the 
King s Dominions, we must beg leave to put him in mind of a circum 
stance, he seems to have totally forgot throughout his whole answer, 
which is, that he is not now in a Court of Law , superficial readers who 
lightly skim upon the surface only, will often fall into mistakes of this 


nature, but the student who reads with attention, will go to the bottom, 
will consider every circumstance, and will not apply particular Rules to 
general purposes, nor extend them further than the subject matter his 
author treats of. If we should ever meet Mr. Justice Drayton upon 
this question in a Court of Law, we shall not pretend to dispute my 
Lord Chief Baron Gilbert s authority, in regard to evidence but in the 
present case, we apprehend your Honor is by no means restrained by 
the strict rules of evidence in Courts of Law. It is the King s preroga 
tive both to retain and discharge such servants, as he thinks proper, nor 
is he ever bound to give his reasons for so doing. You, sir, are now to 
exercise that prerogative, which the King has delegated to you, as Gov 
ernor of this, his, Province ; and we humbly apprehend, that a thorough 
conviction in your own mind, that Mr. Justice Drayton is the author of 
the publication in question, is all the evidence that is requisite, or that 
your Honor will look for. 

The sixth paragraph of the answer sets forth "that we have moved 
your Honor for punishment against him, in the last resort, before we 
have legally ascertained that he has been guilty of any offence." But, 
sir, we have only represented to your Honor, that the publication in 
question contains indecent reflections on the King and his Judges, and 
we have set forth what we conceive to be the tendency of these reflec 
tions, but we have moved for no punishment against Mr. Justice Dray 
ton or any other particular man. It is true, we have told your Honor, 
that we alledge and do believe (for the reason contained in the Remon 
strance) that he is the author of the publication, and we conclude with 
submitting it to your Honor, whether a man capable of such a publica 
tion, is a proper person to serve his Majesty. 

The honorable gentleman comes now to form his defence in point of 
law, but as this law defence is nothing more than a repetition of what 
he had before set forth, and as we apprehend we have minutely consid 
ered, and fully refuted all he has said upon the subject, we shall now 
hasten to release your Honor from this disagreeable business. 

But before we conclude, we must request your Honor s attention to 
the last paragraph but one of the answer. The honorable gentleman at 
first joins issue with us on the subject of the Remonstrance; then enters 
into a long defence, and when he has concluded that, he has the honor 
of forming a very learned and elaborate defence in point of law that 
being finished he concludes with a plea to the Jurisdiction of the 
Court ! this is really new, and is an inversion of all the rules of law 
pleadings ; for a plea to the jurisdiction, being a dilatory plea, is to be 
first pleaded, nothing more is incumbent on the defendant, until the 


truth or merits of his plea are determined by the Court ; and if the plea 
is held to be good, the plaintiff and his cause are dismissed from that 
jurisdiction ; but if the plea is over ruled, the judgment of the Court is, 
that the defendant respondeat ouster, or shall put in a better plea, so the 
honorable gentleman has ended where he should have begun ! and 
unfortunately by beginning in the wrong place, and putting in an issu- 
able plea, he has in fact admitted your Honor s power, and precluded 
himself from pleading to the jurisdiction, however valeat quantum valere 
potest; let the honorable gentleman make the most of it, your Honor 
will hardly give up the King s prerogative to such a special pleader. 

Upon the whole, sir, we humbly apprehend, that Mr. Justice Dray- 
ton s answer to the Remonstrance, is altogether insufficient, and that 
your Honor has sufficient evidence to induce you to believe him to be 
the author of " Freeman s" letter. We also apprehend, that the said 
letter is a false libel upon his Majesty and his government, and that the 
inferences contained in the Remonstrance, and in this reply, are fairly 
deducible from it ; all which we humbly submit to your Honor s wisdom 
and judgment, and as in our Remonstrance, we again submit it to your 
Honor, whether a man capable of such a publication, is a proper person 
to serve his Majesty. 


[MSS. of W. H. Drayton.] 

MAY IT PLEASE YOUR HONOR : Standing here, I feel myself agi 
tated by various inclinations ; they operate upon each other, and give 
me no small degree of pain lest my present conduct should be in any 
degree improper. I wish to address your Honor with that profound 
respect which is due to your public character that veneration which 
our consanguinity demands from me ; yet I wish to address your Honor 
with that free scope of argument which this extraordinary case requires, 
and that just degree of animadversion which the conduct of the Re 
monstrants deserves from my mouth. In this latter respect, I mean to 
be severe, within the bounds of propriety ; yet, I confess, I feel some 
inclination to approach its uttermost limits. 

I well know the nicer sensations of delicacy are apt to take alarm at 
circumstances by which it may be thought a Judge may be apt to be 


biassed ; and, therefore, to avoid any imputation of an undue bias, a 
Judge is sometimes apt to bear harder against those circumstances than 
strict justice may require: incidit in scyllam capiens vitarc Chari/bdim. 
Hence, considering your Honor s station ; that my accusers are Judges 
nominated by the King ; and that I have the honor to be your nephew ; 
I am aware your delicacy is already upon the watch it is even listen 
ing to protect the King s servants, as they style themselves, from the 
severity of your kinsman. But, sir, conspicuous as you are for your 
delicacy, you are not less so for your justice ; and, fearful as I may be 
of the effects of the former, I feel myself reassured from my knowledge 
of the latter. I have a confidence that your Honor will allow me to 
speak with that boldness with which a free American has a just title to 
express himself; that boldness which the times and the occasion loudly 

The Remonstrance, the answer, and the reply, having been just read, 
I will concisely touch upon some parts of each, that by collecting the 
arguments into one point, they may the easier penetrate the mind ; 
and, although, by advice of Council, your Honor did, on the ninth of 
December, issue a supersedeas to my commission as a Judge, in order 
that the King s appointment of a Judge, in the room of Mr. Murray, 
deceased, might have full effect, yet, as this hearing might have been 
had before the issuing the supersedeas, but that the Chief Justice was 
at that critical juncture that very day taken ill with the gout as the 
Remonstrance was calculated to effect my suspension, and as it might 
possibly have had such an effect, had not Mr. Gregory arrived here so 
soon as he did ; so I shall speak as if the suspension was still the ob 
ject of the Remonstrance. At once, that the Chief Justice may derive 
no advantage from his critical illness ; that the argument may be pre 
served upon its original foot ; and that I thereby may the more clearly 
demonstrate the complaint contained in the Remonstrance was uncon 
stitutionally laid before your Honor ; and that the Remonstrance was 
ineffectual, on any principles of reason, law, or the Constitution, to ac 
complish the end it had in view. 

In order to sound the depth and to ascertain the force of the oppres 
sive torrent, flowing from the pens of the Remonstrants, I beg leave to 
begin, at the source of the stream the title of their complaint. And 
there, your Honor is told that, it is "the Remonstrance," of a "Chief 
Justice," and of "one of the Justices of the Common Pleas." It is to 
be presumed, these Judges conceived such titles would naturally give 
the greatest weight to their complaint ; first, as the complainants were, 
in such important stations in this colony and secondly, as that, the 


matter of the complaint, having been collected, canvassed and digested, 
by Judges sent from England, therefore, presumable to be learned in 
the law ; your Honor should, at once, be of opinion that, what they 
stated as criminal, was so ; what they stated as sufficient evidence, was 
legally so ; what they submitted to your Honor s serious consideration 
and determination, were points upon which, you could legally consider, 
and constitutionally determine ; and that the suspension to which they 
alluded, was constitutionally proper to be made for the causes assigned 
by them. All this appears from the title of the Remonstrance, even at 
the first blush. Hence, to take off any unmerited impression which, 
such titles might make upon your Honor, to my prejudice, in my answer, 
by a series of facts stated, I demonstrated those Judges were ignorant of 
the law, and that, you ought not to place any confidence in their opin 
ions. I stated that, Mr. Chief Justice had formerly, though but lately, 
complained against the Honorable Mr. Lowndes, terming his conduct, 
as a Judge, " strange, improper, and unconstitutional ;" and that, not 
withstanding the opinion of the learned Chief Justice, the Governor 
dismissed the complaint. I stated, the Chief Justice s declaration in 
the Court of Chancery, that the Governor there had two voices ; and as 
a point of law, affirmed the Chief Justices at Westminster, had two 
voices upon every question, and their associates but one. I stated, the 
Chief Justice s practice of hearing arguments in Court, and deciding 
upon the question, by opinions extrajudicially formed, and taken from 
his pocket. His presiding in a cause, to which he had given rise ! a 
cause which he had counselled to be defended ! a cause in which he 
was interested in pecuniary consequence ! let me now add that, it was 
a cause in which he was personally interested in dignity, rank, and 
power! a cause which he would not permit to be argued upon the 
ground on which he intended to pronounce and did give judgement ! 
in short, sir, it was a cause in which he could not have taken the oath 
voir dire, I mean sir, with a clear conscience, had he been called upon 
only as an evidence. To see a man thus interested, and publicly par 
tial to see such a man, even attempt to preside in such a cause com 
mon sense and modesty is shocked ; but, to hear such a man decide in 
such a cause reason, integrity, justice, seem fled from among us ! 
And such were the facts I stated to your Honor, solely relative to the 
Chief Justice, among many others which I could have particularized ; 
in the same manner I pointed out Mr. Justice Cosslett s knowledge of 
the law by shewing that, he charged a Jury that, the Act of Limitation 
did not bar the plaintiff, because he did not at such a time, know where 
to find the property in litigation. 


To such particulars the Judges reply, they cannot "trespass upon 
your Honor s time by staying to refute the many errors, mistakes, and 
misrepresentations in the first ten pages 7 of my answer, which they 
politely term "abusive pages." But, sir ! is this a proper reply to a 
confutation of those pages a demonstration that they are abusive, and 
that they contain errors, mistakes and misrepresentations ? Sir ! those 
pages contained heavy charges against those Judges ; they stated their 
official conduct only a small part of their misconduct, sir ! the place 
and date of each ! and, with submission, I think it was incumbent on 
those Judges, to have endeavored at least to have pointed out some of 
those " many errors, mistakes, and misrepresentations." But, from their 
neglect to do so, and their hurry to quit the subject an inference is to 
be drawn, which is too obvious to leave room for me to point out. 
What if I should tell your Honor that, after full consultation, study, 
and deliberation, the Chief Justice construed the Circuit Court Act so 
as to defeat one of the main purposes of it that the bar remonstrated 
to him on the occasion j that he then admitted an opposite construc 
tion, by which he lost 300 sterling per annum of his emoluments. 
What if I should tell your Honor these Judges never lose an oppor 
tunity of throwing difficulties in the way of the execution of that Act ? 
Without doubt, these Judges will say, these also are errors, mistakes, 
and misrepresentations ; they are nevertheless facts, and the bar bear 
witness of them. 

But, in the reply, the Judges say they had " only humbly repre 
sented." I beg leave to observe to your Honor, to the end they may 
understand, that as what they represented was by an instrument they 
styled a Remonstrance ; so that word signifies a very strong representa 
tion that Freeman s letter represents them " as men totally unfit for 
the offices they hold;" that in it "they are directly charged with 
having judicially determined a point contrary to law and justice j and 
that, not from ignorance, but from a wicked and corrupt motive, to 
render themselves agreeable to the Crown, thereby wickedly insinuating 
that our most gracious Sovereign has an interest distinct from that of 
his people, and would wish his Judges to increase his power, at the ex- 
pence of his subjects rights." By this extract from the Remonstrance, 
I understood the insinuation in the latter part of it was an inference 
which the Judges had drawn from the passages in the foregoing part, 
and that they had extracted those passages from Freeman s letter. I 
accordingly perused that letter with attention. I could not find either 
of those passages in it. In my answer, I say the " passages " repre 
sented by the Judges to be in " that letter, I have not been able to 


find in it ;" yet the Judges, in their reply, again quoting the passage, 
"as men totally unfit for the offices we hold," declare it is to be found 
in the nineteenth and twentieth pages of Freeman s letter. Hence, 
thinking I had negligently perused those pages, I have again read over 
every word contained in them. I cannot even find any insinuation 
that they are "men totally unfit for the offices they hold/ and I am 
persuaded the author of Freeman s letter could not have had any such 
idea because it is known these Judges can read, though I would not 
swear they understood, English. And, I do verily believe, their ap 
prehensions alone formed such a passage in Freeman s letter conscious 
that they are "unfit for the offices they hold." 

But, after all, sir, perhaps the Judges mean some other letter from 
some other Freeman to the Congress ; for it is worthy of observation 
that, the Judges have not yet identified any letter from any Freeman 
they did not annex any letter to their Kemonstrance, as they ought to 
have done from motives of but common place regularity in their pro 
ceedings they knew not whether you had ever seen any letter from 
any Freeman to the Congress in their reply, they make a matter of 
doubt of it they even now do not know that you have seen any such 
letter. Yet, these Judges tell you that "your Honor has sufficient evi 
dence to induce you to believe him" meaning myself, "to be the author 
of Freeman s letter;" and that this evidence is taken "from the note 
in page six" of Freeman s letter; but, may it please your Honor, they 
never dreamed of furnishing you with such a letter they, no doubt, 
expected that you would politely dispatch your servants from street to 
lane from alley to court, throughout the town ; to buy, borrow, or pick 
up the only evidence upon which the learned and truly methodical 
Judges grounded their famous Remonstrance ! In short, it is highly 
presumable, the letter which I have seen, is not the same with that from 
which they have quoted; since I cannot find in the nineteenth and 
twentieth pages of the letter which I have, any such passage as that 
which they declare is to be found in those pages, in the letter which 
they mean. And still quoting from their letter, they extract this pas 
sage : "or make him shake from his purpose, when perhaps, those rights 
can be maintained only by a temporal suspension of the rules of Consti 
tutional proceedings ;" but sir, there is no such passage in the Free 
man s letter which I have seen. It is true, there is one something sim 
ilar, because, most of those words are in it; but having the word 
"shrink" instead of "shake," and "temporary" instead of "temporal," 
the sense is utterly different. Thus, it is clear, the Judges and myself 
mean different letters under the same title or, they meant to quote 


fraudulently, to shew off Freeman as a nonsensical and ungrainmatical 
writer or they unwittingly blundered. If the first, they were inexcu 
sably careless; if the second, they were absurdly dishonest; if the third, 
it is a mark of their folly. To which of these cases to impute their 
quotation, I cannot readily determine ; charity induces me to impute it 
to their folly. 

But, Freeman deplored the present practice of appointing to the 
" Council, more strangers from England, than men of rank in the Col 
ony ! Counsellors, because they are sent over to fill offices I" This 
true state of affairs, and this day, so far bears witness of the truth, that, 
there is not a Counsellor now at the table, but, who took his seat there, 
because of the office he holds ; I say, this true state of affairs, the 
Judges term, " contemptuous treatment of Majesty I" by which, they 
say, "the King is pretty severely censured for exercising his undoubted 
right of appointing such Counsellors, as he thinks will give the honestest 
advice, and best assistance to his different Governors. " To this, I 
must beg leave to observe that, if the King thinks such Counsellors 
give the honestest advice, and best assistance to his different Governors, 
he certainly does a very great injury to the colonists, both in and out 
of Council. And in our Council books, names of Americans Caro 
linians, sir ! can be pointed out, who, without any disparagement of the 
officed Councellors present, even adding the Chief Justice to them, at 
least are equal to them, in point of integrity, knowledge, and ability. 
The position laid down by the Judges, only serves to manifest the con 
tempt in which they hold the Colonists. 

But, Freeman, treating of the Quebec Bill, asked, " What greater 
power has the Sovereign at Constantinople over a Province in the East, 
than the Sovereign at London now has over a Province in the West ?" 
At this the Judges exclaim, "can any thing be more contemptuous, 
both to the King and to his people ! to liken a Prince who has ever 
made the rules of the Constitution the measure of his government to 
liken such a Prince, to the despotic Monarch of the Turkish Empire, is 
such an insult as language cannot furnish terms sufficiently strong to 
express it by." The Judges having thus roundly censured Freeman s 
question what stricture will they pass upon the declaration in Congress 
to the same purpose on the 26th of last October ? The deputies then 
declared to the people of Quebec that in "the code lately offered" to 
them, " the substance of the whole, divested of its smooth words, is 
that the crown and its Ministers shall be as absolute throughout" their 
"extended Province, as the despots of Asia or Africa." But Freeman 
is but a single person, and hence the Judges zealous exclamation ! 


Indeed, sir, it is but a mere group of words allow me to sift them by 
the means of a few syllogisms. 

It is an inexpressible insult to the King, to liken him to a despotic 
Monarch. Because, 

The Judges say, the King " has ever made the Rules of the Constitu 
tion the measure of his Government:" 

The despotic monarchs Vespasian, Titus, and Trajan, I say, ever made 
the rules of their Constitution, the measure of their Government : there 
fore it is an insult to the King, " to liken" him to a despotic Monarch ! 

Again. The despotic Monarchy of the Turkish Empire, has produced 
Princes, who governed according to the rules of their Constitution ; and 
have been ranked among the most renowned Sovereigns in Europe : 

The King "has ever made the rules of the Constitution the measure 
of his government;" therefore, it is an insult to the King, to compare 
him to a Turkish Sovereign ! 

But, again. By the laws of Turkey, the Sultan is absolute over the 
Provinces in the East : 

By the Act of Parliament, the King is absolute over a Province in 
the West : 

By the rules of their respective Constitutions, each Sovereign thinks, 
he acquired these absolute powers : therefore it is an inexpressible insult 
to the King, to liken him to the despotic Monarch of the Turkish 
Empire!" , 

This is excellent logic, sir ! the insult to the King, is pointed out in 
a truly inexpressible manner; for in the Judges own words, it "is such 
an insult as, language cannot furnish terms sufficiently strong " (that is, 
clear) " to express it by." However, the Judges say, " every loyal 
British heart, though wounded by the calumny, will vindicate our Sov 
ereign from the foul aspersion." Of this task, these Judges have very 
prudently exonerated themselves their hearts, your Honor knows, are 
Irish. I only mention this to shew how prone these Judges are to 
expose themselves to ridicule. 

But, the reply says, your Honor does not want the aid of a Jury to 
determine upon the conduct of the King s servants ; or to inform you 
when it is proper or improper to dismiss them from their royal master s 
service." " Would Mr. Justice Drayton think it necessary before he 
discharged a bad servant, to have the verdict of a Jury for so doing ?" 
To this, with all due submission, in point of law I rejoin that, your 
Honor cannot legally determine upon my conduct charged with having 
written a libel, but, by "the aid of a Jury" for I am a Freeman. 
Your Honor s power over me is circumscribed by the law ; and, so far 


are you from having lawful power, as yet, to determine upon my conduct 
in this instance ; that, if your Honor was but to say that, I have written 
a libel you would, in point of law, be exposed to an action at law. 
But the question put, relative to my servant, is no less futile than it is 
indecent, to compare a Judge under the English law, to a Carolina slave. 
My servants, sir, are my slaves ; and, I, therefore, can legally determine 
upon their conduct, in all cases, without the aid of a jury ; for, our law 
has not even an idea of determining upon the conduct of a slave, by a 
trial by jury. However, these upright Judges attempt to teach your 
Honor, that the King has as much power to determine upon my conduct 
as I have to determine upon the conduct of my slave. They liken a 
Judge in this country to a slave they being Judges during pleasure, 
profess that the King is their " Master. " A title ! of the most alarm 
ing nature, to the good people of this colony. A title ! by which the 
King is not known in our law. A title ! of mere mockery to his 
Majesty. A title ! which, demonstrating that, these Judgea are prone 
to a servile adulation reflects the utmost infamy upon them. 

So he, who poverty with horror views, 

Who sells his freedom in exchange for gold, 

(Freedom for mines of wealth too cheaply sold) 

Shall make eternal servitude his fate, 

And feel a haughty master s galling weight. 

But the reply says " the third clause of his answer is that, a jury only 
can legally determine, whether the reflections contained in the publica 
tion, have a direct tendency, to raise groundless fears in the minds of 
his majesty s subjects. Our reply is, that, should an action be brought 
against him, to punish him for the crime of libelling, it would be the 
province of a jury to ascertain that point." Does your Honor observe 
how pointed this reply is ! How close it runs with my answer ! It 
runs so close that, there is not any disagreement between them, however 
close the reply is, and however drawn to a point. It puts me in mind, 
of a familiar dialogue in Tristram Shandy. Mr. and Mrs. Shandy, in a 
bed of Justice, were talking of putting Tristram into breeches ; and the 
old gentleman " pressing the point home to her," 

"They should be of leather, said my father, 
They will last him, said mother, the longest. 
Twere better to have them of fustian, quoth my father, 
Nothing can be better quoth my mother. 

Except dimity, replied my father, 

Tis best of all, replied my mother." 


In short, nothing equals the smartness and importance of this reply 
by the Judges, but their astonishing quickness of thought, and deep 
penetration in finding out, and their sagacity in thinking it necessary to 
observe to your Honor that, an " opinion hazarded," is " somewhat 

But, " who that has any real regard to his country ! who that has 
the smallest particle of affection or respect for his Sovereign, would as 
Freeman does in his first pages, compare the present time with the reign 
of Charles the First ? There is not the most distant similitude between 
the two periods." To this I reply, may it please your Honor, there is 
a very striking similitude ; and, although, I shall demonstrate this, from 
facts delivered down by history and recent facts known throughout 
North America ; I shall not be apprehensive that in thus proving Free 
man s position, to be a just description of the present time, that, I shall 
betray a want of regard to my country, or affection and respect to the 

Freeman alludes to the grievances under which the people of England 
labored about the year 1628. The historian, Hume, declares these were 
"illegal taxes," " violation of property," and "billeting soldiers." 

Your Honor knows that America now resounds with the groans of 
the people, that at this time they labor under the same grievances ; 
need I tell your Honor, that by the Tea Act, the Americans complain 
of illegal taxation; by the blockade of Boston, of violation of their 
property; by the act for providing quarters for his Majesty s troops in 
America, of billeting soldiers contrary to law ? 

In the year 1628, the people of England declared such things were 
illegal, because done without the consent of their Representatives of 
their own election in Parliament. 

At this time the people of America, declare such things applied to 
them are illegal, because done by a Parliament in which they have not 
any Representation of their own election or, in the same terms with 
the people of England, because done without the consent of their Repre 
sentatives of their own election in Parliament. 

Is not the similitude between the two periods, close and striking, 
notwithstanding the learned declarations by the Judges "there is not 
the most distant similitude !" Henceforth, can there be any confidence 
in their knowledge, or integrity ! But let us proceed in investigating a 
further similitude. 

From the historian, Hume, Freeman said, that in England in the 
year 1623, "there was reason to apprehend some insurrection from the 
discontents which prevailed;" and that, in America, the present period 


is, "a time threatening, not insurrection from discontents, but a civil 
war from despair." To this the Judges say, " the present unhappy 
discontents/ in America, cannot "be, with any degree of truth, com 
pared to those" during "the reign of the unhappy Charles !" From 
this I comprehend, that the times then, to which Freeman alluded, 
were horrible in comparison of the present but I mean to demonstrate 
the reverse; and this will be self-evident, when I shall have proved 
that the present is a time threatening civil war in America. To this 
purpose allow me to lay before your Honor some extracts from American 
State papers. On the 24th of May last, the Burgesses of Virginia 
declared that the Boston Port Bill threatened u the evils of civil war." 

On the sixth day of September last, the whole people of the county of 
Suffolk, in the colony of Massachusetts Bay, " Resolved, That the for 
tifications begun and now carrying on upon Boston Neck, are justly 
alarming to this county, and give us reason to apprehend some hostile 
intention against that town, more especially as, the Comniander-in-Chief 
has, in a very extraordinary manner, removed the powder from the 
Magazine of Charles Town ; and has also forbidden the Keeper of the 
Magazine at Boston, to deliver out to the owners, the powder which 
they had lodged in the said Magazine." 

In answer to the address of the Selectmen of Boston, General Gage, 
on the ninth of September, replied, "When you lately applied to me, 
respecting my ordering some cannon to be placed at the entrance of this 
town, which you termed the erecting a fortress, I so fully expressed my 
sentiments, that, I thought you were satisfied, the people had nothing to 
fear from that measure, as no use would be made thereof, unless their 
hostile proceedings should make it necessary." 

To the address of the people of Suffolk, the General on the 12th of 
September, replies, "I would ask what occasion there is for such num 
bers going armed, in and out of the town, and through the country, in 
an hostile manner ? or, why were the guns removed, privately in the 
night, from the battery of Charles Town." 

Hence, we see the King s General declare, that he apprehends hos 
tilities from the people the King s subjects ! The General, therefore, 
fortifies advantageous posts we know he collected troops from all the 
colonies he seizes the powder at Charles Town ; nay, his fear of a civil 
war is so lively, that he violates private property, laying his armed 
hands upon all the powder in the Boston Magazine. On the other part, 
the people of Massachusetts Bay refuse obedience to the British laws ; 
and frustrate their operation by their insurrections. Juries will not 
serve under them. Counsellors will not act under them. The Gover- 


nor dares not allow the new modelled legislature to meet. The people 
declare they apprehend hostilities from the King s General \ they there 
fore in great numbers go armed, in and out of the town of Boston, and 
through the country in an hostile manner they seize cannon where 
they can find them we know they daily train themselves to arms we 
know they lay hold of the public taxes. We know, sir, the General has 
declared that the people have assumed the powers of Government inde 
pendently of and repugnant to his Majesty s Government. And, to shew 
that all America are parties to, and approve their conduct, need I tell 
your Honor of the Kesolution of the late Congress of all America from 
Nova Scotia to Georgia ! " that they do approve of the opposition made 
by the inhabitants of Massachusetts Bay, to the execution of the late 
Acts of Parliament , and, if the same shall be attempted to be carried 
into execution by force, in such case, all America ought to support them 
in their opposition !" 

Does not all this demonstrate that, in the language of Freeman, the 
present is "a time threatening civil war!" Is it not a truth, that, 
affairs in America, are tending to a state of utter distraction speedily 
to display the horrors of civil war ! It is a melancholy truth, that our 
times wear all those appearances prognosticating civil war, which ever 
ushered in any civil war ; yet our Judges prefer the present time, to 
that about the year 1628 and they complete their characters, by de 
claring " there is not the most distant similitude between the two 
periods !" 

But, " had Mr. Justice Drayton, sir, attended to the manifest dis 
tinction between an action instituted against an offender in a Court of 
Law, in order to bring him to punishment for his crime, and a com 
plaint made to his Master, representing him as unfit to be continued 
longer in his service;" "he would have seen your Honor s power over 
him, without the intervention of a jury." 

There is no doubt, sir, but that your Honor has power, legally, to 
dismiss me by your free motion ; but, when it has been remonstrated 
to you, by two of the King s Judges, that I have written a libel against 
them, in that case, I do aver, in point of law, that your Honor cannot 
dismiss me upon a determination by your Honor that I did write the 
libel ; for the doing of which only the Judges represented me " as 
unfit to be continued longer in the office of a Judge." Seeing that by 
the law of the land you cannot pass upon me but by due process of 
law ; and I believe these Judges will scarcely be so mad as now to con 
tend that the points whether or not I wrote the publication they lay to my 
charge, and whether or not it is a libel are now in a train of investigation 


by due process of law. That I am the author of the publication, they, 
as Judges, say, " from the note in page 6 there is no room to doubt of 
it, and we expect your Honor will be of the same opinion/ Very 
constitutional doctrine, indeed ! If such evidence only, and no other, 
has been offered to your Honor, is sufficient to condemn a man, and 
upon a criminal accusation too, surely my Lord Coke would never have 
exclaimed, difficillimum est invenire authorem infamatorice scriptures ;* 
for a writer of a libel had nothing more to do than, in some part of it, 
to insert another man s name, intimating such man to be the author. 
Thus the libeller would, not only most easily escape punishment, but 
he might draw down ruin upon the head of his enemy, thus liable to be 
condemned upon the most frivolous evidence. When the blasphemous 
notes on the Essay on Woman, were by the real author, ascribed to the 
Bishop of Gloucester, did any body dream of making use of such evi 
dence to prove, that the Bishop was the author of notes ? But, with 
these things, these Judges are utterly unacquainted, otherwise, weak as 
I hold them to be, I can scarcely suppose they would have been so weak, 
as to have offered a note in a publication, which they term a libel, to 
prove to your Honor, and that so clearly, too, as to leave "no room to 
doubt " that I am the author of it. Here two reflections press upon me; 
allow me to lay them before your Honor. 

When we consider, that these Judges knew the publication was "a 
libel against his Majesty, his Government, his Ministers, and his Parlia 
ment" a publication in a style, as they declare, "sounding the 
Trumpet of Rebellion ;" considering they had in their own hands, such 
evidence as left "no room to doubt" that I am the author of that pub 
lication ; considering their self-declared zeal for the King ; I say, con 
sidering these things, if I may hazard an opinion, is it not somewhat 
surprising, that these "loyal" Judges, "though wounded by the 
calumny," yet that they did not take any step to "vindicate our Sove 
reign from the foul aspersion !" Is it not a little strange, that they did 
not, ex officio, order a prosecution against me, rather than plan a Re 
monstrance to your Honor ! Aye, sir! and to shew that they were "fit 
for the offices" they "hold" rather have ordered a prosecution against 
the printer ! Is not an omission of any step of this sort, a gross failure 
of their duty to their " royal master !" I say, sir ! it is a failure of 
their duty as Judges. They could feel for themselves they could 
complain to your Honor of imagined injuries they could talk of insti 
tuting "a suit against" me " for damages ;" but, may it please your 

* 5 Rep. 125. 


Honor, in the midst of their personal cares, they lost their attention to 
the King s business they forgot, or they designedly neglected to punish 
him whom they declare has libelled the King they took no step to 
" vindicate our Sovereign from the foul aspersion !" Their zeal for the 
King, burst forth indeed, and it was a joint effort ; but it was Vox et 
prceterea nihil! 

Having thus arraigned and tried these Judges, I now draw to the 
conclusion of the scene, to pronounce the law upon their conduct. 

As a barrier against the oppressive steps of the Remonstrants, and in 
opposition to their crude dictums, I place the laws of our country. I 
shall state two points of law to your Honor either of which, with all 
due submission I say it, must be fatal to their proceedings. 

Your Honor will be pleased to observe, that the special matter, or 
complaint contained in the Remonstrance is, that Freeman s letter to 
the Deputies is " highly injurious to your Remonstrants" by represen 
tations therein set forth. To this special matter I formed an answer, 
to which they put in a reply stating new matter of complaint against 
me. To shew that I have not the smallest particle of affection or 
respect for the King, they say, Freeman compares "the present time 
with the reign of Charles the First." To shew my contempt "both for 
the King and his people," they say, Freeman likens the King, to the 
"Monarch of the Turkish Empire." No part o this special matter 
appears in the Remonstrance. However, I am not surprised that such 
positions, among many others which are similar, appear in the replication. 
In stating such things, I will charitably suppose, it may be probable, 
the Judges thought, they did right; but, sir, Mr. Justice Blackstone 
declares such a proceeding is wrong. Treating of pleading, he says "it 
must be carefully observed not to depart, or vary from the title or 
defence, which the party has once insisted on. For this, which is 
called a departure in pleading, might occasion endless altercation. 
Therefore, the replication must support the Declaration without depart-^ 
ing out of it." Thus, sir, it appears, that the Judges in stating new 
matter in the reply, have made a departure in pleading ; and I now beg 
leave to lay before your Honor, the law upon that point. 

It is laid down 36 Henry 6 : 30. "If the Plaintiff, in his suit de 
parts against the party, he shall abate his own writ." Such being the 
law, upon a departure in pleading, I am now to demonstrate, that it is 
applicable to the present case. The Remonstrance, is the writ or decla- 
tion, stating the complaint ; and the replication must support the Re 
monstrance, without departing out of it; but the judges, who in this 
case are the Plaintiffs, having in their suit departed against the party, 


by consequence in point of law, they " shall abate their Remonstrance, 
which in the present case, is in place of their "own writ." 

It is true, the Judges in their reply, tell your Honor, that "was this 
a prosecution in a Court of law," in point of law, I "would be right;" 
but that my law is not applicable to the present prosecution ; yet I trust 
your Honor will remember, this latter part, is in effect, contradicted, 
retracted and destroyed in the latter part of their reply. There, indeed 
they make a faint attempt to ridicule me, little imagining, that I should 
be able to turn that very ridicule against themselves ; but I shall now 
precipitate them into their own pit. 

In my answer, may it please your Honor, in general terms, I sub 
mitted to you, that, " in this case," " the laws and constitution, have 
not vested in your Honor, an original jurisdiction " "so as to hear, 
Judge, and finally determine the merits of the Remonstrance;" and 
under such an idea, I confess, I did not think myself bound to observe 
any particular rule, by which I should form my answer. On this ground, 
the Judges, in the latter part of their reply, in ridicule, call me "a 
special pleader." They say, my method "is new, and is an inversion 
of all the rules of law pleadings." And they tell your Honor the form 
of proceedings before you in the present case, ought not to be exactly 
the same, as in a Court of law ; for they, in express terms, lay down 
the method of pleading, which I should have observed. Hence, I form 
this conclusion, in which, I think your Honor cannot differ with me. 
As the Judges have declared and pointed out, that the method of plead 
ing before your Honor ought to be the same, as that which is used in a 
Court of Law ; so they cannot, at least with any shadow of decency, 
object to the pleadings before your Honor, on their part, being regulated 
by those rules, which regulate pleadings in a Court of Law. Thus, I 
do most humbly submit to your Honor, that the learned and able Judges 
have made a departure in pleading, and therefore, they have abated 
their Remonstrance. In the language of the reply " the student who 
reads with attention, will go to the bottom," and " will consider every 
circumstance ; " we are yet to know that the Judges ever were such 

But, may it please your Honor ! I do not wish to press the point, 
touching the abatement of the Remonstrance. I feel some compassion 
for the Judges I will not grasp at every opportunity, to cover them 
with ridicule. I, therefore, proceed to the second point of law, which I 
purposed to state to your Honor. 

The Remonstrance describes Freeman s letter to be a libel it declares 
I am " the author of it," and, therefore, it submits to your Honor, 


whether I am " a proper person to serve " "in the office of a Judge/* 
In my answer, I stated, that your Honor had not legal power " to hear, 
judge and finally determine the merits of the Remonstrance." And in 
their reply, the Judges say, that Freeman s letter " is according to 
every legal idea, a libel against his Majesty, his Government, his Min 
isters, and his Parliament, we humbly submit to your Honor s wisdom 
and judgment. " But sir ! although, to use the language of the Re- 
monstance, the King s Judges are willing a to increase his power, at 
the expense of his subject s rights;" and thus, as an offering of sweet 
savor, to the prerogative to sacrifice the trial by Jury, "the best pre 
servative of English liberty," as Mr. Blackstone terms it; yet, sir! the 
laws of the land have not, as yet, submitted it " to your Honor s wis 
dom," legally to give "judgment," that Freeman s letter is a libel, and 
that I wrote it. Such were the two points to be legally established, 
before any consideration could be had upon the third point the sus 
pension to which the Judges alluded. Hence, if I shew to your Honor, 
that you cannot constitutionally take cognizance of the first two points, 
it will then naturally follow, that the third cannot be a point for your 
consideration, in consequence of the Remonstrance. And that your 
Honor cannot legally determine upon the first two points, allow me to 
shew from the authority of the 29th Chapter of Magna Charta. 

" No one shall be taken, or imprisoned, or deprived of his freehold, 
or liberties, or free customs, or be outlawed, or banished his country, or 
in any sort destroyed ; nor will we pass upon him, or condemn him un 
less by lawful judgment of his Peers, or according to the law of the 

Upon parts of this Statute, allow me also to lay before your Honor, 
my Lord Coke s reading. 

Or outlawed. " Put out of the law or deprived of the benefit of 
the law." And shall I enjoy the benefit of this law, if upon an accu 
sation against me of a criminal nature, your Honor shall " pass upon " 
me independently of a trial by jury ? 

Or in any sort destroyed. Suffer " by any manner of means tending 
to destruction, and every oppression against law, is a kind of destruction." 

Or, according to the law of the land. " Due process of law." And 
if your Honor should now "pass" upon the question, whether I am 
guilty of the charges against me, which appear in the Remonstrance, 
would your Honor in doing so, pass upon me by due process of law ? 

I most humbly apprehend, no ; and I trust your Honor has too much 
learning, too much virtue, too great veneration for the sovereign laws 
of your country, to be induced to violate the great charter of our lib- 


erties. That charter speaks in the person of the sovereign; you, sir, 
have the honor to represent the sovereign ; therefore, in the words of 
the charter, I am confident you will not " pass upon " me, " unless by 
lawful judgment of" my " peers, or according to the law of the land." 

Upon the whole, may it please your Honor, Magna Charta, thus se 
curing to the subject a trial by jury, I cannot entertain an idea that 
your Honor will take any step to judge, in the present case, inde 
pendently of a trial by jury. The learned Blackstone says, " every new 
tribunal erected for the decision of facts, without the intervention of a 
jury, is a step towards establishing aristocracy, the most oppressive of 
absolute governments." The learned Judge proceeds, and I need not 
press the doctrine upon your Honor : "It is, therefore, a duty which 
every man owes to his country, his friends, his posterity, and him 
self, to maintain, to the utmost of his power, this valuable consti 
tution in all its rights ; to restore it to its ancient dignity, if at all 
impaired; to amend it whenever it is defective; and, above all, to 
guard, with the most jealous circumspection, against the introduction 
of new and arbitrary methods of trial, which, under a variety of plau 
sible pretences, may, in time, imperceptibly undermine this best pre 
servative of English liberty." 

Upon such principles of law, I do most humbly submit to your Honor 
that the present prosecution, carried on by the remonstrating Judges, 
tends to establish a " tribunal for the decision of facts without the in 
tervention of a jury; that such a daring attempt "is a step towards 
establishing " among us " aristocracy, the most oppressive of absolute 
governments ;" that therefore, the conduct of these Judges ought to 
be watched " with the most jealous circumspection;" and that their 
Remonstrance ought to be dismissed as being calculated insidiously to 
undermine the trial by jury the Palladium of American liberty. 

CHARLES TOWN, S. C., Monday, Feb. 13, 1775. 
This day his Majesty s Council, consisting of three Placemen, pre 
sented the following Address to his Honor the Lieutenant-Governor. 
To the Honorable William Bull, Esg., Lieutenant-Governor and Com- 
mander-in- Chief y in and over his Majesty s Province of South Caro 
lina : 

MAT IT PLEASE YOUR HONOR : His Majesty s dutiful and faithful 
subjects, the Council of this Province met in General Assembly, with 
reluctance approach your Honor on a subject of so disagreeable a nature 


as a complaint against one of their Members, the Honorable William 
Henry Drayton, Esq. 

Although the general tenor of Mr. Drayton s conduct for a consider 
able time past would not only have justified, but seemed to call for a 
representation from this House, to your Honor ; yet anxious to avoid 
every measure which might appear to have a tendency to infringe upon 
the rights of an individual, or the privileges of a Member, we have 
hitherto delayed to lay before your Honor our just cause of complaint, 
and have submitted to many insults and indignities offered to individual 
Members, as well as outrageous breaches of privilege committed against 
this House. 

But as we are now thoroughly convinced that Mr. Drayton s conduct 
has been, and still continues to be influenced by a determined purpose, 
as far as in him lies, not only to destroy all confidence of the people in 
this House, and to bring it into contempt, but to subvert the Constitu 
tion and unhinge government, to be longer silent would be highly crim 
inal ; and we conceive ourselves bound both by principles of duty and 
affection to his Majesty, and justice to ourselves, humbly to request 
your Honor will be pleased to suspend the Honorable William Henry 
Drayton, Esq., from being a Member of his Majesty s Council in this 

In the Upper House of Assembly, the llth day of February, 1775. 
By order of the House, 


To which his Honor the Lieutenant-Governor, was pleased to give the 
following answer : 

HONORABLE GENTLEMEN : Before I take any step in consequence of 
this address, I desire you to lay before me some of the facts upon which 
your complaint against Mr. William Henry Drayton is founded ; and 
upon due examination thereof, and of his answer, I shall take such 
measures as are agreeable to justice, and for the service of his Majesty. 


Feb. 13, 1775. 

Before signing the above address, Mr. Drayton claimed leave to enter 
his protest against it, which is as follows : 

Dissentient: Because the Hon. John Stuart, Esq., Superintendant 
of Indian Affairs, being a Counsellor, not vested with the powers of the 
ancient twelve, ought not to have any precedence among Counsellors 
upon that establishment, vested with superior powers ; and therefore, 


ought not, as eldest Counsellor present, to sign any paper in Council ; 
an act manifesting a possession of superior rank. Mr. Stuart is incapa 
ble, as eldest Counsellor, of taking rank as President and Commander- 
in-Chief of the Colony; and, in my opinion, this incapability and the 
appointment to the Council in each Colony in which he is Superinten- 
dant, obviously demonstrate, that the appointment was calculated to 
enable him the better to execute the duties of his office, and not in 
tended to authorise him constantly to interfere in the merely domestic 
Legislative affairs of any such colony, in which, the nature of his office 
or pleasure should, at any time, make his presence necessary or con 

2. Because, I am of opinion, the address haying a direct " ten 
dency to infringe upon the rights of an individual," and " the privileges 
of a Member," is therefore, arbitrary, unparliamentary, destructive of 
freedom of speech, derogatory to the ancient Dignity of the Council, and 
a contemptuous insult to the people of this colony. 

3. Because, I have just grounds to be assured, the measure will not 
only " destroy all confidence of the people in this House, and bring it 
into contempt " (to effect which, the address declares I am with " a 
determined purpose ;" and to prevent which, I even here give evidence 
that I aim ; although the House have been losing that confidence, and 
have been falling into contempt, in proportion to the increase of Place 
men in it, and display of their dependance and abilities), but that it will 
otherwise be detrimental to his Majesty s real service ; inasmuch, as the 
natives of this colony will be greatly discouraged from serving his 
Majesty and the public in a Council, from which, they would run the 
hazard of being suspended, even by the machinations of three members 
who are Placemen. Indeed, already are natives almost totally discour 
aged from sitting in Council ; and this is manifest when we reflect that 
there are only eight Counsellors in the Province, of which number, five 
are not only Crown Officers, but strangers. 

4. Because the complaint being only of a general nature, it is t<5 be 
presumed, nothing in particular could be stated; and therefore, in my 
opinion, the address must be considered as of a very frivolous nature. 

5. Because the address bearing a position inconsistent with matter of 
fact, it will reflect the utmost infamy upon the Chief-Justice who intro 
duced it ; a load which I could wish him to avoid, possessed as I am, 
with a zealous inclination to promote his Majesty s real service, too liable 
to be impeded by public odium against an officer acting under a total 
loss of reputation. The address asserts, that " the general tenor of Mr. 
Drayton s conduct for a considerable time past " shews that he " has 
been, and still continues to be influenced by a determined purpose as 


far as in him lies/ u to subvert the Constitution and unhinge Govern 
ment / hence, by not having limited the retrospect, the assertion most 
strongly insinuates, that my conduct has been of such a dangerous tenor 
even during several years. But this is an assertion, which not only 
wantonly, but disrespectfully militates against the truth, evidenced by 
his Majesty s royal sign manual and Privy Seal on the 27th day of 
February, 1771 ; when the King was graciously pleased to declare him 
self, " well satisfied with the loyalty, integrity and ability of our trusty 
and well beloved William Henry Drayton, Esq.," meaning myself; and 
also, by royal letters patent, under the great seal of this Province, so 
late as the 25th day of January, 1774, declaring my loyalty, integrity 
and ability, and constituting me to be one of the Assistant Judges of 
this colony ; an office which I possessed until the ninth day of Decem 
ber last, when to make room for a gentlemen sent from England, and 
regularly called to the bar, I was superceded without the least censure, 
notwithstanding a most violent complaint by the Chief Justice to his 
Honor the Lieutenant-Governor, against me, touching an anonymous 
publication addressed to the late Continental Congress. Which com 
plaint, notwithstanding my most pressing instances, that it should be 
brought to issue, was on the sixth day of January last, by unanimous 
advice of a Council composed entirely of Crown Officers, " dismissed 
without any censure upon any of the parties." 

6. Because the address is improper even in its main purpose ; for as 
it charges me with " a determined purpose to subvert the Constitution 
and unhinge Government/ if I am guilty, a suspension is a punishment 
by no means adequate to the offence. In my opinion as the Chief Jus 
tice knew the man possessed of " a determined purpose," so criminal 
and so dangerous, for him to allow that man to continue uninterrupted 
by the due course of law, was to betray the trust reposed in him by the 
King. For the Chief Justice would have demonstrated his duty to the 
King, and his own knowledge and abilities as a Judge, had he, ex 
officio, ordered a prosecution to bring me to condign punishment, rather 
than by having planned an address to move the extraordinary powers 
of Government to inflict a slight punishment. The rule, nee Deus in- 
tersitj nisi dignus vindice nodus is as applicable to the political as it is 
to the poetical drama. Upon the whole, but for the reasons assigned, I 
should have been extremely well pleased with the address, because in 
my opinion it bears honorable testimony of me. The Placemen in 
Council declare, that I have "a determined purpose to subvert the 
Constitution/ hence I am confident, the people will be assured that I 
am really defending it with vigor. 




The Committee to whose consideration the answer of his Honor the 
Lieutenant-Governor to the address of this House dated the llth instant, 
was referred, Report : 

That your Committee recommend to the House to lay before his 
Honor the Lieutenant-Governor, the following instances of Mr. Brayton s 
conduct, which, amongst many others, in the opinion of the House, have 
evinced his intentions, as far as in him lay, to destroy all confidence of 
the people in this House and to bring it into contempt. 

That Mr. Drayton by entering captious and frivolous Protests against 
the proceedings of the House, and therein misstating the arguments used 
by the Members of the House, and suggesting as reasons for the foun 
dation of the determinations of the House, matters, which though per 
haps taken notice of in the debate, have had no influence upon the 
question, and afterwards causing the same to be printed in the public 
newspapers, without the leave of the House, has thereby been industri 
ously endeavoring to destroy all confidence of the people in this House 
and to bring it into contempt. 

That Mr. Drayton s enmity and ill-will to a particular Member of this 
House, has frequently prompted him to throw out very illiberal charges 
and invectives against that Member, entirely out of the course of order, 
and in manifest violation of these rules of decency and moderation, 
which are essentially necessary to be observed by all deliberative assem 
blies ; and that by retailing, without doors, what, upon these occasions 
has passed in the House, he has endeavored to bring the House into 

That Mr. Drayton not only without doors but in the face of the 
House, has declared that this House is no Branch of the Legislature, 
grounding his extraordinary assertion on this extraordinary reason, 
because his Majesty hath not, hitherto, been pleased to give any answer 
to the address of this House, dated llth September, 1773, or to a peti 
tion presented to him at the desire of the Commons House of Assembly 
by Charles Garth, Esq., Agent for this Province, complaining of the 
conduct of some of the Members of this House for acts done in their 
Legislative capacity, although your Committee are well assured that his 
Majesty s Ministers have informed Mr. Garth that he would not be 
permitted to be heard upon such parts of the said petition as tended to 
call in question the Legislative authority of this House, and although 


Mr. Drayton about eleven months ago, was very instrumental in procur 
ing a Resolution of the House, that the said petition was absurd, false, 
unparlimentary and unconstitutional, and was a scandalous libel upon 
the Upper House of Assembly of this Province, tending to destroy the 
ancient Constitution of this government, and that the said Mr. Garth 
by presenting the said petition had been guilty of a breach of the priv 
ileges of this House and had done what in him lay, to overthrow one of 
the branches of the Legislature of this colony, and betrayed the trust 
reposed in him by the General Assembly. 

That Mr. Drayton in the face of the House* avowed himself to be 
the author of a pamphlet published here, entitled "A Letter from 
Freeman of South Carolina to the Deputies of North America assembled 
in the High Court of Congress at Philadelphia," which pamphlet your 
Committee have annexed to their Report, and recommend, that it be 
laid before the Lieutenant-Governor and submitted to his Honor s con 
sideration, whether the author thereof is a proper person to be longer 
continued a Member of his Majesty s Council in this Province. 

Your Committee are persuaded from the knowledge they have of his 
Honor, the Lieutenant-Governor s tender regard for the privileges of 
this House, that he does not expect the House should lay before him 
any of those breaches of privileges mentioned in the address as they are 
subjects of which the House alone is competent to judge. 

Nor can your Committee recommend to the House to lay before his 
Honor, unless he should more particularly desire it, any other facts 
which induced the House to charge Mr. Drayton with endeavoring to 
unhinge the Government and subvert the Constitution, because they 
are facts of so serious and important a nature, that your Committee are 
of opinion, any discussion or examination of them except in a formal 
judicial manner, would be very improper, and that it is the less neces 
sary, because they are facts of such public notoriety that your Committee 
apprehend they cannot be unknown to any intelligent person in Charles 


In the Upper House of Assembly, last Wednesday, the twenty-second 
of February, upon the question whether the House agreed to the re 
port of the Committee, to whom was referred the answer of his Honor, 

* This was done after the motion for the address, and therefore cannot be one of the 
facts upon which the address was grounded. 


the Lieutenant-Governor, to the address of that House, dated the 
eleventh instant, desiring the suspension of the Honorable William 
Henry Drayton, Esq., from being a member of Council, the following 
protest was made dissentient : 

Because, without particularizing the many objections to which the 
report, in our opinion, is justly liable, it being unparliamentary in al 
most every line, confining ourselves to state only two objections, we 
deem these to be of such a nature as even with them alone to justify 
our disagreeing with the report. In the fourth section, there is a cul- 
pableness stated to be in the assertion "that this House is no branch 
of the Legislature," because " his Majesty hath not hitherto been 
pleased to give any answer to the address of this House, dated eleventh 
of September, 1773. " Now, as we know this address did most respect 
fully and earnestly complain to his Majesty of what this House deemed 
a most dangerous adjudication, that this House was no Upper House of 
Assembly and branch of the Legislature, and a most dangerous viola 
tion of their privilege, by the discharge of a person committed by their 
warrant for a contempt ; so we cannot see any impropriety in the asser 
tion grounded upon such a reason ; for we naturally conclude, his Ma 
jesty s silence is out of tenderness to this House, unwilling to refuse 
totidem verbis, what he does not think proper to grant ; thereby plainly 
indicating his royal sense of the address, in effect tacitly telling us Le 
Roi s avisera; the mild mode in which a British Sovereign refuses 
these Parliamentary applications, which in his royal wisdom he deems 
improper. For, had his Majesty, counselled by his learned Judges, 
thought this House an Upper House of Assembly and a branch of the 
Legislature ; we assure ourselves, a Sovereign, as he is, of a " Resolu 
tion to withstand every attempt to weaken the supreme authority of this 
legislature," meaning of Great Britain (a sentiment expressed in the 
King s late speech in Parliament), would in the course of sixteen 
months, not only have displayed his design " to withstand every attempt 
to weaken the legal authority of this legislature" equally the object of 
his Royal care ; but would have taken such Constitutional measures, as 
might have tended to preserve to this House, their just rights ; and to 
secure them from being exposed to a repetition, of that breach of their 
privilege, of which they did most humbly complain ; and against which 
they did most earnestly desire his Majesty s support. 

2. Because, we are so far from thinking, the author of the " Letter 
from Freeman of South Carolina to the Deputies of North America," 
ought to be deemed unworthy of being continued a Member of this 
House ; that on the contrary, we are most firmly of opinion, his dismis- 


sion must be considered as a most arbitrary proceeding a violation of 
the constitutional rights of the people ; and that a seat in this House, 
upon a tenure of so arbitrary a nature, cannot be worthy the attention 
of an independent American. 





[MSS. of W. H. Drayton.] 

To the Secretary of State : 

MY LORD, It is with equal confidence of the rectitude of my con 
duct, as it is with the most profound respect, that I beg leave to request 
your Lordship s attention ; nothing disheartened to do so by the cause 
which brings me into your presence ; unfavorably as, at the first impres 
sion, it may naturally induce your Lordship to look upon me. The 
having been suspended from my seat in Council, without doubt gives 
your Lordship an idea that my conduct has been criminal ; and that it 
is a mark of my being considered as unworthy of serving the King and 
my country even in a station of no profit and much trouble. It is to 
endeavor to prevent your being confirmed in this idea my Lord, that I 
now do myself the honor of addressing your Lordship upon a subject, 
which, otherwise I should not have agitated beyond the Atlantic. 

My Lord, the address for my suspension, was the contrivance of only 
three Crown Officers in a Council in which I was the only Carolinian ; 
the address was the deliberation but of five minutes. The other Crown 
Officers acceded to the subsequent Report, and it was in vain, that all 
the Carolinians opposed a rash measure, which cannot but be fatal to the 
credit, and, in all probability, to the claim of the Council as a branch of 
the Legislature. Your Lordship will see that the facts upon which the 
complaint is founded, and which in my representation to the Governor 
I have compressed into four articles, respect only my speech, conduct, 
and proceedings charged as in the Upper House of Assembly. 

But my Lord because my protests are said to be " captious and frivo 
lous, misstating the arguments used by the Members;" because I am 
said to have an "ill will" to a particular member, and to throw out 


invectives against him entirely out of the course of order; because I do 
not think the Council are a branch of our Legislature ; because in the 
House I avowed that I arn the author of Freeman s letter ; I say my 
Lord because these things are charged, are they to be considered as 
undoubted facts; and, unheard, am I to be held guilty ! and is it because 
of either of these four grounds of accusation, or even because of them 
collectively, that my suspension is to be confirmed ? I say my Lord, it 
does not require any extraordinary degree of comprehension to under 
stand, that a confirmation of my suspension amounts to an express adju 
dication by the Crown, that the Council are not a branch of our Legisla 
ture. For I trust, your Lordship has too much discernment not to see 
even at a first glance, that the facts upon which the charge is founded, 
are of such a nature, that if the Council are a branch of our legislature, 
by privilege of Assembly, these facts must be exempted from the inqui 
sition of the Crown. 

I must observe to your Lordship, that the " ill-will " mentioned in 
the Report, is as from me to the Chief Justice ; this, at any rate, is a 
mere private affair, and demonstrates that good sense was but little 
concerned in the formation of this stale accusation. But, my Lord, 
may I not ask, is not the Chief Justice s ill-will to me, much more con 
spicuous than mine (if it is true that I have any) has been against him ? 
Need I mention his foiled attempt to thrust me from the Bench, by a 
Remonstrance to the Grovernor against me as the author of Freeman s 
letter ; and this too, my Lord, at a time when he knew that Mr. Gregory 
was actually appointed to fill my seat, and would arrive here in two 
months ; did not so much impatience to get rid of me mark some ani 
mosity and ill-will ? Need I mention the present address composed and 
moved for by him to drive me from the Council board ? In truth my 
Lord, wherever I am seated as his equal, my presence gives him pain. 
Upon the Bench, in cases merely meum et tuum juries found upon my 
direction in point of law in contradiction to his and his brethren. In 
Council I daily detected his ignorance in the law of Parliament. As a 
proof of this, I only beg leave to refer your Lordship to the address 
and report, which, as a Parliamentary machine, he constructed to effect 
my removal ; but he has constructed it of such materials, that if the 
Council are an Upper House of Assembly, these materials must be en 
titled to privilege, and therefore incapable of effecting his purpose. 
Besides my Lord, does it mark his abilities, even as a common Attorney, 
to state my protests as criminal, without ascertaining the passages that 
are exceptionable; or to arraign me for having thrown out " illiberal 
charges and invectives," without stating the words and time when 


spoken. Did he not know that general charges are always sufficiently 
answered by general denials ? But was it even possible, my Lord, that 
I could enter into a justification of words, sentiments, and invectives not 
specified and set forth ! Pardon so many questions, my Lord, but is it 
not a public grievance ; even but to see so superficial a gentleman in the 
important station of Chief Justice ! But, independently of these evident 
marks of inability, what will be said to his violating the law, in order to 
carry a party point ? I beseech your Lordship to attend to that part of 
my representation to the Governor, which I calculated expressly for 
your Lordship s notice. Can any thing be more glaring than the Chief 
Justice s contrasted conduct relative to Sir Egerton Leigh and myself? 
In one of those cases, the Chief Justice must have violated the law of 
the land, and have trampled upon the rights of the subject. How long, 
my Lord, is such a Judge to have an opportunity of repeating so crimi 
nal a conduct ! If in so momentous an affair, a Judge demonstrates 
that he does not regard even his own recent adjudication; is it not 
reasonable to conclude, that the same man, in cases of property will 
adjudge a point of law under the influence of private friendship, hatred, 
or pecuniary consideration ? But with regard to that last accusation 
declaring my purpose " to subvert the Constitution, and unhinge gov 
ernment/ that is, to overthrow a door, and then to unhinge it; the 
facts of which accusation, they say, are of so important and serious a 
nature, " that any discussion or examination of them, except in a formal 
judicial manner would be very improper," especially " because they 
cannot be unknown to any intelligent person in Charles Town/ Inde 
pendently of this substantial reason for not divulging what was already, 
as they say, notorious ; is it possible, my Lord, that already we see the 
time, when Officers under the British Crown dare to accuse an Ameri 
can in such sort, as to incapacitate him from forming a defence? They 
accuse me of a purpose to unhinge Government, and they call for a cer 
tain punishment upon me. The Governor in the most particular man 
ner, called upon them to state some of the facts upon which they founded 
their complaint ; they reply, that " unless he should more particularly 
desire it," they ought not to lay before him the most " serious and im 
portant." Had the English Judges in Canada, my Lord, formed such 
an accusation, and demanded that the party should upon such concealed 
evidence be deemed guilty, and punished accordingly ; such a proceed 
ing might have been justified perhaps by the practice in France ; but is 
it possible, my Lord, that in this country so far distant as it is from 
Canada, and under so excellent a Prince as our most gracious Sovereign, 
and in your Lordship s administration, two Judges, Mr. Gordon and Mr. 


Gregory, shall with impunity accuse an English subject upon principles 
which regulate accusations even in the Courts of the Holy Inquisition, 
where the " serious and important" facts upon which the charge is 
founded are concealed from the accused ! Are Judges in America to 
be encouraged to accuse and to arraign an English subject upon, and to 
call for his punishment unless he can defend himself against an accusa 
tion founded upon concealed facts and evidence ! If I understand your 
Lordship s character aright, this conduct in a part of the British terri 
tory under your peculiar care, cannot pass with impunity. 

However, my Lord, facts that are " so serious and important," and 
that " cannot be unknown to any intelligent person in Charles Town," 
will undoubtedly be laid before your Lordship by the Governor ; and of 
whatever nature these may be, I have a confidence, that your Lordship 
will not condemn me unheard. In the mean time, I will candidly 
acquaint your Lordship, that I have a seat in our Provincial Congress, 
where I assisted in approving the proceedings of the late General Con 
gress, and in contriving ways and means to carry them into execution, 
in order to restore harmony between Great Britain and the Colonies. 
But, my Lord, if thus to join one s country in a Constitutional Assem 
bly, of which there can now be no doubt, as his Majesty has received 
the Petition from the late General Congress; I say, my Lord, if this is 
to work a disqualification to serve the State as a Counsellor ; it is to 
exclude from the Council almost every man of consequence among us ; 
and that your Lordship should not be deceived on that head, I most 
humbly present your Lordship with a printed list of our Congress, not 
doubting but that your conduct will be justly uniform. 

Upon the whole, my Lord, as the Governor is my uncle, my respect 
and attachment to him is superior to any inclination in me of wishing to 
have a chance of triumphing over the Chief Justice in this case, by 
pressing any argument against a confirmation of the suspension. I am 
content that in my person, the Governor has given so distinguished a 
proof, that his merits are infinitely beyond his rewards from administra 
tion ; and that no family consideration can make him swerve even from 
what might only be thought to be his duty to the King. All the Crown 
Officers in Council accused me of a purpose to unhinge government 
they produce some evidence as they think they tell him the most 
" serious and important ought not to be mentioned but in a judicial 
manner " the times are critical the Governor could not but suspend, 
lest he should be thought wanting in his duty to the Crown. 

This my humble address to your Lordship, an address from an accused 
and an injured American to a great Minister as Secretary of State, and 


first Lord Commissioner for Trade and Plantations is calculated to stew, 
that I am not a Criminal subject, and that there is no fact adduced to 
prove that I am unworthy of serving the State under the Royal Manda 
mus. To do this, is but to discharge a duty I owe to myself. But, my 
Lord, I am very far from pressing one argument against a confirmation 
of my suspension ; I feel myself incapable of wishing to obtrude myself 
into the Royal service. As your Lordship is now fully possessed of the 
whole subject, I do not mean to lay any other representation before the 
Right Honorable the Lords Commissioners. For, confiding in my not 
having done any thing unbecoming an American, I rest my seat in 
Council upon a tenure I think secure the good sense and spontaneous 
justice of your Lordship, in discerning, and in laying a just state of the 
case before their Lordships, and in making a proper report to his 

Resolved to be perfectly ingenuous with your Lordship, I cannot but 
inform you of two particulars of my conduct subsequent to my suspen 
sion. One, that I have laid a Memorial upon that subject before the 
Assembly, asking this question, whether a Council, in which, in my 
person, there is full proof, that no freedom of debate and no privilege in 
legislative affairs are allowed, can be looked upon as a branch of our 
legislature ? The other particular is, that lest the public should have 
any idea that my suspension flowed from any unworthy conduct in me, 
I have addressed myself to the Freeholders of the Colony ; and while I 
laid before them the proceedings relative to my suspension, I, at the same 
time, gave them an historical outline of the Council from the first set 
tlement of the Province, and as many arguments, and as much law, as 
might tend to shew that the Council are not a branch of our legis 

I have the honor to enclose this performance to your Lordship, and I 
doubt not, but that it will throw such lights upon the question, as your 
Lordship, being engaged in meditating upon more important affairs, it 
could not be expected they, of themselves, would have attracted your 
attention ; especially, too, as the history is local and but little known 
even here } and the law upon the point must be adapted to the nature 
of the subject, of inferior consequence amid the great affairs under the 
attentive inspection of your Lordship. 

If I have treated the subject of this letter, with that freedom which 

naturally attends common sense, independently, et mens sibi conscia 

rectij I also have aimed at addressing myself with all due respect to 

your Lordship ; for, my Lord, no man can be more sensible than myself 



of the vast space between your Lordship s station in life, and that occu 
pied by the person, who with the most profound respect has the honor 
to subscribe himself, 
My Lord, 

Your Lordship s most obedient, 

and most humble servant, 

CHARLES TOWN, South Carolina, March 15, 1775. 


[On his Majesty s service.] 
CHARLESTON, March 1st, 1775. 
To the Honorable William Henry Dray ton, Esq. 

SIR : By virtue of the power, with which his Majesty has been 
pleased to entrust me, I do hereby suspend you from being a member of 
his Majesty s Council for this Province, until his Majesty s pleasure 
shall be known thereupon. And I shall take the earliest opportunity of 
transmitting to the Lords Commissioners for Trade and Plantations, the 
Address and papers relative thereto ; in order that they may be laid 
before his Majesty, for his royal consideration. 
I am, Sir, 

Your most obe. humb. servt. 



[From the Original Papers.] 

WALLINGFORD, Monday morning, April 24, 1775. 
DEAR SIR: Col. Wadsworth was over in this place most of yester 
day, and has ordered twenty men out of each company in his regi 
ment some of which have already set off, and others go this morning. 
He brings accounts, which come to him authenticated, from Thursday 

* See Journals of the Commons-House of Assembly of South Carolina, for 1775, 
page 66. 


in the afternoon. The King s troops being reinforced a second time, 
and joined, as I suppose, from what I can learn, by the party who were 
intercepted by Colonel Gardner, were then encamped on Winter Hill, 
and were surrounded by twenty thousand of our men, who were 
entrenching. Colonel Gardner s ambush proved fatal to Lord Percy 
and another general officer, who were killed on the spot at the first fire. 
To counterbalance this good news, the story is that our first man in 
command (who he was I know not) is also killed. It seems, they 
have lost many men on both sides. Colonel Wadsworth had the ac 
counts in a letter from Hartford. The country beyond here are all 
gone off and we expect it will be impossible to procure horses for our 
waggons; as they have or will, in every place employ themselves all 
their horses. In this place, they send a horse for every sixth man, 
and are pressing them for that purpose. I know of no way, but you 
must immediately send a couple of stout able horses, who may overtake 
us at Hartford possibly; where, we must return M. Noy*s and Meloy s, 
if he holds out so far. Remember, the horses must be had at any rate. 
I am in the greatest haste, your entire friend and humble servant, 


N. B. Col. Gardner took nine prisoners, and twelve clubbed their 
firelocks, and came over to our party. Colonel Gardner s party, consis 
ted of seven hundred, and the regulars eighteen hundred, instead of 
twelve hundred, as we heard before. They have sent a vessel up 
Mystick River as far as Temple s Farm, which is about half a mile 
from Winter Hill. These accounts being true all the King s forces, 
except four or five hundred, must be encamped on Winter Hill. At 
the instance of the gentlemen of Fairfield, just departed from hence, 
this is copied verbatim from the original, to be forwarded to that town. 


New Haven , April 24, half-past 9 o clock, forenoon. 


Fail -field , April 24, 3 o clock, afternoon. A true copy, as received 
per Express. 



Nawalk, April 24, 7 o clock, afternoon. A true copy, as received 
per Express. 

JOHN HAIT, jr., 

Greenwich, April 25, 3 o clock, morning. The above is forwarded 
to the Committee of Correspondence, at New York. 


A true copy, received in New York, 2 o clock, P. M., Tuesday, April 
25, 1775. 

A true copy, received at Eliz-Town, 1 o clock in the evening; Tues 
day, April 25, 1775. 


Chairman of the Committee, 

A true copy, received at Woodbridge, 10 of the clock, in the evening, 
Tuesday, April 25, 1775. 


Three of a Committee. 

The above received at New Urunmoick, the 25th April, 1775, 12 
o clock at night. 


* No signature appears here for New York, and it is accounted for in this manner. 
Mr. Lockwood s letter, and all the signatures after it down to Baltimore are written in 
one hand writing on a sheet of paper j hence it is probable, the papers with the ori 
ginal subscribers, were withholden at Baltimore, and were copied there on that sheet 
of paper ; in doing which, they omitted inserting the subscribers at New York. From 
Baltimore, inclusive, the subscribers names to the papers are in their own hand writing. 


A true copy. Received at Princetown, April 26, 1775, half-past 3 
o clock, in the morning. 


Members of Committee. 

The above received at Trenton, on Wednesday morning, about half 
after 6 o clock, and forwarded at 7 o clock. 


Three of the Committee. 

Philadelphia, 12 o clock, Wednesday, received, and forwarded at th 
same time by 


Committee for the City of Philadelphia. 

Chester, 4 o clock, Wednesday, P. M., received and forwarded by 


New Castile, 9 o clock, Wednesday evening, received, and forwarded. 


Wednesday night, Christeen Bridge, 12 o clock, forwarded to Col. 
Thomas Couch, Esq., who received it this moment, and he to forward 
it to Tobias Rudulph, Esq., Head of Elk, in Maryland, 


Night and day to be forwarded. 

27th April, 1775, half-past 4 o clock, A. M., received, and forwarded 
to Patrick Hamilton, Esq., in Charlestown by 



Baltimore, April 27th, 1775, received 10 o clock, P. M. 

JOHN BOYD, Clerk of Committee. 

A true copy, received in ANNAPOLIS, Friday, April 28th, 1775, half 
after 9 o clock, A. M., and forwarded at 10, per Express. 

CH. CARROLL, of Carrollton, 

Committee of Correspondence for Maryland. 

Alexandria, Friday, 8 o clock, P. M. 

We received the enclosed from Annapolis, at 6 o clock. Please for 
ward it to Fredericksburgh. I am for self and the Committee of Cor 
respondence, in this place, 

Gentlemen, your hum. servt. 

To the Committee of Correspondence in Dumfries. 

GENTLEMEN : The enclosed came to hand this morning, about 10 
o clock. In one hour, I hired the bearer to convey it to your place, to 
the different Committees. 

For self, and the Committee of Correspondence in this place, I am, 
gentlemen, your most obt. hum. servt. 


Dumfries , April 30, Sunday. 
To the Committee of Correspondence at Fredericksburgh. By Express. 

Fredericksburg, Sunday evening, half-past 4. 

GENTLEMEN : The enclosed arrived here, about an hour ago, and is 
forwarded to your Committee by your very hum. servts. 

MANN PAGE, jr., 

King William, May 1st, 1775. 

GENTLEMEN : The enclosed arrived here to-day, and is forwarded to 
your Committee by your most obt. servt. 



Surry County, May 2d, 1775. 

GENTLEMEN : The enclosed arrived here this evening, and is for 
warded by your most obt. hum. servt. 


WiUiamsburg, 2d May, 1775. 

GENTLEMEN i The enclosed is this moment come to hand, and I 

forward it to you by Express, with the request, of the Committee of 

Williamsburg that you will be pleased to forward the papers to the 

Southward, and disperse the material passages through all your parts. 

I am very respectfully, gentlemen, your mo. ob. set. 

HO. C. NICHOLAS, Chairman. 

Smithfield, May 3d, 1775, 5 o clock, the morning. 
The enclosed arrived here this morning, and is forwarded to your 
Committee of Correspondence by your humble serts. 


To the Committee of the County of Nancimond, or any of them. An 
Express from Boston. 

GENTLEMEN : The enclosed is this moment come to hand, and we 
forward it to you by Express, with the request of the Committee of 
Nancimond, and you will be pleased to forward them to the Southward. 
I am, gent., your mo. ob. sert. 

Nancimond, May 3d, 1775. 
To the Committee of Chowan, North Carolina. 

GENTLEMEN : The enclosed papers we have just received, and for 
ward them by Express to you. To be sent to the southward. 
We are, gentlemen, your obt. ser. 

May 3d, 1775. 

To the Committee of Correspondence for the town of Edenton. By 

Edenton, May 4th, 9 o clock, 1775. 

GENTLEMEN : The enclosed is this moment come to hand, and we 
forward to you by Express, with the request, that you will be pleased to 


forward the papers to the Committee of Craven County immediately, 
and disperse the material passages, through all your parts. 
We are, gentlemen, your obt. humb. servts., 

To the Committee of Beaufort County. 

Beaufort County, May 6th, 1775. 

GENTLEMEN : The enclosed is this moment come to hand, and we 
forward to you by Express, with the request, that you will forward the 
different papers to the southward immediately. 

We are, gentlemen, your obt. hum. serts. 

To the Committee of Craven County. 

Bath, 6th May, 1775. 

DEAR SIR : In haste have sent to request you will peruse the enclosed 
papers ; and that you will do, by opening the packet herewith sent, the 
moment it comes to your house. Get three or four of your Committee 
to write a line, and send the whole enclosed to the next southward Com 
mittee, with the utmost dispatch. We are, dear sir, with regard, your 
most humb. servts., 


To Abner Nash, Esq., or either of the Committee for the County of 
Craven per Express. 

New Bern, 6th of May, 1775. 

GENTLEMEN : The enclosed arrived here about an hour past, and is 
forwarded immediately to you; and desire you will keep a copy of 


James Lockwood s letter. And send them on as soon as possible to the 
Wilmington Committee. We are, gentlemen, your obt. servts., 


N. B. We have enclosed our last paper, which gives an account of 
the first beginning of the battle ; which please to send to Wilmington, 
&c., and send all the bundle of papers forward as soon as possible you can. 
To the Committee of Onslow County. 

Onslow, Sunday morning, 10 o clock, May 7th. 
GENTLEMEN : About an hour past, I received the enclosed papers. 
Disperse them to your adjoining county. Keep a copy of James Lock- 
wood s letter. And pray write us, what to do. We are for Onslow. 


Inclosed is the last Gazette for Brunswick. 
To the Wilmington and Brunswick Committees. 

For Cornelius Harnett, Esq., Col. John Ash, or any one of the Com 
mittee for Wilmington. Express. 

New River, May 7, 1775. Received, and forwarded by 


DEAR SIR : I take the liberty to forward by Express, the enclosed 
papers, which were received at 3 o clock this afternoon. If you should 
be at a loss for a man and horse, the bearer will proceed as far as the 
Boundary-house. You ll please direct to Mr. Marion, or any other 
gentleman to forward the packet immediately to the southward, with 
the greatest possible dispatch. I am with esteem, 

Dear Sir, your most ob. sert. 



Wilmington, May 8th, 1775, 4 o clock, afternoon. 

P. S. For Godsake send the man on without the least day ; and write 
to Mr. Marion to forward it by night, and by day. 
To Richard Quince, Esq., Brunswick. 

Brunswick, May 8th, 1775, 9 o clock in the evening. 
Mr. Isaac Marion, 

SIR : I take the liberty to forward by Express, the enclosed papers, 
which I have just received from Wilmington. And I must entreat you 
to forward them to your Committee at George-Town, to be conveyed 
to Charles-Town, from yours with all speed. Inclosed is the newspaper, 
giving an account of the beginning of the battle ; and a letter of what 
happened after ; pray don t neglect a moment in forwarding. 
I am your humb. sert. 

To Isaac Marion, Esq., at the Boundary. 

DEAR SIR : Though I know you stand in no need of being prompted 
when your country requires your service ] yet, I cannot avoid writing 
to you, to beg you to forward the papers containing such important 
news. And pray order the Express you send, to ride night and day. 
I am, dear sir, in the greatest haste, your most ob. servt. 


8th May, 1775. 
Isaac Marion, Esq., Boundary. 

Boundary, May 9th, 1775, Little River. 

GENTLEMEN OF THE COMMITTEE : I have just now received Express 
from the Committees of the northward Provinces, desiring I would for 
ward the enclosed packet to the southern Committees. As yours is the 
nearest, I request for the good of your country, and the welfare of our 
lives and liberties, and fortunes, you ll not lose a moment s time ; but 
dispatch the same to the Committee of Georgetown ; to be forwarded to 
Charles Town. In the mean time, am gent n., 

Your oblg. hum. ser., &c., 


To Danness Hankins, Josias Alison and Samuel Dwight, Esquires, and 
Messrs. Francis and John Allston, gentlemen of the Committee for 
Little River. 

GENTLEMEN : The enclosed papers were just now delivered to me, 
by an Express from Little River. I make not the least doubt, but 


you will forward them with the utmost dispatch, to the General Com 
mittee at Charles Town. I am, gent n. your very hum. sert., 


Wednesday, 1 o clock, 10th May, 1775. 
To Paul Trapier, Esq., Chairman of the Committee at Georgetown. 

GENTLEMEN : We have received your letter, and shall be careful to 
execute with all the diligence in our power, whatever you have recom 
mended. We send you by Express, a letter and newspaper, with mo 
mentous intelligence this instant arrived. We are your nunible servants, 

P. TRAPIER, jr. 
Half past 6, Wednesday evening. 

The Committee of Intelligence in Charles-Town, to the care of the 
Honorable William Henry Drayton, Esq. Per Express. 


[Original MSS.j 

WHITEHALL, March 3d, 1775. 

SIR : It is fit that I should acquaint you, that the Resolution of the 
House of Commons which accompanies my separate dispatch, passed in 
the Committee by a majority of two hundred and seventy-four to eighty- 
eight ; and was received and agreed to by the House, without a divi 
sion. And indeed, the great majorities which have appeared in both 
Houses, upon every question that has been proposed for maintaining the 
supremacy of parliament, is such an evidence of the general sense of the 
nation upon that subject, as must show how little ground there has been 
for those assurances, which have been artfully held out to the Americans 
of support here, in the dangerous conduct they have adopted ; and con 
vince them that there neither can, nor will be any the least relaxation, 
from those measures, which that conduct has made indispensably neces- 


sary, for reducing the Colonies to the constitutional authority of parlia 

I am, sir, your most obt. humble servt. 

His Honor the Lieutenant Governor of 

South Carolina, Charlestown, 

Resolved, That when the Governor, Council, and Assembly, or Gen 
eral Court of any of his Majesty s Provinces, or Colonies in America, 
shall propose to make provision according to the condition, circum 
stances, and situation, of such Province or Colony, for contributing their 
proportion to the common defence (such proportion to be raised under 
the authority of the General Court, or General Assembly of such Prov 
ince or Colony, and disposable by parliament) ; and, shall engage to 
make provision, also, for the support of the Civil Government, and the 
administration of justice in such a Province or Colony ; it will be pro 
per, if such proposal shall be approved by his Majesty, and the two 
Houses of Parliament, and for so long as such provision shall be made 
accordingly, to forbear, in respect to such Province or Colony, to levy 
any duty, tax, or assessment, except, only, such duties as it may be 
expedient to continue to levy, or to impose, for the regulation of com 
merce ; the net produce of the duties last mentioned, to be carried to 
the account of such Province or Colony respectively." * 


WHITEHALL, 3d March, 1775. 

SIR : I have received your letters of the 19th and 20th of Decem 
ber ; the latter numbered thirty-five ; and have laid them before the 
King. But having nothing in command from his Majesty thereupon, 
I have only to lament, that his Majesty s subjects in Georgia, who have 
hitherto in general shown so great respect for the mother country, and 
loyalty to the King, should have at length manifested a disposition to 
adopt the sentiments, and follow the ill-example of their neighbors. 
But, I trust, that the measures I have taken for your support, and the 

* See proceedings of the Continental Congress respecting this Resolution, in the 
proceedings of the Congress at the latter part of Chapter XII, for the month of July, 


zeal and alacrity of the King s officers, and of those gentlemen who you 
say, stand forth in the maintenance of the public peace, will have the 
effect to prevent the sons of liberty, as they are called, from committing 
themselves in any act of violence. 

I find by a letter from Mr. Cooper to Mr. Pownall, that the Lords of 
the Treasury, have had under their consideration the proposition which 
you transmitted some years ago, in the shape of a bill for better collect 
ing his Majesty s quit rents; they seem, however, to be of opinion, that 
the provisions of an act of the province of North Carolina, for the same 
purpose which they have had before them, are better calculated to 
answer the object in view, than the Bill you recommended; and princi 
pally, because it enacts that no patent, deed, or conveyance of land 
shall be held valid, unless enrolled in the manner the act directs 
whereas, in your Bill, the enrolment is enforced merely by penalty. I 
therefore think fit, to send you a copy of the North Carolina act ; that 
by comparing the two together, you may be enabled to frame and pass 
such a law, as shall correspond with the sentiments of that Board. 
I am, sir, your most obt. hum. servt. 

Sir James Wright, Baronet, Georgia. 


WHITEHALL, 3d March, 1775. 

SIR : My separate dispatch of this day s date, enclosing a Resolution 
of the House of Commons, may be ostensibly of use, in case the General 
Assembly should think fit to take up the consideration of that resolution. 
But, it is fit, I should observe to you, that it is not his Majesty s inten 
tion, for very obvious reasons, that you should officially communicate it 
to them. At the same time, as I think it cannot fail to be an object of 
discussion in the Assembly, I must add, that the King considers that 
the good effect of it, will, in a great measure depend, upon your ability 
and address, in a proper explanation of it, to those, whose situation and 
connexions may enable them to give facility to the measures it points to. 
And, his Majesty has no doubt, that you will exert every endeavor to 
induce such a compliance, on the part of the Assembly, as may corres 
pond with his Majesty s ideas of their justice, and his earnest wishes to 
see a happy restoration of the public tranquility. 

I am, sir, your most obt. hum. servt. 

The Governor of Georgia. 



WHITEHALL, March 3d, 1775. 

SIR : You will have seen in the King s answer to the joint address 
of both Houses of Parliament, on the 7th of February (which address 
and answer have already been transmitted to you) how much attention 
his Majesty was graciously pleased to give to the assurance he held out 
in that address, of the readiness of parliament to afford every just and 
reasonable indulgence to the Colonies, whenever they should make a 
proper application on the ground of any real grievance they might have 
to complain of; and, therefore, I have the less occasion now to enlarge 
upon the satisfaction it hath given his Majesty, to see that address fol 
lowed by the enclosed resolution of the House of Commons ; which, 
whatever may be the effect of it (I trust a happy one) will forever re 
main an evidence of their justice and moderation, and manifest the 
temper which has accompanied their deliberations upon that question ; 
which has been the source of so much disquiet to his Majesty s subjects 
in America ; and the pretence, for acts of such criminal disorder and 

His Majesty, ardently wishing to see a reconciliation of the unhappy 
differences, which have produced those disorders, by every means 
through which it may be obtained, without prejudice to the just author 
ity of parliament; which his Majesty will never suffer to be violated; 
approves the resolution of his faithful Commons ; and commands me to 
transmit it to you, not doubting that this happy disposition to comply 
with every just and reasonable wish of the King s subjects in America, 
will meet with such a return of duty and affection, on their part, as will 
lead to a happy issue of the present disputes, and to a re-establishment, 
of the public tranquility on those grounds of equity, justice, and mode 
ration, which this resolution holds forth. 

The King has the greater satisfaction in this resolution, and the 
greater confidence in the good effects of it, from having seen, that 
amidst all the intemperance, into which a people jealous of their liber 
ties have been unfortunately misled, they have nevertheless avowed the 
justice, the equity, and the propriety of subjects of the same State, con 
tributing according to their abilities and situation to the public burthens; 
and I think I am warranted in saying, that this resolution holds no 
proposition beyond it. 

I am unwilling to suppose, that any of the King s subjects, in the 
Colonies, can have so far forgot the benefits they have received from the 
parent State, as not to acknowledge, that it is to her support, held forth 


at the expense of her blood and treasure, that they principally owe that 
security, which hath raised them to their present state of opulence and 
importance. In this situation, therefore, justice requires that they 
should in return contribute according to their respective abilities, to the 
common defence j and their own welfare and interest demand that their 
civil establishment should be supported, with a becoming dignity. 

It has therefore been the case, and I am persuaded it is the firm de 
termination of parliament, to see that both these ends are answered ; and 
their wisdom and moderation have suggested the propriety of leaving 
to each colony, to judge of the ways and means, of making due provision 
for these purposes ; reserving to themselves the power of approving or 
disapproving, what shall be offered. 

The resolution, neither points out what the civil establishment should 
be; nor demands any specific sum in aid of the public burthens. In 
both these respects, it leaves full scope for that justice and liberality, 
which may be expected from Colonies, that under all their prejudices, 
have never been wanting in expressions of an affectionate attachment to 
the mother country ; and a zealous regard for the general welfare of the 
British empire. And therefore, the King trusts that the provision they 
will engage to make, for the support of civil government, will be ade 
quate to the rank and station of every necessary officer ; and, that the 
sum to be given in contribution, to the common defence, will be offered 
on such terms, and proposed in such a way, as to increase or diminish 
according as the public burthens of this kingdom are from time to time 
augmented or reduced ; in so far, as those burthens consist of taxes and 
duties, which are not a security for the national debt. By such a mode 
of distribution the Colonies will have full security that they can never 
be required to tax themselves, without parliament s taxing the subjects 
of this kingdom, in a far greater proportion. And, there can be no 
doubt, that any proposition of this nature, made by the Colonies, and 
accompanied with such a state of their faculties and abilities as may 
evince the equity of the proposal, will be received with every possible 
indulgence ; provided, it be at the same time unaccompanied with any 
declarations, and unmixed with any claims, which will make it impossi 
ble for the King, consistent with his own dignity, or for parliament con 
sistent with their constitutional rights, to receive it. But, I will not 
suppose, that any of the Colonies will, after this example of the temper 
and moderation of parliament, adopt such a conduct ; on the contrary, I 
will cherish the pleasing hope, that the public peace will be restored ; 
and that the Colonies, forgetting all other trivial and groundless com 
plaints, which ill-humor hath produced, will enter into the consideration 


of the resolution of the House of Commons, with that calmness and de 
liberation, which the importance of it demands ; and with that good will 
and inclination to a reconciliation, which are due to the candor and jus 
tice with which parliament has taken up this business, and at once 
declared to the Colonies, what will be ultimately expected from them. 
I have already said, that the King entirely approves the resolution of 
the House of Commons ; and his Majesty commands me to say, that a 
compliance therewith, by the General Assembly of Georgia, will be most 
graciously considered by his Majesty, not only as a testimony of their 
reverence for parliament, but also as a mark of their duty and attach 
ment to their Sovereign who has no object nearer to his heart, than 
the peace and prosperity of his subjects in every part of his dominions. 
At the same time, his Majesty considers himself as bound by every tie 
to exert those means the Constitution has placed in his hands for pre 
serving that Constitution entire, and to resist with firmness every 
attempt to violate the rights of parliament, to distress and obstruct the 
lawful commerce of his subjects, and to encourage in the Colonies ideas 
of independence, inconsistent with their connexion with this kingdom. 
I am, sir, your most obt. hum. servt. 

Governor of Georgia. 

WHITEHALL, 3d May, 1775. 

SIR : I have received your letters numbered from thirty-five to forty- 
one, and have laid them before the King. 

The grounds upon which masters of ships, who were midshipmen and 
acted as master s mates on board the fleet in the last war, claim each 
two thousand acres of land, in virtue of the royal proclamation, refers to 
facts of which I have no official information. Whenever the Lords of 
the Admiralty shall, upon a proper application to them, by those claim 
ants, certify the facts on which they state their claims, I will not fail to 
receive his Majesty s pleasure upon their case ; in the mean time, the 
matter must rest upon the opinion, I think very properly adopted by 
yourself and the Council. 

I have already so repeatedly expressed to you my sentiments of the 
present disorders in America, and the sense I have of your meritorious 
conduct, in the prudent and proper measures you have pursued for pre 
venting, as far as you are able, the contagion from spreading itself 
through the province of Georgia, that I have nothing to add on that 


subject, but to express my wishes that the steps I have taken for your 
support, will encourage the friends of Government to resist the violences 
that are threatened, and preserve the public peace, in all events. 
I am, sir, your most obt. hum. servt. 

Sir James Wright, Baronet. 

WHITEHALL, May 3d, 1775. 

SIR : Your letters of the 26th of January and 10th of March, Nos. 
27 and 28, the latter of which I received only yesterday, contain matter 
of very great importance. 

The addresses from the four counties of Guilford, Dobbs, Rowan and 
Surry, breathe a spirit of loyalty to the King, and attachment to the 
authority of Great Britain, which cannot be too much encouraged ; and 
it will be necessary that you lose no time, in acquainting the inhabitants 
of those counties, that these testimonies of their duty and affection, 
have been most graciously received by his Majesty. That his Majesty 
will not fail to afford them those marks of his royal favor, which such a 
meritorious conduct appears to deserve ; and, that as soon as the neces 
sary forms will admit, his Majesty s clemency towards the insurgents in 
1770, will be extended in a proclamation, of general pardon to all except 
Horman Husbands. In the mean time, it is his Majesty s pleasure, 
that you do pursue every step that may improve so favorable a symptom 
in the present state of general frenzy, and perhaps you will not find it 
difficult, through the channel of some respectable persons in those coun 
ties, to procure proper associations of the people in support of the Gov 
ernment. Such a measure cannot fail to cast a damp upon the machi 
nations of faction, and disconcert any desperate measure, they may have 
in contemplation. 

I hope, we may yet avoid, the fatal necessity of drawing the sword ] 
but it is prudent to provide, as far as we are able, against every possible 
mischief; and therefore, you will do well, to consider in time, whether 
it may not be practicable in such an event, to embody and lead forth, 
in support of Government, such of the men in those counties, as are 
able to bear arms. If matters should come to this issue, it is the King s 
pleasure, that you hold out to gentlemen of interest and leading amongst 
them assurances of his Majesty s favor in granting them such commis 
sions, as shall be suitable to their rank and station ; and every other 
encouragement and advantage allowed to any other troops in his Ma- 


jesty s service, as far as is consistent with the established rules of the 

I confess to you, sir, that this appears to me to be a matter of so much 
importance, that I cannot too earnestly recommend it to your attention ; 
and that no time may be lost, in case of absolute necessity. I have 
received his Majesty s commands, to write to General Gage, to apprise 
him of this favorable circumstance ; and to instruct him, that he do, 
upon application from you, send some able and discreet officer to you, 
in order to concert the means of carrying so essential a service into effect; 
and if necessary to lead the people forth, against any rebellious attempts, 
to disturb the public peace. 

There are several other matters in your letters, which will require 
consideration and instruction ; but, as the mail for Charlestown will be 
made up to-night, I can only for the present add, that 

I am, sir, your most obt. hum. servt. 

His Excel. Gov. Martin, North Carolina. 


[Original MSS.] 

SAVANNAH IN GEORGIA, the 27th of June, 1775. 

SIR : I had the honor to write to your Excellency, of the 7th inst. 
enclosed to Lieutenant-Governor Golden, which I hope you have received. 
And last night I received a letter from Lord William Campbell, ac 
quainting me, that he is going to send the Scorpion with letters to your 
Excellency, and which opportunity I now embrace, and hope some 
method may be fallen upon that we may receive frequent information of 
the state of things your way ; as it has the greatest effect and influence 
on the conduct of the people in these provinces, and may contribute 
much to his Majesty s service. 

The unhappy affair of the 19th of April, and some late occurrences 
in the neighboring province, have at length drawn and forced the peo 
ple of this province into the same predicament with others. And I now 
expect, that, as far as they possibly can, they will follow the example of 
them. And I see no probability of any tolerable quietude, unless the 
prudence and moderation of the Continental Congress, should lay a 
foundation for it. Your Excellency s order to Major Furlong, I have 


not yet forwarded ; indeed, I have neither vessels nor money to pay 
the expense of sending for them, and, as things are circumstanced at 
present, it is the opinion of the gentlemen of the Council that such a 
number might only inflame the whole province, and be liable to insults, 
if not worse. For, we have no fort of defence for them to be in, or 
retire to ; and they could neither awe or prevent any attempts against 
them. This number, a year ago, might have been of great use, or if 
things take a favorable turn may, but not just now. And it is our 
opinion, that not less than five times that number could answer any 
effectual purpose. And therefore, I do not mean to forward it yet. 
But, if your Excellency could for this length, and authorize me to draw 
for the expense of putting up a temporary fort, I think matters would 
soon wear a different aspect here. But without, neither law or govern 
ment can be supported. And I have neither men or money. And the 
Governors had much better be in England than remain in America 
and have the mortification to see their powers executed by committees 
and mobs. And I am really amazed, that these southern provinces 
should be left in the situation they are, and the Governors and King s 
officers and friends to Government, naked and exposed to the resent 
ment of an enraged people. Stuart has been obliged to take sanctuary 
in St. Augustine. I shall hope for a full and clear answer from your 
Excellency, that I may know better how to conduct myself. And have 
the honor to be with respect and esteem, 

Your Excel, most obt. and most hum. servt. 

To his Excel. Gen. Gage. 

j^^ The above letter was withdrawn from the envelope, and the fol 
lowing was substituted in its place, and forwarded, by the Secret Com 
mittee : 

SAVANNAH IN GEORGIA, 27th June, 1775. 

SIR : The unhappy affair of the 19th of April, and some late occur 
rences in Carolina, have occasioned this province to put on an appear 
ance which, I have the pleasure to assure your Excellency, is by no 
means real; and I am happy, that I can with equal confidence assure 
you, that there is nothing really formidable in the proceedings or designs 
of our neighbors of South Carolina, notwithstanding the late address of 
their Congress to Lord William Campbell ; who being but just arrived, 
and as your Excellency knows but unexperienced in affairs of Govern 
ment, may think them very serious, and express his apprehensions to 


you on the subject. However unwilling I write this, yet the good of 
his Majesty s service compels me to make this intimation to your Ex 
cellency, lest you should otherwise be disposed to believe, that affairs 
are in extremity in these Colonies, and act accordingly. 

My private intercourse is so extensive in these Colonies, and 1 am so 
well informed of the private sentiments of their leading men, that I 
assure you no danger is to be apprehended from their designs. And 
their measures I am convinced will quickly change, provided they are 
left to do it in their own way. And upon the best information, joined 
to certain knowledge of men and matters in Carolina and Georgia, I am 
fully assured, that if any ships or troops were to be sent into these parts, 
they would not only totally destroy the present favorable appearances ; 
but in all probability would prove destructive to the good of the service. 
Upon these ideas, I have regulated my conduct j and I have not as yet 
even dreamed of applying to Major Furlong; and I firmly believe, that 
I shall have no occasion to do it. 

I sincerely wish your Excellency success in your undertakings ; and 
I have the honor to be, with perfect esteem, 

Your Excel, most obt. and most hum. servt. 

JJ&* A fac-simile signature of JAMES WRIGHT, was 

affixed to this letter by the Secret Committee ; and an impression 
of his seal having been taken in clay, the new envelope carried the 
resemblance of Sir James Wright s seal. * 
To his Excel. General Gage. 

SAVANNAH IN GEORGIA, the 27th of June, 1775. 
SIR : Some time ago, I had the honor to receive a letter from the 
Earl of Dartmouth, dated the 1st of February last, wherein he wrote 
me, that an order was gone from the Admiralty to you, sir, to send me 
one of your cruisers ; but, none is yet arrived nor have I heard any 
thing of it since. And I am now to acquaint you, that four or five 
boats, from the South Carolina side of our inlet have been here for ten 

* It is said, this forged letter was received by General Gage ; and was in a great 
measure the reason, why troops and vessels were not forwarded at that time to Geor 
gia and that upon Governor Wright s meeting General Gage afterwards in London, 
he asked the General, why he had not assisted him with troops as he had written to 
him for ? When General Gage replied, you wrote me quite the contrary, as I can 
prove by your own letter in my possession and upon Governor Wright s inspection of 
the same, the letter as coming from him, turned out to be a counterfeit ! 



or twelve days past, full of armed men it is said near one hundred. 
We expect a vessel from London every day, with a considerable quantity 
of gun-powder on board and report says, that these people mean to 
take it out, and carry it away ; and it is not in my power to prevent it. 
And thus you see, sir, that our port may, and in short is, blocked up by 
our neighbors, and that they have it in their power to plunder any thing 
that arrives here, and do just what they please. I hope, therefore, that 
you will be kind enough to give such immediate assistance, as may be in 
your power, to prevent such insults and attempts as I have mentioned. 

Pardon me, sir, for saying, that an armed schooner will be of little 
use ; or any thing less than a sloop of war of some force and which, 
from Lord Dartmouth s letter, I have been long expecting, and impa 
tiently looking out for. 

I doubt not, but the situation we are in, will strike you in such a 
light, that you will see the propriety of immediate assistance. 

Another matter seems to be also necessary for his Majesty s service; 
viz : frequent accounts from yourself, and General Gage, with respect 
to the state of affairs, your way as, I find it has the greatest influence 
on the conduct and proceedings of the people here. And I have no 
way by which this can be done, unless you are pleased to send it by 
some of his Majesty s vessels under your command. I have the honor 
to be, with perfect esteem, 

Sir, your most ob. and most hum. servt. 

Admiral Graves. 

J8^* The above letter was withdrawn from the envelope, and the fol 
lowing was substituted in its place, by the Secret Committee and for 
warded : 

SAVANNAH IN GEORGIA, the 27th June, 1775. 
gut : Some time ago, I had the honor to receive a letter from the 
Earl of Dartmouth, dated the 1st February last, wherein he wrote to me, 
that an order was gone from the Admiralty to you, sir, to send me one 
of your cruisers. It gives me the highest pleasure to acquaint you, that 
I now have not any occasion for any vessel of war, and I am clearly of 
opinion, that his Majesty s service will be better promoted by the ab 
sence than the presence of vessels of war in this port. On this subject 
of military forces, being at present sent to this part of the continent, I 
have written fully to the General, and I beg leave to refer you, sir, to 
that letter, which is of equal date with this. 


As I am persuaded it will be for the benefit of the service, that the 
Southern Governors should have early information of important trans 
actions in your part of the continent, I doubt not, but that if you, sir, 
shall be of the same opinion, you will send such by some advice boat. 
And if such vessel proceeds to Charlestown, my packet may there be 
sent on shore, and it will reach me, by a secure land conveyance by 
Express from the Post Office. 

Perhaps Captain Tollemache may give you, sir, some little alarm 
about two or three canoes from South Carolina in this river ; waiting, 
as report says, to take some gun-powder from on board a vessel daily 
expected to arrive here. But, I acquaint you, sir, that they are sent 
upon a smuggling party of goods, into their own Colony, by private 
^directions of their Committee. They mean to procure some gun-powder, 
and I shall not be displeased if under the appearance of some violence 
they purchase such an article as, it is intended to make good the con 
tract made by Mr. Stuart and myself, with the Indians, both Creeks and 
Cherokees ; the latter of whom, will be more convenient for the Caroli 
nians, than the people of Georgia to supply. I have the honor to be, 
with perfect esteem, 

Sir, your most humb. and most obt. servt. 
j* A fac-simile signature of JAMES WEIGHT, was 

affixed to this letter, by the Secret Committee. 
Admiral Graves. 


[MSS. Letter.] 

SAVANNAH, Friday, 16th June, 1775. 

DEAR SIR : The alarming height to which our disputes with the 
mother country has at length arisen, and the many detestable arts that 
are made use of by our enemies to involve us in one general scene of 
distress, are motives sufficient to stimulate every honest man to use his 
best endeavors to counteract the wicked designs of our enemies, which 
will be a sufficient excuse for my troubling you with this, as it conveys 
a piece of intelligence that I think very interesting, and should, when 
thought proper, be made known to the good people of your Province as 
well as our own. 

Mr. John Stuart, who is now at Col. Muhynes house at Thunderbolt, 
desired that the Colonel would wait on some gentlemen who are in oppo 
sition to Government, as it is called here, and beg that they would be 


so good as to call on the Superintendant at his house yesterday, as he 
wanted to have an opportunity of clearing himself of some aspersions, 
knd likewise to lay before us his letters with respect to Indian affairs, 
accordingly four or five of us, malcontents, attended, when Mr. Stuart, 
began with informing us that he had received letters by the last post 
from Charles Town, which made him very uneasy as a report had been 
circulated there that he had been tampering with certain Indians, at 
which he manifested not a little surprise, he showed us the letter he 
received from Charles Town, and his answer to Col. Howarth, whom he 
has desired to make the contents public, and which he means as a justi 
fication of his conduct. So far, every thing appeared to me plausible, but 
unluckily for Mr. Stuart he produces a number of his letters to his 
deputy, Mr. Cameron, and the answer in one of which he writes thus : 
"I have received information from Gen. Gage, that certain persons at 
the northward have been tampering with the Six Indian Nations and 
endeavoring to alienate their affections from his Majesty. I mention 
this to caution you against any thing of the kind with you, and that you 
will use your influence to dispose those people to act in defence of his 
Majesty and Government, if found necessary." Mr. Cameron s answer 
was couched nearly in the following words (I do not differ, I am positive 
as to the substance, though I may in some of the words) : "That Mr. 
Stuart s interest with the Indians was much greater, and that he was 
more beloved by them than any other man, and that he (Mr. Cameron) 
had the vanity to think that he could head any number he thought pro 
per, whenever called upon in support of his Majesty and Government." 
Now, sir, I shall leave you to make your own comments on the above, 
though I will acquaint you with what I said to him on its being read, 
"that we were at no loss to know what was meant by assisting or acting 
in defence of his Majesty and Government, if found necessary, for, as 
we were not at war with the French or Spaniards, it could not be against 
them that they were meant to act." Mr. Cameron further tells Mr. 
Stuart that the Traders must by some means or other get ammunition 
among them or otherwise they may become Very troublesome to him for 
the want of it. I do not know how far I am at liberty to make this 
public, but as Mr. Stuart has wrote to Mr. Howarth in order to justify 
himself in the eyes of the people of Carolina, I think as a further justi 
fication, he should produce his letters to and from Mr. Cameron. Mr. 
Stuart s letter, that contains the foregoing paragraph is dated about the 
middle of January last, and as copied among a number of others in a 
large book bound in calf. You may give the Secret Committee intelli 
gence of this, and if they should think it of sufficient importance to 


deem a demand from Mr. Stuart of these letters, and he should then 
hesitate and will not grant what they request, and it should further be 
thought necessary, I can find four persons besides myself, to avow what 
I have said to be true, as any thing of this kind should come well 

We are going on here tolerably well with respect to our political pro 
ceedings, and hope soon to convince the world that Georgia will not take 
advantage of her sister colonies, in the present disputes. 

I am, dear sir, your most obedt. servt. 

Mr. Philotheos Chi/elle. 


Every officer to provide himself with a blue cloth coatee, faced and 
cuffed with scarlet cloth, and lined with scarlet. White buttons ; and 
white waistcoat and breeches (a pattern may be seen at Mr. Trezevant s); 
also, a cap and black feather. 


June 21st, 1775. 

Lieutenant Colonel Isaac Huger of the First Regiment, and Lieuten 
ant Colonel Isaac Motte of the Second Regiment, are Lieutenant Col 
onels in the Provincial Troops, and are to be obeyed as such. Major 
Owen Roberts of the First Regiment, and Major Alexander Mclntosh 
of the Second Regiment are Majors in the Provincial service, and to be 
obeyed as such. 

Capt. Charles C. Pinkney, Wm. Cattel, Thomas Lynch, John Barn- 
well ? Adam McDonald, Benjamin Cattel, Edmund Hyrne, William 
Scott, Roger Saunders, Thos. Pinkney, are Captains in the First Regi 
ment of Provincial troops, and to be obeyed as such. 

Captains Bernard Elliott, Francis Marion, Daniel Horry, Francis 
Huger, William Mason, James McDonald, Peter Horry, Nicholas Eve- 
leigh, Isaac Harleston, Charles Motte, are Captains in the Second Regi 
ment of Provincials, and to be obeyed as such. 

Lieutenants John Mouat, Thomas Elliott, Grlen Drayton, Richard 
Singleton, John Vanderhorst, Alexander McQueen, Benjamin Dicken- 
son, Joseph loor, Richard Armstrong, and James Ladson, are Lieuten 
ants in the First Regiment, and to be obeyed as such. 


Lieutenants Richard Shubrick, John Allen Walker, William Oli- 
phant, Thomas Moultrie, Thomas Lessesne, Richard Fuller, William 
Charnock, Anthony Ashby, John Blake, and James Peroneau, are 
Lieutenants in the Second Regiment of Provincial troops, and to be 
obeyed as such. 


June 22d, 1775. 

Capt. Eveligh, and Capt. Motte, with Lieutenant Thos. Moultrie, 
James Peronneau, and William Moultrie, to remain in town, and take 
charge of the recruits that may be sent to the Regiment from the coun 
try, as also to pick up what recruits they can about town. 


28th June, 1775. 

The Quarter Masters of the First and Second Regiments, are Col. 
Grervais or Mr. Andrew Williamson who have contracted to supply the 
troops with provisions in the following manner ; one pound of good beef 
per day, or one pound fresh pork, or 12 oz. salt pork. One pound 
wheat flour, or one pound shipbread, or one half pint rice. Half pint 
vinegar per week, when in barracks or stated camps. One pint salt 
per week when they are served with fresh provisions, and one pound 
black pepper per year, if to be had. 

Soldiers found drunk when on duty will certainly be punished; 
especially sargeants, who ought to set good examples to the mefl. 



Sunday, 23d July, 1775. 

PRESENT Col. Henry Laurens, President ; Mr. Ferguson, Mr. A, 
Middleton, Hon. Mr. Lowndes, Hon. Mr. Drayton, Col. Pinckoey, Mr. 
Brewton, Mr. Bee, Capt. Benj. Elliott, Mr. Heyward, Col. Parsons. 

(After sundry resolutions,) 

On motion, 


Resolved, That the Hon. "W. H. Drayton, and the Rev. Wm. Tennant, 
be the two gentlemen to make a progress into the back country, to ex 
plain to the people the causes of the present disputes, between Great 
Britain and the American Colonies. 

Resolved, That the following commissions and powers be given to the 
Hon. William Henry Drayton, and the Rev. Wm. Tennant. 


July 23, 1775. 

The Council of Safety elected and chosen by the Provincial Congress, 
begins to be holden the first day of June last ; by these presents testify 
that they have nominated appointed and commissioned the Hon. Wm. 
Drayton and the Rev. Win. Tennant to go into the interior parts of this 
Colony at the public expense, there to explain to the people at large 
the nature of the unhappy public disputes between Great Britain and the 
American Colonies to endeavor to settle all political disputes between 
the people to quiet their minds, and to enforce the necessity of a gen 
eral union in order to preserve themselves and their children from 
slavery; and that the said W. H. Drayton and W. Tennant may pro 
ceed in this business with safety and advantage to the public all the 
friends of the liberties of America are hereby requested to afford them 
every necessary aid, assistance and protection. 

By order of the Council of Safety. 

HENRY LAURENS, President. 


Charles Town, 23d July, 1775. 

GENTLEMEN, In order to give you every necessary and proper sup 
port and protection in your progress into the country in execution of 
our commissions of this date, you are hereby authorized to call upon all 
and every officer of the militia and rangers for assistance, support, and 
protection ; and they and each of them are hereby ordered to furnish 
such assistance, support, and protection, as you shall deem necessary. 
By order of the Council of Safety. 

HENRY LAURENS, President. 
Hon. W. H. Drayton. 
Rev. Wm. Tennant. 

Ordered that the above Commission and powers be engrossed. 



[Printed Circular.] 

IN GENERAL COMMITTEE, Charles Town, April 25, 1775. 

Resolved, That the Hon. William Henry Drayton, Kev. William 
Tennent, Col. James Parsons, Arthur Middleton, Charles Cotesworth 
Pinckney, John Lewis Gervais, Roger Smith, and Thomas Hey ward, jr., 
Esquires, be a Committee of Intelligence, to correspond with, and com 
municate to, the inhabitants of the interior and back parts of this colony, 
every kind of necessary information ; and that they hire horses, and 
send expresses for that purpose, upon such occasions as they shall think 

[Copy from the Minutes.] 

PETER TIMOTHY, Secretary. 


CHARLES TOWN, June 30, 1775. 

FELLOW-CITIZENS : This year will be a grand epoch in the history 
of mankind. In this conspicuous and ever memorable year, America 
has been abused, and Britain has disgraced herself, in an unexampled 
manner. All the guilt of all the English Ministers of State, from the 
reign of the First William, to the conclusion of the late war, does, not 
equal the guilt that British Ministers have incurred since the latter 
period. The measure of their iniquity appears now full. They seem 
fixed in the pursuit of their plan to enslave America, in order that they 
might enslave Great Britain ; to elevate the Monarch that has been 
placed on a Throne only to govern under the law into a Throne above 
all law. But, Divine Providence has inspired the Americans with such 
virtue, courage, and conduct, as has already attracted the attention of 
the universe, and will make them famous to the latest posterity. The 
Americans promise to arrest the hand of tyranny, and save even 
Britannia from shackles. 

In a former letter, we declared to you, that there was " but little 
probability of deciding the present unhappy public disputes, by the 
pacific measures we have hitherto pursued ;" our ideas were just, and 
with the deepest grief, yet firmest resolution, we now announce to you, 
that the sword of civil war, is not only actually drawn, but stained with 
blood ! The King s troops have at length commenced hostilities against 


this continent ; and not confining their ungenerous attacks against men 
in arms defending their properties, they have slaughtered the unarmed 
the sick the helpless having long indiscriminately oppressed, they 
have now massacred our fellow-subjects in Massachusetts Bay. Mark 
the event. These enormities were scarcely perpetrated, when the Divine 
vengeance pursued the guilty, even from the rising up of the sun until the 
going down of the same the King s troops were discomfited they fled 
before our injured friends the night saved them from total destruction. 

But, see in what manner the American civil war commenced ; and 
we lay before you, the case as stated by General Gage on the one part, 
and by the voice of America on the other. 

The General sent a detachment of about eight hundred soldiers into 
the country, to seize and destroy the property of the people of Massa 
chusetts Bay. This detachment in their way to Concord, at Lexington 
saw " about two hundred men drawn up on a green, and when the 
troops came within one hundred yards of them (a situation out of the 
line of their march) they begin to file off/ The soldiers upon " observ 
ing this," " ran after them, to surround and disarm them. Some of 
them, who had jumped over a wall, then fired four or five shot at the 
troops," and "upon this," the soldiers " began a scattered fire, and 
killed several of the country people." Clear as it is, even from this 
State, that the King s troops, by running after, actually attacked the 
Provincials peaceably filing off; yet, General Gage has the integrity to 
entitle his narrative of this unfortunate affair, " a circumstantial account 
of an attack on his Majesty s troops by a number of the people of Mas 
sachusetts Bay." But, men will cease to be surprised at this, when 
they are told the General makes no scruple to violate eyen a solemn 
engagement. After the General s defeated troops returned to Boston, 
he declared, that if the inhabitants of that devoted city would deliver 
up their arms, he would permit them to retire from the town, with their 
effects ; they delivered up near three thousand stands of arms and to 
this day, they are in shameful breach of the capitulation, detained in 
captivity patiently enduring the calamities of famine. 

However, the voice of America thus describes the commencement of 
this unnatural war. About eight or nine hundred soldiers came in 
sight, just before sun rise, of about one hundred men, training them 
selves to arms, as usual ; and the troops running within a few rods of 
them, the commanding oflicer called out to the militia, " disperse you 
rebels, damn you, throw down your arms and disperse." Upon which 
the troops huzzahed immediately one or two officers discharged their 
pistols and then there seemed to be a general discharge from the whole 


body. Bight Americans were killed upon the spot, and nine were 
wounded. The soldiers in a few minutes resumed their march to Con 
cord; and there, speedily destroyed a considerable quantity of flour and 
other stores, belonging to the public. Another party of militia, about 
one hundred and fifty men, alarmed at such violence, had assembled 
near a bridge at Concord. The soldiers fired upon them and killed 
two men. It was this repeated act of deadly hostility, that roused the 
Americans to repel force by force. They now returned the fire beat 
the King s troops out of the town, and compelled them to retreat to 
Lexington, where they met a reinforcement of one thousand fresh men 
and two pieces of cannon. The militia being by this time increased in 
their numbers, they soon dislodged the troops from this post, who, 
during the remainder of the day, made a precipitate retreat through the 
American fire, and gained a place of safety under cover of the night. 
In this battle of Lexington, the Americans had thirty-nine men killed 
and nineteen wounded. The King s troops lost two hundred and sixty- 
six men, killed, wounded and missing ; and by subsequent accounts it 
appears, that in consequence of that action, General Gage s army has 
sustained a diminution of one thousand men, by death, wounds, prison 
ers, desertion, surfeits, and other incapabilities of service. For, the 
troops being four-and-twenty hours on duty, marched fought and fled 
forty-three miles in that time, without the least refreshment. Let it be 
remembered, that these eighteen hundred British regulars, consisting of 
the picked men of the whole army grenadiers light infantry, and 
marines carefully prepared for the expedition were defeated and driven 
by about twelve hundred American militia, brought to repel an unex 
pected attack, and marched in accidental parties upon the spur of the 
occasion. Let it be delivered down to posterity, that the American 
civil war, broke out on the 19th day of April, 1775. An epoch, that 
in all probability will mark the declension of the British Empire ! 

Such an important event as the actual commencement of civil war, 
caused the Convention of the Congress, on the first of June in order, 
that some provision might be made against impending calamities. The 
Congress rose on the 22d instant ; and it is our duty to inform you, 
and through you, the public at large, of the material transactions of this 
important session. 

As a first step for our defence, it was thought expedient, to unite the 
inhabitants of the colony, "as a band in her defence against every 
foe;" and to this purpose, on the fourth day of June, immediately 
after the celebration of Divine service in Congress, an association was 
signed by all the Members present, solemnly engaging their lives and 


fortunes. In the space of four days, the association was voluntarily 
subscribed by almost every inhabitant in Charles Town, and transmitted 
into the country. 

For our more effectual defence, it was thought, a body of regular 
troops ought indispensably to be raised without delay accordingly, the 
Congress voted two regiments of foot, consisting of fifteen hundred rank 
and file; and one regiment of horse, composed of four hundred and fifty 
privates. For this service, and contingent expenses for one year, the 
Congress voted the sum of one million currency. The levies are now 
raising, and the money is now issuing under the orders of the Council 
of Safety, in whom the Congress have not only vested the whole power 
over and direction of the regulars the militia, who when called into 
service will be entitled to pay, and the Treasury, but have " author 
ized" them "to do all such matters and things, relative to the 
strengthening, securing and defending the colony, as shall by them be 
judged and deemed expedient and necessary." 

The militia have power to form select companies of horse and foot, 
and to officer them ; provided they have the approbation of the Council 
of Safety. 

In order to form magazines of grain, an embargo has been laid upon 
all rice and corn. 

To give proper force and effect to the resolutions, the respective Dis 
trict and Parochial Committees are impowered to take cognizance of, 
and to question those persons, who shall presume to violate or refuse 
obedience to the authority of the Congress ; and to declare such persons 
" Objects of the resentment of the public." This effectually exposes 
them to be treated as enemies to the liberty of America. 

The names of those persons who shall refuse to associate, are to be 
laid before the General Committee, who are to enquire of the parties 
touching their refusal. 

Several resolutions of the present Continental Congress, have been 
recognized; one of them declares, "that no bill of exchange, draught, 
or order of any officer in the army or navy, their agents or contractors, 
be received or negociated, or money supplied to them, by any person in 
America." And, that no provisions be furnished for the use of the 
British army in Massachusetts Bay, or for vessels transporting British 
troops or warlike stores for such troops to America, or from one part of 
it to another. 

For the better defence of our liberties and properties, the absentees 
holding estates in this Colony are called home ; and persons now in the 
Colony, are prohibited from departing without permission of the General 


To endeavor to obtain pardon for our past offences, and to procure the 
favor of Heaven, the 27th day of July is appointed to be observed as a 
day of solemn fast, prayer and humiliation before Almighty God. 

Experience having demonstrated that a long continuance of a repre 
sentation of a free people is dangerous to their liberties ; a new General 
Election of members of Congress, and of District and Parochial Commit 
tees, except for Charles Town, is ordered to be held on the eighth and 
ninth days of August next ; the members are to serve during one year 
after their first meeting in Congress; and the present Committees 
throughout the Colony are to continue to exercise their functions, until 
the meeting of the new Congress. 

And, to the end that his excellency the Governor might not receive 
any unfavorable impression of the conduct of the Congress ; and that 
their proceedings might " stand justified tc the world ;" they presented 
to his excellency an address and declaration, that " the hands of the 
King s Ministers having long lain heavy" and now presses us, "with 
intolerable weight" " solely for the preservation and in defence of our 
lives, liberties and properties, we have been impelled to associate, and 
to take up arms." Your representatives iii Congress, also, " conscious 
of the justice of our cause, and the integrity of our views," readily pro 
fessed loyal attachment to our Sovereign, his Crown and dignity; and 
sensible of the public rights the equal compact between King and peo 
ple, religiously determined to do their duty, and to trust "the event 
to Providence," " they generously and constitutionally declared, they 
preferred death to slavery. 

Such have been the most weighty proceedings in the last session of 
Congress. They were " the result of dire necessity," and of cool, delib 
erate counsels, of which, the public good was the only object. 

Your Representatives having taken such important and justifiable 
steps to place your lives, liberties and properties, in a state of some se 
curity against the iron hand of tyranny do you second their laudable 
endeavors, and exert every faculty of body and mind, to discharge the 
great duty you owe to yourselves and to posterity. To this end, vie 
with each other in your endeavors to cause the resolves of the Congress 
to be punctually obeyed ; and to bring to condign punishment, those, 
who, like paricides, shall dare to attempt to contravane the measures, 
which are now formed, to defend the liberties of your country. 

Having thus endeavored concisely to represent the commencement of 
this cruel civil war ; and the situation of our domestic polity, as some 
barrier against impending calamites allow us to draw your attention to 
the progress of the war near Boston ; and to the late advices from Eng 


After the action of Lexington, the people of the four New England 
Governments assembled near Boston, to the number of fifty thousand 
men ; but, as they soon found that General Gage was resolved to keep 
close in his intrenchments, and knowing the General Congress was about 
to sit, they sent home almost their whole army ; and reserved only about 
nine thousand men as a corps of observation ; which, by posting them 
selves in lines near Boston, were sufficient to keep the General so much 
in awe, as to prevent his sending any more detachments into the coun 
try. In these positions the General waited for his expected reinforce 
ments from England ; and the American army for directions from the 
General Congress. Neither seemed to have any design of attacking the 
other. But, the Americans did not misspend their time. They sent off 
two small detachments, in the most private manner, from two different 
quarters ; and after a march of upwards of three hundred miles, they, 
at the same instant, on the 10th of May, together surprised, entered and 
took Ticonderoga, and soon after Crown Point ; two most important 
forts, that command the communication, by the great lakes, between 
Canada and the Sea Coast Colonies. By this expedition, the Americans 
have gained two hundred pieces of large cannon, five mortars, sundry 
howitzers, fifty swivels, and a considerable quantity of ammunition ; and 
to secure these passes, they have garrisoned them with one thousand 
five hundred men. 

During this time, the state of the positions at and near Boston, had 
not undergone any material change ; and the people in the country 
thought there could be no illegality in considering their property still as 
their own, and using it accordingly. But, it seems the law in this case 
had undergone a material alteration, since a military Governor com 
manding a large army, had taken post in the unfortunate town of Bos 
ton. For now, to exercise the right of ownership over property, is to 
draw upon the party the fire of the King s troops. On the third day of 
this instant, about thirty men forded and landed upon Hog and Noddle s 
Islands, situated in Boston harbor, and about three miles from the town, 
in order to drive off some live stock which they had a right to remove. 
But they no sooner began to remove their property, than they were fired 
upon by an armed schooner and a sloop dispatched from Boston, and 
forty marines that were stationed upon the islands, to guard the stock 
against the lawful owners. However, the country people, notwithstand 
ing this opposition, killed and removed part of the stock. By this time, 
they were attacked by a large number of marines sent from the men of 
war in the harbor ; and during the action both parties received rein 
forcements ; so that it is said, the regulars had one thousand men, and 


the Americans seven hundred engaged. Notwithstanding such a dis 
proportion, the Americans beat the troops off the islands, burnt the 
schooner, so disabled the sloop that they were obliged to tow her away 
killed thirty of the enemy, wounded fifty took four double fortified 
four pounders, and twelve swivels, and drove off the stock, without the 
loss of a man, having only five men wounded. 

Flattering as the conduct of the brave men of New England has made 
the situation of the American cause ; it would be injustice in us, silently 
to pass by the conduct of New York and Georgia The first has now taken 
a decisive step, in support of the common cause. They have taken the 
spare arms from the regular troops that were there stationed and they 
have put themselves in a formidable posture to receive about two thou 
sand men daily expected to arrive there from England. The people of 
Savannah have just signed an Association ; they have formed a Com 
mittee; and have summoned a Congress to meet on the 4th day of 
July they have made generous collections for the relief of Boston in 
short every appearance in that quarter prognosticates that Georgia will 
fully atone for her misconduct, owing to the little arts of a few misguided 
and unprincipled placemen. 

If we state the substance of our advices from England, we need only 
say, that on one side stand our unfortunate and deceived Sovereign 
his ministers of State the profligate part of the nobility and the 
corrupt majority of the House of Commons these drag an army to blow 
up the blaze of civil war. On our side, the favor of the Almighty 
stands confessed a Prince of the blood royal the most illustrious, 
powerful and virtuous among the nobility the most eloquent and popu 
lar men among the Commons the City of London the body of the 
English nation, are advocates for, and affectionate friends to the people 
of America and liberty. 

In a former letter, we acquainted you, that notwithstanding Lord 
North s conciliatory motion, as he termed it, on the 20th of February, 
by which, to screen us from military execution, his Lordship in effect 
very friendly demanded, that we should engage to tax ourselves in such 
sums at such times, and for such purposes, as should be agreeable to 
Parliament, that is, in plain English, the Minister. A demand, which 
Governor Martin in a late false and scandalous Proclamation, bearing 
date the 16th day June, glosses over, by fraudulently stating it, that we 
are " required to tax ourselves by our respective General Assemblies, 
only our contingent proportions (of which he cautiously took care not to 
inform the public that they are not to judge) towards defraying the 
charge of the general defence of the British Empire according to our 


circumstances and abilities (of which his excellency prudently avoided 
to mention, that the Parliament, or rather the Minister, was to be the 
only arbiter), and for our civil Government " that is for such patriotic 
officers as his excellency : " The generosity and equity of which propo 
sitions/ he very modestly adds, "can never be denied" but which 
the Americans, with one voice, declare to be cruel, iniquitous, and inad 
missible. We say, that we informed you, notwithstanding this concili 
atory motion {made without the least serious intention of a proper recon 
ciliation), a bill, on the eighth of March, passed the House of Commons, 
and received the royal assent on the thirtieth ; by which, the New Eng 
land Governments were cut off from their Fishery 5 "the natural claim 
of mankind to the gifts of Providence on their own coast, as especially 
entitled by their charters, which have never been declared forfeited;" 
by which law those governments are so restrained in their exports and 
imports, that, if they persevere in their loyalty to the confederated Col 
onies, they would be, as they now really are, cut off in effect from all 
manner of trade and be totally blockaded. We also told you, that " if 
the blockade of Boston alone, roused the whole continent to their rescue 
and support ; how vigorously ought we to exert ourselves, now that four 
entire Provinces are blockaded I" But, if you were filled with just 
resentment, because your distant friends and compatriots were so op 
pressed with new injuries ; how must you feel now, when the oppression 
is brought to your own door, and this colony is cut off from all manner 
of trade, equally with New England ! By an Act of Parliament, passed 
the 13th of April, New Jersey, Pennsylvania, Maryland, Virginia and 
South Carolina, are deeply affected ; and the British Parliament now 
attempt to compel the united Colonies to submit to slavery, not only by 
force of arms, but by a measure, which till now, has never disgraced 
the history of mankind. When the diabolical act respecting the New 
England Governments was in the House of Lords, the illustrious patriots 
there, made a protest against it, "because, to attempt to coerce by 
famine, the whole body of the inhabitants of great and populous provin 
ces, is without example in the history of this, or perhaps any civilized 
nation ; and is one of those unhappy inventions, to which Parliament is 
driven by the difficulties which multiply upon us, from an obstinate ad 
herence to an unwise plan of government." But, when this second 
famine Act passed the House of Lords, the patriots, now fully convinced 
of the inefficacy of argument, made their protest, without deigning to 
assign one reason a silence more expressive and poignant than any 
form of words they could have arranged. 

The Lord Mayor, Aldermen, and Livery of London, on the 10th of 


April last, presented an address, remonstrance, and petition to the King, 
declaring " their abhorrence of the measures which have been pursued 
and are now pursuing, to the oppression of our fellow-subjects in Amer 
ica measures big with all the consequences that can alarm a free and 
commercial people." And they tell the King, " they plainly perceive, 
that the real purpose is, to establish arbitrary power over all America." 
But, the Throne being surrounded by evil Counsellors, and the Ameri 
cans being by them traduced to the Sovereign, he gave the following 
unfavorable answer to the city of London : 

"It is with the utmost astonishment that I find any of my subjects 
capable of encouraging the rebellious disposition which unhappily exists 
in some of my Colonies in North America. Having entire confidence 
in the wisdom of my Parliament, the Great Council of the nation, I will 
steadily pursue those measures, which they have recommended for the 
support of the Constitutional rights of Great Britain, and the protection 
of the commercial interests of my Kingdom." 

But, the wicked Ministers, not content with hardening, yet again, the 
King s heart against his American subjects, they persuaded him to 
outrage the rights of the city of London, because she stood before the 
Throne in favor of America. For the very day after, his Majesty caused 
it to be notified to the Lord Mayor, that he " will not receive on the 
Throne any address, remonstrance and petition, but from the body cor 
porate of the city." And thus was it designed to prevent the Lord 
Mayor, Alderman and Livery of London from speaking to the King 
upon the subject of American calamities. The Lord Mayor in "ex 
treme astonishment and grief" at this violation of a most important 
right of the city, was indefatigable in his researches into the law and 
records upon that subject; and in an excellent letter to the Lord Cham 
berlain of the King s household, in answer to the above notification by 
him, the Lord Mayor thus expresses himself : 

" And therefore, I presume to lay claim, on behalf of the Livery of 
London, to the ancient privilege of presenting, to the King on the 
Throne, any address, petition, or remonstrance. In this manner have 
the addresses of the Livery constantly been received both by his present 
Majesty and all his Royal predecessors, the Kings of England. On the 
most exact research, I do not find a single instance to the contrary. 
This immemorial usage, in the opinion of the ablest lawyers, gives an 
absolute right; and is as little subject to controversy as any fair and 
just prerogative of the Crown. Other rights and privileges of the city 
have been invaded by despotic Monarchs, by several of the accursed 
race of the Stuarts, but this is no part of our history. It has not even 


been brought into question, till the present inauspicious era. I have an 
entire confidence, that a right left uninvaded by every tyrant of the 
Tarquin race, will be sacredly preserved under the Government of our 
present Sovereign, because his Majesty is perfectly informed, that in 
consequence of their expulsion, his family was chosen to protect and 
defend the rights of a free people, whom they endeavored to enslave. 

" Important truths, my Lord, were the foundation of the last humble 
address, remonstrance, and petition to the King, respecting our brave 
fellow-subjects in America. The greatness as well as goodness of the 
cause, and the horrors of an approaching civil war, justified our applica 
tion to the Throne. I greatly fear, your Lordship s letter immediately 
following his Majesty s unfavorable answer to the remonstrance, will be 
considered as a fresh mark of the King s anger against our unhappy 
brethren, as well as of his displeasure, against the faithful citizens of his 

Thus, fellow-citizens ! it is evident, by the clearest demonstration, 
that our rights are not to be recovered by humble addresses, remon 
strances, and petitions to the Throne. Meditate upon the King s late 
answer reflect upon the immediate outrage to the City of London. 
Say, does not the one exclude every ray of hope of an equitable accom 
modation by peaceable application is not the other a lesson in terrorem 
to such of our friends in England, as may be inclined to intercede in 
favor of America ! But, difficulties ever animated and invigorated those 
who had virtue to stand up in defence of public rights ; and success 
almost ever attended such a conduct. We are now to act in defence of 
all that is held dear and valuable Americans ! let us at least approve 
ourselves worthy of enjoying the rights of mankind ! 


[Original MS.] 

PHILADELPHIA, July 1st, 1775. 

GENTLEMEN : By direction of the Continental Congress, we have 
sent the vessel by which this goes, to procure from you a quantity of 
gun-powder for the use of the armies actually in the field for the service 
of America. The frequent severe skirmishes in the neighborhood of 


Boston have so exhausted their Magazines that an immediate supply is 
absolutely necessary. 

We entreat you to purchase all that can be bought in town, and to 
dispatch this vessel with it for this place as soon as possible ; together 
with as much as can be spared out of the public stock without danger to 
your own safety. 

Should there be any damaged powder on hand, please send it also, as 
it may be recovered here. 

By one of the resolutions enclosed to the General Committee you will 
see that it is recommended to the southern colonies to secure all the 
saltpetre that can be got as well from the stores as from private persons, 
which, as you have no powder mills erected or persons skilful in making 
gun-powder, we would advise may be sent to be manufactured here. 

Should you be able to send more than four thousand weight of pow 
der we would wish the overplus may be sent by some other opportunity. 
In order to prevent suspicion we have sent bushels of indian 

corn in this vessel which may be sold or exchanged for rice, in which 
the casks of powder may be concealed so, perhaps, as to prevent suspi 
cion, should she unhappily be unable to avoid being overtaken by a 

The utmost secrecy and dispatch are absolutely necessary. 
As large quantities of powder will be wanted we strongly recommend 
that you continue to import all that you can, and think it probable that 
large quantities might be got from the government of the Havana, as 
we can find no application there from any of these Colonies. 
We are, gentlemen, 

Your most obedient servants, 



[MSS. of C. Gadsden.] 

CHARLESTOWN, S. C., July 4th, 1775. 

GENTLEMEN : By direction of the Council of Safety, I dispatch a 
pilot boat to inform you of the good posture of our affairs, which it is to 


be hoped will encourage you to look upon us as fully resolved to exe 
cute whatever shall be determined upon by the General Congress. Two 
Regiments of horse and foot are nearly completed, and make a good ap 
pearance. The men are well sized, and their arms are in good order, 
and we have the pleasure to inform you that they are well supplied with 
ammunition. As to our apprehensions of the negroes and Indians, they 
have all passed over. Indeed, we now find that we had nothing to fear 
from the former, and the latter show the most friendly disposition 
towards us, and give us the strongest assurances of their fidelity to our 
interests. We do not wish you would send us any advices by sea, lest 
they should fall into the hands of enemies to the liberty of America, 
but we hope you will continue to send your dispatches by land. Wish 
ing success to your deliberations, I have the honor to subscribe myself, 
Gentlemen, your most obt. servt. 

To the Delegates of South Carolina at Philadelphia. 


[MSS. of C. Gadsden.] 

SOUTH CAROLINA, July 4th, 1775. 

GENTLEMEN : The enclosed is a copy and extracts of letters which 
fell into the hands of the Secret Committee, who laid them before the 
Council of Safety. They are thought to be of so great importance, that 
the Council have desired the Committee of Intelligence to transmit them 
to you, not only by sea, but through Committee conveyance by land. 
They seem to give some light on the real intentions of the Administra 
tion, and thereby you may in some degree be enabled to guard against 
its machinations. We have also transmitted proper copies of them to 
North Carolina and Georgia, and we have desired the former colony to 
forward to you our duplicate of this. We also enclose to you some 
copies of our circular letter to the Committees of this Colony. This day 
the Provincial Congress of Georgia is to sit in Savannah ; it is thought 
they will make ample amends for their past conduct indeed there is no 
doubt of it. Our own affairs continue in a good posture. The Regi 
ment of horse is nearly completed, and the Regiments of infantry are in 
great forwardness. At present between two hundred and three hundred 
garrison the barracks, and we mean immediately to establish a fortified 


post at Dorchester. The Council of Safety will go there on Thursday to 
reconnoitre the situation. 

We have the honor, to be, gentlemen, 

Your most obt. and most hum. servts., 


Committee of Intelligence. 

P. S. This goes by a pilot boat, which we have sent express on this 
occasion. You will, therefore, dispatch her back with all expedition, and 
we hope you will not fail to transmit every intelligence in your power. 
I have written and delivered to Joskey a letter of no importance, that 
he may have something like a dispatch to show to any military enquirer. 

W. H. D. 
To the Delegates from South Carolina at Philadelphia. 



Charles Town, July 24, 1775. 
To Clement Lempriere, Esq. 

The Council of Safety elected and chosen to be holden on the first day 
of June last, By these presents testify, that Clement Lempriere, Esq., 
has been and is hereby appointed and commissioned to command in the 
sloop Commerce belonging to New York, and over all and every person 
and persons engaged to embark on board the said sloop, under the 
authority of the said Council of Safety. And the said Clement Lempriere 
is hereby ordered to proceed to such places and to take such measures 
as he shall think most proper, to procure gun-powder, for the public of 
this colony, which when he shall have procured, he is ordered to convey 
to this colony with all possible dispatch. It is also, hereby, declared, 
that if any commander or officer, under the King s authority shall in 
any degree ill-treat the said Clement Lempriere or any of his company, 
the King s officers now in our power shall be treated with equal severity, 
of which all persons are required to take due notice. 

Given under the authority and by order of the Council of Safety. 


Ordered, That the foregoing Commission, be engrossed, sealed, dated, 
and signed by the President, and by him delivered, sealed up, to Capt. 
Lempriere, with orders not to be opened until he shall be arrived in 
sight of the Island of New Providence. 

All which was accordingly executed. 


Thursday, 25th July, 1775. 

The Council met. 

PRESENT, Col. Henry Laurens, President; Col. Pinckney, Hon. 
Mr. Drayton, Mr. Middleton, Mr. Brewton, Mr. Benj. Elliott, Hon. 
Mr. Lowndes, Col. Parsons, Mr. Ferguson, Mr. Bee, Mr. Williamson, 
Mr. Heyward. 

Resolved, That the following orders and Commission be given to 
Capt. Lempriere. 


Charles Town, July 25, 1775. 
To Clement Lempriere } Esq. 

The Council of Safety elected and chosen by the Provincial Congress 
begun to be holden on the first day of June last, by these presents tes 
tify, that Clement Lempriere, Esq., has been and is hereby appointed 
and Commissioned to command in the sloop Commerce, belonging to 
New York, and over all and every person and persons engaged to em 
bark on board the said sloop on the intended voyage, under the author 
ity of the said Council of Safety. And the said Clement Lempriere is 
hereby ordered to proceed forthwith, with all convenient dispatch, to 
the Island of New Providence, on that island to seize, and from that 
island to embark on board the said sloop, all such quantity of gun-powder 
as he shall find and be able to take on and from the said Island, and 
then forthwith to return to this Colony, and put into Tucker s Creek, 
Tucker s Island, North Edisto, and from thence to give notice to the 
said Council of Safety of his arrival with all possible dispatch and if 
the said Clement Lempriere, shall not be able to seize any considerable 
quantity of gun-powder in the island of New Providence aforesaid, he 
shall then proceed to such places, and take such measures to procure 
gun-powder, as he shall think most proper, and then to proceed to 


Tucker s Creek aforesaid, and thence to give due notice as aforesaid. 
And for so doing this is your warrant. 
By order of the Council of Safety. 

HENRY LAURENS, President. 


[Original MS.] 

1775. July 24. Our voyage towards New Orleans commenced. 

25. Took on board our stores of provisions, &c. 

26. Sailed over the bar with the wind at north-east ; and rain at 6 
P. M. ; anchored at South Edisto. 

27. Fresh gales with thunder squalls and a great deal of lightning; 
weighed and sailed up Port Royal Creek, where we anchored. 

28. It continued to blow hard, with rain; we got through Port 
Royal Creek, and came too at the town, and landed our stores in order 
to clean. 

29. We hauled on shore, and cleaned, and in the evening hauled 
her off again. 

30. Took on board our stores, and got ready to sail ; fell down the 
river a little. 

31. Sailed from Port Royal with the wind at south and turned 
down to Jenkin s landing. 

August 1. Grot under way and turned through Skub Creek and 
came too at Callabage. 

2. Sailed out of Tybee with the wind at south, turned to windward 
at meridian ; observed in latitude 3145 . 

3. Still plying to windward with the wind at south; latitude ob 
served 3128 . 

4. Fine settled weather, wind southerly beating to windward ; lati 
tude observed 3109 . 

5. Fresh breeze and thunder squalls, wind southerly ; latitude ob 
served 3051 . 

6. Fine settled weather with fresh gales, latitude observed 2955 . 

7. Made the Matanzas at night, came too under the fort in seven 
fathoms water, and rode all night; at 6, A. M., got under way and run 
down towards the bar of St. Augustine, where we saw a sail at anchor 


off the bar, we run down to her and hailed her, and found her to be the 
brigantine Betsy, commanded by Captain Alvere Lofthouse from Lon 
don, we boarded her with our sloop and upon strict search found on 
board of her a large quantity of gun-powder, of which we took one hun 
dred and eleven barrels, one half-barrel and thirty small kegs. Said 
vessel had on board of her twelve soldiers from the shore, eight seamen, 
the captain, two mates and steward, which was in number twenty-three 
men ; and our number was twenty-one whites and five blacks. Our sit 
uation was such on this occasion that we thought it most prudent to 
bribe the men, which we did with one hundred pounds currency, and 
the Captain accepted a draught for one thousand pounds sterling for the 
powder drawn on Mr. John Edwards of Charlestown, and at half-past 
11, A. M., after spiking up two pieces of cannon that was mounted on 
board said brigantine, we reembarked our men and made sail with a 
light air at E. N. E., the wind veered to the northward at 4 P. M., we 
passed the river St. Wans and passed a small boat stretching to the 

8. Turning to windward with the wind at N. E.; squally with rain; 
latitude observed, 3126 . 

9. Fresh gales at N. E. ; plying to windward, with all sail set and 
a growing sea ; latitude observed 3150 . 

10. Light breezes of wind ; set square-sail and top-sail, and made 
Tybee Tower, and we steered in at it through Scub Creek, and came 
too in Port Royal Creek; latitude observed 3150 . Got under sail, 
and at 10 A. M., we came too at Port Royal, and dispatched away an 
express to Charlestown, and at 3, P. M., we landed the powder. 

11. Fine settled weather with the wind to the westward. 

12. Showery and thunder squalls at anchor at Port Royal. 

13. Ditto weather. 

14. Ditto weather. 

15. Showery and thunder squalls, and express from Charles Town 
arrived with an account of the Governor s Sloop being in pursuit of us. 

16. Squally weather with a great deal of rain ; sundry companies of 
militia and light infantry came to town from the different Islands to 
guard the gun-powder. 

17. Ditto weather. Our Express arrived from Charles Town and 
brought with him a detachment of the Artillery in order to escort the 
gun-powder to Charles Town. 

18. Received on board of the Success, ninety-one barrels of powder 
and got in readiness to sail, at 10, A. M., Captain Cattel arrived in 
town with sixty men of the provincials, and offered to join us to protect 
the gun-powder to town, which we accepted of. 


19. Got all in readiness to sail ; and at meridian we weighed anchor 
and sailed through Port Koyal Creek, and run down as low as Morgan s 
Island, when we came to, with our small squadron, consisting of nine 
sail and rode all the night. 

20. At 6 A. M., we got under way, and sailed down towards Otter 
Island, and fell down to South Edisto Inlet to wait the flood at 11, A. M., 
we weighed and towed up towards Fen wick s Bluff, where we came too, 
to wait the tide, and water the vessel, in company with the different 
detachments, at midnight got under way again and towed up. 

21. Towed up to Block Island and down to Slann s Bluff, where we 
waited the tide and cooked provisions at 4, P. M. ; we run down to 
White Point and came too, to wait tide to New-cut. 

22. Got under way and towed up and through New-cut, and down 
to Wappoo, and there waited tide, to come through; at 4, P. M., we 
got under way and run into the cut and towed through and came to 
anchor in Ashly river and lay all the night. 

23. Got under way and towed up Cumrning s Creek, and at 6, A. M., 
we canie to the Bluff where we landed ninety-one barrels of gun-powder. 




FAIRFOREST, Monday, July 24, 1775. 

HONORED SIR: I received yours dated the 14th ult., wherein I am 
informed, that many reports have been maliciously asserted against me 
to the Committee of this Province, which I can make appear to be false. 
I received a letter from Messrs. John Caldwell, John and James Wil 
liams, who is said to be committee men, dated the 4th of this instant, 
requesting me to call my regiment together, in order to sign the Associa 
tion paper. Accordingly, on the 13th of this instant, I did in obedi 
ence to those gentlemen, and went to every Captain s company that was 
in the regiment, when drawn up, and requested Major Farry to read the 
paper to every company, which accordingly was done. I don t remem 
ber that one man offered to sign it, which was out of my power to 
compel them too ; but that it was agreed amongst the people in general 
to sign a paper of their own resolutions, and that application was made 
to Major Joseph Robinson, who was then present to draw a paper of 
some resolves, which the people in general did sign unto, from Savan- 


nah river to Broad river, which consisted of iny regiment, Col. Stark s 
regiment, and part of Col. Savage s regiment. I must inform you, sir, 
there is some of our highland gentlemen who are very aspiring and fond 
of commission thinking to get in favor with the gentlemen in town, 
will say any thing but the truth, and when they are as well known in 
town as they are in the country, I believe they will be of my opinion. 
In fact, we never had any representatives, not one man in fifty ever 
gave any vote for any such thing. You seem, sir, to intimate to me 
that I should have joined, but the thought of losing my commission 
seem to deter me. As for my commissions, I care not who has them ; 
a man that is to be bought by a commission, is not worthy of one, al 
though that is the price of many. I must say this in favor of myself, 
I never have concurred in those matters now in hand, knowing 1 was 
not calculated for such an enterprise ; but must inform you, sir, I am 
heartily sorry that I am looked on as an enemy to my country, I wish 
you may have no greater reason to complain against some that you little 
suspect, than you have against me. But, in the mean time, I must 
inform you, sir, I am resolved, and do utterly refuse to take up arms 
against my king, until I find it my duty to do otherwise and am fully 
convinced thereof. 

I am, sir, your honor s most obedient and humble serv t., 


Son. H. Laurens. 


[MSS. of C. Qadsden.] 

NEW YORK, July 28th, 1775. 

DEAR SIR : I am forced from Carolina to seek for health in this 
happier climate, and was desired by Col. Huger to mention to you that 
there are thirty-five Epauletts wanted for your Regiment ; also fifes and 
drums. He begs that you will send them by the first opportunity. I 
saw Mr. Ferguson an hour before I came away ; he says all his family 
are well. No news in Carolina but a confirmation of Maitland s being 
taken in Georgia with fifteen thousand weight of gun-powder. 
Sir, with great respect, yours, &c., 


Our recruiting parties meet with great success. We had in barracks 
when I left Carolina about four hundred men. 
To Col Gadsden of the Continental Congress, Philadelphia. 






It is hereby covenanted and agreed by and between William Henry 
Drayton on the part of this colony, on the one part, and Capt. Isaac 
Caton on the other part in manner following, viz : that for all such quan 
tities of gun-powder not exceeding twenty thousand weight, as the said 
Capt. Caton shall import into this Colony and deliver to the said Wil 
liam Henry Drayton or his order on or before the fifth day of November 
next, he, the said William Henry Drayton shall, for the powder afore 
said, delivered as aforesaid, pay to the said Isaac Caton, the full value 
thereof at the rate of eighteen shillings currency for each pound of pow 
der delivered as aforesaid. In witness whereof, we have hereunto, in 
terchangeably set our hands, this twenty-eighth day of July, one thou 
sand seven hundred and seventy-five. 





SIR: I received your Excellency s favors of the 26th and 27th ult. 
by express. In my last letter to your Excellency of the 31st ult., I in 
formed you of my spies, being returned with two white persons, who 
gave an account of Cameron s being arrived from over the Hills with 
twelve white men, and that he with the Seneca and other Indians, were 
encamped at Oconee Creek, about thirty miles distant from Twenty- 
three Mile Creek, where I then lay encamped ; this intelligence induced 
me to march immediately to attack their camp before they could receive 
any information of my being so far advanced, I accordingly marched 
about six o clock in the evening, with thirty-three men on horseback, 
(taking the two prisoners with me to show where the enemy were en 
camped, and told them before I set out if they deceived me, I would 
order them instantly to be put to death) intending to surround their 
camp by day-break, and to leave our horses about two miles behind with 
a party of men to guard them ; the river Keowee lying on the route, 
and only passable at a ford at Seneca, obliged me (though much against 


my inclination) to take that road ; the enemy either having discovered 
my march or laid themselves in ambush with a design to cut off any 
spies or party I had sent out, had taken possession of the first houses in 
Seneca, and posted themselves behind a long fence on an eminence close 
to the road where we were to march, and to prevent being discovered 
had filled up the openings betwixt the rails, with of and 

corn blades ; they suffered the guides and advance guard to pass, when 
a gun from the house was discharged (meant as I suppose, for a signal 
for those placed behind the fence, who a few seconds after poured in a 
heavy fire upon my men), which, being unexpected, staggered my ad 
vanced party. Here Mr. Salvador received three wounds, and fell by 
my side j my horse was shot down under me, but I received no hurt. 
Lieut. Farar, of Captain Prince s Company, immediately supplied me 
with his. I desired him to take care of Mr. Salvador, but before he 
could find him in the dark, the enemy unfortunately got his scalp, 
which was the only one taken. Capt. Smith, son of the late Capt. 
Aaron Smith saw the Indian, but thought it was his servant taking care 
of his master, or could have prevented it. He died about half after two 
o clock, in the morning, forty-five minutes after he received the wounds, 
sensible to the last. When I came up to him after dislodging the ene 
my, and speaking to him, he asked whether I had beat the enemy, I told 
him yes, he said he was glad of it, and shook me by the hand, and bade 
me farewell and said he would die in a few minutes. Two men died 
in the morning, and six more who were badly wounded I have since 
sent down to the settlements, and given directions to Dr. DeLaHowe 
and Russell to attend them. I remained on the ground till day break 
and burnt the houses on this side the river and afterwards crossed the 
river ; the same day reduced Seneca entirely to ashes. Knowing that the 
Indians would carry immediate intelligence of my strength to the place 
where Cameron lay encamped, who would directly move from thence, 
and having ordered the detachment from Col. Neil s and Thomas Regi 
ment to attack and destroy Estatoe and Taxaway and join me 
at this day at Sugar Town obliged me to march that way, which this 
day a strong detachment consisting of four hundred men has 
totally reduced to ashes, only one Indian was found there, who said the 
enemy had deserted the town four days ago, on hearing by a white man, 
that an army was advancing against them. 

[Extract from Drayton s MS.] 

(t The white prisoners gave account that Cameron had a few days before 
come from over the Hills with 13 white men and had encamped at a 


place about thirty miles of our camp, and that there were about one 
hundred and fifty white men and Indians there, and that their women 
and children had all left the town and were encamped near that place 
about the distance of five miles in length. About 1 in the morning we 
entered the town of Seneca, which we had certain accounts by a party of 
our men, who had been there two days before was entirely evacuated, 
we had, therefore, not the least suspicion of meeting with any opposition 
there the road went past the fence and not being above twelve or 
fifteen yards to a steep descent which rendered it impossible for any but 
a few of our men to engage at a time. The guides and a few others 
advanced up to the houses when they fired five or six guns on us, with 
out any damage than killing a horse, then they began a heavy fire upon 
the advance guard and centre, by which Salvador was shot through the 
body and left leg, and Salvador falling among the bushes, it being night 
and both parties mixed, they got his scalp he died without knowing he 
was scalped. Several tomahawks, blankets, shirts, &c., which fell into 
our hands were very bloody, and a great many tracks of blood were seen 
the way they retreated/ Next day retreated to his camp 

in order to preceed to join Neel and Thomas. Purves letter. 

This attack was by thirty Indians and thirty white men. Lost one 
Indian killed and three wounded. 

The Indian s spies had observed the Major s march and alarmed their 
camp ; upon which about thirty Indians, and as many white men went 
to Seneca and placed themselves in ambush. The Indians had one 
killed and three wounded. 

Seneca, four miles long, on each side the river, with six thousand 
bushels of corn &c., burnt August 1st. 

Sugar Town and Keowee, Aug. 4th. 

CAMP AT MINERAL SPRINGS, August 7th, 1775. 
SIR : You are hereby ordered to give your men leave to go to their 
respective homes, and you are to order them to get their horses recruited, 
and themselves properly equiped, and on the 18th instant you are to 
rendezvous with your company in Amelia place, known by the name of 
Flechall s old field, where you are to camp till further orders. 
From the Honorable W. H. Dray ton, or 

Your most humble servant, 




CONGAREE STORE,* August 7th, 1775. 
To the Council of Safety. 

GENTLEMEN : Having left Charles Town on Wednesday morning, 
we arrived here early on Saturday afternoon, 130 miles distant from 
town. In our way, we spent some hours at Col. Gaillard s,t and we 
flatter ourselves the visit had a good effect. It is to be hoped, he has 
not delivered himself in public so warmly, as he has expressed himself 
to us. 

Upon our arrival at the Congaree Store, we found two gentlemen of 
the bar, John Dunn, andB enj. Booth or Boote, prisoners from North 
Carolina, who had arrived here the evening before, from the committee 
at Cam den. For other particulars on this subject, we beg leave to refer 
you to our letter of this date addressed to the General Committee. 

As a first step to the particular object of our progress, upon our 
arrival here, we despatched notices to particular persons of influence 
among the Dutch, to endeavor to procure a meeting of them at the 
place of election as on this day. To our great mortification not one 
German appeared, but one or two of our friends who had been indus 
trious to procure a meeting. By them we were informed, their coun 
trymen were so much averse to take up arms, as they imagined, against 
the king, least they should lose their lands ; and were so possessed with 
an idea, that the rangers were posted here to force their signatures to 
the association, that they would not by any arguments be induced to 
come near us. Add to this, that a report had ran among them, that 
we had brought up orders to let the rangers loose upon them to destroy 
their properties. However unfavorable these circumstances are, we 
hope you will not be alarmed at them ; we yet have some hopes of suc 
cess, though we confess they are but small in this quarter. 

We have engaged Col. Thomson to order a muster of two Dutch com 
panies in this neighborhood on Wednesday next, and we have declared 
if the officers disobey they shall be broke. This threat was highly ne 
cessary, as the Dutch Captains had some little time ago disobeyed such 
an order, alledging that extra musters were warranted only by orders 
from the Governor. We hope this step will oblige a part of the Ger- 

* This was situated just below the large ditch, which crosses the road a few hundred 
yards below Granby. 

fThis was Tacitus Gaillard who lived in St. Mathew s Parish, about the Eutaws, 
and was then a member of the Commons House of Assembly. 


mans to give us a hearing ; and as we flatter ourselves that our discour 
ses to them will not be entirely lost upon them, we expect these will 
induce others of their countrymen to be willing to hear what we have to 
say. With this view, and to give such persons an opportunity of hear 
ing us } we have engaged one Dutch clergyman to perform service at 
one place on Friday next, and another, at a second place on Sunday 
next, at both which places Mr. Drayton will be present. And in the 
mean time, as we know in general, that an argument relating to money 
matters most readily catches a Dutchman s ear, we have declared that 
no non-subscriber in this settlement will be allowed to purchase at, or 
sell to this store or Charles Town. When Mr. Drayton shall quit the 
Dutch settlements on Sunday next, after having had on Saturday a 
meeting with a large number of people of all sorts, at one McLaurin s, 
a store keeper, hitherto an enemy, but now, at least in appearance, a 
friend, he will proceed up the fork to Col. Fletchall s, at which place he 
may arrive on Tuesday. While Mr. Drayton shall be thus proceeding 
in the fork between Broad and Saluda rivers, Mr. Tennent will, on 
Wednesday set out to proceed through the Irish settlements on the north 
side of Broad river up to Rocky Creek and thence join Mr. Drayton at 
or near Col. Fletchall s. Those settlements are numerous and ready to 
sign the Association. 

We have various accounts respecting the disposition of the people in 
Fletchall s quarters ; some say we will not be heard. Indeed, we expect 
much trouble ; however, we flatter ourselves that we shall one way or 
other meet with success. We have dispatched proper persons before us, 
who we doubt not will much contribute to prepare the minds of the 
people to hear us favorably. Mr. Hart has just come up to us with 
another clergyman of his persuasion. These gentlemen will to-morrow 
proceed towards Fletchall s quarters. 

We have consulted with Col. Richardson touching Mr. Sumter s ap 
plication to the Council. The Colonel readily approved not only of the 
measure, but of the man, notwithstanding Kirkland recommended him 
as his successor in the company of Rangers, which he has so treacher 
ously quitted and attempted to disband. The Colonel, nevertheless, 
from his seeming connection with Kirkland, purposes to keep a sharp 
eye upon Mr. Sumter s conduct. 

Yesterday Mr. Tennent performed divine service in Camp ; and in 
the afternoon Mr. Drayton harrangued the Rangers respecting the new 
and extraordinary power by which they were raised ; the nature of the 
public disputes, and the justice of the cause in which they were en 
gaged j the nature of their allegiance to the King and their duty to 


their country, their families and themselves ; their duty and obligation 
to oppose and attack any British troops landing in this colony ; their 
honor was awakened by contrasting their personal value and importance 
against the importance of the British troops ; their complaints respect 
ing provisions were entered into, and they were assured the public 
meant to do all that could be done for them consistently with the nature 
of discipline and the calamitous situation of affairs ; they were informed 
that the public could not so much dishonor them as to imagine they had 
enlisted merely for pecuniary gain, but persuaded that they being actu 
ated with a nobler motive, all men were willing to believe, that they 
without wishing to be at ease in every respect, as in a regular service 
under an established and quiet Government, did not, as they could not 
in honor or conscience, desire more than absolute necessaries. And that, 
if they thought it a hardship to go abroad to procure provisions, the 
Council were ready to save them that trouble by deducting a reasonable 
sum from their pay, and supplying them with provisions in the manner 
in which the foot were furnished. They had grumbled about tents, 
and were now informed that the British troops in America during the 
last war, not only generally used but preferred huts made of bushes. 
Finally, encomiums were passed upon the progress they had made in the 
art military, and it was recommended to them in the strongest terms to 
pay the most perfect obedience to their officers, as the only means by 
which they could become good soldiers, and to defend those liberties 
and rights which they appeared so willing to protect. Hitherto there 
has been but little subordination. 

To these things Mr. Tenuaut added assurances of the value of Con 
gress currency which many people had endeavored to depreciate in the 
opinion of the soldiers, and he read and commented upon the declaration 
of the General Congress. 

These things being finished, we left the camp in apparent quiet satis 
faction and content, the men on being discharged expressing their thanks 
to us. But about midnight, an officer stole from the camp (about two 
miles off*) and gave us the most alarming intelligence that a most dan 
gerous mutiny had broke out in, and prevailed throughout the whole 
camp, in which there was no longer any command or obedience ; that 
the men were in an uproar at the idea of a deduction of their pay, for 
they had in general been promised provisions above their pay, and they 
were determined to quit the camp this morning and disband. Col. 
Thompson and Capt. Kershaw lodge with us ; they were willing to do 

* At the Congaree Creek, below Granby. 


any thing that was thought proper. We consulted with them upon the 
case, and it was thought most advisable not to take any step in the night 
or for either of those officers to go to the camp ; but that time should 
be allowed for the men to cool, and for the three Captains arid other 
officers in camp to sound the men, and learn who would be depended 
upon. This measure had the effect we expected, and this morning the 
men appeared quiet, and it became evident that the disorders arose from 
three or four privates of profligate dispositions, and from improper con 
duct, declarations, and conversations of some officers. Capt. Woodward 
had incautiously at enlisting his men, made promises which proved 
grounds of discontent and disappointment, and yesterday had even the 
rashness to attempt to be spokesman to us in the hearing of the Rangers 
in favor of their being found above their pay ; and Lieutenant Dutarque, 
also attempted to inveigh against the cruelty of keeping men encamped 
without tents. Such topics had by these officers frequently been touched 
upon heretofore, but we have privately given them a lecture upon the 
subject, and we hope as they heard us in a proper manner, that it will 
have a good effect. From such sources, however, it is plain the disor 
der of last night arose. The Rangers were this morning marched from 
camp to this place, where Mr. Drayton harrangued them upon the dis 
order of the last night, attributing it to a few disorderly persons, who in 
this the first instance, would by the Colonel be passed over unnoticed, 
in hopes such lenity would work a reformation in them. The conse 
quences of a mutinous conduct were described as tending to expose 
them to the derision of their neighbors and enemies, and to cover them 
and the whole corps with shame, contempt, infamy and ruin, without 
effecting the public service ; for, if they should prove unworthy of the 
service, they would certainly be brought to condign punishment, and 
other and more worthy rangers be found to supply their places. For 
they ought not to flatter themselves, that because some parts of this 
country were disaffected, that therefore they could desert and be in 
places of security. If any should desert they must some time be off 
their caution and guard, and then they would be seized, for a reward 
would be put upon their heads no money would be thought too much 
to ferret them out wheresoever they should go ; and dead or alive they 
would certainly be carried to Charles Town. The situation of America 
was placed before them. On one side of the question stood almost in 
finite numbers, supported by wealth and men of learning and abilities 
to plan and execute measures to overcome their opponents, who, of the 
Americans were only a few men of little property and less knowledge 
and abilities to conduct affairs; and they were asked, if they could pos- 


sibly think there was any safety among such men. The obligation of 
their oath was strongly insisted upon ; and as to provisions, it was de 
clared that the officers would endeavor to encourage people, of whom 
many were willing to supply the camp ; in which case the soldiers should 
purchase as they pleased in camp, where, when there were any provis 
ions they should not be allowed to go abroad to seek what they could 
find at home. They were told, they were not now to look for rewards, 
but that they must expect them when these troubles were over. For, as 
in the mean time it would be known who among them behaved with due 
obedience, and who conducted themselves otherwise ; so, all these things 
in time to come would be remembered by the gentlemen below, who 
would in private affairs shew to the first all kinds of favors and acts of 
friendship whenever opportunities should offer; and they would care 
fully mark the latter, and discountenance and thwart them upon every 
occasion. This discourse we flatter ourselves had a full effect. They 
were called upon to say what they pleased ; except three men, they were 
all well satisfied and contented, and showed the most perfect submission. 
These three were properly checked, and the worst of them severely rep- 
remanded and spoken to in private. 

We have thus given a particular account of our conduct to the troops 
and the nature of our discourse to them ; by which, you will be enabled 
to have an idea of the method in which we purpose to discharge the 
duties of our journey. If we have done any thing amiss, or have been 
deficient in treating the subject, be pleased to make your observations 
and we shall endeavor to conduct ourselves accordingly. 

As well to remove the apprehensions of the Dutch settlers as those of 
the interior parts, that the Rangers were posted here to force measures ; 
and to remove every idea that we came up to issue orders to plunder 
and lay waste, as well as to allow the soldiers to go home to places of 
election, and to procure necessaries, and to shew that we place a confi 
dence in their good behavior, we have this day broken up the camp and 
sent them to their respective homes under their officers, with orders to 
repair to a new camp in Amelia about thirty miles below this, and to 
join there on the 18th inst., at which place Maj. Mason is likewise 
under orders to appear at the same time with Capt. Purvis Company. 
For the Major s personal presence in 96 is of disservice to the public 

"We find that Moses Kirkland is gone to town to the Governor; we 
have issued private directions to apprehend him in his return home, in 
hopes of taking upon him some papers from the Governor, as it is gen 
erally suspected he has gone to procure proper authorities from Lord 


William to counteract and oppose the provincial proceedings. Whether 
he has these papers or not, he will, if taken, be carried to you ; for, if 
upon searching him, no papers shall be found, it may be of evil conse 
quence to set him at liberty to continue his journey home ; for, as he is 
very active in poisoning the minds of the people, he will greatly inter 
rupt our proceedings to compose them. At any rate, he ought to appear 
before you to answer for his conduct in disbanding his men ; and such a 
step will have good effect, as it will show vigor in government, and will 
have no tendency to alarm the non-subscribers up here, because Kirk- 
land, from his own act and consent is amenable to the law military. 
With regard to Capt. Polk, we are at present silent, but we hope you 
will not delay to fill up Captain s Commissions for those two vacancies, 
by promoting the two eldest first Lieutenants, as in such a case Mr. 
Heatly will speedily procure full compliments of recruits for 
and himself. We also beg leave to inform you that a Surgeon s mate 
is necessary for the Rangers, although there is no provision for such a 
post by particular act of Congress, yet it may arise from your power, as 
such an officer is, in our opinion and the Colonel s, necessary for the ser 
vice. We beg leave to recommend Lieutenant Thomas Charlton, a man 
of experience and reputation in physic, and who came into the corps 
under an idea, that there was provision for such an appointment. He 
is worthy of the first post in that line in the Regiment ; but being wil 
ling to serve the public in this cause, he is content with the last rank in 
the way of his profession. 

We are like to incur a heavy expense in horses. For Mr. Hart and 
ourselves five were purchased in Charles Town. One of these we have 
been obliged to swap, giving 20 to boot. Three others have failed so 
much that we are obliged to purchase others, and leave these with Col. 
Thomson to dispose of, at the best rate. We shall draw upon you for 
these three to be purchased, as we do not chose to make so large a dis 
bursement out of the sum in our hands, as also for two others, to accom 
modate Mr. Hart s companion and Mr. Tennant s excursion. These 
horses are good, and in all probability will sell after we have done with 
them, for more money than they have cost the public. 
We are gentlemen, 

Your most humble servts., 


P. S. The Rangers perform their exercise at least as well as the 
Regulars in Charles Town ; and we have taken the liberty to open a 
public letter to Col. Laurens from Col. Fletchall. 



[Original MS.] 

CONGAREE, August 9, 1775. 
To the Council of Safety : 

GENTLEMEN : This afternoon Mr. Tennent and Col. Richardson sat 
off upon their progress on the north side of Broad River. Mr. Ker- 
shaw, who came from Camden to-day, remains to continue the progress 
with me, through the fork between Broad and Saluda rivers. 

Last Monday, Mr. Tenuant and myself gave you an account of our 
conduct until that day inclusive ; I have now the honor to continue the 
diary, by which you will see, that, at least, we do not allow our time to 
pass unemployed in the service upon which we have been sent. 

Yesterday, being Tuesday, we went over the Congaree river some 
miles to an election ; to which some evil disposed persons purposely 
went to do what mischief lay in their power. Mr. Tennant and myself 
spoke a considerable time ; and I have the pleasure to inform you, that 
we gave at once general information and satisfaction ; for we had the 
good fortune to speak so as to be universally understood. In short, 
those who came with an intent to disturb the meeting, became converts 
and cheerfully signed the Association. And, the election being finished, 
the people formed themselves into Volunteer Companies. 

This day we procured a German audience by the means of a muster 
by the order of Col. Thomson, of which we informed you in our last. 
During our discourses, the falling tears from the audience showed that 
their hearts were penetrated, and that we might hope for success. In 
conclusion all who were present signed the Association, except fifteen 
persons, who mildly desired, nay begged to consider of the affair until 
Friday, when they would certainly meet me at the place of divine ser 
vice. They have since assured me they will then subscribe. All per 
sons joined in the election, which we judged it necessary to postpone 
yesterday and the day before, as no persons appeared ; and as we judged 
we had authority so to do, as such a proceeding tended to compose the 
people, and bind their obedience to the measures of the Congress by 
giving them an opportunity of electing Representatives after they un 
derstood the nature of the dispute in which the British Empire is 
engaged. I expect a large meeting on Friday next, when I expect 
equal success ; by which the whole Congaree settlement will be made 
parties in our proceedings. I shall then attend two larger assemblies of 
the people on Saturday and Sunday ; and I have now no doubt of sue- 


cess in the Dutch settlements. Summer and Neuffer pased by this place 
yesterday, and continued their route into the Fork, and into those parts 
where I shall be on Saturday and Sunday. 

I inclose an affidavit, by which Kirkland, I make no doubt, will be 
thought deserving of the last punishment. I shall not forget him in 
my return to Town, but this you will be pleased to keep secret; for, if 
he shall be allowed to remain in the country after our return, our pro 
gress will have been in vain. 

I have drawn an order upon the Council in favor of Mr. John Ches- 
nut for four hundred and five pounds, for four horses purchased by Col. 
Thomson for the service of the progress. He assures me, the public 
will not lose any money by them. 

I find by your letter to the Committee here, that you approve their 
idea of Dutch wagoners carrying certificates of their having signed 
the Association. Summer upon his return, I hear, rather laughed at it, 
and said wagons might easily sell their loads in Charles Town without 
any danger of enquiries for such certificates. I am very sensible, and 
the Committee here agree with me, that wagons may pass without their 
knowledge, and unless there shall be some particular persons to watch. 
I dare say you, gentlemen, will readily agree with me, that many wagons 
may easily dispose of their loads in Town without a certificate ; if but a 
few shall be so successful, I assure you it will be of great detriment in 
these parts. I, therefore, do most earnestly represent it as an object 
worthy your consideration, that a constant guard of regulars be placed at 
the Town gates, to inspect and enquire of all wagoners from the Con- 
garees, the Fork between Broad and Saluda Rivers and Fair Forest, for 
certificates of their having associated, and who shall cause them to 
return if they shall be destitute of such a passport. As I know such a 
conduct will have great influence in those parts; I shall give the inhab 
itants to u-nderstand that such a regulation will take place. 
I have the honor to be, gentlemen, 

Your most obd. sevt., 



[Original MS.] 

CHARLES TOWN, August 11, 1775. 

DEAR SIR : I cannot let this opportunity slip without giving you a 
piece of intelligence, which I am sure will please you. Our Admiral 


and his crew have behaved like heroes; they have lightened Capt. 
Loftres of six tons of the needful; they surprised a superior crew, and 
took it out of the vessel lying at anchor within a mile of the castle of 
Augustine; ten soldiers were on board, but luckily they had no arms 
with them ; in short, Providence favored us in all points of winds, seas, 
tides, &c. 

I hope you have received my two letters by Gibson, and that I shall 
hear from you shortly. 

Present my compliments to your colleagues and fellow laborers, and 
believe me, 

Yours, aifectionately, 


P. S. After writing the above, your letters from the Congaree Store 
were opened. I am sorry to hear you have been under a necessity of 
exercising your abilities upon the soldiery by sermons and harangues 
I wish you may not have thrown your jewels among swine. Fletchall s 
letter promises nothing favorable ; I confess I have not the slightest 
hope of your succeeding in that quarter; my opinion is, that we shall at 
last be obliged to have recourse to your device and motto [an arm with 
a drawn sword is here represented] " et DEUS OMNIPOTENS." 

" Si quid novisti rectius istis, 
Candidas imperti, si non HIS utere." 
Vive, valeque, 

et sis 


* Ecclesiastica terra non in oppido est; si veniet, ibit ad diabolum, 
saltern in carcerem causidici in custodia sunt "erant mendaces ab 
initio (ut legebat puer,) et in Gehennain injicientur De " Gehenna" 
consule TENENS qui tecum est. 

TENENS a TENEO, I hold fast, forsan ad fidem, sed roga ut vita 
sic nomen. 

MOSES sub nebula est, verbum sapienti, ride si sapis. 


[Original MS.] 

CHARLES TOWN, Sunday, August 12, 1775. 

DEAR SIR : Since I wrote the d d stuif contained in the inclosed 

letter, more for my own amusement during a long sitting at the Council 

* Verbum anglicanum scotice pronuntia. 


table in debate about nothing, than for your profit or entertainment 
upon receipt of it, your second set of letters canie to hand, with one 
for myself dated the 9th inst., for which I am obliged to you. 

It gives us particular pleasure to find you have had so much success in 
your labors what would I have given to have been a spectator at the 
Dutch crying bout, with an Hogarth s pencil in hand ? one of you cer 
tainly must have been vastly moving, whether Tennant or yourself, we 
are much at a loss to know, for I find you have united the orators under 
the word we, and thus confounded religion and politics. The plan of 
your operations is much approved of. 

I like sometimes to see a man turned inside out, but as to Tacitus, I 
may with a small alteration, say with the poet, " ego ilium intus, atque 
in cute novi." 

The affidavit proves Capt. K. a seditious, rebellious son of a b , 
and the letter declares Capt. P. not to be one of the best of folk for 
God s sake as you come down sweep the chimney of the State, or we 
may shortly have a bonfire as you say it shall be done I trust it will. 

The General Committee are to sit to-morrow morning upon the trial 
of the two lawyers ; we have the papers in hand, and without doubt 
they must be convicted, but what the devil shall we do with them ? 
what Boot will fit Dunn or what shall be Done to Boote ? I wish they 
were at the Provincial Camp. I suppose we shall dine late for the busi 
ness is to be completed at one sitting. 

A Mr. Walker, gunner of Fort Johnson, had a new suit of clothes 
yesterday, without the assistance of a single tailor his crime nothing 
less than damning us all. During his circumcartation he was stopped 
at the doors of the principal non-associators, and made to drink damna 
tion to them also, not excepting our friend Sir William, on the Bay. 

A Committee is appointed, and will sit on Tuesday to receive the 
answers of the non-subscribers whether they will swallow the oath or 
not, Dr. M. s answer to the Messenger who summoned him, was " that 
he should not take the oath, and he did not know whether he should 
obey the summons ;" this answer preceded the show of yesterday ; 
whether that will alter his tone or no, I cannot say. 

Nothing has yet been concluded upon but the tender of the oath to 
these people. I have twice pushed hard for the " Resolution for attach 
ing Estates in case of Desertion," but have not been lucky enough to 
get a second j the matter, however, is not rejected, only POSTPONED. 
Rawlinus postponator, declares the resolution not proper to proceed from 
the Committee of South Carolina, and so arbitrary, that nothing but the 
Divan of Constantinople could think of promulgating such a law. I 


still, however, do not despair, and shall make another trial or two, for I 
believe at last the State motto must be " urgendo vincimus." 

The proposal of having wagoners examined by the guards before they 
enter the town gates will be taken up the first time we have leisure for 
considering it, and I doubt not will be adopted. 

I have mentioned your request respecting the vacancies in the Regu 
lars, and the blank commissions are all forwarded to Thomson by this 

I also this day once more urged the necessity of entrusting you with 
blank commissions for Volunteer Companies on the back of Fletchall, 
and with some difficulty carried my point ; so that the President will 
inclose you six setts; it is expected, however, that you will have the 
resolution of Congress strictly complied with before delivery of the Com 
missions, I mean as to the associating of fifty men and the election of 
officers, and that you will bring down with you copies of such associa 
tions and lists. The Continental Congress strongly recommend the 
dividing the militia of each colony into regiments or battalions. If we 
should carry that point also in Council, it will be a means of diminish 
ing the influence of Fletchall and every scoundrel like him in the 

If I mistake not Col. Laurens mentions these matters to you by order, 
and will also intimate that if any complaints are lodged against Fletchall, 
he will be deprived of his commission. It is said he abuses much the 
authority vested in him as a Justice of the Peace, by issuing process 
contrary to the express laws of the Congress if you should find that to 
be the case, I think you might, and no doubt you will, draw a very 
weighty argument for rendering him despicable, from his abuse of power, 
especially in your discourses among the poorer sort ; but why do I men 
tion what must occur to you ? 

I know not what Stuart has said to you, but his letter to us is evasive 
in the last degree ; Muckenfoos tells me upon delivery of the express 
he turned as pale as his shirt tail behold the " mens conscia." 

We have notice that one or two of our vessels are upon the coast with 
the needful, but no particulars. We have a flying report that Washing 
ton has entirely defeated the King s forces, but do not credit it; I fear 
it is too good to be true. 

It grows too dark to see what I write, and I grow so stupid that you 
must excuse my breaking off abruptly and telling you that I am, 

Yours sincerely, 




[Original MS.] 

CHARLES TOWN, 13th August, 1775, midnight. 

DEAR SIR : Your letters to the Council of Safety have afforded great 
satisfaction not only to me, but also to every one who has heard them 
read in short, I don t know who is not pleased with your pro 
gress; either for the services you render, or your absence though 
Arthur, Charles and Peter most earnestly wish for your presence in the 
General Committee and, therefore, I in particular, hope your progress 
in adjusting matters may be surprisingly rapid. I make no doubt, that 
Brewton, Parsons, &c., wish you to remain some time longer in the 
back country. But should you be solicited to do so, beyond your incli 
nation or absolute necessity (that nothing may go amiss) I hope you 
will desire they be sent to relieve you. 

We have not had a syllable of news from the northward since what 
Mr. Middleton wrote you that man is worth his weight in diamonds. 
The packet you left here, did not sail before last Monday, and was con 
veyed to some distance by the Tamar, which returned into Rebellion 
Road on Thursday the very day on which Lempriere returned success 
ful to Beaufort, from the errand on which he was last ordered. Your 
appointment was sent by the packet; as there has been no other con 
veyance. Yesterday evening the gunner of Fort Johnson, (one Walker) 
had a decent tarring and feathering, for some insolent speech he had 
made. There is hardly a street throngh which he was not paraded 
nor a tory house where they did not halt particularly, Innes , Simp 
son s, Wragg s, Milligan s, Irving s, &c., &c., &c. At Gen. Bull s they 

stopped, called for grog ; had it made Walker drink d n to Bull, 

threw a bag of feathers into his balcony desired he would take care 
of it till his turn came, and that he would charge the grog to the account 
of Lord North. Finally, the wretch was discharged at Milligan s door. 
The people were in such a humor, that I believe there was scarce a non- 
subscriber who did not tremble, and Wells had his shop close shut. 

The order of the General Congress respecting armed vessels, pleased 
me so well, that every member of the Committee took notice of it in 
my reading. But I wished for you on that occasion. I thank you for the 
list of members of Congress, among which I rejoice to see your name. 
Shall be glad to hear of the elections for the other districts. 

I suspect Robinson is corning to town, and think it will not be amiss 
to have a look out kept for him, as well as the man you have mentioned. 


Business has gone on very slowly in the General Committee. The 
Council seem to have a right to take up all. However, Dunn and Boote 
are to come before the former to-morrow morning. Aug. 2nd. The 
same oath was required to be tendered to all non-subscribers, and the 
word voluntary voted out of the first. 3. The motions by Mr. M. were 
all postponed for a Committee for sequestration and flo intercourse but 
with the merchants and public offices. 4th. Letters from the Dele 
gates, and from Stuart (which Mr. M. has undoubted^ advised you of) 
were read ; and the consideration of the questions further postponed until 
Monday. 7th. Complaint of sheep-killing, and orders of the day again 
postponed, llth. Pinckney, Roberts, Middleton, Powell, Heyward, 
Scott and Bee, appointed a Committee respecting non-subscribers the 
resolve respecting sequestration lost on a question the next not insisted 
on. [The above Committee have caused the non-subscribers to be sum 
moned to appear before them on Tuesday morning, 9 o clock, and ordered 
a copy of the oath required to be taken, to be shewn them respectively. 
Milligan has said, he will not take it, nor does he think he will obey the 
summons Innes sent to Col. L. this day, 13th, for his advice.] 12th. 
Evening, General Committee called to lay before them your letter of 7th, 
and Mr. Kershaw s of 8th, to know whether they or the Council of 
Safety should decide when it was resolved the General Committee 
should take the matter under their consideration to-morrow morning 
and this is all the business we have done. 

The cannon remain mounted as when you left this. In truth, I wish 
the Council s business had been confined, to execute what the General 
Committee should order. But I can keep awake no longer. 

I never have had a moment to write you before. Annexed er in 
closed will be a list of such Members of Congress as I know are elected. 
Tis difficult to keep up my spirits. But, I am, 

Always, sincerely, yours, 



[Original MS.] 

KING S CREEK, NEAR ENOREE, August 16, 1775. 
To the Honorable the Council of Safety : 

GENTLEMEN : From this place, about ten miles below Hendrix s 
mill, upon Enoree, and about one hundred and eighty miles from 


Charles Town, I am set down to lay before you my proceedings since 
my last letter by Mr. Chesnut s express. 

On Friday last I left the Congaree store and proceeded to a Dutch 
Church about ten miles higher up Saluda. I here gave a discourse to 
the congregation consisting entirely of Germans, in which I thought it 
prudent to mix many texts of Scripture shewing that our breaking off 
all trade and communication with non-subscribers was not any force put 
upon them. To my great surprise, only one of the congregation sub 
scribed the association. I found, that some of the non-subscribers on 
Wednesday last had been very active to prevent these people from 
associating, and had even perverted those of the fifteen who on that 
Wednesday had heard me, and told me they had no doubt but they 
should subscribe at the church. Upon this, I declared that no miller, 
who was a subscriber, should grind wheat or corn for any person who 
was a non-subscriber. This gave an immediate shock, and has given a 
general alarm among the Dutch, from which with some other operations 
I expect a desirable effect. Hence I proceeded the next day, being 
Saturday, into the Fork between Broad and Saluda river to McLaurin s, 
where I had a pretty large meeting of Germans also, and some who had 
already heard me twice without the desired effect. Here I did not pro 
cure one subscriber. McLaurin threw a damp upon the people, as did 
also some other leaders whose names I have taken down. Summer was 
present, and so was Neuffer. But Summer kept at a distance, and is 
a false brother. He reproached Jonas Beard as being the cause of his 
being made to subscribe in Charles Town, and was near beating him. 
I saw none of this, but heard ot it after the company broke up. Neuffer, 
had the day before gathered about one hundred people together, and 
was in a fair way to procure a numerous subscription, but McLaurin 
hearing of the meeting and posting to it, soon put a stop, only by his 
presence, to the business. Ten had subscribed, but after his appear 
ance, not one person added his name. 

On Sunday I intended to have been at another place of Divine wor 
ship, but when I got near, I found Summer, to avoid being present at 
the discourse, had gone to another place of worship. 1 now reflected 
that as he was a leading man in this neighborhood and by his absence 
manifested his dislike to what I came about, and also that most of my 
hearers on the day before were from this part of the Fork, I thought I 
might save myself the mortification of preaching to a people who were 
obstinate and would not hear. Mr. Kershaw being of my opinion, we 
made the best of our way from that stiff necked generation to this place. 
Thus, I may pronounce, the Dutch are not with us. 


Here is a settlement in our favor. It begins near about the division 
line between Orangeburgh and Ninety-six, and reaches to Hendrixs 
mill, upon Enoree-. Yesterday I had a pretty large gathering as we say 
here ; and I gave a discourse which was generally satisfactory. Having 
finished and the people expressing their pleasure and readiness to sign, 
a man stept in, and said Cunningham was at hand, and he hoped the 
people would stay and hear what he had to say. Immediately all was at 
a stand. The company now expected to hear the affair argued on both 
sides, and thus I was to be made a public disputer in spite of my teeth. 
Cunningham arrived and I asked him and his company to a dinner I 
had prepared for some of our friends. The report ran, that Cunning 
ham had brought a proclamation from the King, showing the fallacy of 
the American proceedings. After dinner I took Cunningham aside and 
spoke to him seriously and politely; all was in vain. We then collected 
the people, and he and one Brown, he that was tarred and feathered at 
Augusta, (I believe the person who sent the letter of which Mr. Brew- 
ton took a copy the night before we left Georgia) a Scotchman, took out 
Dalrymple s address from the people of England to the people of 
America; which they had received from Lord William Campbell. This 
Cunningham evaded but did not deny, when I charged him with having 
received it from that quarter. I am assured from several persons that 
Lord William did actually send it up. I am afraid it is likely to do 
much mischief. This pamphlet was read by Brown from beginning to 
end. I took notes as he went along of every material part, and then t 
answered the whole. I applied ridicule where I thought it would have 
effect, the people laughed heartily and Cunningham and Brown could 
not but grin horribly. In short I so answered the whole, that the peo 
ple rejoiced, and Cunningham had not one word to say in reply. The 
people are perfectly satisfied, and I am heartily glad that this pamphlet 
was produced for people have, now they say, heard both sides of the 
question and the general conclusion is that Cunningham is beat out of 
the field. Sure it is that he was highly mortified ; and with his com 
panion, Brown, stole away. 

At the day of election the people of this part of the Fork assembled at 
Ford s, on Enoree, to choose representatives j but a letter from Cunning 
ham, Kirkland, and others arriving, the election was quashed, and the 
people departed. I have given notice that there will yet be an election, 
at which I mean to be present. There has not been any election in the 
lower part of the Fork, and I have appointed one to be holden on the 
24th. These measures I think tend to compose the people and to bring 


them to conform now, as nearly as may be to the resolution of Congress, 
and therefore I thought myself authorized to order these elections. 

I am informed, Mr. Hart is rather ridiculed by Fletchall and his crew. 
I am just setting off for the Colonel s head quarters. 

I have the honor to be, gentlemen, 

Your most obdt. servant, 


P. S. I have agreed with the express that he shall be paid fifty 
pounds, which I make no doubt you will cause to be paid. If that 
pamphlet was answered and copies sent into the country, it would have 
a good effect. 


[Original MS.] 

KEOWEE, 16 Aug. 1775. 

DEAR ANDREW : I had the pleasure of your letter by Holmes with 
the articles sent for Molly, but they were of no service, being too narrow. 
Your letters by Grey or Morris I saw nothing of. 

Mr. Thomson arrived here about ten days ago, round about by Col. 
Fletchall and the heads of Saluda, after his miraculous escape from the 
party of Liberty Boys under the command of the heroic patriot Capt. 
Hamilton, of Augusta. He has had and is still very ill with a fever 
since his arrival, I believe owing to fatigue and uneasiness of mind; I 
am extremely sorry for Mr. Brown s fate. But I am still more con 
cerned for I. Lyon and poor Donald not hearing from you, and Mr. 
Thomson informs me that you were both obliged to push the same day 
that he and Mr. Brown were attacked. But I hope it is not so, other 
wise I should see you here or learn what come of you by some means. 
Late last night John Bench arrived here, with father, from Occonos- 
totah. He desires that I would write to Gov. Wright relative to the 
ammunition, and Charles Town also. Its a hell of a talk he says that 
he and his people are very cross about the usage their father met with 
in Charles Town, and me at Long Canes being obliged to leave our 
houses. That they see plainly that the white people mean a war with 
them, and they will be glad to know, if they intend it this winter or 
next spring, for the sooner they begin the better. They are to a man 
resolved to stand for the great King and his warrio^ji. They desired 
that I would immediately repair over the hills and live there. If the 


people below heard this talk, they would imagine it to be something of 
my dictating but upon my honor I never had any concern in it. I beg 
you ll let me know if you have any prospect of getting any ammunition 
for the Indians, or whether there are any hopes of getting the quantity 
which was promised by the Liberty men. Where is Mr. McGilvray to 
land your goods. Pray let me hear, if you know what has become of 
Mr. Stuart, and if you heard any thing of Allan. I hope you will not 
supply Hughes with any more goods ; he is one of those whom the Gov 
ernor promised that he should not have license to trade. Besides, you 
will lose by him, for he will get killed soon, or bring a war upon the 
Indians. The Long Canes people are determined to kill him. The 
Creeks steal their horses and bring them in to Tooguloo, and there sell 
them for rum. This is very evident, so that you need nt say a word in 
his behalf. Jos. Vann is another of your traders, and one that Governor 
Wright promised to exclude from the benefit of the Indian trade. I 
am determined to rout them when matters are a little more settled, if 
others will let them stand so long. 

You did not send my account by Mr. Holmes as I requested ; and 
you wrote that no money could be had. My Treasurer, Mr. Stuart, is 
banished and in these days of distraction I do not know where to apply. 
About Long Cane the people begin to change sides. The people see 
their error and are determined to stand in support of law and govern 
ment. I routed the fever and ague, but am not as yet strong enough. 
I thought I should go. The Cherokees are the most faithful Indians 
on the main. They would die, all hands, in my defence. Write a great 
deal about every thing, and tell me about Mr. Mackay and his family. 
I think you said Donald was coming up. How does Monsieurs Grierson, 
Johnston, the parson, and poor Hammerer, and all our friends. The 
man is going, and I have devoted all the time I could dispense with in 
writing this scrawl to you, so that you have it in quantity if not in qual 
ity } but I am convinced you will look over any blunders that may be 
committed by 

Dear Andrew, your constant and sincere 

friend and humble servant, 


If the butcher, Malborrow, has a mind to shew his war exploits, let 
him come up with a party to the Green Corn dance, which will be in a 
few days at Seneca. 

Andrew McLean, Esq. 




[Original MS.J 

BULLOCK S CREEK, Aug. 20, 1775. 

DEAR SIR : We expect to write you a public letter next Wednesday, 
but opportunity offering I must inform you that after visiting the upper 
part of Col. Richardson s regiment and the High Dutch in the Fork 
between Broad and Saluda rivers, the former with great success, the 
latter with very little, we have at length visited the great and mighty 
nabob Fletchall. We found him surrounded by his Court, viz : Cun 
ningham, Brown, and Robinson, who watch all his motions and have 
him under great command. We soon found the unchangeable malignity 
of their minds and the inexpressible pains they were at to blind the peo 
ple and fill them with bitterness against the gentlemen as they are 
called. Gen. Gage s pamphlet is raging through the District, and 
greedily read. The leaders have taken the same methods with the 
Romish Church to keep the people ignorant, and in general they firmly 
believe that no man that comes from below, and that no paper printed 
there can speak the truth. This was necessary in order to prevent any 
thing we can say from taking place. We soon found that reasoning 
was vain with those who were fixed by Royal emoluments. But per 
ceiving that Fletchall effected to play between, we let him know that we 
had discovered things which he thought were a profound secret, and 
surprised him much. He confessed receiving a letter from the Gover 
nor, within five days last, and offered to swear that there was no harm 
in it, and that he would not take arms against the country. But we 
surprised him into a promise to assemble the regiment next Wednesday, 
which highly affronted Cunningham and the rest of the Upper House, 
some of whom treated us with insolence upon it. We expect to meet 
the regiment accordingly, and many of our friends whom I have advised 
of it will be there, some having intimated a design to put some trick 
upon us. In the mean time Mr. Drayton is gone up to his iron works, 
and to the people about Lawson s Fork, where he will do something. 
I turned my course into the new acquisition, where I am to have a 
meeting, from day to day, in Col. Neal s regiment. I think I shall fix 
this District in the right cause. I discovered on my way, a scheme to 
surprise Fort Charlotte and take all the powder and arms away. Took 
an affidavit of it and sent it express to Mr. Drayton, so hope it will be 
prevented. The Governor has undoubtedly given orders for it, and 
they are privately enlisting volunteers to the service. I shall this 


morning privately obtain affidavits to prove that Major Robinson has 
attempted to enlist many in the King s name, assuring them that he had 
a number of Commissions in his pocket which should be distributed to 
the most worthy, and that they should have King s pay after ten days. 
He is just returned and it is known that he met the Governor at Dor 
chester. They think that they are nearly ripe to show themselves, and 
make no scruple to threaten the whole province with devastation in a 
short time. They say that Cameron is among the over hill Cherokees 
and will soon join them with 3,000 gun men. I have just heard that 
the lower towns will not join them, but confess that the over hill In 
dians are preparing to fight for the King. In short your friends in 
town are preparing a great dish of blood for you, and expect soon by 
their army not only to have an asylum to fly to but to bear down all 
before them. This both you and I have prophesied many times, but a 
lethiferous slumber seems to have sealed the eyes of some of our breth 
ren. Robinson assures the people here that a great multitude in town 
of those who have signed the association are in the scheme and will join 
them upon notice. I am now convinced that a certain affidavit which 
some have so much despised, is with a small exception true, in every 
particular. There is here all the appearance of a hellish plot. And 
the friends of America have no ammunition and may be surprised with 
out remedy. I wish the Council would think of this. We have greatly 
weakened and expect more to weaken them but to overset the plan 
immediately is impossible. I have formed one, and am forming in this 
District another troop of Volunteer Horse Rangers, who are as good as 
sworn to the Council of Safety when they enlist. We are hemming in 
the diffidents on all sides as much as possible. But their leaders seem 
determined if possible to bring the people to draw blood before they 
have time to be enlightened. I have forsook my chaise and ride on 
horse back, from day to day, meeting people. 

And in great haste, am, dear sir, 

Your most obedt. servt., 


P. S. This comes by Joseph Woods, Esq., a worthy magistrate in 
the new acquisition, of whom, if you enquire you may learn many things. 
If you do not keep a look out these people and the savages will receive 
ammunition by wagons from town, or from Dorchester from on board 
the fleet they have no doubt of a supply. 



[Original MS.] 

Appeared personally before me, Zachariah Bell, and swore, that walk 
ing near the house of Col. Fletchall, he heard one of six or seven men 
in a group, say that a person (whose name he did not hear) was to go 
within ten days to seize upon powder the deponent could not hear 
the name of the place at which. Another answered, that he (the first 
speaker) had better riot go, for if he did with double the number of men 
they might expect to be killed and not succeed. 

Sworn before me, this 18th day of August, 1775. 


On the road, near Fair forest. 

DEAR SIR : -Coming to the knowledge of the above and no longer 
doubting of the infernal design to take Fort Charlotte by the Governor s 
order, and to open a dismal campaign in this quarter, by this means, I 
send this Express that you may advertise the fort and throw as many 
men into it as possible and disappoint them. I have put things together 
and am no longer at a loss as to the design to embody men as an Asylum 
for all the tories, and that shortly. 

And am yours, 


P. S. From a question asked me by the Colonel, I suspect some 
harsh design. Be upon your guard. 


[Original MS.] 


This day personally appeared before me, Jonathan Clark, resident 
upon the banks of Saluda river in the Cherokee country, who being duly 
sworn, sayeth, that on or about the thirteenth instant, being in the 
Cherokee country aforesaid, he saw and conversed with John Garwick, 
an intimate friend and countryman of Alexander Cameron, Deputy 


Superintendant among the Cherokee Indians, touching the danger of 
the Cherokees commencing hostilities, that if there was any danger, he, 
the said Jonathan, might remove in time to a place of security ; and 
that he spoke on this subject to the said John, because of his close con 
nection with the said Alexander, and thereby of his, the said John s, 
ability to give information touching that subject. That on this subject 
the said John answered, that he, Jonathan, need not be under any 
apprehension of danger till such time, as there should be some disturb 
ances below, in the country between the King s army and the Colonists; 
and that then it would be high time for him, the said Jonathan, to take 
care of himself, and remove from the frontiers. Also, the said John 
continued his discourse and said, that about three weeks then last past, 
the said Alexander had held a meeting with the Cherokee Indians, at 
which about four hundred of them were assembled, when he, the said 
John, heard the said Alexander tell the said Indians, that the people of 
America had used the King very ill, and had killed a considerable num 
ber of his army ; and that the King was to send out more soldiers to 
suppress them. That the Indians ought not to turn against their father, 
meaning the King, but that they should join his army against the 
people of America. That to this the Indians replied they could not 
fight, for they had not any gunpowder ; and the said Alexander returned, 
that should be no obstacle, for he would take care to supply them. The 
said John also further said, that the said Alexander did all he could to 
influence the said Indians to join the King s forces against the people 
of Carolina ; and who could blame him for doing so, since he, the said 
Alexander, was in the King s service. Also, that in conclusion, about 
forty of the said Indians turning their backs to the said Alexander, dis 
charged their guns, and then the whole assembly set up the war whoop, 
which he, the said John, said was as a signal that they, the said Indians, 
approved the discourse of the said Alexander, and agreed to what he 
had said. And further this deponent sayeth not. 


Sworn and signed before me this 21st day of August, 1775. 

WM. HY. DRAYTON, Quorum Unus. 


This day personally appeared before me, James Wood, John Wood, 
Moses Wood, and John Prince of the district aforesaid, who being 
severally sworn according to law, say that they know the above-mentioned 
Jonathan Clark, believe him to be an honest man and worthy of credit, 


and that they do not know any thing to the prejudice of his reputation. 
And further the said deponents say not. 


Sworn and signed before me this 21st day of August, 1775. 
WM. HY. DRAYTON, Quorum Unus. 


[Original MS.] 

LAWSON S FORK, August 21st, 1775. 
To the Honorable the Council of Safety. 

G-ENTLEMEN : I have the honor to acknowledge the receipt of your 
letters of llth and 13th instant. They came to hand last night, for 
warded by Col. Thomson. 

Before this can reach you, I have the pleasure to reflect that you 
must have received intelligence, that the alarm respecting Augusta was 
without any foundation. But I am sorry to acquaint you that Thomas 
Brown is of such a temper of mind, that it is my opinion he is as dan 
gerous a man as any in this Colony. I do not believe he would stick at 
any thing to throw our affairs into utter confusion. 

I beg leave to return my respectful thanks for your approbation of 
my conduct ; and I beg leave to assure you that I shall always endea 
vor to deserve your commendations. 

I believe Mr. Charleton expected to hold the lieutenant s commission 
together with that of surgeon s mate. I had forgot the resolution of 
Congress respecting one person holding two commissions ; but I have 
acquainted Col. Thomson with the affair, who, without doubt, will trans 
mit the explanation you expect. 

I am happy that you approve of my putting off the election at Saxe 
Gotha ; and also that you have directed me to appoint elections for 
those places where none had been held. In my last of the 16th from 
King s creek, I had the honor to acquaint you, that neither of the 
^districts in the Fork, between Broad and Saluda rivers had held any 
election. For the lower district I have already acquainted you with 
the day of election ; and for the upper district I have appointed the 


23rd instant as the day of election at the place directed by the Con 
gress. This I did much against the inclination of Fletchall and Cun 

I have to assure you that unless our friends in the country find that 
the non-subscribers are debarred all communication with Charles Town, 
and all trade with the country stores, they will be much chagrined ; and 
bad consequences may ensue. In particular, I most earnestly recom 
mend that no more goods be allowed to be sent up to McLaurin s store. 
His partner in town is one McCurry, or Curry some such name. This 
man has signed the Association, and under this sanction, he means to 
supply McLaurin, by which means the Dutch will be encouraged to 
persevere in their obstinacy. And I beg leave to caution you even 
against McLaurin s signing the Association, if he should think proper 
to do so to procure goods ; for the Dutch agree, if there should be a 
necessity, that he should be allowed to subscribe, and then they would 
be supplied as usual without their acceding to the Association. 

The commissions for the volunteer companies are not come to hand, 
but I suppose they are with Col. Thomson, who, in all probability, will 
continue in his new camp until my arrival there. 

I reached Col. Fletchall s last Thursday morning before breakfast, 
and I there found Brown, Cunningham, and Robinson, who had 
arrived the evening before, as had Mr. Tennent and Col. Richardson. 
Mr. Tennent and myself, after breakfast, engaged Col. Fletchall in a 
private conversation during near three hours. We endeavored to ex 
plain every thing to him. We pressed them upon him. We endea 
vored to show him that we had a confidence in him. We humored 
him. We laughed with him. Then we recurred to argument, remon 
strances and entreaties to join his countrymen and all America. All 
that we could get from him was this. He would never take up arms 
against the King, or his countrymen ; and that the proceedings of the 
Congress at Philadelphia were impolitic, disrespectful and irritating to 
the King. We charged him with having written to the Governor, and 
with having received an answer. He confessed both. We named the 
day (the Sunday preceeding), he received the answer; he allowed it. 
We named the method by which he received it (concealed in a cane) ; 
he appeared confounded ; but after a pause, he attempted to laugh off 
this last particular. Robinson brought up the letter, and Fletchall 
would not show it to us. Robinson declares, he has brought up a com 
mission to raise men for the King ; and he even had the impudence to t 
say before me, that he should raise men for the defence of his person, 
since many people had threatened him. I answered, surely the civil 


power would not allow him to go about with armed men to the terror 
of the King s subjects. He replied, why did not the civil power pre 
vent the Congress from having armed men, and surely he would have 
armed them, as long as they had any. This man s looks are utterly 
against him. Much venom appears in Cunningham s countenance and 
conversation. Neither of these men say much ; but Brown is the 
spokesman, and his bitterness and violence are intolerable. He has in 
various ways insulted us during our 24 hours stay at Fletchall s, as if 
he wanted to provoke me to violence. At length he went so far as to 
tell me, he believed we did not mean well to the King, and that our 
professions were nothing but a cloak. At this provocation, after many 
others, I almost lost my caution. But thank God, I did not even 
appear to do so. In a firm tone I severely checked him. The Colonel 
bid him go to bed. Before this happened, we had engaged the Colonel, 
in the private conversation, to call out his regiment as on the 23rd inst. 
Upon our return to the house where this Brown, Cunningham, and 
Robinson were, he mentioned what he had promised. All these at once 
were open-mouthed against the measure, and Mr. Tennent and myself 
had much to do, to keep the Colonel to his promise. This meeting of 
the regiment will be at the time and place of election at Ford s ; and I 
am not without some apprehension that some violence will then be used 
against us. I inclose a letter from Mr. Tennent to me the day we 
parted at the Colonel s. And, besides this, it is my firm belief that 
Brown, Cunningham, and Robinson will do every thing in their power 
to bring things to extremities. For they are clearly of opinion they 
can beat the whole Colony. These men manage Fletchall as they 
please, when they have him to themselves. Indeed, he is so fixed, and 
has made so many declarations, that I firmly think, his pride and false 
sense of honor will never allow him to appear to think as we do, even 
if these men were not about him. Mr. Kershaw told me, he knew the 
man, and that no confidence was to be placed in him. 

Things wearing so unfavorable an appearance, Colonel Richardson, 
Mr. Kershaw, Mr. Tennent and myself unanimously, thought it abso 
lutely expedient, to direct Captain Polk to raise an additional troop of 
rangers immediately to lie on the back of these people. And Mr. Ten 
nent and myself have given directions accordingly, not doubting but 
that the necessity of the case will induce you to approve the measure. 
Captain Polk came to us, appeared much concerned for his past conduct, 
attributing it to a mistake touching the station of the rangers, which he 
had thought, had been by the Congress fixed to the back country and 
frontiers. He has been since active in our favor as a person of influ- 


ence in his part of the country on the back of Fletchall ; his brother is 
a man of great influence in Mecklenburgh, and ready to march to our 
assistance when called upon ; and already Fletchall looked upon Cap 
tain Polk as an acquisition to his party. Hence, to bind Captain Folk s 
brother, and all the friends of both to us; to quash Fletchall s expecta 
tion from the Captain, and to have a troop of rangers on the back of 
Fletchall s people to watch their motions, we all thought it absolutely 
necessary to direct the raising of this additional troop, as we appre 
hended you would consider Captain Folk s letter and conduct as a resig 
nation of his commission, and that you had already disposed of it. In 
short, we have given Captain Polk such a lesson, which he has received 
with all due submission, as I believe will render him more obedient to 
orders, than he has been. 

In consequence of the affidavit taken by Captain Polk, I have dis 
patched an express to the commanding officer at Fort Charlotte, and 
directions to Major Williamson, to throw into the fort a reinforcement of 
thirty militia, to be continued there by proper relieves during one 
month. In which time I make no doubt, the whole Colony will be in a 
state of perfect security against internal commotion. The garrison 
there will now consist of seventy-odd men. I have also given Major 
Williamson directions to hold the militia in readiness to march in case 
of any commotion. 

I had this day a meeting with the people in this frontier, many 
present were of the other party; but I have the pleasure to acquaint 
you that these became voluntary converts. Every person received satis 
faction and departed with pleasure. I finished the day with a barbe 
cued beef. I have so ordered matters here, that this whole frontier 
will be formed into volunteer companies, but as they are at present under 
Fletchall s command, they insist upon being formed into a regiment 
independent of him, and I natter myself you will think this method of 
weakening Fletchall to be consistent with sound policy. These people 
are active and spirited ; they are staunch in our favor, are capable of 
forming a good barrier against the Indians, and of being a severe check 
upon Fletchall s people (upon whom they border), if they should think 
of quitting their habitations under the banners of Fletchall or his com 
panions. For these reasons, and to enable them to act with vigor, I 
shall take the liberty to supply them from Fort Charlotte with a small 
quantity of ammunition ; for now they have not one ounce, when they 
shall be formed into regular companies. Several companies will be 
formed by this day week. 

I enclose to you an affidavit, by which you will see there is no de- 


pendence upon Cameron. I have sent up a short talk to the Cherokee* 
inviting them to come down to me within twelve days to Amelia. Mr. 
Pearis has undertaken to conduct six of their head men to me, and I 
should be glad within the time mentioned to receive from you 70 or 
,80 worth of shirts, watch-coats, blankets, linen, strouds and paints ; 
and your instructions if you choose, I should say any thing in particu 
lar to them. On Wednesday, I shall, with Mr. Tennent, Mr. Hart and 
Mr. Reise, attend the election and review of Fletchall s regiment at 
Ford s, at the mouth of Cedar creek upon Enoree. You will see the 
place in the small map. What the event of the day will be, I am at a 
loss to say. I do not expect any success ; I apprehend some insults. I 
may be mistaken in both opinions. Within twelve days, I purpose to 
be at Colonel Thomson s camp, where I think it will be advisable that 
I should remain till I shall see every spark of insurrection extinguished ; 
but in regard to this, I shall regulate myself by your orders on the 
.bject which I hope to receive by the time I arrive at the camp. If 
irkland shall be seized, without doubt a commotion will follow, and if 
he goes off with impunity and without question, it will be fatal to the 
discipline of the army especially the rangers. But this is not all. 
Vigorous measures are absolutely necessary. If a dozen persons are 
allowed to be at large, our progress has been in vain, and we shall be 
involved in a civil war in spite of our teeth. In giving you this infor 
mation, I tell a melancholy truth ; but I do my duty. If certain per 
sons should be secured, some commotion, in all probability, will follow, 
but I am so well acquainted with the situation of the disaffected parts of 
the country and with such parts as may be brought against them, that I 
am under no apprehension for the consequences, provided prompt and 
vigorous measures attend every appearance of insurrection. I would 
beg leave to observe, that as this business is of the highest importance, 
so your orders on the subject, must be clear and general, to vest proper 
authority, to take such measures as may tend to suppress this threatening 
insurrection, that will assuredly break out by delay and come upon us 
unexpectedly. Perhaps my being arrived at the camp in my return home, 
may be construed an expiration of the powers vested in Mr. Tennent 
and myself, and his return to Charles Town may work an annihilation 
of powers, to be exercised by us together. For, as our continuance in 
the country will be of but little benefit in the Dutch settlements and 
the disaffected quarters while under the influence of FletchalFs people, 
so I make no doubt but that Mr. Tennent will choose to return to Town ; 
sensible that his presence in the country will not be of any advantage 
in the way of expounding our political texts to the people. I have the 


honor to lay all these things fully before you, that you may regulate 
yourselves thereupon, and send orders to me at Amelia by which I 
shall either remain with the camp or return to Charles Town. But I 
pray you to be expeditious, for a delay on your part will allow the 
enemy to recover many of our converts; and I know they are active, 
malicious, and bent upon mischief. 

I have the honor to be, gentlemen, 

Your most obedient servant, 


P. S. Mr. Tennent and Colonel Richardson were successful in their 
journey beyond Broad river. Mr. Tennent is now in Neyle s quarters, 
where they are very hearty in our cause. Mr. Kershaw and Colonel 
Richardson took their leave of us when we quitted Fletchall, being sen 
sible they could not, in these parts, be of any assistance to us. They 
have been very diligent. 


[Original MS,] 

WHITE HALL, August 21, 1775. 

DEAR SIR : I just now received a letter from Col. Thompson and 
Major Mayson, dated the 10th inst., at the Congarees, informing me 
that they learn of a body of men going from our regiment and headed 
by some of the disaffected about Stephen s Creek, to attack Augusta. 
They desire me to give you every intelligence for the defence of Fort 
Charlotte, that you may be on your guard. I have heard nothing as yet 
of the above report, but you may depend upon it that if ever they make 
such an attempt they will have Fort Charlotte in their view. 

I would take the liberty to advise you, if you should hear anything of 
the above report that Captain Taylor would order some of his Company 
to reinforce the fort. 

I think it would not be amiss to send one of your men, you can put 
the most confidence in, to watch the motion of the disaffected about 
Stephen s Creek, and the Pine-a-wood House. If I learn any thing 
from this quarter you may depend upon me letting you know immedi 
ately the privater this is kept the better. I this moment send an ex 
press from the Council of Safety to Mr. Hammond. Excuse me taking 
the liberty of dictating to you. I am, dear sir, 

Your most obedient humble servt., 


Captain John Caldwett, Commandant at Fort Charlotte. 



[Origioal MS.] 

CHARLES TOWN, August 22, 1775. 

DEAR SIR : Although my stomach bids me go, I can t help staying 
in the Council Room to send you a line or two, by the express now in 
waiting, if tis only to send you a little bit of news, (Powell vs. Ruge- 
ley,) viz : Tebout is just come in with an account of the arrival of the 
last acquisition of powder at Wappoo. To-morrow morning we shall 
receive it, escorted by Artillery and Grenadier Militia, and fifty Provin 
cials, who have been diverted with a march to Beaufort, by way of a 
beginning, headed by Will Cattel. A most curious letter from the 
Carsons has been intercepted by the Little River Committee, addressed 
to Capt. House of the Glasgow man-of-war. The original is sent for, 
and I hope to give it you in print was it in my hands should have sent 
a copy. The Eagle packet sailed yesterday; and tis said Lord William 
himself, carried his dispatches on board the Tamar the day before. 
What to say about sound policy, I am at a loss ; it does not seem to 
have been yet well denned. This week will be spent in matters relative 
to our election. The merchants (say gentlemen concerned in trade) at 
a meeting to-day, either have, or will, nominate ten of their body to 
represent them in the ensuing Congress. At a previous meeting they 
proposed fifteen for their quota, then twelve, and at last condescended 
to be content with ten. The Germans have taken an alarm, and had a 
meeting and the mechanics are not thoroughly pleased ; they also will 
have a meeting this week. In regard to war and peace, I can only tell 
you, that the Plebeians are still for war but the Noblesse perfectly 
pacific not like your chimerical, quixotical, anti-pacific Lord High 
Admirals, and Associates. 

Yesterday the Committee of Observation stopped McLaurin s wagons; 
it seems he is in partnership with one Currie, now in town. Currie is 
much blamed, and begs to leave the goods unsold with the Committee 
till he goes up and brings down McLaurin s name subscribed to the 
association, which he offers to give security to do ; and if he does not 
succeed, to send the wagon s loads back. Two Fitzpatricks came down 
this morning from the Forks ; John said he had signed ; James not ; but 
both being willing to do it here, I took their names, and commenced 
official Certifier. 

I shall conclude with the form of my certificate : 



Charleston, Aug. 22, 1775. 

We do hereby certify, that John Fitzpatrick, residing on Turkey 
Creek, Broad River, in Camden District, hath here subscribed the gen 
eral association entered into by the Provincial Congress on the 4th of 
June last, which he declared he had done before in the District wherein 
he resides. 

By order of the Committee. 


Now, my good friend, if you have any feeling for any besides the fair in 
your progress, I beg you will furnish the General Committee within your 
gatherings with a form, and save me the trouble of writing them here. 

Fishing is over here the hurricane season being come in, we have 
thought it necessary that all the tory s boats should be laid up; their 
carriages, at same time, are no better than broken down, and their 
horses than foundered. Jerry was hanged last Friday more force was 
exerted for his being saved, than there would have been for you or me, 
unless for our exaltation. Pinckney does not retreat ; he comes for 
ward bravely wish you and Mr. Tennent were along side of him at the 
table. But I am tired, and having thus far endeavored to amuse you, 
tis time I rest, as I do. 

Sincerely yours, always, 


Mr. Middleton has said every thing that I could have added in a 
much more entertaining manner. Always inclose your letter to me 
under his cover. 


[Original MS.] 

FORD S UPON ENOREE, August 24, 1775. 
To the Honorable the Council of Safety : 

GENTLEMEN : We arrived here yesterday, and met with Col. Fletch- 
all, Kirkland, the two Cunninghams and Brown. By the contrivances 
of the heads of the party, very few people met us. One thousand men 
meet here in general at musters ; when FletchalPs paper was signed, 
there were about 1,500, on the field; but we had not above 250 hearers, 
and a great many of these were our friends from other parts. There 
was not one man of Cunningham s Company present. He told us that 
he acquainted his men, that if they were satisfied with their present 


opinions there was no occasion for them to come to hear us. Other 
Captains told their men the Colonel left it to them to come or not as 
they pleased, and if they stayed away he would not be angry with them. 

The most perfect good order prevailed with the people, who heard us 
with much attention. But Kirkland treated the Congress, the Commit 
tee, the Council, and ourselves with the highest insolence. Nay, he 
was on the point of assaulting Mr. Drayton, and in all probibility would 
have done it, which would have brought on bloodshed, but that the 
pressure of the people about Mr. Drayton gave him to understand that 
an attack by him would be premature. Imagine every indecency of 
language, every misrepresentation, every ungenerous, and unjust charge 
against the American politics, that could alarm the people, and give 
them an evil impression of our designs against their liberties, and the 
rights of G-reat Britain ; imagine all you can on these points, and you 
will not exceed what we heard as well from Kirkland, as Brown. Our 
indignation was painful, for we were obliged to conceal it ; and our sit 
uation was as disagreeable as you can well conceive. Brown loudly 
declared that when the King s troops arrived, he would join them 
against us, and he hoped every other person in these parts would do the 

We have the pleasure, however, to inform you, that the address from 
the people of England to the people of America appears to have lost its 
credit. Brown read it but he had but few hearers we did not think 
it worth our while to attend to it, or say one word in answer to it. 

We waited so long for the assembling of the people, and the discour- 
ces and pamphlet took up so much time, that no election could be held. 
This day fortnight is appointed for the holding of it. 

Kirkland and the Cunninghams appeared here with arms, sword and 
pistol. Their intention did not appear good, and the very small audience 
clearly manifests that the sentiments of the party continue inimical. 
However, we have acquired several of Fletchairs captains. 

There was a subscription of the association about seventy names, 
but most of these persons had already signed, and now again signed in 
order to give a good example. 

We shall be at Ninety-six Court House on Sunday, and from thence 
we shape our course to Amelia. 

We have the honor to be, gentlemen, 

Your most obedt. servts., 


P. S. We inclose two affidavits and an intercepted letter. Fort 
Charlotte is in a good condition. 



[from Copy Original MS.] 

ST. AUGUSTINE, Aug. 29, 1775. 
David Taitt, Esq., 

SIR : I wrote you very fully the 15th inst., by express, which I am 
apprehensive will not have reached your hand before this, as I have 
just received information that the person by whom I sent my letters was 
at St. John s River the 27th current. I was very glad to receive your 
letters of 1st current by Mr. Carr. I am glad of your safe and speedy 
return from Pensacola, as you ll be sensible how necessary your presence 
is in the nation, until affairs change their present gloomy aspect. I have 
enabled Mr. Penman to give Carr a supply of ammunition. I send by 
him a duplicate of the talk, which I sent under your cover by the Ex 
press, and I have fully explained it to the Cusseta King s brother who 
accompanied Carr hither. He seemed rejoiced to see me, and said he 
should return home with a light heart, as he would have it in his power 
to deliver good talk to the people, and to quiet their minds. 

I think it would be improper to say anything about lands to the In 
dians at this time, and in general I would recommend a conduct calcu 
lated to support your own influence and consequence, and to frustrate 
the machinations of Mr. Galphin and his associates in the new superin- 
tendency. In my letter by the Express, I desired that you would send 
off twenty pack horses, by whom I shall send wool and gun-powder, and 
two thousand pounds ball this will shew how attentive I am to their 
interest ; and if Mr. McLean s people come down with thirty horses, 
I shall be able to load them also, so that there will be no want of am 
munition, and as for other goods, they will be well supplied with them, 
so that I have reason to hope that you ll not find it difficult to preserve 
peace, and attach the Indians to his Majesty s interest. I have also 
been able to obtain some ammunition for the use of the Cherokees, and 
have written to Mr. McLean and Mr. Cameron on the occasion. I send 
duplicates of their letters under cover of this, that you may forward 
them in the safest manner. I also send a talk for the Cherokees which 
you will forward after perusal and sealing up. Carr said that he would 
undertake to carry any dispatches that you would require. He has in 
formed me of some curious talks delivered by Steddyman. The Indians, 
it seems, have been repeatedly told that I am to die soon. I thank God 
I have so far escaped by all accounts they had villainous intentions, 
had I been so unfortunate as to have fallen into their hands ; however, 


I am so far inclined to retaliate good for evil, that I wish to maintain 
peace, and that the innocent may not suffer for the guilty ; as to the 
rest, possibly a day of retribution and account may come ; until then let 
us endeavor to do our duty and faithfully discharge the trust reposed in 
us. In the mean time threats are thrown out against you and Cameron, 
as well as myself. It will not be improper that the Indians take notice 
of this to the new Superintendant Galphin, and make our safety and 
the protection of our families and estates the conditions of their neutral- 
it} , as the northern tribes have done with respect to Col. Johnston their 
Superintendent. My wife is detained in Charles Town, and has been 
insulted and threatened ; and I have been acquainted by the Committee 
that my estate is to answer for the behavior of the Indians. Mention 
this to Emistisego privately. 

I must now refer you to my letter of 15th. I have only to beg that 
you ll be particular in your informations and attentive to the proceed 
ings of Mr. Gralphin and his associates, of which furnish me with the 
most authentic accounts. Forward the inclosed letter to Mr. Charles 

I am with sincere regard, dear sir, 

Yr. mt. obt, hi. servt., 


P. S. I hope you will purchase what goods you have sent for to Mo 
bile upon a considerable credit as they cannot be drawn for before the 
beginning of the year but McLean undertook to supply you with what 
ever dry goods you might want, which would be more agreeable to me 
as I have accounts with him. You ll send such returns as you sent me 
last year. 

The within is a true copy of an original intercepted letter lodged in 
the Council of Safety. Certified by 



[From Copy Original *MS. \ 

ST. AUGUSTINE, August 30th, 1775. 
To the Great Warrior and Prince of Chote, and to all the Warriors 

and Ruling Chiefs of the Upper and Lower Cherokee Nations. 

FRIENDS AND BROTHERS : Mr. Cameron will, without doubt, have 
informed you of my having come to this place, api the reason of my 


so doing. Although I am not at a very great distance from you, yet I 
do not forget you, neither shall I omit letting you hear from me when 
necessary for your good. 

I was sorry to learn that the gunpowder, which the merchants at 
Augusta had written for to England, was seized and taken out of the 
ship by some mad people at Savannah, which prevented your being sup 
plied by your traders with the necessary quantity for hunting and 
defence. I was very uneasy upon your account, and have got some 
ammunition at this place, which I shall send to Augusta as soon as I 
can be provided with pack horses to carry it, and I now write to Mr. 
McLean to send some for it. 

Brothers : I am sorry when I hear any bad news from your Nation, 
which obliges me to put you in mind of your engagements at several 
different meetings. 

The murder of two of your white brethren in your Nation was not 
like friends , you know what ought to be done upon the occasion. You 
have also among you two Creek fellows, Houmaiha and Sophia, who 
were obliged to fly from the Creek Nation for killing white people in 
Georgia, yet you love and protect them, although their own people 
want to bring them to justice, according to agreement. This is not 
what I expected from you it is not fulfilling your engagements. 

I am informed by the Creek Indians, that several of your people 
were assisting the Shawnees to kill the white people in Virginia. I 
hope you will stop such proceedings that all our talks may be straight, 
and that I may not be obliged to be constantly complaining. 

I am very sorry to think of the little regard paid to my advice, and 
your own interest, respecting your land, which you compliment away to 
every white man who asks for it. You have been constantly told and 
admonished by me, not to treat or bargain for your land with any per 
son but me ; yet, you have signed papers to one Henderson, by which 
you have given away all your hunting grounds between Holston s river 
and the Ohio, and you are constantly listening to Richard Pearis, who 
cheats you of your land. If you go on at this rate, where will your 
young people, who are growing up, look for deer to pay for clothes 
and ammunition. 

Mr. Cameron is with you ; if you attend to his advice you will do 
right. What I now tell you is for your own good. I have no interest 
in it, but to prevent your ruin. 

There is a difference between the people in England and the white 
people in America. This is a matter that does not concern you; they 
will decide it between themselves. 


I shall do all in my power to procure for you a supply of necessaries, 
but I expect you will put confidence in the great King s protection, and 
not listen to any talks against him, or his officers and governors. You 
have long known me. I always have told you the truth and given you 
good advice. I have sent Mr. Cameron amongst you to take care of 
your interest. Love him and hold him fast, and let no bad people hurt 
him. While I live you will have a father and a friend; if I happen to 
die, you will find out that you have lost a friend and well-wisher. 


The foregoing is a true copy of an original intercepted talk lodged in 
the Council of Safety. 

Certified by SETH JNO. CUTHBERT, Sec y. 


[Copy from the Original.] 

ST. AUGUSTINE, August, 1775. 
To the Great and Small Medal Chiefs and Rulers of the Coivetas, 

TaUapassas, Abechkas, and Alilamons. 

FRIENDS AND BROTHERS : I send this talk to be delivered by Mr. 
Taitt and the King s interpreters. You will pay attention to them, 
and believe what they tell you. 

I was sorry to hear that the gunpowder, which the merchants and 
traders had sent for to England, that they might supply the red people 
with the necessary quantity for hunting and defence against their ene 
mies, had been seized on account of a difference* among the white 
people. It was on board a vessel which arrived lately at Savannah. 
They have, I understand, sent you some of it, but not a sufficient 
quantity for your necessities. I have been very uneasy for your distress, 
and have consulted with the Governors of St. Augustine, Georgia, and 
Charles Town, how to relieve you. I have been able to get some ammu 
nition, and I now send this, to desire your beloved man, Mr. Taitt, to 
send down pack horses that they may be loaded back with powder and 
bullets, thereby to enable you to hunt and pay your debts, or to defend 
yourselves against your enemies. I have written by this opportunity to 
the Governor of Pensacola in your behalf, requesting that you may 
have such a supply of necessaries from there and Mobile as they can 
afford. You will be convinced by this that I am attentive to your 


interest and happiness, and that it is the great King s intention and 
orders, that you may be protected and supported whilst your people 
behave well and place your confidence in him and his officers, as well as 
in the beloved man sent to live among you. 

You have known me for many years, and I never have deceived you. 
It is my particular duty to be attentive to your interest, and to see that 
justice is done to you. You may, therefore, rely on what I shall at 
any time tell you, by means of the beloved man, Mr. Taitt, for neither 
he or I can have any intention or interest to deceive you. 

There is an unhappy dispute between the people of England and the 
white people of America, which, however, cannot affect you, as you can 
be supplied from Mobile, Pensacola, and this place, where the people 
live like brothers and enjoy peace; and it is not the intention of either 
party to hurt or molest you. Some of your people, as I am informed, 
met with Recruiting Provincial Officers in the back parts of Georgia. 
Let not that alarm you, as nothing is meant by it against you, or any 
other Nation of red people, but to decide a dispute among the white 
people themselves. 

While you continue in a friendly disposition and faithfully attached 
to the King s interest, you shall frequently hear from me, and have 
every and all the assistance I can give you. 

Given under my hand and seal at St. Augustine, 


The foregoing is a true copy taken from an original intercepted talk, 
lodged in the Council of Safety. 

Certified by SETH JNO. CUTHBERT, Sec y. 


[Original MS.] 

To the Honorable the Council of Safety : 

GENTLEMEN : I arrived here last night from Ninety-six, where Mr. 
Tennent and myself had a pretty numerous meeting. Mr. Tennent is 
gone for a few days towards the Long Canes ; and I came here to see 
the people of Augusta and the settlements in these parts in my way to 
Amelia. By various accounts that I received on the road yesterday 
afternoon, last night, and this morning, it appears to be a fact that 


Kirkland is actually in arras to attack Augusta and Fort Charlotte. 
The King s men as they are called were summoned to meet yesterday at 
a place about twenty miles from hence ; they separated last night, and 
I am informed they will meet again in two or three days. They have 
been very diligent in obtaining arms. Cunningham and Brown are of 
the party. 

In this situation of affairs, by virtue of your letter of the eleventh in 
stant, I have ordered out three companies near this place to assemble 
immediately, and who will be joined by one hundred men from Augusta. 
I have ordered Major Williamson to march with three hundred men to 
Harden s Ford on Savannah River about thirty miles above this place. 
I have also ordered Col. Thomson to march his Rangers, and as near 
three hundred militia as he can, and take post at the Ridge ; and Col. 
Richardson, with three hundred men, to take post near the mouth of 
Enoree, to be a check on FletchalPs people, in case they should show 
any intention of assisting Kirkland. I beg leave to recommend that a 
proper quantity of powder and ball be sent to Col. Richardson, so that 
he may be enabled to supply Col. Neyle s Regiment. 

I have not been honored with any letters from you, but those of the 
llth and 13th instant. However, as soon as Kirkland s party shall 
take the field, I shall hold myself fully authorized by your letter of the 
eleventh, and the necessity of affairs, to proceed to every extremity that 
may have a tendency to suppress those men who oppose the authority of 

I am, gentlemen, 

Your most obedt. sert., 



[Printed Circular.] 

SNOW-HILL, August 30th, 1775. 
By the Honorable William Henry Drayton, Esquire : 

Whereas, by Commission from the Honorable the Council of Safety 
for this Colony, dated the 23rd day of July last, I am upon a progress 
through the country, "to explain to the people at large the nature of 
the unhappy disputes between Great Britain and the American Colo 
nies; to endeavor to settle all political disputes with the people.; to 


quiet their minds ; and to enforce the necessity of a general union, in 
order to preserve themselves and their children from slavery :" And, 
whereas, the progress having been continued almost through the Colony 
with success to the State, satisfaction to the people, and, upon the most 
perfect principles, tending to promote peace and good order, for the 
purposes of the progress aforesaid, I did appoint, that a meeting of the 
people should be held, on Friday next, the first day of September, at 
the Ridge in the district aforesaid : But Whereas one Moses Kirkland 
having, without lawful authority, assembled men in arms, in the dis 
trict aforesaid, it is but too evident, that, to his treachery against this 
Colony, he means to add crimes of a deeper dye, and, by force of arms, 
to violate the public peace : Wherefore it is become inexpedient that 
the intended meeting of the people should be held as aforesaid, lest the 
meeting should furnish occasion for civil bloodshed, which it is our pur 
pose to avoid as long as may be possible : 

And, whereas, by the arts, frauds, and misrepresentations, of the said 
Moses Kirkland, some weak and ignorant people have been led into 
measures of so criminal a nature, as, if persisted in, must inevitably 
involve them in destruction, from motives of humanity, ,1, therefore, 
do hereby recommend to all such persons, that they forthwith desist 
from following the counsels of the said Moses Kirkland in points tend 
ing to sedition and hostility ; and I do hereby notify, that all such 
persons as, without lawful authority, shall assemble in arms, in company 
with, or by instigation of the said Moses Kirkland, will be deemed 
public enemies to be suppressed by the sword. 

Given under my hand, at Snow-Hill, in the district aforesaid, this 
30th of August, 1775. 



[Original MS.] 

LONG CANES, September 1, 1775. 
To the Council of Safety : 

GENTLEMEN : This comes by Capt. George Reed s wagon from the 
Long Canes, where I am at present. I parted from Mr. Drayton on 
Monday morning ; he steered his course to Augusta and thence 
designed for the camp at Amelia. I thought it necessary to visit the 
settlements on this side Saluda. Met a large congregation yesterday 


and found the people divided in their sentiments. Spoke at least two 
hours to them to good effect. The prevailing party here is for American 
measures, by the agency of some of our worthy members, but they need 
confirmation. I have, therefore, appointed three meetings at which I 
expect to see the greater number of the disaifected. Shall then cross 
over into Fletchall s Regiment, once more, to be at an election appointed 
at Ford s on Enoree, where we expect great opposition, if not violence, 
from Cunningham s party. Brown will bring them to blood if he can 
but still hope it may be prevented. I consider myself as running great 
risks, but think it my duty. Our visit has given their party a great 
shock, divided their friends and strengthened the American interest 
much. One of their chiefs confessed to me at Little River that he 
brought up the thanks of the Governor to Mr. Cunningham for what he 
has done and is doing. The Governor s intrigue here is as evident as 
the light of the sun. The evidences of their design by the Indians is 
no doubt clear to the Council from the paper sent down already. The 
inhabitants here are in great terror as far as they have heard of their 
danger, and that because they have no ammunition. The leaders have 
frequently dropped in company that they intend to form a camp. I am 
sure they will find a smaller number ready to befriend them than they 
imagine, but their dependence is upon the savages to join their army, 
and that the rest of the inhabitants will be forced to join them, to save 
their families from a massacre. I am taking proper measures in this 
District to prevent the horrible conspiracy. Three Volunteer companies 
are formed. One under Major Terry, who now seems animated in the 
cause; another under Capt. Pickens; a third under Capt. James 
McCall. More of the like kind is going on as fast as may be. The 
great difficulty is the want of ammunition. They evidently have a 
design upon Fort Charlotte and our friends cannot collect to defend it 
unless they are supplied. I have, therefore, promised them a supply. 
If you, gentlemen, therefore, think it proper, it will be of the greatest 
utility to send up one hundred or one hundred and fifty pounds 
powder, and soine lead, by the bearer, Sam l. Reed, who will effectu 
ally secrete it until delivered safe into the hands of the Volunteer Com 
panies to be subject to the order of the Council, in case it is not used 
for the defence of the Colony. It will be effectually secured, and a small 
delay may be greatly dangerous. The same measure will be necessary 
on the other side Broad River. I could wish that Virginia might be 
alarmed and ready, and that a categorical answer might be demanded of 
the Cherokees, before the time of danger. The Creeks are in some 
danger from one Thompson, an emmissary, now among them. I shall visit 


Fort Charlotte before I return and hope to let you hear more particularly 
on these subjects next week, and am 

Gentlemen, with great respect, 

Your humble servt., 


p. g. I shall back this letter to some unsuspected person that it may 
be less in danger of surprise from enemies. 


[Original SIS.] 

LONG CANES, September, 1775. 
To Capt. John Caldwell, at present in Fort Charlotte. 

SIR : This is to direct you to employ six workmen to build plat 
forms for fighting the cannon and small arms in the Fort you at present 
command, and as expeditiously as possible, to put it into the repair 
directed by orders from Major Mason, bearing date Angust 6th, 1775, 
now in your possession. You are to employ the men under your com 
mand to assist the workmen in the labor. You are also ordered to 
mount two of the best four-pounders on high wheels, that they be fit for 
either field or fort service, as need may require shafts and collars 
being provided for them that they may be easily drawn with horses. 
For these you are to provide two ammunition boxes, cartridges, fuses, 
and all that may be needful for a march, and so fitted as to fasten on 
the carriages. Take great care that no man enter the Fort on any pre 
tence, that you do not know and in whom you cannot place confidence. 
Be much upon your guard against surprise, especially in the night ; for 
this purpose, as often as convenient, order out advanced sentinels and 
patrols. You are to clear away the standing corn to some distance from 
the Fort, and insist that the corn which is left be bladed and topped, 
nor leave any cover that may hide an enemy. In case of an alarm, and 
when the approach of an enemy is no longer dubious, you are to fire 
three cannon towards the thickest settlements as a signal ; communica 
ting timely notice of the same to the volunteer and other companies of 
militia that they may understand it, which companies are hereby ordered 
immediately to assemble and march under the command of their re 
spective officers to your relief, or so to annoy the enemy as the service 
may require. And, whereas, there is a great scarcity of ammunition 


among the militia, and an attack from Indians is to be apprehended, you 
are directed to give out 150 Ibs. weight of the powder, and lead in propor 
tion, under your care to the captains of the volunteer and other militia 
companies in the upper part of this district, who have associated, taking 
a receipt from them, and directing them so to dispose it among their 
men, as that it may be returned upon demand when it shall be appre 
hended that the danger is over. But when a supply of fresh powder 
shall be sent up by the Council of Safety, you are to exchange the fresh 
powder pound for pound for the old powder that you have already given 
out to as many as offer the same for an exchange. You are also ordered 
to dismiss your horses for the present, and not hazard your men by a 
grass guard ; but the horses are not to be sent to such a distance as 
that they cannot be commanded within the space of a day and a half. 




[Original MS.] 


By David Anderson one of his Majesty s Justices of the said Dis 
trict, &c. 

Personally appeared before me, Edward Morrow, and made oath, that 
on the third day of this instant, he, the said deponent, as he was on his 
way to Broad river, he fell in company with Philip Wells, who went 
along with him some distance, and coming to a cross road about three 
miles north of said Wells house, they there met with about 33 men, 
who were all well armed with guns, but one. Said Wells after some 
time, went aside with Capt. Benj. Woiford and Capt. John Ford, and 
had some private discourse by themselves, what they talked of he did 
not know, but after they had done discoursing, Philip Wells came back 
to him and asked him if he would go along back with them, to take 
some powder from Capt. Ralph Smith and 4 others, that had went to 
Fort Charlotte, and was expected, by them, to be brought along the 
Indian line and to cross Enoree at the line or thereabout ; the said de 
ponent went in company with them to the Indian line. Coming there, 
there was six men ordered over the river to the other side ; the men 
left on this side asked Capts. Wofford and Ford what was to be done if 


these men came along with the powder, orders was given by said Capts. 
Wofford and Ford to seize their horses by the bridles, and men ordered 
to go forward with their guns cocked to each man s breast, and order 
them to deliver up the powder, and if they offered to resist or raise 
their guns, to shoot them down. This deponent was chosen one that 
was to shoot; that they staid there all night, and till about 12 o clock 
next day ; then being ordered down the river in search of the men who 
had the powder, we came down the river about ten miles, but could 
make no discovery of the men and powder ; it was then concluded on, 
that they would go home and provide themselves with provision and 
other necessaries, and raise #s many men as they could, and take the 
powder by force wherever they could get it. And likewise, while this 
deponent was in company with them, there was several schemes pro 
posed among them to take Fort Charlotte. Some was for surrounding 
it and starve them out ; others was for scaling the walls. It was also 
much talked of, among the Company, that Cameron had a body of 
Indians that was ready to fall on the country when Cameron got orders 
from the Governor. And, likewise, it was talked of among the Gr com 
pany, that there was seven or eight men of war landed in Charlestown, 
with men who were to fall on the town, if they would not submit to the 
stamp act and all the other acts that was now disputed against, which 
they all seemed to be much pleased at this news. And further this de 
ponent saith not. 


Sworn to and signed to before me the 9th day of September, A. D., 


I do certify this to be a true copy, September the llth, 1775. 

J. THOMAS, JUN., Clerk of Committee. 

Fair Forest. 


[Original MS.] 

ST. MATHEW S PARISH, Sept. 10, 1775. 
To the Council of Safety in Savannah : 

Q-ENTLEMEN : Being on my return from the frontiers of South Car 
olina, where the Honorable Mr. Drayten and myself were sent by the 
Council of Safety of our Province, I think it my duty to acquaint you 


that there exists in those parts a most dangerous conspiracy against the 
lives and liberties of these Colonies. Encouraged by Government and 
by the tories in your town and in Charlestown they have gone to great 
lengths. They do not hesitate to boast that they are furnished with 
ammunition and that even artillery are at their service any day. This 
I have by a trusty friend from Cunningham s mouth. I have great 
reason to think that they are mistaken when they boast of many thou 
sands ready to come down at the Governor s signal but that they have 
some hundreds actually enlisted, if not under pay, I make not the least 
doubt. That they depend upon the Cherokee nation to join their camp 
when it forms, and have great hopes of the Creeks, they do not pretend 
to keep any longer a secret. I am in possession of an affidavit by which 
it appears that the malcontents on the frontiers expect to gather into 
forts, and suffer the savages to pass on and massacre the associated in 
habitants. By these circumstances, you gentlemen, will see the neces 
sity of an immediate effort to crush the sedition, and save an effusion of 
innocent blood to the danger of these Provinces, and especially of the 
aid which you have already given to that important measure. It will 
be prudent to have at least one thousand five hundred, if not two thou 
sand men, at hand when it is done ; and a number not far short of that 
is, I hope, by this time in motion in the unhappy district. The King s 
men were already assembling at a ford above Augusta, and had it not 
been for the present unexpected armament, before this time, there is 
reason to apprehend, that place would have been assaulted. The tour 
which Mr. Drayton and I have made through the back parts has greatly 
weakened but not discouraged them. Many of their best hands are 
taken off from them, but supported by the party in both provinces who 
plainly intend to make those parts an asylum they obstinately perse 
vere. Expresses are constantly passing to and from them to Charles- 
town and Savannah, and I have reason to think, supplies of ammunition 
go up by single horses and in covered wagons from both places. Cun 
ningham openly confesses that he has fifteen thousand pounds weight of 
good powder lately received. These things I thought it my duty to in 
form you of without loss of so much time as it would take to let it pass 
through the regular channel of our Council of Safety. And am with 
much respect, 

Gentlemen, your most humble servt., 




[Original MS.] 

SPARTAN REGIMENT, Sept. 11, 1775. 
To the Honorable W. H. Drayton, Esq. : 

MAY IT PLEASE YOUR HONOR : I this moment received your Honor s 
favor of the 10th instant, and very fortunately the command for this 
district was just assembled at my house in order to address the Council 
of Safety almost on the very purport of your Honor s letter, as we had 
all the reason in the world (and still have) to believe from good infor 
mation, that the malignants are forming the most hellish schemes to 
frustrate the measures of the Continental Congress, and to use all those 
who are willing to stand by those measures in the most cruel manner. 
Your Honor will be fully convinced of the truth of this by perusing the 
papers transmitted herewith, to which I refer your Honor. 

I shall comply with your Honor s orders as far as is in my power ; your 
Honor must suppose it impossible to raise the whole Regiment, as several 
have families, and no man would be left about the house if they should 
be called away. I shall make as large a draft as possible from every 
company, and in short, do every thing to the utmost of my power, and 
when encamped shall transmit to your Honor, as quick as possible, an 
account of my proceedings. 



[Original MS.] 


By John Thomas, Jun., and David Anderson, two of his Majesty s 

Justices, &c. 

Personally appeared before us Joseph Wofford, who being duly sworn, 
saith on his oath that he saw a letter sent by Col. Thomas Fletchall, or 
at least signed with his name to Benjamin Wofford, the said deponent s 
brother desiring him, the said Wofford, to give Captain John Ford 
word, that as he, Col. Fletchall, was informed that Maj. Mockersonand 


Capt. Noddle or Noggin, with three or four others, were gone to Fort 
Charlotte, and for them to raise as many men as they could, to retake 
or take it away from the men that had the said powder. 


Sworn to and signed before us the llth day September, 1775. 




[Original MS.[ 

To the Honorable the Council of Safety : 

GENTLEMEN : I have been honored with your letters of the 31st of 
August and the first of September and I beg leave to return you my 
most respectful thanks for the confidence you have placed in me by your 
letter of the thirty-first. I hope I shall prove myself worthy of it, and 
I make no doubt but that I shall fully answer your expectations in re 
storing the country to a state of quietude by eradicating the opposition. 

I am sorry to find, that I have not been sufficiently explicit respect 
ing the commotions likely to follow upon the apprehending of Kirkland 
alone, or a certain number of people including him. But this must 
plead my apology whenever I have the honor of addressing you, I 
remember the proverb " a word to the wise is enough. " However, as 
it is my duty to reconcile what you looked upon as contradictions in my 
letter, allow me thus to do it ; and as I keep no copies of the letters I 
write to you, so I must quote from yours of the 31st : " We learn that 
even the men under FletchalPs command, are active, spirited and 
staunch in our interest and capable of being a severe check upon the 
same Fletchall s people." FletchalPs command under the Governor, 
extends over the people about Lawson s Fork, and the frontiers on that 
side -, yet these people are dissatisfied with his measures and conduct ; 
and as I have formed them into Volunteer Companies, they are, from 
their being staunch in our interest, capable of being a severe check upon 
those of the same Fletchall s people who agree with him in opinion and 
are lower down in a very large district. And surely there cannot be 
anything surprising, new, or contradictory in this. 

Again, " We are also informed that if only Kirkland is seized, with 
out doubt a commotion will follow ; that if a dozen persons are allowed 


to be at large, we shall be involved in a civil war in spite of our teeth. 
If the seizing Kirkland will infallibly cause a commotion, what will fol 
low the capture or attempt to seize eleven others, among whom are men 
of infinitely more popularity and importance than Kirkland ?" My in 
formation as above is just, and I thus beg leave to be more full upon 
the subject as an answer to your question. The seizing of Kirkland 
alone would draw on a commotion because the other eleven consider 
him as of their party, that an attack upon him, is therefore, an attack 
upon them ; and by being at liberty they would be enabled to raise a 
commotion either to revenge the attack, or to make reprisal, and pro 
cure a proper person to exchange for Kirkland. Such was their de 
clared purpose, therefore, upon the seizure of Kirkland alone. I was 
warranted to say, without doubt, a commotion would follow. But your 
question is, if the seizing of Kirkland will cause a commotion, what will 
follow the capture of eleven others of the party ? I apprehend you think 
the most ruinous consequences. I beg leave to own a contrary idea. 
If Kirkland was taken, a dangerous commotion would probably arise, 
because a number of leaders would be left to excite one. As Kirkland 
must be taken, so if the others were taken also, a commotion could but 
follow ; which could not be continued any time, or be any thing anima 
ted or formidable; and more probably could not even be excited or 
raised, because the heads of the party would be in our custody. So 
that to me it is clear, that to seize the head men would be a safer step, 
by running a less risk of a formidable commotion, or of any, than by 
seizing Kirkland alone. So that I hope by my being now more explicit, 
you will be of opinion that all my explanation is comprehended in " the 
various parts of my intelligence above recited. " Th affidavit No. 2; 
shews the sense of the people respecting the capture of Kirkland to be, 
as I have represented it. 

I shall now proceed to give an account of my conduct since my letter 
from Mr. Hammond s. 

The letter number 1, was the first written information of Kirkland 
assembling armed men. That men were assembled in arms, and by 
Kirkland, appears by the affidavits No. 2 and No. 3. That the object 
of their attack was generally thought to be Augusta and Fort Charlotte 
appears by the above numbers 1, 2, and 3, and also the affidavits Nos. 4, 
and 5. That Kirkland had armed men about him appears by the affi 
davits Nos. 3 and 6 And that he had evil intentions in general, and 
of extending the opposition in particular, appears by all the above 
affidavits and by that marked No. 7. All which I inclose in one parcel. 
As I had no doubt of Kirklaiid s intentions, I lost no time in op- 


posing them. In addition to the measure of which I informed you 
in my last letter, I issued the inclosed declaration and published it as 
generally as I could. It had the desired effect. And this with the 
assembling of the militia so terrified Kirkland s followers, that now he 
is in a manner alone, and having tried every effort to procure assistance 
on the south side of Saluda in vain, he is now invisible -is never two 
hours in a place, and never sleeps in a house. He has sent to me to 
make terms. He offers to quit the province, or to become a prisoner on 
conditions reserving his life. I have informed him I cannot grant any 
such. That as he has violated the laws he must stand his trial by those 
laws. That if he surrendered to the course of law, such a conduct 
would entitle him to mercy, and that he would be treated as gently as 
was consistent with the public safety. But that I neither could or 
would make any terms with him but on unconditioned surrender to a 
due course of law. He means to flee the country as he is clear he can 
not find any protection against our proceedings. Enclosed is a letter of 
his, No. 8, which I intercepted, and clearly shows his idea of danger. 
But I mean, if possible, to seize him. The assembling the militia was 
tedious. I marched from Mr. Hammond s last Wednesday after sun 
set, and arrived here on Friday evening with about one hundred and 
twenty men and four pieces of cannon. The whole country, that is the 
King s men as they are called, were terrified by the march and the can 
non. We picked up a few prisoners, heads in that part of the coun 
try ; and this has so completed their fears, that people of that party now 
daily come in from those quarters to make their peace. As the Geor 
gians raised men to oppose Kirkland, they are come on with me. Their 
number is eighty-four men and officers. I have also one hundred and 
forty-one Carolinians total 225 men and officers. Immediately upon 
my arrival here I sent a party to surprise Cunningham. He was absent 
from home since the day before ; but our men took his letters, the most 
material of which I enclose to you. In particular I refer you to two 
letters from Fletchall. 

Yesterday I received notice that a party of men were forming about 
twenty miles off, and over Saluda. I immediately detached one hun 
dred horsemen to observe their motions and to cause them to disperse. 
In their march they received what appeared to be well authenticated 
information, that Fletchall and all his party were joined with the above 
party and were to attack us about 2 in the morning. I received this 
information about 4 in the afternoon, just as I was going to dinner. I 
immediately consulted with Major Mason, Major Williamson, and Capt. 
Hammond. We had a choice of three steps ; to retreat towards Col. 


Thomson then at the Ridge to defend Ninety-Six or to march and 
ambuscade the enemy. If the first put a small force out of reach of a 
greatly superior one, the retreat would dishearten our men, the enemy 
would be encouraged, and we should be, though safe, yet in some 
degree disgraced. The second was difficult the court house was not 
musket proof and the prison could not contain a third of our men. 
We chose the last, for these reasons : The enemy coming to surprise 
us, would never expect to be surprised by us. A surprise upon them, 
unjler no subordination and in the night, would be fatal to them, and 
it is a maxim, that it is better to attack than to receive one. I 
fortified the prison by mounting a gun in each room below, in each 
of which I placed a small guard; I lodged the powder in the dun 
geon. Nothing but setting the prison on fire could force it. In 
the mean time the body of horse had halted, and I sent Major May- 
son to post them in ambuscade at a ford on Saluda, about six miles off. 
After dark, I marched 100 infantry about a mile and a half from 
Ninety-Six, and posted them to the best advantage in ambush on this 
side. If the enemy should defeat our forces at the river, they could not 
do it without a considerable loss. This must damp their ardor, and 
upon their falling into another ambush the same night and sustaining 
at least as heavy a loss as before, they must fly on all sides, be their 
numbers ever so great, and especially such soldiers as they are. Having 
posted these men about 10 o clock, I then, with Major Williamson, 
mounted and proceeded to the river. I took the liberty, in as polite a 
manner as I could, to alter the Major s (Mayson) disposition, with the 
perfect approbation of Major Williamson. We now in good order 
awaited the approach of the enemy, for I thought it my duty to continue 
here to head the attack, which I saw clearly must defeat the enemy 
totally. In this expectation we continued till past two in the morning, 
when I received certain accounts, that the alarm was false. However, 
to have every thing safe, and as the horses were in a good pasture, I 
continued the men on the post, and about half past three, I arrived at 
Ninety-Six with the infantry and then I sat down to dinner. I have 
the pleasure to assure you the men behaved with the most perfect obe 
dience, and demonstrated the firmest resolution. 

I flatter myself, gentleman, that your confidence in my prudence is 
not misplaced. I readily advise with those about me, who, I think, 
are prudent men, and then I form my own judgment, and you may de 
pend upon it, that I shall continue in this conduct. I have been thus 
particular in my account of the steps taken, on the occasion of the 
above alarm, not out of any ostentation, but, because as this is a new 


business in my hands, you may fully judge whether I have conducted 
it with propriety, and discharge your trust from the public by commit 
ting it to other hands, if you should, by a view of my conduct, deem 
mine inadequate to this task. 

Fletchall, Brown and Cunningham have been, since the first alarm 
that I wrote you of, and still are endeavoring to assemble men, as they 
yet have no force embodied ; it is plain their influence is declining, arid 
that their people are terrified. And this last, I assure you, is a fact. 
They never dreamed we would take the field ; they thought their boast 
of 4,000 would ensure their security against us, And I have well- 
grounded information, that the assembling they are now endeavoring to 
make, is with a view to make terms of accommodation, so as they may 
be quiet (that is for the present, while the Governor cannot assist them, 
as he tells them) and trade to Charles Town, rather than with any 
design of fighting. I think Cunningham had only an hundred men at 
the meeting which gave occasion for our lae alarm ; and even these, I 
have received certain intelligence, have no determination. In three days 
I shall begin to march into the heart of Fletchall s quarters with about 
800 men and 6 pieces of canon. I can now, in all human probability, 
promise to you, that this cruel opposition will be crushed without blood 
spilt in battle ; and if I shall be unhappily mistaken on this point the 
opposition, to all human appearance, will be rooted out without risk on 
our side. 

I enclose an affidavit respecting the conduct of the Governor the 
demand of the oath from the officers, is not warranted by the law. The 
demand casts an imputation on the officers. The demand is an insult to 
the subject. It is calculated to have a pernicious effect; for the 
country people do not understand the nature of such oaths, and a 
militia commission is valuable among them. 

I beg to have some copies of the Association sent up, and some 
paper. I also beg you will excuse the inaccuracy of my letter, for I 
see, hear and answer so many people, being constantly interrupted ; and 
the unusual fatigue of yesterday and the night, not being yet gone off, 
that I wonder the letter is so connected as it is. 

I have the honor to be, gentlemen, 

Your most obedient servant, 


P. S. I expect Col. Thomson will arrive here to-morrow morning. 
Please to pay the Express 25. 



[Original MS.] 

September 12th, 1775. 

SIR : Yesterday afternoon I arrived here from Fort Prince George. 
I left Mr. Cooper on his way down, and I expect him either this day or 
to-morrow here ; I was obliged to come ahead, as I had fixed a day to 
meet some people, of whom I was to buy some land up the river. 

On the return of a man which Mr. Cooper sent to Pee Dee, he im 
mediately came to the resolution of going the length of Fort Prince 
George, as this happened at my own table, and as I was acquainted with 
the road, people, &c., I could do no less than to offer of accompanying 
him three days. Afterwards (I am sure of no less) I heard a letter for 
me was stopped at Fort Charlotte, containing some Indian intelligence 
from Mr. Cameron, the Deputy Superintendent. As I was sure there 
could be nothing in it that could affect me, I thought nothing further 
about it ; but as I was going up the country, at any rate, I would give 
Capt. Caldwell a call, which I did, and found the contents to be much 
the same as I had before guessed. I thought nothing further of the 
matter, and the day we spent at Fort Prince George, I mentioned it to 
Mr. Cameron in presence of Mr. Cooper; he expressed his concern at 
his writing it in such a hurry, that he was sure it must be very incor 
rect; he and Mr. Cooper had several long conversations which the 
latter was to relate to you. Believe me, sir, you hear and have heard 
what is not true relative to him, though he has not the pleasure of your 
acquaintance ; yet, if he knew at any time you was within fifty miles 
to where he resides, he would wait on you. Let me assure you, sir, so 
diabolical, so very infernal a thought never once entered his head, and 
if any person should be devilish enough to give him such orders, I will 
pledge my life, and my possession, he will not comply with them ; and 
from what passed betwixt him and Mr. Cooper, I am sure he will also 
say full as much for him. He would accompany us down, had he not 
some days previous to our arrival in the Indian country, promised to 
visit the Over Hills, at the request of the leading chiefs. We had the 
perusal of their talk, to his answer. In short, sir, any doubt with 
respect of him can, by Mr. Cooper, be removed ; he also told us that he 
opened himself to his friend, Mr. "Williamson, on this head, and never 
to any other, us two excepted. There are some Indians with you now, 
pardon me, sir, for just mentioning, that the person who may be the 
linguist, should be a person of veracity. 


This very day there has been upwards of a dozen people here respect 
ing the latter, already mentioned by me ; their minds, I find are much 
disturbed. I never once thought of asking Mr. Cameron for a copy of 
it, taking it for granted, I should hear no more respecting it, as this is 
the case. And as I want to see you belore your departure from the 
frontiers, 1 came to the resolution of paying my respects to you, at 
Ninety-Six, next Friday, I know Mr. Cooper will go, as he has business 
to communicate to you. And Mr. Walton, who called in just now, tells 
me he will also go the length of Ninety-Six. 

The people on the frontier of your province were much alarmed as I 
came through Long Canes last Sunday ; they heard that Messrs. Brown, 
Cunningham, &c., were bringing down Indians on them. I eased their 
minds, by assuring them that neither the one or the other were true. 
I have given you much trouble, sir, but as it concerns the public wel 
fare, I natter myself of its being well received. Excuse hurry, and 
believe me to be, with profound respect, sir, 

Your most obedient, 

And most humble servant, 



[Original MS.] 

September 12th, 1775. 

HONORED SIR : The Association paper was delivered the 7th in 
stant, at James Ford s, as you desired. There was but a small gathering 
the chief of the whole were liberty boys. They put fourteen mem 
bers up, but did not close the poll, while the 26th of the month which 
is appointed, will be at Hammond s Old Store on Bush river, &c. There 
is a dedamus come up from the Governor, authorizing Col. Fletchall, 
Lieut. Col. Kirkland, Capt. Cunningham, Champ Terry and John Ford, 
to administer the oath of allegiance to all the officers, both civil and 
military, on which they are advertised to meet the 19th of this month 
at James Ford s ; and it is said there will be a general muster the 26th 
of the month, as that and the election ought not to be held on the same 
day. Since you were here, in our quarters, the people seem to be very 
favorable to Liberty, and a great many have signed the Association paper. 
As to the taking of Majors Robinson and Hendricks; how that is, you 
are as well acquainted with, by this time, as I am. Lord Moses is on 


his keeping, and, it is said, intends to get aboard a man-of-war. The 
people say he must return to his first faith, they will not have him. I 
believe there is a letter exhibited to the Governor of his character and 
behavior. Since the killing of the man s cow, to this day, it ruffles 
the people very much. They say he is spurious, and cannot be proved 
to the contrary. 

It has very much disgusted the people that such a man should be 
appointed to act in any office at all. Notwithstanding, there are some 
who rely on his knowledge, that he will be planning something so 
while he is skulking that will be to advantage. 

Colonel Fletchall is very much displeased with Mr. Terry ; lays all 
the fault to him of taking the powder and ammunition from Ninety- 
Six. He spoke very disrespectfully of him in public. He said Mr. 
Terry came to his muster and joined with them, and informed where the 
powder was, and insisted on their Baking it ; and said if they would 
not, he would go with a small party and take it himself. They are 
almost ready to shake the two in a box. Treachery is much despised 
in these times ; but what can poor men do when a panic seizes, and 
all strength fails; it is good to have lenity with consideration. 

Since you were up there, five Liberty boys have been sent off to Fort 
Charlotte for powder. Their orders were, that when they got the ammu 
nition, to return to Capt. Wofford s, and then keep the Indian line for 
safety. The thing was known, and a party of the other side, about 40 
men, took the line to meet them, resolved to take the powder from them. 
About 100 Liberty boys set out immediately, resolving they should not. 
However, the two companies did not meet in the woods ; and, fortunately, 
the five men, instead of following their directions, returned through 
the settlements with the powder, and were not obstructed. If they had 
met, it is thought there would have been bloodshed. 

So I conclude, as I have nothing more material to relate. 

I am your obedient servant, 

To serve some particular reason at present, I subscribe myself 


N. B. You cannot fail to know who this paper comes from ; if you 
should have any reason to write to me, it shall be answered with the 
truth and nothing else. Yours, &c., &c. 



[Original MS.] 

September 12th, 1775. 
To- Wit : 

We, the underwritten subscribers, being deeply affected at this time, 
on account of the present innovations that of late have taken place, and 
still seem to be continued between Great Britain and the American 
Colonies ; and also being well convinced that great precaution ought to 
be used by every person, in supporting and maintaining our rights and 
privileges which we are entitled to, as being free born according to 
known laws of nature and nations ; and further, being so situated, that 
an extended tract of land, within the limits of this Province, lies much 
exposed to the executions of an Indian enemy, should the present 
seeming ill-disposed minds of those savages be disturbed by any ill- 
disposed person, who wisheth ill to the common peace and tranquility 
of the British Empire, and being fully minded to do every thing in 
our power consistent with the obligations that we lay under to our 
country in general, to ourselves as free men, and to our posterity, 
we, and each of us, for ourselves, do unanimously agree, and into 
strict compact enter, as one man, with heart and hand to defend this 
country, as far as in us lie, and that the same may be effected in the 
most salutary way of the least cost to this Province, or America in 
general : We do hereby engage to furnish ourselves with good arms 
and accoutrements, and also to hold ourselves in readiness as a troop of 
horse, to inarch at 24 hours notice, under the command of our proper 
officers, commissioned by the Honorable the Council of Safety, and 
that the world may be fully satisfied of our loyal intention, we 
propose to defend our country in her liberties from any invasion 
whatsoever, and all, as ready free volunteers, unless when we may be 
called upon duty, and then we expect according to the pay of the other 
troops commissioned and paid by the Government. 

And we also further agree, that as soon as thirty men or more, well 
equipped, have entered and subscribed their names hereunto, then 
we hold it most proper to choose our officers by a majority of the votes 
of the volunteers so entered. To which we engage to perform truly. 

Given under our hands this 12th day of September, 1775. 








[Printed Circular.] 

CAMP, NEAR NINETY-SIX, September 13th, 1775. 
By the Honorable William Henry Dray ton, Esq.; A Declaration. 

Whereas, the liberties of America being treacherously and cruelly 
violated, by an abandoned administration in Great Britain, surrounding 
the throne, and deceiving Majesty, for their own corrupt purposes, 
thirteen American Colonies, including New Hampshire to the North, 


and Georgia to the South, virtuously, gloriously, thanks to the Lord of 
Hosts ! successfully are confederated, at the hazard of their lives and 
fortunes, to wrest from the hands of traitors those invaluables which 
they had ravished from them, and which the Americans have endea 
vored to recover by every peaceable mode of application. 

And, whereas, the tools of administration have encouraged certain 
inhabitants of this Colony to attempt, by every practicable measure, to 
oppose and to counteract the virtuous eiforts of America, these in 
habitants, men of low degree among us, though of eminence in this 
new country ; men totally illiterate, though of common natural parts ; 
men endeavoring, at this calamitous time, to rise in the world by mis 
leading their honest neighbors ; men who are, by his Excellency the 
Governor, promised to be amply rewarded for such an infamous con 
duct. These men, knowingly deceiving their neighbors, and wickedly 
selling their country, have practised every art, fraud, and misrepresen 
tation, to raise in this Province an opposition to the voice of America. 
To oppose this hellish plan, the Honorable the Council of Safety for this 
Colony, commissioned the Reverend William Teunent, and myself, to 
make a progress through the disturbed parts of this Colony, "to explain 
to the people at large the nature of the unhappy disputes between 
Great Britain and the American Colonies. " Thousands heard and be 
lieved us ; they owned their full conviction ; they expressed their 
concern, that they had been misled ; and they most sincerely acceded 
to the Association formed by the authority of our late Congress. Such 
a proceeding did not accord with the designs of these men, betrayers of 
their country, or the wishes of his Excellency the Governor, who, by 
letters, instigated them to strengthen their party. To prevent a farther 
detection, the leaders of the party resolved, by the din of arms, to 
drown the voice of reason. For such an infernal purpose, by the insti 
gation of Moses Kirkland, on or about the 29th of August last, men 
did actually assemble in arms, and with hostile intentions. IVty 
immediately assembling, and marching with a part of the militia, 
caused these men to disperse; but now other leaders, of the same 
malignant party, correspondents of his Excellency the Governor, have 
assembled men in arms, on the north side of Saluda river, who are now 
actually encamped at a charge and expense which his Excellency the 
Governor has promised to repay ; and these men threaten to attack the 
troops under nay orders. Wherefore, to prevent the effusion of civil 
bloodshed, I think it my duty to issue this declaration, in order that I 
may leave no moderate step untried to recover a few of our unhappy 
countrymen from these delusions, by which they have been drawn on to 


lift their anus against their injured country, gloriously struggling to 
enjoy the rights of mankind. 

And, whereas, his Excellency the Governor has issued private direc 
tions, that all magistrates and militia officers be required to take the 
oath of allegiance, under penalty of dismission from their several sta 
tions, I do hereby declare, that, in point of law, his Excellency has no 
authority to make such requisition from persons who have already 
sworn according to law, when they were invested in offices civil or mili 
tary; and, that it is not only highly unbecoming in his Majesty s repre 
sentative to threaten his Majesty s loyal subjects, in order to induce 
them to do things not warranted in law, but such a conduct is of a 
most destructive tendency to the good of the King s real service, inas 
much as it tends to convince the people that his Majesty s servants in 
high trust, in America, as well as in Britain, equally conspire to act 
without authority in law, to the destruction of their just rights and 

And, whereas, the leaders of our unhappy and deceived country, now 
assembled in arms against the liberties of America, have drawn them 
into this dangerous and disgraceful situation, by filling their minds with 
fears and apprehensions that their lives and properties are in danger, 
from the designs of the Congress, the Honorable the Council of Safety, 
the General Committee, and the troops under my orders, because they, 
our said countrymen, have not acceded to our Association : Where 
fore, to remove all such ill-founded apprehensions, in the name of, and 
by the authority vested in me by the Honorable the Council of Safety, 
I solemnly declare, that all such apprehensions are actually groundless ; 
and I also declare, in the name of the Council of Safety, that our said 
unhappy and deceived countrymen may, in perfect safety of their lives, 
persons, and property, repair to, and continue to dwell and abide at 
home, so long as they shall choose to behave peaceably. We shudder 
even at the idea of distressing them in any shape. We abhor the idea 
of compelling any person to associate with us. We only with sorrow de 
clare, that any person who will not associate with, and aid and comfort 
us, in this arduous struggle for our liberties, cannot, by us, be considered 
as friendly to us; and, therefore, that we cannot aid and comfort such 
person, by holding that intercourse and communication with such person 
as is usually held between friends. 

And thus, having, in the name of this Colony, declared the terms 
upon which peace and safety may be had and enjoyed by our unfortu 
nate countrymen as aforesaid, it is my duty also to declare, that I shall 
inarch and attack, as public enemies, all and every person in arms, or 


to be iu arms, in this part of the Colony, in opposition to the measures 
of Congress ; and, having, with the utmost patience and industry, 
gently endeavored to persuade men to a peaceable conduct, I now shall, 
with equal patience and industry, prosecute military measures with the 
utmost rigor ; and I make no doubt but that, with the assistance of the 
Almighty witness of our endeavors to avert the calamities of war we 
shall speedily obtain the wish of every virtuous American peace, 
safety, and security to our rights. 

Given under my hand, this 13th day of September, 1775, at camp, 
near Ninety-Six. 



[Origiual MS.] 

CHARLES TOWN, Sept. 16th, 1775. 

MY DEAR BROTHER : I received your favor of the llth September, 
and I wish it were as much in my power to gratify your wishes, as I am 
now able to comply with your request concernmg you, which I shall do 
with great pleasure. 

I have not time to congratulate you on your military behavior, and 
but little more than to wish that you will endeavor, to your utmost, to 
encompass your ends without bloodshed. I hope your popularity there, 
with a little popularity and policy with regard to your adversaries, may 
be sufficient. 

I can no more at present than make you acquainted with two or 
three pieces of news in general. Kirkland is on board the man-of-war. 
One Chayney, who came down with him as his friend and guard, was 
before the committee. Afterward Capt. McDonald of the Provincials, 
disguised like a cracker, took Chayney with him about 9 at night to L. 
W., and by the result of the conversation, his trepanned lordship ad 
vises the back country people not to take up arms, unless they think 
they are full strong enough if they think they are, they may and 
that they will be soon relieved by troops expected to be here soon. 
Innes has been ordered out of town some days ago, and is on board the 
man-of-war. The Governor detained the mail above 24 hours in his 
possession. He has returned to the man-of-war; at the same time had 
the cannon at Fort Johnson dismounted. The province, above 200 are 


in possession of it. Some letters by the packet say that 10 transports 
and 2 frigates are getting ready for this place, or will sail in a few days 
after the packet, for the news has hardly had time to spread yet. Innes 
was sent to the Fort last night, to know what troops had possession of 
the Fort, and by whose orders, and whose command. He was truly in 
formed they were busy in remounting the cannon yesterday; and as 
the Cherokee, an armed sloop that brought in d Bram, and a barque, 
were recounoitering yesterday, a brush was expected last night, and, 
accordingly a reinforcement was sent there. Three schooners are to 
be armed, and Williamson s vessel is the first of our naval institution 
she wears the long pennant, the other two are not yet determined (tar- 
dissime). Butler s, when it returns from Philadelphia will, it is in 
tended, be another. People in Great Britain are uneasy at Bunker s 
Hill ; but in the spring tumults and insurrections are dreaded. 
I am, my dear brother, 

Yours most affectionately, 


[Original MS.] 


Whereas, misunderstandings but too often precipitate men and friends 
into quarrels and bloodshed, which, but for such misunderstandings, 
never could have happened : And whereas the present unhappy dis 
putes between Great Britain and North America, have unhappily occa 
sioned uneasiness between a part of the people living between Broad 
and Saluda rivers and other adjacent parts, and the other inhabitants 
of the Colony aforesaid, from misunderstandings as aforesaid, inas 
much as the said part of the people as aforesaid, having tender con 
sciences, declined to accede to the Association signed in Congress on 
the 4th of June last ; and the said other inhabitants thereby thinking 
that the said declining to accede, proceeded from principles and designs, 
in them the said part of the people, inimical to the proceedings and 
designs of the said other inhabitants ; and that they, the said part of 
the people, did mean to aid, assist and join the British troops if any 
should arrive in the Colony aforesaid, during the present unhappy dis 
putes as aforesaid : And whereas these are all misunderstandings, and 


it being the sincere wish and desire of all parts of the Colony to live in 
peace and friendship with each other : "Wherefore, for the clearing up 
of the said misunderstandings, and for the manifestation of the wish 
and desire aforesaid, Colonel Thomas Fletchall, Captain John Ford, 
Captain Thomas Grreer, Captain Evan McLaurin, the Reverend Philip 
Mulkey, Mr. Robert Merrick and Captain Benjamin Wofford, deputies 
for, and sent by the part of the people aforesaid, have repaired to the 
camp of the Honorable William Henry Drayton, Esquire, acting under 
the authority of the Council of Safety for this Colony ; and, for the 
purposes aforesaid, it is hereby contracted, agreed, and declared by the 
Honorable William Henry Drayton, in pursuance of powers vested in 
him by the Honorable the Council of Safety as aforesaid on the one 
part, and the deputies aforesaid, in pursuance of powers vested in them 
by the said part of the people on the other part : 

1st. That the said declining of the part of the people aforesaid, to 
accede as aforesaid, did not proceed from any ill or even unfriendly 
principle or design, in them the said part of the people, to or against 
the principles or designs of the Congress of this Colony, or authorities 
derived from that body, but proceeded only from a desire to abide in 
their usual peace and tranquility. 

2d. That the said part of the people, never did mean to aid, assist 
or join the British troops as aforesaid ; and hereby it is declared, that 
if at any time during the present unhappy disputes between Great 
Britain and North America, any British troops shall or may arrive in 
this Colony, the deputies aforesaid, for themselves and the part of the 
people aforesaid, by whom they, the said deputies, are authorized, and 
whom they do represent, declare that if any British troops as aforesaid, 
shall arrive as aforesaid, they, the said deputies, on the part of the 
people aforesaid, shall not, and will not give, yield, or aiford, directly or 
indirectly to, or for the use, advantage or comfort of the said British 
troops, or any part of them, any aid or assistance whatsoever, or hold 
with them the said troops, or any part of them, any communication or 

3rd. That if at any time during the unhappy disputes as aforesaid, 
any person or persons of the part of the people aforesaid, shall, by dis 
course or word, reflect upon, censure or condemn, or by any conduct 
oppose the proceedings of the Congress of this Colony, or authorities 
derived from them, the said Congress, the Council of Safety, or Gene 
ral Committee, as the case may be, shall, without being deemed to give 
any umbrage to the part of the people aforesaid, send to any of the 
deputies aforesaid to make requisition, that any and every such person 


or persons as aforesaid, offending in any of the premises aforesaid, 
against the proceedings of the Congress or authorities aforesaid, may, 
and shall be delivered up to the authority of the Congress, or the tri 
bunals under that authority, to be questioned and tried and proceeded 
against, according to the mode of proceedings by authority of Congress ; 
and if such person or persons as aforesaid, be not delivered up as afore 
said, within fourteen days after requisition as aforesaid j then, in such 
case, the Congress or Council of Safety, or General Committee, may, 
and shall be at liberty to use every means, to apprehend any, and 
every such person or persons as last aforesaid; and question, try, and 
proceed against as aforesaid, every such person or persons as aforesaid. 

4th. That if any person or persons who has, or have signed, or shall 
sign the Association aforesaid, shall, without authority of Congress, 
molest any person or persons of the part of the people aforesaid, in 
such case, application shall be made to the said Congress, or Council of 
Safety, or General Committee, in order that such person or persons so 
molesting, be punished for, and restrained from molesting as aforesaid. 

And it is hereby declared, that all and every person of the part of 
the people as aforesaid, not offending in or against any of the premises 
aforesaid, shall, and may continue to dwell and remain at home as 
usual, safe in their lives, persons, and property. Such being nothing- 
more, than what has been, and is the aim, intention and inclination of 
the Congress of this Colony, and the authorities under that body. 

All persons who shall not consider themselves as bound by this treaty 
must abide by the consequences. 

Done at the camp, near Ninety-Six, this 16th day of September, 







[Original MS.] 

CAMP NEAR NINETY-SIX, September 17th, 1775. 
To the Honorable the Council of Safety : 

GENTLEMEN : In answer to your favor of the 5th of September, I 
beg leave to attempt to reconcile what appeared to you somewhat 
irregular, in my making application for new powers in my letter from 
Lawson s Fork, and then, in my letter of the 30th of August, my de 
claring that I considered myself as vested with the most ample powers 
from your letter of the llth of August which I had received when I 
wrote mine of the 30th of August. 

My assuming and exercising the powers contained in your letter of 
the llth, was only in consequence of the event mentioned in the letter 
from the committee at Augusta, of the 6th of August, viz : "Fktchail s 
men" in arms "marching to Augusta." When I received that letter, 
there were no such men, or any men in arms against us, or Augusta, 
therefore those powers could not be exercised, and I could not possibly, 
from them, deem myself authorized at every risk, to seize such men 
as I thought were enemies to the public. But when, on the 29th of 
August, I found Fletchall s men, that is, those who had signed his As 
sociation were, under Kirkland, actually in arms, and, by general 
account, upon a design of marching to Augusta or Fort Charlotte, then 
I thought the letter of the llth, was applicable to the time and event; 
and, accordingly, in mine of the 30th, I declared that I thought my 
self authorized to exercise those powers, which, till that time and event, 
had, from the nature of them, slept. I natter myself, gentlemen, this 
conduct will shew, that I mean to execute your orders punctually; and 
that I am tenderly cautious not to proceed beyond the powers, with 
which I am cleanly sensible that I have the honor to be invested by 

In respect to your intended distribution of powder, I beg leave to 
advise that no powder be distributed into the Fork, or Ninety-Six 

On Tuesday I found, that the 100 men Cunningham had on Sunday 
were but the first of a large party that had been summoned to meet at 
Neal s Mill, about ten miles over Saluda. About 3 o clock on Tuesday 
afternoon, I was joined at Ninety-Six by Col. Thomson and a few of 
his militia. It was Wednesday before I was joined by any of Major 


Williamson s regiment, and it was Thursday, before I was joined by 
any considerable number of it. In the mean time, the enemy increased 
in numbers, at least as fast as I did, and by the best accounts I could 
depend upon, they increased faster. Fletchall joined them on Tuesday 
night. In the mean time, on Tuesday evening I placed all the troops 
in camp, about three-fourths of a mile from Ninety-Six. I caused the 
most exact order to be observed, even in an army composed of militia 
in a manner. The advanced posts are regularly and punctually kept all 
around the camp ; and it is not only surprising, but it must be anima 
ting to the people of this country, that this army, never in service 
before, and now about 1,100 strong, obey punctually, keep good order 
in camp, are cheerful and content even although we have had constant 
rains since we have, been encamped. Till yesterday, this army did not 
exceed 900 strong, and by the best accounts I could learn, Fletchall s 
camp removed to about four miles on the other side Saluda, contained 
from 1,200 to 1,400 badly armed and under no order or command. Our 
people were impatient to be led against them but as I saw if I ad 
vanced to attack, many lives must be lost, and I found I had a perfect 
command over our people, and could keep them together as long as I 
pleased as I had every reason to think the enemy being under no com 
mand, and having no regular supplies of provision, and the weather 
being bad, that they could not keep long together, and that having 
their greatest influx, their numbers would then ebb and diminish ; 
these considerations determined me, with the perfect approbation of 
Col. Thomson, Maj. Williamson and Capt. Hammond, to continue en 
camped, and to watch their motions. With this view, I put every 
thing in practice to persuade the enemy that I would persevere in this 
plan j and, among other devices, I sent a letter directed to Col. Kich- 
ardson, in order that they should intercept it. I put forth a declaration 
on the 13th, which I enclose, 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, prooiired a deputation 
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 September. I beg leave to inform you, that in the Governor s 
letter to Moses Kirkland, of the 29th of August, he declares that he 
has twice represented to Lord Dartmouth, the "very meritorious con 
duct of the gentlemen in the back country," and that "he shall not 
fail by the next packet to mention the fresh proof of their zeal for the 
King s service." Is not this Governor Martin over again? Was it 
not in consequence of such information, that Martin had orders to arm 


one part of his province against the other ! Depend upon it, this mes 
sage in the Governor s letter is fact. I shall endeavor to procure an 
exact copy of that letter. To give the lie direct to the Governor s in 
formation at home, this instrument is exactly calculated. And it will 
clearly demonstrate under the parties own hands, that so far from their 
being a party in favor of the King, and inimical to us, they are not 
even unfriendly to our designs, nor will they hold any communication 
with the King s troops. And, in addition to all this, they are bound, 
neither by word or action, to censure, or oppose proceedings of Con 
gress, &c., and, if any offend, they are bound to relieve them, or allow 
us to take them. 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 manner approve of Fletchall s con 
duct, and they are, this morning, all gone off with him. Cunningham 
is now left at their comp with only about 60 men, who, I suppose, 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 em 
ployed people 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 treaty they have nothing to do with 
him, they disclaim all communication with him. And I continue to 
pursue him. It is apprehended he may get on board the man-of-war. 
This settlement of the affair, gentlemen, I hope will meet with your 
approbation. At any rate, I assure you I have proceeded in it with the 
utmost caution and deliberation. 

But, after all, I assure you our safety is utterly precarious while the 
Governor is at liberty. He animates these men he tempts them 
and although they are now recovered, yet their fidelity is precarious, if 
he is at liberty to jog them again, and lay new toils for them. Gen 
tlemen, allow me, in the strongest terms, to recommend that you make 
hostages of the Governor and the officers. To do this, is not more 
dangerous to us than what we have done. It will secure our safety, 
which, otherwise, will be in danger. I would also recommend that the 
trade with the country be opened. It will give infinite satisfaction. 
It will convince every person of the rectitude of our designs. It will 
obliterate a distinction, which, now if permitted to remain, will give 
Fletchall s people room to sell their provision, &c., to the King s troops, 
and thus renew a communication ; and, indeed, if we will not trade with 
them, we cannot in conscience blame them for trading with those who 
will trade with them. And this seems to correspond with the spirit of 


the Resolution of the General Committee, August 23rd " but also to 
give such assurances," &c., &c. I am clearly of opinion, that upon the 
instrument of the 16th of September, such a relaxation might be 
grounded. I am persuaded it will be attended with the most salutary 
consequences ; and, therefore, I do most heartily recommend that it 
may be done. But, above all things, 1 think it is my duty most 
strongly to represent, that the Governor should be taken into cus 

I beg leave also to represent, that the declaration of the 13th, and the 
instrument of the 16th instant, be not only printed generally in the 
Gazettes, and in sheets to be immediately, by the Committee of Intel 
ligence, circulated throughout the Colony, to give general notification 
thereof, which is greedily desired, and to prevent erroneous copies; but 
that they be published in England for this reason, they will show 
that no part of the people of this Colony are even unfriendly to the 
designs of Congress ; that none of the people will encourage any per 
son, even by word, to condemn our proceedings, that all offenders shall 
be delivered up to punishment ; that no part of the people will even 
hold any communication with the King s troops. All this will be in 
direct contradiction to the Governor s representation of the meritorious 
conduct and zeal of Fletchall s people for the King s service. And for 
all this to appear is of infinite importance ; and infinitely preferable to 
our having put a part of those people to the sword ; which would not 
only have laid the foundation for lasting animosities, but would con 
vince the administration that the Governor s representations were true, 
that there was a strong party here against the Congress, all which 
would invite them to send a strong body of troops here; and that 
very early. 

I now hear that all Cunningham s party are dispersed. I began this 
letter in the morning, and I am now writing by the light of lightwood ; 
and yet I have lost no time in proceeding with my letter. To-morrow 
I shall discharge the militia. To-day I returned the army public 
thanks they are, really, a fine body of men. 

I enclose a letter from Mr. Wilkinson ; 1 mean to stay here with the 
rangers some days, to watch the consequences of the violence men 
tioned in that letter. 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 any thing near the Indian line. I have 
not yet seen Pearis and his Indians, but I expect to see them in a few 
days, after which I shall return to Charles Town. I have sent a letter 


to Wilkinson, assuring him that all possible inquiry shall be made to 
find the offenders against the Indians, and that justice shall be done. 
I have the honor to be, gentlemen, 

Your most obedient servant, 



[Original MS.] 

JAMES SLOOP, REBELLION ROAD, S. C., Sept. 19th, 1775. 
SIR : In answer to your letter of this day, I have only to say, that 
I would not offer such an affront to your judgment, as to give reasons 
for my conduct, which I think must be obvious to you ; and you may 
be assured, that whilst I have the honor of commanding one of His 
Majesty s ships, I am determined to have the assistance of a pilot; and 
every necessary supply, by force, if I cannot obtain them in an amica 
ble way, which I shall ever prefer. 
I am, sir, 

Your most humble servant, 



[From Copy Original MS.] 

NINETY-SIX, Sept. 21st, 1775. 
Robert Cunningham, Esq. 

SIR : My only intention in coming into the country was to promote 
peace, and to ascertain whether there were any people possessed of a 
disposition to run counter to, and to oppose the efforts of America, and 
to lift their arms against their country, their old acquaintances, and 
their friends and relations, in order to assist British troops if any should 
arrive here. 

It was, therefore, with the highest pleasure, that on the 16th instant, 
I, together with Colonel Fletchall and other gentlemen, signed an in- 
Ftrument of writing, fully clearing up all the particulars above men 
tioned. As I cherish the best opinion of the honor of Colonel 


Fletchall, and the gentlemen who signed after him, so I persuade my 
self they will do all in their power to execute what they have contracted, 
as I shall do on my part. But it was with concern, that I have heard 
that you do not hold yourself as included in the above instrument of 
writing, and that you will not be bound by it. I am sincerely inclined 
to believe that these are not your sentiments ; I do most heartily wish 
that it will turn out the information is erroneous. I, therefore, sir, 
entreat that you will, as soon as may be, favor me with an answer to 
this letter, assuring me that you hold yourself as included in the above 
instrument of writing. Such a conduct in you will give me particular 
pleasure. But that I may be under no mistake, I am sorry to be under 
a necessity of saying, that unless I shall be favored by you as above, 
common sense will dictate to me, that you do not hold yourself as in 
cluded in the above instrument of writing. 

I am, sir, 

Your most obedt. sert., 

W. H. D. 

P. S. Mr. James Williams will convey to me, any letter you may 
think proper to favor me with. 


[Original MS.] 

CHARLES TOWN, September 21st, 1775. 

SIR : We refer to our last dated the 15th, by your messenger from 
Ninety-Six, which we hope has reached you, and that you are now on 
your way to meet those Indians, who, led by Capt. Pearis, came from 
the Cherokees at your command, and who have, in the utmost anxiety 
and impatience, been many days waiting for you. 

We have several copies of intercepted letters from the superinten- 
dant at St. Augustine to his agents in the Nation. They look so much 
like design to amuse us, that we hold it unnecessary to trouble you with 
them, but since you have entered upon that branch, a caution against 
every stratagem may not be unnecessary. Capt. Pearis applies for a 
commission to the Good Warrior } if one is granted it must be especial, 
and you will be the best judge of the necessary terms. We have, there 
fore, referred him to you. 

Col. Wofford has likewise applied for commissions, in order to erect 
a whole regiment in the Colony s service from FletchalFs district. For 


that purpose, we send you thirty-four, signed by us, and blanks left for 
you to fill up; you will keep a copy of the names of officers, &c., as 
formerly directed. 

We are called together by an alarming account, which threatens the 
destruction of this town, by three frigates and a bomb-ketch. We 
hope it may prove a groundless report ; but it becomes us to act con 
stantly as if it was real. We shall be glad to hear that you have 
established peace and quietness on our backs, and of your outset for 
Charles Town as soon after as you please. 
By order of the Council. 

HENRY LAURENS, President. 

The Hon. W. H. DRAYTON. 


[Original MS.] 

EDGEHILL, TYGER RIVER, September 25th, 1775. 
To the Honorable W. H. Drayton, JSsq, 

MAY IT PLEASE YOUR HONOR : Some of FletchalPs party pretend 
to talk high of the concessions that the gentlemen at Ninety-Six were 
forced to make in their favor, but from the silence of their chiefs we 
pay little credit to them. However, it would be very pleasing to all 
the friends of liberty to have them transmitted into these parts as soon 
as it may be convenient. 

For my part, I am satisfied that whatever concessions were made in 
their favor, were made purely from the dictates of humanity, and not 
from any fear of what the impotent wretches could do. Their inten 
tions, I believe, were hostile enough, but the sight of your troops, and 
the cannon soon caused them to discover their own folly, by attempt 
ing to force, what in reality at last they begged. You have nothing co 
trust to now, but their importance ; whatever they may have plighted, 
it is but punic faith. For myself, I was always willing they might 
be allowed salt and some necessaries, but earnestly entreat they may 
not get an ounce of ammunition, considering the ignorance and malig 
nancy of their natures. 

Would it not be the best way to remove Fletchall from his authority 
altogether, enlarge Col. Thomas district, place over the other field 
officers that you could confide in, and by removing the obnoxious Cap- 


tains, and placing true friends to liberty at the head of the companies, 
the men would immediately be brought over. I do not presume to dic 
tate to your honor, or the gentlemen below, neither do I, as one of the 
committee for this district; these are my sentiments as an obscure 
private individual. 

Had your Honor s letter to Col. Thomas arrived about four or five 
days sooner, Col. Fletchall would have been attended with a rear guard 
of about four hundred men, in order to have secured his retreat, in case 
he had met with a check ; but time would not permit it. I hope yourself 
and the rest of the gentlemen below will do everything in your power 
for the liberties of your country. I think you may depend on a good 
many friends here ; I can declare for myself and family that the strongest 
efforts have, and shall still be made, for the good of the common cause. 
These protestations, may it please your Honor, are not made with a 
view, or in expectation of any future post of honor, or pecuniary reward, 
which I have always declined since I have (by my misfortunes) been 
thrown into the remote parts of this Province, but purely from an 
innate principle of love to liberty, and that of a true Revolution whig. 
I should be glad to receive a line from your Honor, if the multiplicity 
of affairs would permit at any time ; it would be an honor I should 
be proud of. I could readily get them at any time from Col. Wofford s. 

If any hints here thrown out should be of use to the public, no one 
would receive a greater pleasure than the public s well wisher, and your 
Honor s very humble servant, 



[Copy from the Original.] 

CONGAREES, S. C., September 26th, 1775. 

SIR : In consequence of the powers vested in me by the Council of 
Safety for this Province, I take the liberty of addressing this letter to 
you, and I do most earnestly request that you will consider it with 

In this time of public calamity, when the King s troops have un 
naturally commenced and continue to prosecute a cruel war upon the 
people of America ; in this time, when we have just cause shortly to ex 
pect the arrival of the King s troops in this Colony, in order to spread 


among us slaughter and devastation, we feel ourselves strongly actuated 
by the prevailing principle in human nature, and we cannot but en 
deavor to remove at a distance from us, every object that has any ability, 
or is in any degree adapted, either to counteract, or to impede our 
means of defence, or to assist the enemy. 

It gives me great concern, sir, to be under a necessity of telling you, 
that from your connection with the King s government, and our know 
ledge of your incapability of betraying your trust, we look upon you as 
an object dangerous to our welfare; and, therefore, as an object, that 
we ought to endeavor to remove to a distance irom your present resi 
dence. We do most ardently wish to procure your removal by the 
mildest measures, and politest mode of application. I do, therefore, sir, 
in the name of the Colony request, that you will forthwith remove to 
such a distance, from the Cherokee Nation, as will satisfy us that you 
cannot readily exercise the functions of your office among them, and 
thereby remove our apprehensions, that the functions of your office may 
be exercised to our prejudice. We shall be satisfied to find, that you 
fix your residence at St. Augustine or at Pensacola. 

Your principal the superintendant, and his Excellency the Gover 
nor, have removed in this time of confusion, the one from his usual 
place of residence, the other from among the people over whom the 
King sent him to preside neither of them at the request of the 
Colony but it appears they did not think it proper to expose them 
selves to the just resentments of the public. You have the conduct of 
these officers of the Crown as an example for your conduct; a conduct 
which will be mush more justifiable in you, who are now publicly 
requested, by the Colony, to depart to a distance from the Cherokee 
Nation. A request, too, sir, that, you must know, carries all the force 
of a command, and that you cannot disobey, with safety to your person, 
and the people in your charge, if you should think proper to cause the 
Indians to attempt to enable you to remain in the Nation. 

I am, sir, 

Your most humble servant, 


Deputy Superintendent in the Cherokee Nation. 



[Original MS.] 

CHARLES TOWN, September 27th, 1775. 
To the Honorable W. H. Dray ton, Esq. : 

SIR : On Sunday last we received your letter of the 17th, together 
with the sundry papers which you refer to, and if Capt. Wilson is de 
tained one day more, we will send by him the declaration and treaty to 
be printed in London, but shall defer a publication here, until we have 
an opportunity of considering the propriety of such a measure in your 
presence, which, we suppose, will happen in the course of a few days. 

The intelligence from the Cherokees received in Mr. Wilkinson s 
letter is very alarming. We hope you have sent away the Good Warrior 
and his fellow-travellers in good humor, and that they will influence 
their countrymen to remain quiet and give us time to discover the per 
petrators of the murder intimated by Mr. Wilkinson ; in the mean 
time we trust that you have taken proper measures for that purpose. 

Le Dispenser packet arrived here from Falmouth with advices from 
London to the 3rd August. Accounts in brief are, that the Adminis 
tration were sending more troops and ships of war to America, deter 
mined to persevere in the execution of their plan. General Gage, in 
his account of the Bunker Hill affair on the 17th June transmitted to 
Lord Dartmouth, owns about 1,056 of the King s troops killed and 
wounded, and his number of officers rather exceeds our early advices. 
We have heard nothing since the first of August from our delegates. 
By order of the Council of Safety. 

HENRY LAURENS, President. 


[From a Letter published by order of Congress.] 

DATED ST. AUGUSTINE, September 29th, 1775. 
There arrived here about four days ago, a Col. Kirkland,* one of the 
back country settlers, in South Carolina ; he refused to sign the Asso- 

*Cel. Kirkland, signed the Association, accepted a commission in the Colony regi 
ment of rangers, deserted, and afterwards endeavored to be chosen a delegate for 
Ninety-Six District, which he never could accomplish. He never made above a thou 
sand pounds weight of indigo and never had above twenty-five negroes. 


ciation, and was the occasion of many others doing so. W. H. Dray- 
ton did his utmost endeavor to gain him over to their party, but in vain ; 
they then offered a reward of two thousand pounds sterling to any one 
that would apprehend him. He escaped at last from a party who was in 
pursuit of him, by getting between them and Charles Town, and took 
that road, which they not in the least suspecting, he got safe, after a 
journey of two hundred miles, to Lord William Campbell s house, and 
from thence the next morning, on board the man-of-war. He says the 
back settlers are two to one in number, more than the rebel party; 
they got some powder, but when it came to be divided, they had only 
two rounds a man. He sails from hence in the transports to Virginia, 
in order to proceed to General Gage. He has an honest, open counte 
nance, good natural understanding, and may be a man of infinite use, 
when troops are sent to Charleston, (which surely will not be long,) 
even now a regiment to be sent up Savannah river, there back settlers 
would meet them, and the two provinces of Georgia and Carolina would 
be thrown into terror. The Committee here prevented salt and other 
articles, which they cannot be without, from being sent to them ; these 
circumstances inflame the back settlers, who only want ammunition to 
do themselves justice. Kirkland has, undoubtedly, great weight with 
those people ; since he came away his plantation has been ransacked, 
five thousand weight of indigo destroyed, and his sixty negroes he 
knows not where. He has with him a son, about twelve or thirteen 
years old, who escaped by being dressed like a girl, for they used their 
utmost endeavors to get him, in hopes the seizing his child would bring 
him to terms ; you will, undoubtedly, see him, and he will give you a 
true state of the Southern Provinces. The above particulars you may 
depend upon, and I write them that you may not be without intelli 
gence in regard to a part of the world you have already served in with 
so much success. The Catawba Indians are with the rebel party, but 
they consist of a few, and as these back settlers are seated around their 
Nation, they intend to seize their women and children the moment they 
hear they attempt violence. John Stuart got some powder from Tonyn, 
and sent it by an interpreter and an Indian to the Creek Nation, but 
they were met by some Georgians on the north side of Mazo, who had 
got information from one Cane of this Province, who seized the ammu 
nition, and carried it to Savannah ; however, the interpreter and the 
Indian proceeded to the Nation. Stuart s Deputy wrote him word some 
time since, if they did not get powder he could not answer for the 
Indians, as he believed they would certainly go down to Savannah to 
demand it so it is not unlikely they may have some of their red 


brethren upon their backs. Some of the gentlemen of Georgia still 
hold out, and have not signed the Association ; but Governor Wright 
has no authority, nor has not had any for some time. Lord Dartn.outh 
has directed the Land Office to be opened, for this Province, in order 
to grant land to any persons who choose to take refuge here, and to be 
free of quit rents for ten years. 


[Original MS.] 

CHARLESTOWN, S. C., Oct. 3rd, 1775. 

DEAR SIR : T wrote you a few days ago by Mr. Stenson. You ll 
receive by this Express a public letter giving you an account of our 
affairs and requesting you to come home, if you can be spared from the 
Congress. Our little army really wants you; Col. Moultrie is a very 
good man, but very indolent and easy, so that things go on very slow. 
We have had the Fort in possession about twenty days, and he was 
desired to put it in good order as soon as possible, and spare no expense, 
but there is very little done. My Betsy is still but poorly; the Doctors 
think she wont get well till there is a frost or two, that she can change 
the air into the country. She rides out every day and visits her friends 
but can t get quite rid of the bilious disorder. I never was for stopping 
the bar and fortifying the town till I found we could not get nine-tenths 
of the people to leave the town. We have had strange delays. In 
business and other aifairs there s a party of men who strive to put back 
every measure, that we have nothing ready when the King s ships arrive, 
that they may have a pretense to lay down their arms and save their 
houses. I hope I may be mistaken. I have stated my suspicions to 
the General Committee, and there declared that if there were men base 
and mean enough to act so, and if any persons would join me, I would 
burn the town over their heads. Our Volunteer Companies are still in 
a strange way which has given the tories some hopes. We ordered one 
out of the province yesterday, James Brisbane. He had signed the 
Association and then went about fomenting the uneasiness among the 
Volunteers. I wish you could be at home when the Congress meets. 
Col. Powell is very busy preparing to attack the Ships of War. If the 
Express don t go this afternoon, Betsy, Polly and Phil will write to you. 
All your people are well. I have lost Watch, for which I ain very sorry, 


I dont know when I shall get such another. Betsy joins me in love to 
you and Tom. 

Dear sir, yours sincerely, 


P. S. We have but a small stock of powder, and want muskets very 
much. We have some from the French hands, but they are very bad 
and every gunsmith in town is doing public work. The answer you 
have a copy of from J. W. came first to us without his name We 
suppose Capt. Innis gave him a copy of the letter, and when he had 
written it over, as Innis put no name, J. W. thought he ought not to 
do so. 

T. F. 
To Col Christopher Gadsden, Philadelphia, 


[Original MS.] 

CHARLESTON, Oct. 5, 1775. 
TJie Honorable the Council of Safety. 

GENTLEMEN : The Commissioners honored with the charge of stop 
ping or obstructing the passages over the Bar of Charlestown and to 
take and pursue all such measures as to them seem most effectual for 
carrying that measure into execution, and to apply to the Council of 
Safety for the proper means, conceive that by the vote of last night in 
General Committee, their service is no longer necessary, and therefore 
request a proper discharge, and an order for payment of the expenses 
incurred therein agreeable to the vouchers herewith. 
We are, gentlemen, 

Your most humble servts., 




[Original MS.] 

PAGE S CREEK, Oct. 5, 1775. 

SIR : This day I received your letter dated the twenty-first of last 
month desiring to know whether I considered myself as bound by the 
peace you made with Col. Fletchall and the other gentlemen from our 
Camp. I think sir, at this time the question is rather unfair; however, 
as it always was my determination not to deceive either party, I must 
confess I do not hold with that peace >at the same time as fond of 
peace as any man but upon honorable terms. But according to my 
principles, that peace is false and disgraceful from beginning to ending. 
It appears to me, sir, you had all the bargan making to yourself, and if 
that was the case, I expected you would have acted with more honor 
than taken the advantage of men (as I believe) half scared out of their 
senses at the sight of liberty caps and sound of cannon, as seeing and 
hearing has generally more influence on some men than reason. 
I am sir, your most humble servt., 



[MSS. of C. Gadsden.] 

CHARLESTOWN, S. C., October 5, 1775. 

DEAR SIR : I have just to acquaint you with the fact that after the 
Committee had recommended to the Council to have the Harbor stopped 
and batteries erected upon Sullivan s Island and upon Cummin s point, 
and also to drive the ships of war away or take her ; and also after the 
Council had agreed to have it done, and matters were in great forward 
ness, one of the Council, Thos. Bee, did privately withdraw and get up 
a petition from the people of Charlestown to the Council, praying they 
would desist from fortifying the town and stopping the bar. Very un 
fair means were used to get the people to sign. A great many came 
and desired their names to be struck off. Notwithstanding, we last 
night determined to lay aside all fortifications of the place and harbor, 
I am sorry to. say many of our people seem more inclined to lay down 


their arms than defend their country. I shall make a motion to-day to 
move all the goods out of Charleston ; we are full of making lines across 
the neck, but I fear this has only been agreed to to frustrate the other 
matter. There are forts making in several parts of the country. I 
wish you were at home, for you are much wanted. 

Dear sir, yours sincerely, 

To Christopher Gadsden. 


[Original MS.J 

ENOREE, Oct. 14, 1775. 

HONORED SIR : The inclosed was written you before Col. Fletchall s 
redezvous, which happened unexpectedly. The chief part of the com 
pany marched by my house in a promiscuous manner, and returned as 
confusedly back again, very much displeased with the conduct of their 
Colonel, and were upon several conclusions for some days after as peo 
ple chafed in their minds. Indeed, there were some schemes proposed, 
which if perpetrated would have been of a sanguine die. Sir, I was 
really sent to by particular persons to acquiesce in the thing ; but sir, I 
absolutely rejected the matter as the most stupid foolish inconsistency 
that ever could be devised. However, the scales seems turned very 
much now, and you are much applauded for acting at Ninety-six, as it 
is visible to every person that will consider the thing, that is if it had 
come to action, how much you would have had it in your power to have 
used those people at pleasure, as your Battalion was well disciplined and 
the other so confused. I believe it appears now to the most of the peo 
ple, a thing inadvertently done, to rise in the manner they did. I am 
apt to think they will not attempt such a thing again. I am sure they 
never will go with the Colonel again. But, however, there is a conten 
tious spirit yet reigning in the hearts of some, for which cause it is 
wise to act with good economy in so great an exigency. There is one 
evil that has reigned and does still reign predominant ; that is, the 
great inadvertancy of some of the backwoods committee, who should 
keep from letting out some foolish speeches to scare the people into their 
measures, which effects quite the other way rather exasperates than 
frightens. There is one man in particular, of the Committee, who has 


done more harm to the cause than he can ever make compensation for, 
and all by an intimidated spirit in himself, which has caused him to 
speak such foolish words, as that he would give all he had in the world 
if he was out of it ; and that, in the Provincial Congress they were one- 
half divided ; and telling some they had better stand as they were, if 
they knew as much as he did, they would ; which occasions people to 
think some dreadful thing is at the bottom. I have thought after Court 
to attend at the sitting of the backwood s committee, aud to be free 
enough to give my opinion in the method of proceeding in the matter, 
if not disagreeable to the Committee of Safety; and if not thought pro 
per, I will desist by a line from you, and not meddle at all. Sir, I have 
heard many say they did not regard the seaports being taken ; they could 
not take the country. But upon a mature consideration it appears to be 
most expedient, by all means, to secure the seaports, and not permit any 
forces to be landed that are enemies to America; for the day they land 
it will instigate many opinions and cause divisions. The nature of 
humanity is such that self-preservation very much prevails, and probably 
the voice will be, the town is taken and the Province is gone, which will 
make weak hearts and feeble hands ; and it will be said if the town was 
taken by force, the country is no refuge and must surrender unless they 
could maintain the field in battle and force the trenches of circumval- 
1 ition and retake the town ; but while the town can be defended is some 
fold more strong than they will be if the town is lost. I may be deceived 
but I think I could make palpably plain that what I say is consistent. 
However, all sublunary things by ways and means of artifice may be 
accomplished, so that hearts may not fail till they know the determina 
tion of Providence, &c. 

Good discipline is very necessary not the superfluity to be taught 
that is only loosing time ; perhaps three words of command is best. In 
this case the Battalions, to be well taught in marching, and to keep 
their ranks without confusion ; the plattoons to be acquainted well to 
know how to march out and return, to keep up a constant firing and 
quick charging, all which may be done at three words of command, and 
they can t forget that. 

Sir, I am and remain your well wisher 

and humble servt. at command, 


P. S. Sir, as you may understand I was applied to by the people 
after the Colonel s defeat to undertake to acquaint you, I was also 
applied to and proposed to be set up as a Committee Representative in 
the backwoods and should have gone with a free vote by the Association 


people themselves, and ara sure I should have had one hundred or two 
hundred votes from the puople who never have given their voice in favor 
of the matter yet, but I refused ; so you see I have interfered on neither 
side, only so far as you might have expected of me, which I would not 
have come short of by any means. If i was to undertake, I would be 
sorry to fail in the matter; therefore it is wisdom to balance every thing 
in the right scale wisdom. Solomon tells of a poor old man who 
through his wisdom delivered the city and afterwards was no more 
thought of; so wisdom also failed on his side. It s a deep thing, and 
exceeding high too, so leave it as a paradox. I must tell you that there 
are particular reasons why people have been so divided in the Fork, and 
I knew from the first that it would be as it has turned out, and said so 
to the knowledge of several ; and I think I know how it will be, and 
tell you it will be precarious. There is a wheel within a wheel ; yet I 
wish you were to be at Ninety-six Court; 1 would communicate my 
mind to you from the bottom of my heart. I can t write it legibly; 
and you may depend I cannot use deceit, and scorn to be frightened into 
anything ; but you know there is a great deal of malice in the Province 
between them and the town also ; and so there is a great deal of sub- 
tilty used in order to proceed violently when opportunity or a critical 
time happens. If such things were reconsidered or had been judiciously 
considered before, all things in this Province would have gone easily 
on in one channel; two or three men sometimes may be worth a thou 
sand, and be of no great ability either. However, time is not gone yet. 


[Original MS. Autograph W. II. Drayton.] 

The Committee for forming a plan of defence for the Colony, report : 
That upon the first appearance of the enemy, or certain intelligence of 
a designed attack upon Charles Town, an alarm should be fired as a 
signal that the draughts of militia, who ought to have previous notice 
for this purpjse, should, with all expedition, repair to head-quarters at 

As, in all probability, if the enemy invade this Colony, they will 
attempt to land in Charles Town, so a redoubt ought to be erected at 
Cummins Point, consisting of six 26-pounders; a redoubt of four 


26-pounders should also be erected on the south part of Sullivan s 
Island. These will not be more than two and a half miles distant ; 
they will assist each other, and ships carrying only 6 and 9-pounders, 
cannot long sustain so superior a weight of metal. The ships, there 
fore, must either be shattered here, or they must pass on, after, in all 
probability, having received considerable damage. If the ships ad 
vance by Fort Johnson, they must receive the fire of the lower battery 
containing fifteen 18-pounders, and also of a redoubt of twelve pieces of 
cannon upon an eminence to the westward. Or if the ships advance 
by Hog Island Creek they must receive the fire from a redoubt of ten 
26-pounders, at Haddrel s Point; and, in all probability, Fort John 
son and the battery will much support this fire ; and if the ships pass 
all these batteries, they ought to be received by the batteries at the 
south end of the town, or by batteries at the north end, opposite the 
mouth of Hog Island Creek. 

If the enemy run through all this fire, it is evident, that, in all pro 
bability, they will receive considerable damage, with but little loss to 
ourselves ; and if they stop to batter our posts, in all probability, their 
loss must be very considerable ; and as our redoubts will be made of 
mud and sand, we cannot receive any great loss. This defence may 
consume about four thousand weight of gunpowder. Eight hundred 
regulars, and two hundred artillery and fusiliers will fully man these 
works, near which boats should be properly stationed to effect their 
retreat to headquarters. 

Admitting that the enemy having passed through this severe fire, 
land in Charles Town. Upon their landing, they cannot make any 
offensive motions } for, some time will be required to land their stores 
and to fortify their front to the land more time will be neces 
sary to refresh their sick after their passage, and to recover their 
wounded after the action, and to refit their ships. This interval will 
furnish abundant time for the troops to retreat from their batteries, 
and for them and the militia to repair to Dorchester, from thence to 
prepare to attack an enemy reduced in their numbers, and discouraged 
by their reception. At this time our force ought to stand thus : All 
the regulars and militia ought to be posted at Dorchester, from whence 
they should maintain two posts ; the one over Goose Creek bridge 
the other at Stono ; and these will cut off the communication between 
the town and back country. The principal magazines, the records, and 
the press, should be established at Dorchester, as well, because that it 
will be a place of great security, as it must be entrenched and mounted 
with cannon, as that the post may be an object to entice the enemy to 
advance into the country. 


All the negroes between the sea, and a line drawn from North Edisto 
Inlet to Tugaloo, thence along the river to Stono, thence to Dorchester, 
thence to Goose Creek bridge, thence to the mouth of Back river, thence 
to Cain Hoy, and thence to the sea, should be removed upon the ap 
proach of the enemy and the militia within those lines, and upon the 
outward borders of them, should form a constant and continued chain 
of patrols along those lines, by which all communication will be cut off 
between the enemy in the town, and the negroes in the country. Orders 
should be immediately issued, so that this plan should be executed when 
it may be necessary. 

In this situation of affairs, there will be a considerable and intricate 
tract of country for the scene of military operations. The enemy posted 
in Charles Town, will be watched by the army at Dorchester; who 
ought to throw out every allurement to induce them to advance into 
the country, not only that we might avail ourselves of the natural 
strength of the country and of ambuscades, but that we might have a 
chance to get between the enemy and the sea, and thus to attempt to 
finish the war in this country by destroying the enemy at a blow. 

But if the enemy make good their landing in Charles Town, it is but 
too probable they will remain there entirely upon the defensive, in order 
that the war may be drawn into length, to ruin us by our expenses, and 
depreciation of our currency ; to tire us out by our new manner of 
living and great fatigues, and, above all, to allow time for discontents 
among ourselves thus to break our combination even without their 
attacking us. Therefore, to avoid these consequences, we must act 
offensively, and attack Charles Town, by surprise, storm, or regular 
siege. And we do not see that works and entrenchments can, with 
propriety, be erected on the neck, but from a knowledge that the enemy 
mean to remain in Charles Town, and that in such case, we prefer the 
attack by regular siege, rather than by surprise or storm. On which 
plan, we do not see of what advantage strong entrenchment upwards of 
four miles from Charles Town can possibly be. And so far does it 
appear to us to be our interest, not to do any thing tending to confine 
the enemy to Charles Town, that it seems clear, we ought, by every 
possible means, to entice them to advance into the country. 

Besides, if the enemy, contrary to what seems to be their interest, 
should resolve to penetrate into the country, we ought not only to 
remember that they are much better skilled in attacking, than we are 
in defending entrenchments, but that they may penetrate into the 
country, even without being under any necessity of passing those en 
trenchments. For in one night, they may pass from Charles Town, to 


Old Town, on the one hand or to Cain Hoy, on the other hand and 
from either of those places render our entrenchments on the neck 
utterly useless to us, since we must march with all our force against 
them, and the situation of the war will then be exactly the same as if 
we had no entrenchment on the neck, and had marched from Dorches 
ter, except these differences the loss of the money expended in making 
the entrenchment, which the enemy may effectually render useless, even 
by any one out of a variety of mano3uvres equally adapted to such an 
end. The enemy will, in the absence of our forces, occupy these lines 
and turn them against us; or, if we leave a force to maintain them, we 
shall not be able to march so large and good an army as we otherwise 


[Original MS.] 


October 14th, 1775. 

Resolved, That the Hon. William Henry Drayton, Thomas Ileyward, 
Jun., Esq., and Col. Motte, be, and they are hereby appointed Commis 
sioners, for erecting a redoubt to mount twelve pieces of heavy cannon, 
on the most convenient spot to the westward of Fort Johnson, on James 

A true copy from the minutes. 

PETER TIMOTHY, Secretary. 


[Original MS.] 

To the Honorable the Council of Safely : 

HONORABLE SIRS : Herewith I have the honor to transmit to you 
the report of the militia, and volunteers, under my command, at Har- 
lin s Ferry, Savannah River, and the Camp near Ninety-Six, by order 
of the Honorable William Henry Drayton, also a general return of 
rations supplied to the troops, with an account of monies disbursed, 


and other necessaries found for their use, by order of the said Mr. 
William Henry Dray ton. 

Your Honors will be pleased to observe, that on complaint of the 
troops at Harlin s Ferry of want of arms and ammunition, I took the 
liberty to furnish them with a quantity of powder, lead, and flints, as 
mentioned in my account, for which I have made no charge } not in the 
least doubting, your Honors would order the same quantity to be 
replaced me from the magazine. 

From the best intelligence I can learn since Mr. Drayton went from 
hence, I have the pleasure to acquaint your Honors, that every thing seems 
in perfect tranquility, both here and on the other side of the river. 
Volunteers are there and here forming. Application has been made to 
me for commissions, and great complaints, of their want of arms and 
ammunition, which I have assured the people, I would do all in my 
power to procure, and am in hopes your Honors will order a sufficient 
supply to Fort Charlotte where they can be safe; and I would appre 
hend a guard may be necessary to conduct them up from Orangeburg, 
which I shall supply on receiving orders. 

I am sorry to be under the necessity of returning the commission of 
Mr. Allen Cameron, in whose favor I solicited it. I also take the 
liberty of troubling your Honors with his letters, which I received a 
few days ago. In his relation of a conversation that passed, 1 shall only 
remark, that after saying "his baggage was light to carry" that he 
must have bread. 

I beg leave to subscribe myself with the greatest respect, 
Honorable sirs, 

Your Honors most obedient, 

Most humble servant, 


[Original MS.] 

KEOWEE, Oct. 16, 1775. 

To the Honorable William Henry Drayton : 

SIR : By Mr. Wilkinson I received your letter of the 26th ultimo, 
which I have maturely considered. The contest and confusion in 
America at present, gives me real concern, but who the aggressors are 


I am not a competent Judge to determine, nor will I pretend to blame 
men who have already advanced so far as the Americans have done, in 
support of a cause which their conscience dictates to them is just, to 
avail themselves of every means in their power, either for their defence, 
or in order to terminate the present unhappy and unnatural conflict 
with their parent State. 

Be pleased, sir, to accept of my sincerest acknowledgments for the 
concern you express for requesting of me to remove to some distance 
from my present residence among the Cherokees. This concern, sir, 
makes the demand still more heavy upon me, as I cannot find myself at 
liberty to comply with it ; at the same time I think, that the chiefs of 
your province can be under no apprehension of danger from me or my 
connection with the Indians, if we are at liberty to enjoy peace and 
tranquility where we are. 

The great men, (his Excellency Lord William Campbell and the 
Honorable John Stuart, Esq.,) whom you are pleased to mention to me, 
sir, for the rule of my conduct, were very differently situated. They 
were stationed among the most strenuous part of the people, in the pres 
ent quarrel, where they could not officiate any part of their duty without 
censure, and run, perhaps, the risk of their lives to no end. 

I am particularly sorry, sir, that my being in this nation gives you 
any uneasiness. But while I have the honor to serve in my present 
office, I must implicitly observe the directions and orders of my 
superiors, and cannot recede from my part without first obtaining their 

From the day I commenced as Mr. Stuart s Deputy, I received no in 
structions injurious to the frontier inhabitants, but on the contrary and 
agreeably to my duty I have assiduously endeavored to cultivate peace 
and friendship between the Indians and them, and at this very juncture 
when I am threatened with condign punishment from all quarters of 
your Province, I am endeavoring a mediation. 

In your talk to the Indians, by Mr. Pearis, of 21st August, you men 
tioned that you was told that I spoke to the Indians with two tongues. 
I think, sir,. you might as well have omitted such uncourtly expressions, 
as it could answer no purpose ; for I defy you or any man breathing to 
make good these assertions, and if it was with a view to prejudice the 
Indians against me, all the rhetoric Mr. Pearis is master of, could not 
effect it ; although he is well known to be a person who will not stick 
to truth, or any thing, to accomplish his designs. 

I am with all due respect, sir, your most obedient 

and most humble servant, 



[Original MS.] 

CAMP NEAR MCLAURIN S, November 2d, 1775, 
To the Honorable the Council of Safety : 

SIRS : On a very wet day, in the midst of bustle, and just starting 
to march, I take the liberty to acquaint you, that we are near McLau- 
rin s, in the Fork, and, yet, unmolested by the opposites. Our people 
have taken the persons herein named, which, from their knowledge of 
the part they have vigorously acted, will not permit me, even if I was 
inclined to let go, viz : Capts. John Mayfield, Benj. Wofford, Wm. 
Hunt, Daniel Stagner, Jacob Stack the cause of their being sent will 
appear but, at any rate, they are not to be set at liberty till matters 
are settled, as they are looked upon as active and pernicious men. I 
am now joined by Col. Thomas with about two hundred, Col. Neel as 
many, Col. Lyles about one hundred, together with Col. Thomson 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 any thing required, which I hope we shall. I 
hear of their moving about, but yet have made no opposition. In the 
state I am now in, I can say no more than that when I may attend, and 
have it in my power, will transmit such things as may occur. 
I am, sir, 

Your most obedient humble servant, 



[From Copy Original MS.] 

CAMP NEAR LONG CANE, November 6th, 1775. 
DEAR SIR : On Saturday morning last, about 4 o clock, I received 
a letter from Major Mayson, which, to my great surprise and astonish 
ment, informed me, that the day before, about 5 o clock, Jacob Bowman 
and Patrick Cunningham, with about one hundred and fifty armed men, 
from the north side of Saluda river, stopped a wagon loaded with am 
munition, about seventeen miles below Ninety-Six, most part whereof 


I fancy you are not insensible, was a present from this Province to the 
Cherokee Indians, all of which they took and carried off, making a 
guard of twenty rangers and the officers prisoners j and as John Vann 
was here yesterday on his way to the Nation, and on his arrival will 
be apt to inform the Indians of this robbery, and lest some young in 
considerate man of the Cherokees should think of revenging this on 
the people of that side of the Saluda, I have embodied part of this 
regiment, and this moment intend to march to Ninety-Six to join those 
that are there ; and hope, in a few days, to retake that ammunition, 
and bring those people to justice who committed this act. But should 
the powder and lead be so distributed among the people that it cannot 
be got back, I make no doubt, but that the Council of Safety will order 
a like quantity for the Cherokees immediately. But I expect, when 
they see their error and my force (which will soon be very consider 
able, as all the first people of this district appear to turn out to a man), 
they will give up the ammunition, and the people who committed the 
robbery. I have thought necessary to acquaint you of this by express, 
that you may be able to explain this matter properly to the warriors and 
head men, and I am confident they will be able to prevent this affair 
being productive of any breach of comity between them and this Pro 
vince, as I think the people who committed this act, were led on 
to it, by two rash inconsiderate men. And, indeed, it appears to me 
that by getting this ammunition into their hands, they thought to rule 
this Province, but I flatter myself they will soon be fully convinced to 
the contrary. And, as you wrote me in your last, that you intended to 
be at Salisbury on the 10th day of this month, I have taken the liberty 
to direct this, in your absence, to Mr. Cameron, with my compliments, 
and hope he will do me the favor to explain it to the principal men. 
And I am, dear sir, 

Your most obedient, 

Very humble servant, 



[Printed Circular.] 


CHARLES TOWN, November 19, 1775. 

It has been the policy of America in general, and of this Colony in 
particular, to endeavor to cultivate a good correspondence with the 


neighboring Indians ; and especially so, since the commencement of the 
present unhappy disputes with the British administration. This policy 
originated from a view of preserving, at the cheapest rate, our borders 
from savage inroads, pushed on by French and Spanish management, 
or Indian avidity or ferocity. Of late this policy has been persevered 
in ; and our endeavors have been redoubled, in order to oppose and to 
frustrate the design of the British administration, by the hands of the 
Indians, to deluge our frontiers with the blood of our fellow-citizens. 
Experience has taught us, that occasional presents to .the Indians has 
been the great means of acquiring their friendship. In this necessary 
service, government every year has expended large sums of money ; 
and the Continental Congress having divided the management of the 
Indian affairs into three departments, have allotted for the expenses of 
this southern department the sum of ten thousand dollars, in order to 
preserve the friendship of the Indians on the back of our settlements. 
The late Council of Safety spared no pains to confirm them in their 
pacific inclinations; but, from the repeated, constant and uniform 
accounts they received from the Council of Safety in Georgia, the 
Indian traders in that, and in this Colony, and among the Creeks and 
Cherokees, and the persons there employed by the two Colonies to 
superintend the Indian affairs, it clearly and unfortunately appeared, 
that a general Indian war was inevitable, unless the Indians were fur 
nished with some small supplies of ammunition, to enable them to 
procure deer skins for their support and maintenance. 

Rather than draw on an Indian war, by an ill-timed frugality in with 
holding ammunition, our friends in Georgia resolved to supply the 
Creeks with such a quantity as might, in some degree, satisfy their 
urgent wants, but could not incite, by enabling, them to commit hostili 
ties. They sent on that service two thousand weight of powder and a 
proportional weight of lead. They also strongly pressed the late 
Council of Safety to supply the Cherokees. About the end of Septem 
ber, the Honorable William Henry Drayton, a member of the late 
Council of Safety, met several of the Cherokee head men at the Con- 
garees. Nothing could in the least degree satisfy them but a promise 
of some ammunition. At length the late Council, in October last, 
issued a supply of ammunition, consisting of only one thousand weight 
of powder, and two thousand pounds weight of lead, for the use of the 
Cherokees, as the only probable means of preserving the frontiers from 
the inroads of the Indians, and the Council the more readily agreed to 
this measure, because, as they almost daily expected that the British 
arms would attack the Colony in front on the sea coast, they thought 


they would be inexcusable, if they did not, as much as in them lay, 
remove every cause to apprehend an attack at the same time from the 
Indians upon the back settlements. 

But this measure, entered into by the Council, upon principles of the 
soundest policy of Christianity, breathing equal benevolence to the 
associators and non-associators in this Colony, and arising only from 
necessity, unfortunately has been by some non-associators made an 
instrument for the most diabolical purposes. 

These wicked men, to the astonishment of common sense, have made 
many of their deluded followers believe, that this ammunition was sent 
to the Indians, with orders for them to fall upon the frontiers and to 
massacre the non-associators ; and, taking advantage from the scarcity 
of ammunition among individuals, arising from the necessity of filling 
the public magazines, they have invidiously represented, that ammuni 
tion ought not to be sent to the Indians, while the inhabitants of the 
Colony, individually, are in a great degree destitute of that article; 
industriously endeavoring to inculcate this doctrine even in the minds 
of the associators. 

Wherefore, in compassion to those who are deluded by such represen 
tations, the Congress have taken these things into their consideration, 
which otherwise would have been below their notice and they desire 
their deceived fellow-colonists to reflect, that the story of the ammuni 
tion being sent to the Indians, with orders for them to massacre the 
non-associators, is absurd in its very nature : 

1st. Because the whole tenor of the conduct of the Council of Safety 
demonstrates, that they were incapable of such inhumanity as a body ; 
the character of each individual shields him against a charge of so 
cruel a nature ; and Mr. Drayton s conduct at Ninety-Six, at the head 
of the army, fully showed, that the blood of the non-associators was not 
the object of his policy. 

2d. Because also, if men will but call reason to their aid, they must 
plainly see, that if the Indians were let loose upon the frontiers, they 
must indiscriminately massacre associators and non-associators, since 
there is no mark to distinguish either to the Indians ; and, therefore, 
no associator, of but common sense, could think of promoting the 
interest of his party by executing a measure which must equally ruin 
friend and foe. 

However, in order to clear up all difficulties en this head, and for 
the ease of the minds of our deceived friends, the Congress in a body, 
and also, individually, declare, in the most solemn manner, before 
Almighty God, that they do not believe any order was ever issued, or 


any idea was ever entertained, by the late Council of Safety, or any 
member of it, or by any person under authority of Congress, to cause 
the Indians to commence hostilities upon the frontiers, or any part 
thereof. On the contrary, they do believe, that they, and each of them, 
have used every endeavor to inculcate in the Indians sentiments 
friendly to the inhabitants, without any distinction. 

It is greatly to be regretted that our fellow-colonists, individually, 
are not so well supplied with ammunition as would be adequate to their 
private convenience. But is not the situation of public affairs, which 
renders it absolutely necessary to guide the channels through which 
ammunition is brought to the Colony into the public magazines, before 
any part of them can be permitted to reach the public, individually, 
also to be lamented ? Ought not nay, this unhappy situation of 
public affairs does justify the filling the public magazines, thereby 
securing the welfare, and forming the defence of the State, at the risk 
of the convenience or safety of individuals. And if, out of the public 
stock, a quantity of ammunition is given to the Indians, which may be 
sufficient to keep them quiet, by, in some degree, supplying their 
urgent occasions, yet, not sufficient to enable them to make war, ought 
our people nay, they cannot have any reasonable ground, to arraign 
that policy by which they are and may be preserved from savage hos 
tility ; or to complain, that because the whole Colony, the public and 
individuals, cannot be supplied with ammunition, therefore a small 
quantity ought not to be sent to the Indians. Men should reflect, that 
this small quantity is given, in order to render it unnecessary to supply 
the public, individually, on the score of a defence against Indians; a 
service that would consume very large quantities of an article that ex 
perience teaches will be diminished when individually distributed. 
Men should also reflect, that while the public magazines are well stored, 
supplies can be instantly, plentifully, and regularly poured upon those 
-parts where the public service may require them. And the public are 
hereby informed, that although, when the present disturbances began, 
there were not in the Colony more than five hundred pounds weight of 
public powder, yet, by the vigilance of the late Council of Safety, the 
public stock has been so much increased, as to induce the present Con 
gress, to make an allotment of five thousand pounds weight for the 
defence of the interior parts of the Colony, besides several considerable 
quantities already disposed of on that service. 

Men ought likewise to take into their consideration, that as the Coun 
cil of Safety, by various, and a multitude of means, procure constant, 
speedy, and authentic information of the state of all parts of the 


Colony, and of the Indians, so, by being much better informed upon 
those points than the public individually, therefore, the Council are the 
most competent judges where ammunition ought to be sent j whether a 
small quantity to the Indians, with a view and probability of keeping 
them quiet, or a large quantity to the inhabitants necessarily to arm 
them against the Indians. 

Common sense and common honesty dictate, that if there is a pro 
bability, that by a present of a small quantity of ammunition the 
Indians can be kept in peace, that present ought not to be withheld at 
the hazard of inducing an Indian war, thereby of expending not only 
a much larger quantity of ammunition, but of involving the Colony in 
an immense expense, breaking up whole settlements, and unnecessarily 
sacrificing a number of lives. 



[Original MS.] 

1st. 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. 

3d. 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 and the messenger of each party 
shall pass unmolested. 

5th. That Major Robinson shall withdraw his men over Saluda, and 
there keep them embodied or disperse them as he pleaseth until his Ex 
cellency s orders 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 twenty-second day of November, one thou 
sand seven hundred and seventy-five, and in the sixteenth year of his 
Majesty s reign. 







[Original MS.] 

NINETY-SIX, November 24th, 1775. 

I now enclose you a copy of the cessation of arms agreed upon by 
Major Williamson and myself the day before yesterday, by which you 
will be able to judge of the terms we are to abide by on both sides. 
The persons chosen to represent the matter before the Provincial Con 
gress are, Major Williamson, John Bowie, and myself, on the behalf of 
the associators for this Province; and Major Robinson, Captains Cun 
ningham and Bowman, on behalf of the King. We who are appointed, 
are to meet here on Monday next, the 27th inst., in order to proceed to 
town to settle this disagreeable business. I shall now give you a small 
narrative of our battle. On Saturday last, about 4 o clock in the after 
noon, we received intelligence that all the people assembled in arms 
over Saluda river, had marched over, and encamped about four and a 
half miles from our camps, in number about two thousand. We had, 
at most, not more than five hundred men. At first consultation with 
Major Williamson, we agreed to inarch and meet the opposite party and 


give them battle ; but, upon consideration, we thought it most prudent 
to march all our men to Col. Savages old field, near Ninety-Six, as our 
numbers were small, compared with the other party, and to fortify the 
same with the rails thereabouts. We arrived there about day break, 
and in about two hours a square of one hundred and eighty-five yards, 
was fortified in such a manner as to keep oif the enemy but before 
three days had expired, our men began to be outrageous for want of 
bread and water, and we had not above sixteen pounds of gunpowder 
left. On Tuesday last, in the afternoon, the enemy held out a flag of 
truce and sent into our fort a messenger with a letter from Major 
Robinson to myself, which was the first beginning of this treaty. We 
have only one man dead since this battle, and eleven wounded ; some 
will be mortal by the doctor s opinion. The enemy say they had but 
one man dead, who is a Capt. Luper, and about the same number 
wounded as ours ; by the best information they have buried at least 
twenty-seven men, and have as many wounded. I am certain I saw three 
fall at the first fire from our side. The swivels are to be delivered up 
this evening to us, although inserted in the articles of cessation as 
given by us up, as agreed to by the head men of the other party. 



[Original MS.] 

WHITE HALL, Nov. 25, 1775. 
To the Honorable William Henry Dray ton, Esq. y 

SIR : Your letter by order of Congress dated the 9th inst., I received 
on the 14th, by the Express, and am happy to find my past conduct met 
the approbation of your Honor and the Congress. It shall always be 
my study to discharge my duty and the trust reposed in me by that 
respectable body. Before I received your letter I had reinforced Fort 
Charlotte with fifty-two militia and supplied them with provisions, and 
have since given orders for their continuing there one month longer ; I 
have also furnished Captain Caldwell with iron for the carriages to 
mount the guns. 

I should have had the Honor of transmitting you an account of my 
situation before now, but could obtain no certain intelligence from the 


opposite party, until the seventeenth instant in the night (notwithstand 
ing I had used all possible endeavors and some expense to obtain some 
knowledge of their strength and designs) when I learned their numbers 
amounted to at least fifteen hundred men, and understood that it was 
chiefly owing to an affidavit made by Capt. Richard Pearis, that so 
many men were embodied a copy whereof I now inclose you, as also a 
copy of the oaths they imposed on those who happened to fall into their 
hands, all of whom they disarmed except such as were willing to join 
their party. 

On the eighteenth, in the evening, I received certain information that 
they were crossing Saluda river on their March towards us, and then 
was joined by Maj. Mayson, with thirty-seven rangers. I immediately 
ordered the men under arms, and took the resolution of marching to 
meet them, and demanding their intentions, and if they were determined 
to come to action to be ready before them, and on acquainting the offi 
cers and men thereof, found them all cheerful and willing to proceed, 
but afterwards reflecting on the fatal consequences should we have been 
defeated, proposed in a Council of War, consisting of Maj . Mayson and 
all the Captains, to march from the camp near Ninety-six into the 
cleared ground of Col. Savage s plantation, where we could use our 
artillery with advantage, and there fortify our camp till we should re 
ceive more certain information of their strength (being in immediate 
expectation of being joined by Col. Thompson and the rangers at least, 
and also some men from the lower part of this regiment and Augusta,) 
which was unanimously approved of, and early next morning we marched 
to Ninety-Six with all our provision and baggage, and in about three 
hours erected a kind of fortification of old fence rails joined to a barn 
and some out houses, which before we had quite completed they had 
surrounded us with a large body of men with drums and colors. I then 
sent out an officer to demand their intention, who, on his return reported 
that Major Robinson and Mr. Patrick Cunningham refused to have any 
conference but with the commanding officers. I then sent out Major 
Mayson and Mr. Bowie, whom they and Mr. Evan McLaurin met 
between their men and the fort in sight of both, and after about fifteen 
minutes conference they returned, and reported that they insisted on 
our immediately delivering up our arms to them and dispersing ; which 
were the only terms they were determined to grant us, and that at part 
ing they told them to keep our people within the fort, which was the 
only place where they could be safe ; and immediately they took two of 
our people just by the fort, before my face, whom I gave orders to re 
take, and a warm engagement ensued, which continued with very little 


intermission from three o clock in the afternoon of Sunday, until Tues 
day sunset, when they hung out a white flag from the jail, and called to 
us that they wanted to speak to the commanding officers. I replied, if 
they wanted to send an officer or any message they should be safe. On 
which they sent a messenger carrying a lighted candle and a letter from 
Major Robinson directed to Col. Mayson, demanding of us as before, to 
deliver up our arms and disperse, giving us one hour s time to return an 
answer; to which Major Mayson and myself jointly answered that we 
were determined never to resign our arms, and in about two hours, Mr. 
Bowie, who carried our answer returned with a letter making the same 
demand, and with him Patrick Cunningham, whom I met about fifty 
yards from the gate, where we conversed for sometime, and then he came 
with us into the fort, where, after some time, we agreed to have a con 
ference on the morrow, at eight o clock. Accordingly, on Wednesday 
morning Maj. Mayson, Capt. Pickens, Mr. Bowie and myself met with 
Major Robinson, Messrs. Patrick Cunningham, Evan McLaurin and 
Richard Pearis, and agreed to the cessation of hostilities now inclosed 
you, which was lucky for us, as we had not above thirty pounds of pow 
der, except what little the men had in their horns ; but no scarcity 
appeared, as no person knew our stock but one gentleman and myself. 
We had thirty-eight barrels of flour with four live beeves in the fort, 
and got very good water the third day, after digging upwards of forty 
feet, so that if we had had a sufficiency of powder we could have stood 
a siege for a considerable time. It will appear to your Honor by the 
articles that we gave up the swivels ; but that was not intended either 
by them or us, for after the articles were agreed on and were ready for 
signing, their people to the number of between three and four hundred 
surrounded the house where we were and swore if the swivels were not 
given up they would abide by no articles, on which the gentlemen of the 
opposite party declared upon their honor that if we would suffer it to be 
so inserted in the agreement they would return them, which they have 
done and I have this day sent them to Fort Charlotte. 

I am sorry to acquaint your Honor that some small difference arose 
between Major Mayson and me about the command of the militia, but 
flatter myself the service has not suffered thereby. To prevent any bad 
consequences I agreed that if he would come to Camp I would receive 
orders from him for the militia and volunteers, and give them myself 
until a gentleman should arrive who would command us both, but when 
I received your letter with orders from the Congress, I thought myself 
no longer bound by that agreement, especially when he told me he was 
ordered to attend the Congress ; I beg to be understood that I don t 


wish for command, but would willingly be of any service to my country 
that I possibly could. 

I ain obliged in justice to the officers and men on this expedition to 
declare that their behavior greatly exceeded the most sanguine expecta 
tion. They did not during, a siege of near three days, without water, 
either murmur or complain, and cheerfully stood at their posts during 
three nights without any fire, nor was there any symptoms of fear to be 
seen among them. Our loss was very small, owing chiefly to blinds of 
fence rails and straw with some beeves hides, &c., erected in the night 
behind the men who would otherwise have been exposed to the fire of 
the enemy. We had only thirteen men wounded, one of whom is since 
dead, most of the rest very slightly. The loss of the opposite party is 
said to be considerable. 

I have the honor to be, sir, 

your Honor s most obedient, 

and very humble servant, 



[Original MS.] 

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 
morrow. 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 altered 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 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 herewith enclose a copy of, 
together with a letter from Mr. McLaurin, which was sent to-day to 
Col. Thomson. 

Col. Neel and Col. Thomas have not yet joined us. I addressed 
Col. Polk respecting his volunteer minute men and have received no 
answer ; but all our distances are far, and time precious. 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, if they can fortunately join, which I hope may answer 
every purpose. 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 too great apprehension for the event. If 
God is for us, we have nothing to fear. I might tell a thousand hear 
says, but nothing of moment to depend on. I am ready to receive 
any orders, and execute any commands that may redound to the peace 
and tranquility of my country, that I may be favored with in return, 
by the bearer, which please dispatch without loss of time. 
With profound respect, 
I am, sir, 

Your most obedient, humble servant, 


P. S. I mean one thousand militia; expect more soon, &c. 

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 pri 
soners. Lieut. Boykin, who commanded that light detachment of 
rangers, reported that Col. Thomas had stopped about dark to take a 
mouthful and refresh, intending then to drive on while he (Boykin) 
was there. Col. Thomas received a letter, informing him that Maj. 
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 Robinson in his way to town. It would be a great matter to 
get him without his putting himself in your power; a good watch at 
Dorchester, and other proper places may secure him, for, I think, it will 
be his only refuge soon. I just heard from Col. Neal, not above 
twenty-five miles off. Do not let the expenses of this expedition be 
thought of; the state of our country just now require it, great as it 
may be. I am really ashamed of this scrawl, but courtesy is not to be 
expected here, where a man must have the eyes of Argus, and as many 
ears as eyes. I am, with obedience, 

Yours, as before, 

R. B. 



Col. Thomas took Capt. Mayfield and two more, whom Lieut. Boykin 
brought in from him last night. I just received account that Col. Polk 
is on his march, and will soon join us, &c. I fear we shall be put to 
great inconvenience in getting the cannon from Fort Charlotte, should 
we want them, and powder we shall surely want, and perhaps soon, 
though we are too sparing. 


[Original MS.] 

No. of 

Names of the Commanding Officers 
of the several Companies. 

No. of 

No. of 
Serg ts. 

No. of 



George Reed, 
















Beniamin Tutt, 
















Adam C. Jones, 






Matthew Beraud, 











Francis Losran . 






Alexander Noble 






John Anderson, 






James Williams, 






Robert McCreery, 






John Rodders 






Jacob Colson, 






Hugh Middleton, 





Francis Sinaruefield . . . 






James McCall, 






David Hunter, 






John Erwin, 






Robert Anderson 











William Wilson . 






Jos. Hamilton s Artillery,... 




Total, . . 





* It is supposed that Maj. Mayson and his thirty-seven rangers ought to be added 
to this return. 



[Original MS.] 

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 will perceive how dilatory they were, in giving us 
information 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 sum 
moned our officers and held a consultation on the following propositions : 

1st. " Whether according to our orders in the present 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 cessation 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 desired to advance and meet us at some convenient place 
appointed, and a letter dispatched for that purpose. 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 
hundred men, which orders I directed the officers of my militia to dis 
tribute, 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 Orangeburgh 
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 van 
quish 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 otherwise, 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 discourses 
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. 

I have some reason to believe that the late mob has privately mur 
dered people in the woods who had been our associates. I imagine we 
shall march from here to-morrow, to the Forks betwixt Broad and 
Saluda rivers. If any part of this you think will prove of service to 
the country, I beg you would show it to the Congress; such other parts 
of it, beg you would treat as from your friend. 
I am, honored sir, 

Your very humble servant, 


P. S. I believe part of the disaffection among the people at Orange- 
burgh, proceeded part from cowardice, and part from the speeches of 
disappointed gentlemen in our parish. But I hope to have the liberty 
of putting the militia law in force against the defaulters, and that I 
shall see their expectations frustrated. 


[Original MS.] 

CAMP NEAR CONGAREES, Nov. 30, 1775. 

SIR : By Maj. Mayson, just setting out for Charlestown, I take the 
liberty of acknowledging the receipt of your favor of the 25th, by Lieut. 
Charleton, and am extremely happy in the intelligence it contains. 
The additional numbers from Colonels Powel s and Rothmoler s, as well as 
Colonel Bull s, may, I think, be numbers we shall have no occasion for. 


We have now, at least one thousand men, and are still increasing, and 
intend entering the Fork of Broad and Saluda rivers this day. I am 
really at a loss how to proceed, as I do expect they will couch under 
their cessation, which we in Council of War have voted not to affect us. 
Pray, if possible, send some more ammunition, the only thing I have yet 
asked ; money may be wanted, but you will honor our orders. I have 
only to say I think we have little to fear from the opposers of our peace. 
In haste, I have the honor to be, sir, 

your most obedient humble servant, 



[Original MS.] 


Rebellion Roads, S. C., Dec. 7th, 1775. 
To all whom it may concern : 

I do hereby certify, that at the desire of His Excellency Lord Wil 
liam Campbell, I detained the bearer hereof, Mr. Floyd, two nights, on 
board His Majesty s ship Cherokee, under my command, as the circum 
stance of his coming on board with the messenger of the Council of 
Safety, made it highly suspicious that he did not come with any mes 
sage from His Majesty s faithful and loyal subjects in the back part of 
this Province. 



[Original MS.] 


Whereas, on the third day of November last past, Patrick Cunning 
ham, Henry O Neal, Hugh Brown, David Russe, Nathaniel Howard, 
Henry Green, and sundry other persons, did, in Ninety-six District 
raise a dangerous insurrection and commotion, and did, near Mine Creek, 
in said District, feloniously take and carry away a quantity of ammuni- 


tion, the property of the public, and in contempt of public authority, 
and did also, with further aid, and by force of arms, on the nineteenth, 
twentieth, and twenty-first days of said month of November at Ninety- 
Six, in the District aforesaid, attack, besiege, kill and wound a number 
of the good people of this Colony, and in manifest violation of peace and 
good order, and breach of a solemn treaty entered into on the eighteenth 
day of September last, made and concluded between the Honorable 
William Henry Drayton, on the one part, and Col. Thomas Fletchall 
and others, on the other part, thereby becoming guilty of the atrocious 
crimes of robbery, murder, and breach of treaty of peace. To satisfy 
public justice in the just punishment of all which crimes and offences, 
as far as the nature of the same will admit, I am now come into these 
parts, in the name and behalf of the Colonies to demand of the inhabit 
ants, the delivery up of the bodies of all the principal offenders herein, 
together with the said ammunition and full restitution for the ravages 
committed, and also the arms and ammunition of all the aiders and abet 
tors of those robbers, murderers, and disturbers of the peace and good 
order as aforesaid ; and, in case of refusal or neglect, for the space of five 
days, I shall be under a necessity of taking such steps as will be found 
disagreeable, but which I shall certainly put in execution for the public 

Given under my hand this eighth day of December, 1775. 


[From Copy of Original MS.] 

AUGUST 2, 1775. At 6, A. M., set out with Mr. Drayton in a 
chaise from Charleston, arrived at Mr. Henry Middleton s plantation, at 
Goose Creek, in Company with Rev. Mr. Ellington, and reached Mr. 
Thos. Broughton s miles. 

N. B. Met about forty Catawba Indians at the Quarter House on 
their way to town. 

3rd. Set out at six, in the morning, dined at Martin s Tavern, and 
reached Capt. Flud s, thirty miles. The night spent no-ways agreeably, 
owing to the noise of a maniac, occasionally there. 


4th. Finding that matters were not in the best posture in this parish, 

owing to the dissatisfaction of Mr. T g, set out at half-past five 

o clock, to breakfast with him. An opening for service seeming to pre 
sent, we stayed to dine and had such conversation as will probably 
change his opinion ; arrived at Col. T s at half-past seven, in the 
evening ; yesterday we had to exchange a horse, which turns out to be 
a very good one, though poor in flesh, performs well. The Colonel not 
at home, but his absence softened by an agreeable family. I had a sick 
and sleepless night, owing to some green corn eaten at McGr s. 

5th. Set out a little after six, and by the help of Mrs. Thompson s 
good pair of horses passed over sixteen miles of the worst road I almost 
ever saw, owing to the steepness of the hills and gullies made by yester 
day s shower of rain. Dined at Mr. Patrick s, a man of property among 
the Dutch, and afterward rode with him seven miles ; arrived at Col. 

Chesnut s, pay-master, and there found Col. , with sundry officers 

of the Regiment ; among others, was agreeably surprised at finding Dr. 
Charlton, from Philadelphia, a Lieutenant among them. We were soon 
introduced to Messrs. Dunn and Booth, two lawyers, sent from North 
Carolina, prisoners, for having been busy in stirring up the people there 
in opposition to the continent. They appear sensible and plausible 

After making known our errand and powers to the commanding 
officer, we consulted with him and concluded to send the prisoners by a 
detachment to Charleston to the General Committee informing them of 
the time of the Congress in North Carolina ; to disband the rangers for 
a few days to take off the fears of the people. 

6th. Preached in the camp at Col. - , in the evening ; finding- 
some disaffected among the soldiers, Mr. Drayton harangued them and 
was followed by myself ; until all seemed well satisfied, and we returned 
to Mr. Chesnut s, about two miles. About midnight were alarmed by 
an officer from the camp, who, informed us that they had mutinied and 
were determined to go off in the morning. We agreed to let matters 
rest until then. Ordered the companies to come to us. 

7th. Discovered that the mutiny arose from some words dropped by 
some officers concerning their pay and tents. 

We dealt plainly with the corps of officers, and addressed the men at 
the head of the Regiment in such a manner as that they all went away 
happy. Slept badly this night. 

8th. Spent the morning in preparing matters to get the people 
together in different parts of the District. 

Crossed Congaree river and rode five miles to an election for the Con- 


gress, where they refused to proceed unless we should enlighten them. 
We found persons had come a great way to oppose the election. 
Harangued the meeting in turns until every man was convinced, and 
the greatest opposer signed the Association and begged pardon for the 
words he had spoken to the people. Returned and found that Major 
Mason was come. 

N. B. This morning about eleven o clock, gent off Lieut. Dutarque 
with the prisoners to Charleston charged with our dispatches. 

9th. Left here about seven; met a Company of militia and 
harangued them ; they signed the Association and generally promised 
to meet Mr. Drayton in the Fork. After the meeting, I gained over 
in private the most obstinate. 

Mr. Kershaw now came to us. Major James Mason came through 
from Ninety-Six and gave many melancholy accounts. Having agreed 
upon our route, we separated and I rode four miles to Mr. Beard s 
on the banks of the Saluda, a romantic situation -Col. Richardson 
accompanies me. 

10th. Crossed Saluda river early in the morning, and traversed the 
Fork, in that place about four miles wide, and at the ford, called Fur s 
Ford, on Broad River, met our guide. The ford is very shallow at pres 
ent and presents a strange rocky prospect ; crossed at an old Dutchman s, 
who was said to have influence over many ; there met with some disaf 
fected men, who became converts by proper arguments, and to confirm 
them in the opinion that the new bills were good, gave them gold for 
them. Reached Capt. Woodward s of the rangers after sundown, an hon 
est man who informed that his Company had universally signed. Slept 
badly after riding thirty miles. Riding on horseback fatigues me much. 

llth. Preached this day according to appointment at Jackson s 
Creek Meeting House, where we met a pretty large congregation. 
After sermon harangued the people an hour on the state of the country, 
some of the most sensible were the most refractory I had *net with, 
obstinately fixed against the proceedings of the Colony. After much 
pains brought over the chiefs, and from the greatest confusion brought 
all Captain s Company cheerfully to subscribe the Association. 
After a fatiguing but successful day, rode five miles to Mr. Allison s, on 
our way to Rocky Creek; he seems an active and prudent member of 
Congress, as well as a sensible magistrate. 

12th. Detained by shoeing our horses until afternoon. We spent 
our time in writing and sending dispatches. 

Finding that a part of Col. Neal s Regiment laid contiguous to Mr. 
Tims Tavern on Sandy river, we determined upon a meeting next day, 


and sent letters to Captains Martin and Richard Sadler, as also to Mr. 
Simpson all on Fishing Creek, to meet us at the above place and dis 
patched an express to them fifty miles. 

Rode this evening in the rain twelve miles to McDonald s, on Rocky 

13th. Travelled five miles to Rocky Creek Meeting House, and met 
some hundreds of the inhabitants. Preached from Mark 4 and 20 ; and 
after sermon making an apology for the necessity of treating on the sub 
ject of my mission on the Lord s day, harangued at large; was sup 
ported by Col. Richardson. The heat almost melted me ; but had the 
pleasure to see all the people eagerly sign the Association fully con 
vinced of the necessity of it. 

Rode ten miles in the evening through the rain to Captain , if 

we can stand this we need fear nothing ; but the inclemency of the 
skies was not to be compared to the fury of the little inhabitants of the 
bed. After a sleepless and wet night, I was shocked by the blood and 
slaughter of my calicoed shirt and sheets in the morning. 

14th. The morning being rainy we spent the time in laying the 
foundation for a Company of volunteer rangers to serve on horse ; 
wrote a solemn agreement and a recommendation to the District in favor 
of it. Robt. Allison, Esq., undertook to enlist and swear a hundred 
men to be ready at a moment s warning, and to be at the command of 
the Council of. Safety. Enlisted three more volunteer Companies at 
which the Ministerial heroes were much chagrined ; but there was no 
recall. Spent the remains of the day and evening in rallying and desultory 
talk with a collection of the most staunch of Fletchall s friends. The 
pamphlet sent up by the Governor has done much damage here, it is at 
present their Gospel. It seems as though nothing could be done here, 
as they have industriously taught the people that no man from Charles 
ton can speak the truth, and that all the papers are full of lies. Some 
angry discourse between Brown and Dray ton sent us to bed. 

19th. Capt. Polk now came ; we find that he has laid under some 
mistake as to his duty ; he accompanied me and the Rev. Mr. Alexan 
der to a meeting ; found the people just parting j called them together 
and harangued them an hour. One of Fletchall s Captains and many 
of his men seemed convinced, and cry out upon the lies that have been 
told them, and are ready to sign the Association. Rode to Mr. Alex 
ander s, and in the way crossed Talbot s Ferry on Broad river, twenty 
miles above the Fish Dam Ford. Am now but twenty-three miles from 
Tims Tavern, where I saw the four Companies. Have rode to-day 
about twenty-three miles. 


20th. Wrote a letter to Mrs. Tennent, and one upon an important 
subject to the Council of Safety, and setoif at half after eight for King 
creek, to a muster of Capt. Robert McAfee s company, after a hard and 
rough ride of twenty miles, in which crossed King creek at a beautiful 
rocky ford ; found about one hundred people assembled, among whom 
were some of the most obstinate opposers of the Congress. Spoke to 
the people at large on the state of America. They seemed much af 
fected towards the close, but afterwards aided by two gainsaying Baptist 
preachers, they all refused to sign the Association except ten. After 
their refusal which proceeded from the grossest ignorance and prejudice, 
spoke again to their heads, who, upon renewing the charge, seemed 
quite softened, and only asked a little time. They proposed to obtain 
some powder to defend themselves from the Indians who are trouble 
some ; told them it was impossible ; knew they would not use it properly; 
told them as soon as they would associate and let us know it, we would 
try to do something for them. This I hope will have its influence. 
Parted and crossed the end of King s Mountain about dark, and rode 

fifteen miles to Col. Polk on , where we arrived at half after 

eight, having travelled in all thirty-eight miles. This has been a hard 
days work. 

21st. Went five miles to Barsheba meeting house ; found assembled 
a large body of people indeed ; preached from Romans v. 5. After 
wards spoke largely upon the public affairs. The people seemed 
entirely satisfied and signed the Association almost universally. This 

I hope will bring over Col. s regiment, let his intentions be what 

they will. Travelled ten miles, being much fatigued, to Capt. Beer s 
on Bullock creek, lodged there, rested badly, though most kindly en 

22d. Grave Mr. Beers a form of enlistment for volunteer rangers ; 
wrote to Col. Polk in Mecklenburg, and to Charleston. Set out and 
rode thirteen miles, (crossing Broad river at Smith s ford, to a meeting 
house of Mr. Alexander s on Thicketty, where found him preaching to 
a crowd of people assembled to meet me. 

When he had done, I mounted the pulpit and spoke near two hours. 
There were present many of the most heated of Maj. Robinson s 
friends, his wife and others, two captains viz : Steen and Colman. 

The people seemed convinced, and after writing an Association from 
memory, refreshed myself, and drank out of a cow bell, they signed 
the Association and retired, seeming contented. Capt. Steen invited 
me home ; find he is entirely taken off from a most horrid scheme carry 
ing on here. 


23rd. In conversation with Capt. Steen, he seems fully convinced 
and ready to sign the Association ; after affectionate assurances, parted 
and rode three miles to Goudelock s where met with Messrs. Nuckels and 
Adderson; after some conversation rode to Capt. Colman s, found him 
halting with what he had heard yesterday ; took pains and convinced 
him of the ruin of the Boston charter, and left him in a fair way. 
Went to Capt. Plumer s for lodging ; found him a strong friend of Col. 

, honest and open ; reasoned with him, and, before bed time, fully 
convinced him of the justice of our cause, and engaged him to the 
muster to-morrow, seventeen miles. 

24th. Went eighteen miles to the general muster, at Mr. Ford s, on 
Enoree. We found that the captains had dissuaded their people from 
coming, and met only about 270 men. The gang of leaders were there 
all double-armed with pistols. Mr. Drayton began to harangue them, 
and was answered in a most scurrilous manner by Kirkland, when Mr. 

D interrupted him, and a terrible riot seemed on the point of 

happening. This seems to have been preconcerted, but the disgust 
against Kirkland appearing so universal, and people pressing on, the 
matter was quashed. I replied to Kirkland, and went at large into the 
argument ; had a most solemn and impressive discourse for an hour and 
a quarter. Kirkland remained, but the people mostly retired and left 
only a small circle ; he was left by Brown to a smaller still, who read 
the pamphlet and dilated upon it. In the mean time, those who 
remained began to sign the Association, and the greater number 
appeared convinced, even though they did not sign. "Many seemed 
very spirited in the cause of America, but a dark design appears to sit 
upon the brow of the leaders of the party. The boldness with which 
we spoke seems to have damped their spirits, and the people are of 
opinion that the opposition will weaken fast. Mr. Drayton and I having 
been long apart, now agreed upon our route and proceedings, and set 
out to-morrow towards Ninety-Six. 

Parted from Mr. Drayton, who went to visit a fall of water, and, on 
his return, is to meet a large company at a horse race to-morrow, at 
Duncan s creek ; forded Enoree river, and rode twenty miles ; met with 
several hard showers, and directed Mr. John Downes, a magistrate ; 
arrived in the evening at Mr. James Williams s, one of the committee, 
an honest and liberal man, who lives in the midst of Cunningham s 
Company ; was kindly received, and better entertained than I have been 
since I left the Congarees ; met with Rev. James Creswell, minister at 
Ninety-Six and this place, 

25th. Met with the greater part of Robert Cunningham s Company, 


and two of his officers in a large congregation at the meeting house, one 
mile and a half from Mr. Williams s, on Little river. Preached to a 
large and concerned audience. After a short intermission, spoke for two 
hours and a half upon the subject of my mission to the most fixed 
people that I have ever yet seen. This is the centre of the opposition 
in this Regiment. Therefore, finding I had caught the attention of 
the sober and judicious, I spared no pains to convince them, and at the 
close made a solemn proposal to them to send some men (whom they 
could trust) to me at Charleston ; promised them safe conduct, and that 
they should be fully satisfied by all the original papers. 

I conjured them by all that was sacred, that they would not give 
themselves up to be the dupes of ministerial artifice, or the instruments 
of opposition and slavery, and, by God s help, so touched their minds, 
that the greater part of them clustered around me afterwards and 
wanted to hear more ; many seemed much shocked ; some declared them 
selves convinced ; others went away silent ; a few were very angry. 

C s Lieutenant and Ensign seem worthy men, they came home 

with me, and appeared much moved by some papers which were read. 
In short, it would seem that the force of violence is broke here. Ap 
pointed a sermon for Mr. Hart in this place next Tuesday, which I hope 
will fix the matter. Mr. Drayton joined us in the evening, with Major 

26th. This day contented ourselves with going to the Rev. James 
Creswell s, only seven miles. Spent the evening pleasantly with the 
good people ; and young Mr. Taylor from Virginia, who seems so much 
engaged in the cause that he got the promise of a commission, if 
nothing prevents. 

27th. Went eight miles to Ninety-Six, put up at Wm. Mores. In 
our way, crossed Saluda at Mr. Ores well s ferry, and Wilson s creek, 
at Pearson s mill. The fresh was so high, as that we were obliged to 
put the chaise into a flat and cross the mill pond. Had a considerable 
meeting; preached from Neh. ii., 3. 

Mr. Drayton harangued them, and was followed by me. The audi 
ence appeared fully convinced, and as I learned, there remained not 
one who had not subscribed before, that did not subscribe now. Met 
with messengers from Long Cane, who came to solicit us to go thither ; 
agreed with them on meetings, in different parts of the district. Were 
alarmed in the night by a messenger to inform us, that the wife of 
Major James Mason was drowned in crossing Wilson s creek, on her 
return from sermon. 

28th. Major Williamson met us in the morning, and after proper 


agreements parted ] Mr. Drayton for Augusta, Mr. Tennent to cross 
Saluda, in his way to a meeting at Capt. James Lindlay s, in the worse 
part of Fletchall s Regiment. I intended for Patrick Cunningham s, 
but was stopped by the rain ; lodged at Mr. Creswell s. 

29th. Attempted once more to go to Lindlay s, but only reached 
James Polard s, a worthy Virginian lately settled here ; the waters are 
too high to pass, and are rising constantly. 

With great reluctance I am compelled to disappoint a congregation. 
That a day might not be lost, concluded to go to Little river meeting 
house, where Mr. Hart had appointed a sermon. With some difficulty 
got thither, heard a good sermon, concluded with a touch of the times. 
And now think it providential that we came here, as some opposers had 
collected who would have brow-beat Mr. Hart ; took the storm upon 
myself, and did some good. 

Returned to James Williams ; then wrote letters and lodged, having 
rode this day about eighteen miles. 

30th. Mr. Williams was so kind as to offer me his saddle-horse, that 
mine might stay and recruit with him. Left there early in the morning 
and halted at Rev. Mr. Creswell s ; crossed Saluda and rode to dinner 
with Major Terry, having swam our horses at two creeks, with much 
danger at one of them of losing our horses. Conversed plainly with the 
Major, and have reason to think he is firm in the cause of America ; he 
is now become Captain of a volunteer Company. He accompanied me, 
in the afternoon and evening on my way ; was benighted and obliged to 
put up at one Wilson s, having rode thirty-six miles, part in the rain , 
slept upon a broken clay floor all wet, and the wind and damp blowing 
upon me ; passed a bad night. 

31st. Went to a meeting appointed last week on the Long Cane 
Creek in Boonsborough at one of Mr. Harris preaching sheds ; 
preached, and in the midst of sermon had the pleasure to see Mr. Hart 
arrive. After sermon, spoke as usual on the subject of my mission ; 
was seconded by Mr. Harris and Mr. Salvador, to good effect ; 
returned to Mr. Reed s. The congregation was solemn and affected. 
Mr. Calhoun and other gentlemen returned with me, and spent the 
evening on the subjects fit for the times. Passed twelve miles this day } 
slept at Mr. Reed s. 

SEPTEMBER 1st. Finding the necessity of ammunition in this place 
great, and several volunteer Companies formed, engaged Capt. Reed to 
send down ; wrote to the Council of Safety and gave the necessary orders. 
Met with a certain Mr. Ross who had been greatly disaffected ; he con 
fessed he was convinced yesterday, and the greater part of Capt. Smith s 


Company also, who, he believed, would join us ; he proposed an associ 
ation for them on oath, but somewhat different from ours ; a thing I 
could not agree to. I find the people here agreeing fast and ready to 
obey commands. Set off with Mr. Harris for his house ; passed by Mr. 
Bowie s \ crossed Little River. The land here appears extremely fine 
arrived at our quarters at sundown, sixteen miles; found good Mrs. 
Harris down with the ague, as more or less of every family seem to be 
in this quarter. Could not help observing the difference between the 
health of this District and that between Broad and Catawba rivers. 

2d. Studied a sermon in the morning and went five miles to Bull 
Town meeting-house, which is about fifteen miles from the Indian line. 
The assembly was the most crowded that I have seen. Preached extem 
pore with more ease and freedom than common. The people though 
mostly opposers, appeared very affectionate. Finding them willing to 
hear, I gave them a discourse upon the American dispute of near three 
hours ; I think I was more animated and demonstrative than usual. Its 
effect was very visible, the people holding a profound silence for more 
than a minute after I was done. A certain Justice Anderson, who 
formerly was a friend to American freedom, but receiving the magic 
touch from the other side the river, suddenly changed his note, and by 
every artful method has since disaffected his acquaintance. This man 
arose, and, in a smooth plausible way, objected to the Association. I 
answered him with as much clearness as I was able. The people seemed 
satisfied, and many of those who had signed Fletchall s Association now 
subscribed ours. 

This day has, it is hoped, put an end to the strength of discord in this 
Regiment. Returned to Mr. Harris ; took there an affidavit, and 
receiving by express a message from Mr. Drayton, resolved to disappoint 
the meeting to-morrow, and to lodge this night at Patrick Calhoun s, Esq., 
ten miles distant; accompanied him home having this day rode 
eighteen or twenty miles. Wrote dispatches for my horses to meet me 
at Augusta, and had a restless night. 

3d. Started early in the morning, and by half after eight was at Fort 
Charlotte, having missed our way, and rode not less than fifteen miles. 
The rains of last night have made the streams swell greatly. Crossed 
Little river in a most romantic place at Hutchinson s Mills. This 
country affords the greatest number of fine falls for mills of any I have 
ever seen. The soil is rich and the best foundation seems to be laid by 
nature for manufactures that can be conceived. Here is stone sufficient 
for all the purposes of building, and yet the ploughing of the land is not 
much impeded by them. Being very wet when I reached the Fort, had 


a good fire kindled ; washed my feet with rum, and took every precau 
tion to avoid a cold. Surveyed the fortification, magazine, stores, ord 
nance and barracks, and find that this place though much out of repair, 
is still capable of a good defence. It is a large square with good bas 
tions at each corner, so constructed as to be able to work sixteen cannon. 
The wall is of stone, about ten feet in height, with loop holes, to fight 
musketry. The platforms have not been made as yet, but are soon to 
be finished. The barracks are able to lodge two hundred men, and the 
officer s building, the armory and its offices are not despicable. It has 
a good well within it, and its gate is of strong plank. In short, I con 
sider this post as very commanding, and of the last importance in the 
present cause. Grave orders, therefore, for completing its repair, 
mounting the guns, disposing of the ammunition, &c. &c. Sent for 
Capt. Whitfield, and consulted him about cutting away his corn. 
Ordered the horses to be sent out of the way of danger. Reviewed the 
soldiers and the militia; discoursed with them on the goodness of their 
cause ; after proper exortations, which they seemed to take very kindly ; 
prayed with them, and took my leave accompanied by Lieutenant Cawan 
to his house, eight miles on the same side of the river. Anxiety of 
mind on account of the madness of the opponents of liberty robbed me 
of sleep until break of day. 

4th. Arose with the early dawn, took a guide and crossed Savannah 
river, at Cawan s ferry ; the river swelling much by the rains ; was on 
the Georgia side before sun rise ; rode hard, and crossed a wood, to 
avoid a place where an ambuscade was suspected; passed Little river 
with great difficulty, my guide falling with his horse into the rapid 
current, lost his saddle, and was in some danger. Fording the rivers, 
and some showers, wet me exceedingly, which, with an empty stomach, 
made me feel badly before we reached the inn. It was near eleven 
o clock before we broke our fast. Met with one of the King s men, as 
they are absurdly called, from whom I learned, that they expected a 
meeting on Wednesday of all their comrades on the banks of the Savan 
nah, about twenty miles above Augusta, from which, and sundry 
circumstances, it appears that they mean some stroke. Arrived at Mr. 
Rug s at Augusta at half an hour sun, having rode forty-seven, miles 
some say fifty-five ; left the horses there, and crossed the river to Capt. 
Hammond s; found his house forted in, and a large body of militia 
there, ready to move with Mr. Dray ton. This is one of the most lofty 
and fine situations I have seen since I came to this Colony. The river 
lies beneath him, and a sounding fall before his door. Navigation is 
clear to this place, and with one thousand pounds sterling, I would 


undertake to clear it near one hundred miles farther up. Consulted 
with Mr. Drayton and found that on a discovery of the intention of 
Kirkland and the others to embody on Wednesday and go upon some 
enterprise, he had ordered the Regiment of horse to march, and the 
militia, in all to the amount of one thousand effective men. We 
agreed upon the necessary movements, and I consented to make the 
best of my way to Charles Town, to lay a state of the whole matter 
before the Council of Safety. 

The two hundred men that are now here are the quota that Georgia 
sends under our commanding officer ; slept at Hammond s. 

5th. My chaise and horses not yet come from Ninety-Six ; begin to 
fear some accident; spent the day with Mr. Drayton, at Mr. Ham 
mond s; crossed in the evening to Augusta, to the house of Mrs. 
Barnet, the relict of Col. Barnet, deceased ; was genteely received and 
treated by Mr. Goodion ; distance from Mr. Hammond s about four 

6th. Wrote letters, and rode to Mr. John Walton s to dine, on the 
way the horse taking fright, ran away with Mr. George Walton and 
myself, but Providence so ordered, that the road being fine, after we 
had been carried with the greatest rapidity and danger near a mile and 
a half, the horse was stopped. 

After dinner, as we were about to return to Augusta, another horse 
being in the chair, we had not proceeded forty steps before he took 
fright also, and ran off with great violence. The rein breaking, we 
could not direct him, and the wheel soon taking a log, were thrown 
out, and the chair was torn in pieces. Through God s goodness, I 
received only a small hurt on my hip, Mr. Walton was so bruised, that 
I thought it best to bleed him and put him to bed. I then accepted 
of a solo chair and went to Augusta; rode this day eighteen miles 
only. My chaise not yet come, makes me conclude that some miscar 
riage has happened, and find it necessary to send an express to 

This evening our little detachment of about two hundred men 
marched about eight miles to Fox s creek, having news that Major Wil 
liamson was on his way to Ninety-Six, and Col. Thomson in full march 
with the rangers and militia to join them. 

7th. Wrote letters and dispatched a negro man with the horses for 
Mr. Williams, on the north of Saluda, with orders for my chaise and 
horses. Went ten miles to New Savannah, where I had appointed a 
meeting of inhabitants, in hopes to draw an audience out of Augusta, 
from Mr. Galphin s settlement, and Beech Island ; but the most of the 


men having marched with Mr. Drayton, and Mr. Galphin being from 
home, 1 had but few. To these few I thought it worth while to speak 
largely, as there were three non-associators among them. Dined and 
returned to Augusta ; in all twenty miles. 

Was alarmed by intelligence that two of Mr. Dray ton s men had 
been killed after a short march. Sent to inquire into the report, 
and could not find the certainty. Another report eame into town, 
that Kirkland, with a large party, was about twenty-five miles up the 
river at a ford, and intended to take advantage of the absence of the 
men to attack this place. Determining to make one in the defence 
of the town, went with speed to Wilson s Fort. They were greatly 
alarmed at our coming and received us with guns all prepared. After 
finding their mistake we were admitted, and had not been there ten 
minutes, before another rapping at the gate again alarmed the fortifica 
tion. But in a minute was agreeably surprised to find it was Mr. Tay 
lor from Saluda, who not being able to obtain any safe hand to bring 
my carriage, had travelled at least forty-eight miles to bring it to me, 
although he expected to be ambuscaded. He accordingly saw and con 
versed with some men who seemed to be placed for that purpose, but 
they let him pass after calling him sundry times by my name. I find 
this young gentleman possessed of much cool bravery and manly sense. 
He had missed the army on his way by going the lower road. By a 
letter with him and by word of mouth I received the joyful news of 
General Gages defeat, and of the recovery of Boston from the hands of 
the British pirates. The discourse he had with Cunningham confirms 
me in the belief of the extent of Lord William s conspiracy. After 
arranging matters, and agreeing upon a signal, returned to Mrs. 
Barnet s fort, and found they had loaded thirteen muskets for service, 
and were preparing to repel an attack. Thank God I slept safely and 
soundly. Every valuable house in Augusta is surrounded by a strong 
wooden fortification, formed of three inch plank, in deep grooves of 
upright posts, not less than ten or twelve feet high. These forts are 
differently constructed .; some have large strong pentagonal flankers at 
each corner, in which from twenty to forty men each may fight. The 
flankers have two stories, and on the upper floor are mounted a number 
of three-pounders. Others have demi-flankers projected from the 
middle of each side to answer the same purpose. These buildings serve, 
in times of peace, for chair-houses and other offices, but, in war, render 
the inhabitants secure in the midst of savages. 

8th. Contented myself with riding only nine miles on my way to 
Charleston, was accompanied by Mr. George Walton and Mr. Taylor. 


On our way met an express from Savannah, who brought letters to Mr. 
Walton from the Council of Safety, which I wish I never had seen. 

9th. Set out about 8 o clock, after many civilities from Mr. John 
Walton, whose plantation is, I think, the finest I ever saw in the article 
of soil. Crossed Briar creek in a flat, where it is not more than thirty- 
five yards wide. This shows the want of public spirit in this Colony. 
Five men would build a bridge over this stream in a fortnight. The 
court house on this road is laughable. It is a building of about 
twenty-five by sixteen feet, a pen of logs covered with clapboards ; before 
it towers an oaken liberty pole with a tattered flag at its head. 

After riding twenty-seven miles, put up at Lambert s tavern. This 
man had tried an experiment lately on three of his wagon horses ; it 
succeeded so well that the buzzards are hard at business. Had it hap 
pened one month sooner, or had he had the wit to know before hand, 
that three dead horses are capable of perfuming the air at more than 
an hundred yards distance, I should not have had the amusement I 
am like to have all this night, but every man is not an Apollo. I find it 
better to laugh, than to be always snarling at the weakness of mankind. 

I must not forget that this day, finding myself sleepy on the road, 
I took the liberty to stop my horses in the King s high way, and to 
take a nap in the carriage. I hope his Majesty will not be persuaded 
to get an Act of Parliament passed to constitute this treason. 


10th. Having no opportunity for the worship of God in a country 
destitute of the least form of religion, and no time to warn a meeting, 
and, indeed, not being happy where I was, I concluded it best to spend 
the day on the road. Dined at one Nichols tavern, where, to a very 
bad dinner, was added the oaths and execrations of as detestable a 
crew as horse thieves in general are. Was glad to get away, and 
pushed hard to get to a Mr. Hudson s, about forty-two miles; with 
difficulty reached it, as my horses begin to weaken much. Found his 
house on a high bluff of Savannah river, forted in by palisades. On 
one side you have a rough and agreeable view of the river, and the 
lands of South Carolina ; on the other you have a broken prospect of 
woods and fields. The building is tolerably good, and the people kind. 
Here wrote letters to the Council of Safety in Savannah, giving them 
the most interesting intelligence. 

llth. Set out early for the Ferry at the two sisters; reached Tritch- 
land s between nine and ten o clock; he advised me that the waters 
were high but that I might pass; I since found that his intention was 
to convince me by finding it impossible, that even in so low a fresh Mr. 
Williamson s Ferry was not good. He succeded in the unkind experi- 


ment ; for in addition to much difficulty, I had nearly drowned my best 
horse, and was glad to return to the house. He now kindly offered to 
set me over gratis. I accepted it and undertook, as there was no other 
hand, to steer the Flat up against the stream ; but in my life I never 
endured more burning heat of the sun; I stripped to my shirt and labored 
hard for four hours to gain but one mile. Grot to the ferry house much 
spent, and after a little refreshment threw myself on a bed and slept ; 
awoke in a sweat much relieved by it. My friends would have smiled 
to see my repast and the figure I cut in eating it ; fried pork and milk 
was a dish to which necessity gave a high relish. It was in the night 
before I reached the widow Allison s. It is an easy matter to write 
novels, if a man travels and describes nothing more than the truth. The 
world is full of vanity, and you meet with such comical animals upon 
the face of it, that to paint well is sufficient to interest a reader. At 
the tavern found a recruiting sergeant and some newly enlisted soldiers. 
But hold I have other business to do, than to write every thing I 
see and hear. I slept well, thank God, and got once more into my 
carriage on the morning. 

12th. But, to my unspeakable mortification, perceived that my two 
best horses were foundered, by getting into the corn field last night. 
Hobbled along with the greatest difficulty to Coosaw bridge. Was 
informed by Mr. DeSaussure, that there was to be a meeting of the 
officers of Beaufort Regiment at Vanbibber s tavern, where I might be 
furnished with horses. Concluded to stay and dine with them. In the 
mean time met with the unfortunate Dr. David Gould, whose narrative 
was truly affecting. Was very politely treated by Col. Bull and others; 
horses were found me at the first word. After much conversation on 
interesting matters, rode to my plantation. This day s jaunt was only 
twenty miles. 

13th. Found matters in good order at the plantation ; but my horses 
so poor as not to permit my taking one of them with me. Gave the 
necessary orders in my own affairs, and rode in the evening to Dr. 
Budd s, eight miles. 

Found there Mr. DeSaussure and Dr. Gould, by whom I was 
informed of the unmanly manner in which a certain Doctor had ordered 
the horse he had lent me out of my chaise. 

Mr. Hamilton s coming, relieved me from my difficulty by promising 
me horses in the morning. 

14th. My horses were so entirely weakened that with difficulty they 
dragged me to Arthur Middleton s plantation where fresh horses met me. 
With only one small disaster, reached Mr. James Skirving s to dine. 


He politely offered me horses to town, and with a pair of them got to 
Mr. Jo. Bee s in the evening ; rode about thirty miles. 

15th. Set out in the rain and rode this day through the greatest 
quantity of water I remember ever to have seen. Met with some small 
difficulties but had them all compensated by the joy of my dear family 
and friends on my safe arrivaL 


[Original MS.] 

CHARLES TOWN, December 12th, 1775, 
In the Council of Safety. 

The memorial of Messrs. Samuel and Benjamin Legare, of Charles 
Town, merchants, and affidavit therein referred to, being taken into 

Resolved, That it is the opinion of this Council, that Messrs. Samuel 
and Benjamin Legare, may justly seize, and take into their possession, 
and cause to be sold at public auction, after ten days notice, any effects 
of Lord William Campbell, in Charles Town, and out of the said sale 
to reimburse themselves to the amount of one hundred and sixty half- 
Johannes s, set forth in their memorial to be unjustly detained j and 
also a sufficient sum to defray the expenses attending the said sale, and 
incidental charges, returning the overplus, if any there shall be, to the 
said Lord William Campbell, or to his representative in Charles Town. 
And, that the said Samuel and Benjamin Legare should, previous to 
this sale, give the Lord William Campbell due notice of this resolution, 
to the end that his lordship may, by a restitution of their property, 
prevent the said sale if he shall think proper. 

A true copy from the minutes. 

PETER TIMOTHY, Secretary. 


[Original MS.-] 

SIR : In the evening of yesterday, the honor of your commands 
from the Council of Safety, came to hand by the Express, which has 
given me infinite satisfaction, the rather as they convey the lenitive 


measures, which I have been happy at the distance of two hundred 
miles to adopt. The eighth instant I wrote and made public a kind of 
declaration, of which I herewith inclose a copy, which I hope may in 
some measure meet with your approbation, upon which they have come 
in, many of them, and delivered up their arms, all of whom, where they 
have not been capital offenders, I dismiss with soft words and cheerful 
countenances, and admonish them to use their interest with their friends 
and neighbors, which seems to have a good effect. Our army which is 
now formidable strikes terror, and the opposite party have hitherto fled 
before us, keeping fifteen or twenty miles distant. We often are told 
they will give battle, but yet have not attempted it, and do hope we 
shall by the measures pursuing so weaken their party that most 
will abandon them, and they will not be able to make head with any 
great body, and the salutary measures prove the best conquest Should 
their behavior be otherwise we shall deal with them accordingly. We 
have several prisoners, amongst whom are Col. Fletchall, Capt. Richard 
Pearis, Capt. Shuburg, and several others of the first magnitude. By 
the capture of Col. Fletchall (who was hid in a cave, and taken by Col. 
Thomson and rangers, and the volunteer companies who were sent out 
on that and some other service) papers have fallen into my hands which 
the Council of Safety will be glad to see, but which I cannot venture to 
send by this conveyance; but shall transmit by the officer of the 
guard, with the prisoners, which I intend to dispatch to-morrow. 
Our army is about three thousand of different corps, viz : my own 
regiment, Col. Thomson s, and volunteer light horse. Col. Thomas, 
Col. Neel, Col. Polk and Lieut. Col. Martin of the North Carolina 
regiment, upon the continental establishment, who voluntarily stepped 
out on this occasion, as did Col. Thos. Polk, and say if you have 
occasion for their services, they are ready to go to Charlestown when 
called upon. I conceive when we are all in conjunction we shall muster 
between four and five thousand men and hope we may be at liberty 
to afford you any aid you may have occasion for. It will take time 
to settle this disturbed part in peace, which is now quite disjointed. 
When I write you again, which shall be as often as distance and circum 
stances will admit, the omission of which for the time past craves your 
indulgence as I have been marching from place to place, &c., and wait 
ing the return of express, has occasioned that remissness. Draughts on 
Congress and new Council of Safety have been received for larger sums, 
which we have been obliged to draw, paying the lesser sums and hus 
banding it in the best manner to keep our credit good. If a small sup 
ply could come safe, it would be acceptable, but just now I don t think 


of a proper channel. The article power is well considered, and I shall 
know where to send if we want the additional numbers, I have made 
each portion small but possibly may do. This minute, while I am 
writing, Capts. Plumer and Smith with thirty men surrender themselves 
and arms. All as yet goes on well, and hope, by Divine assistance, the 
Company may answer every good intention (if the inclemency of the sea 
son does not impede us), as our troops are illy provided, but well fed. 
The more minute circumstances you will suffer me to omit. 
And believe me to be the servant of my country, 

and the honor of being, sir, 
your obedient humble servant, 



[Original MS.] 

CAMP LIBERTY HILL, Dec. 16th, 1775. 

SIR : 1 herewith send you the persons of Col. Thos. Fletchall, Capt. 
Richard Pearis, Capt. Jacob Fry, Capt. Greorge Shuburg, John Me Wil 
liams, Philip Wells, James Davis, Capt. McDavid, alias McDade, 
and Joseph Alexander. These being all adjudged by the officers and 
people here to be offenders of such a nature that from the active part 
they have taken, it would be dangerous for me (however innocent 
they may appear before you) to let either of them go ; they are under 
guard of my son, who, from his camp dishabille, will appear before you. 
I have nothing particular since my last. These unhappy people are in a 
great panic, still flying before us, and it is told that young Pearis and 
others have gone to bring the Indians down, in person ; if it should be 
the case, it could not be in a better time, and if any such intentions, 
should be glad the whole would come while we are here. I shall use 
every measure in my power that appears to be salutary, but some things 
distress me much that I want advice upon, and for which I shall 
write you by express which may be down before this. Had I no fears 
for Charles Town, we could command every thing here. Though Cun 
ningham, Robertson, and others, of the first class are fled, they may 
yet come in our way ; should they, you will soon be acquainted with it* 
I have the honor to be, sir, 

Your most obedient, humble servant, 


P. S. Excuse paper, it being now very scarce. 


[Original MS.] 


Branch of Reedy River, Dec. 22d, 1775. 

SIR : When I wrote last, by niy son, with prisoners, I thought to 
let you hear from us before now, but constant marching, and multi 
plicity of cares and business have prevented, and the more so, as I had 
not such things as I could wish to acquaint you with ; but now, as we 
have got to the very extremity of the roads north-westward, take the 
liberty to inform you, that on Saturday last, the 16th instant, we were 
joined by Col. Rutherford, of Rowan, and Col. Graham, of Tryon coun 
ties, in North Carolina, with about five hundred men, who, unmasked, 
stepped forth, hearing of the commotions in this Province, to give their 
aid in the common cause. Col. Martin and Col. Polk I informed you of 
before, and on Wednesday, the 20th inst., I was joined by Maj. Andrew 
Williamson, Capt. Hammond, and a small party of Col. Bull s regiment, 
amounting in the whole to about eight hundred, so that our army is 
now formidable, between four and five thousand a number most de 
sirable to view though we have had no occasion for more than my own 
regiment to have done the business. Notwithstanding, the number has 
a good effect, strikes terror, and shows what can be done on occasion 
and, upon the whole, it may prove a happy event we have been suc 
cessful in disarming most of this unhappy people ; they are coming in 
with fear and trembling, giving up their arms, with a sensible contrition 
for the errors they have been guilty of. The spirit of discord being 
much abated, the most of the Captains have come in, and good part of 
the companies under them. I use every method in my power for the 
honor of the Colonies, and the salutary and peaceable establishment 
of tranquility in these distracted parts. There is still a camp which we 
cannot yet come up with, consisting of the principal aggressors, which 
were, by best information, camped on the Cherokee land. I detached 
yesterday about thirteen hundred horse and foot, about an equal number, 
under the command of Cols. Thomson, Martin, Rutherford, Neel, Polk, 
Lyles, Major Williamson, and others, commanding all volunteers, which, 
I flatter myself, will render us a good account, as I don t expect them 
in till to-morrow, or perhaps some days hence. We made use of wagon 
horses, and all we could muster on this service. They have had expec 
tations of the Indians joining them, but by a letter from Mr. Wilkinson 


to Major Williamson, they will be disappointed in that, as he says all 
are peaceable there, and the Indians well satisfied, and say the Saluda 
people are devils, &c.j the letter is dated the 17th December, 1775, &c. 
We have at times got small parts of the ammunition they got, and 
delivered with their arms ; and yesterday two barrels, say fifty pounds, 
and have a slight information of some more. I shall, while I stay, do 
every thing I can for the good of my country, but the winter is 
advanced, the men, from their precipitate collecting and marching, illy 
provided, no tents, shoes wore out, and badly clothed, make it very 
difficult to keep them here. If they should break off abruptly, it might 
have a very bad effect ; and as all the different corps, from like circum 
stances, are in the same situation, I shall, therefore, crave your permis 
sion to discharge the North Carolinians, to make their Way from hence 
through the upper parts by the Indian line to their own colony, which 
will scour that part, and Cols. Neel and Thomson through a middle 
direction to their different quarters; Maj. Williamson s may be best 
concerted. Had I forces to garrison a fort, it might be proper to estab 
lish one, but the militia will not be prevailed on, I doubt, to stay, but 
hope, upon the whole, the spirit of discord will so far subside, that they 
will hardly raise any more commotions, and the rather, as the plans I 
have said. If our present expedition should fail that is now detached, 
we shall yet have these principals, as money will often accomplish what 
force cannot. We have many prisoners, yet think we shall not trouble 
you with many of them, as they are not of the first class, but make the 
best use of them we can after hearing harmony prevails amongst the 
officers of every different corps, and I could wish you had an opportunity 
of reviewing the whole. By the time I receive your answer in return, 
I conceive there will be very little left in the compass of my power. 
You may rely upon my best endeavors in the interim, and shall then 
hope for your permission to retire to my rest, and in their different 
districts to dismiss my own, and other regiments. After curbing this 
same spirit, which prevailed greatly on the north of Wateree river and 
Lynche s creek, and parts high up in that quarter, as we are fully 
informed since out, was it possible to keep the troops, I would quell or 
keep in awe, or win by fair means all parts of this Province \ but must 
stop, when I think it well with us, least it should be worse. A represen 
tation of this, you will please to make to the Council of Safety, and 
guess at what I don t say. 

I have the honor to be, 

With esteem, sir, 

Your most obedient humble servant, 



P. S. This minute since, or while I was writing my name, a messen 
ger from Col. Thomson and the detachments arrived with the agreeable 
account, that they had surprised and taken the camp of Cunningham, 
&c., and taken the greatest part prisoners, with all their ammunition, 
guns, wagons, and utensils. P. Cunningham had escaped, and some 
principals, but the most are taken, &c. I hasten the messenger express, 
to you, and desire you will send him back as quick as possible, with a 
state of affairs in Charles Town, and such orders as you may think 

I am, as before, 

Your most obedient, 

R. R. 


[Copy from the Original.] 

December 28th, 1775. 

The Captains and Commanders of Companies and detachments 
are desired to put their men under stoppages in order to purchase 
their knapsacks ; every detachment they are sent upon proves how 
much they are wanted. They are likewise desired to put their men 
under stoppages to procure them their full complement of neces 
saries. The very ample pay the Colony allows was never intended 
to be dissipated in drunkenness and rioting, as it too often most shame 
fully is, but was granted with a view to enable the men to procure such 
conveniences as were proper for their comfortable subsistence while in 
its service, and if they were frugal, to enable them to carry home some 
thing handsome after the service was over. 

The Quarter-Master is to examine all the chimneys in the houses 
where the officers and men are quartered, and see that they are properly 
swept. He will likewise take care that the wagoners bring in a suffi 
cient quantity of firewood, both to quarters and camp. The burning of 
fence rails is absolutely forbid, and those who shall be guilty of this 
practice may depend on being punished. The Major hopes that the sen 
tence of the Court Martial respecting Cheshire for killing a fowl belong 
ing to one of the neighbors will be sufficient to deter all others from 
offending in like manner. The soldiers should look upon themselves as 


the guardians of the property of the inhabitants of this Colony, and 
should deem it an infamous breach of the trust reposed in them to de 
stroy, or take away what they are bound to protect. The disgraceful 
punishment to be this day inflicted on Elmey for meanly skulking from 
his duty when ordered on this detachment, will convince the soldiers 
that the officers are determined to set a mark on every scoundrel who 
shall discover any backwardness in going upon any expedition on which 
he may be ordered. In this glorious contest, in which we are engaged 
for every thing that is dear to man, it is astonishing that there could be 
found a wretch so dastardly as to abscond when his fellow-soldiers were 
going upon a detachment which possibly might have been dangerous. 
Notwithstanding this shameful conduct of Elmey s, it is with the greatest 
satisfaction that the Major takes this opportunity to declare that he 
is highly pleased with the diligence and behavior of the men in general, 
since they have been on this detachment, and he begs leave to assure 
them that the continuance of such conduct will highly endear them to 
the Council of Safety and people of this Colony, and procure them the 
most glorious of all characters that of being esteemed good soldiers. 
Captains Scott and Saunders are to go to town early to-morrow morning 
to attend the General Court Martial as members ; Captain Pinckney is to 
attend it as Judge Advocate, and the Quarter-Master as an evidence. 

Capt. Cattell, Captain of the day ; Lieut. Vanderhorst, officer of the 
quarter guard to-morrow. 

December 29th. 

Any soldier who shall bring any rum into camp shall be punished ; 
so shall that soldier be who shall purchase rum either in or out of 
camp, while on this detachment. Every soldier who shall absent him 
self from his hut or quarters after retreat beating in the evening, 
shall also be punished. 

Notwithstanding the repeated injunctions against the purchasing of 
rum and spirituous liquors which have been given, three soldiers had 
the effrontery last night to go to the Still House, and there procure a 
considerable quantity of that liquor, but being detected, they had the 
dishonesty to steal Mr. Scott s canoe and take it away. The Major has, 
however, taken such measures that it will be impossible for them to 
escape. When a soldier once shows so great a contempt of discipline as 
to break through the orders that are issued, he is easily led on to com 
mit the greatest offences. Theft has been the consequence of the insa 
tiable desire of those three soldiers after that pernicious forbidden liquor, 
and when such an ill use is made of the indulgence of the Colony in 


allowing rum to those who have been upon fatigue, there is little 
encouragement to continue it. But the Major will not punish the 
innocent on account of the guilty ; at the same time he positively de 
clares that no soldier shall infringe the orders relating to rum, need ex 
pect any favor or hope for any pardon from him. 

Lieut. Mouett, officer of the quarter guard to-day, vice, Lieut. Van- 
derhorst, sick. 


[Original MS.] 

To the Honorable William Henry Drayton : 

DEAR SIR : Mr. Will delivered me your letter and I have told him 
he may call on me for either money or any assistance in my power to 
give him on the present occasion. He tells me he has met with some 
success already. Spencer, a Lieutenant in the Artillery, has recruited 
a number of men, among whom are several sailors, I dare say fifteen or 
sixteen. I suppose other men in their room would answer his purpose. 
I just give you the hint. 

I am, sir, wishing you many and happy returns of the day, 

Your most obedient servant, 


[Original MS.] 

CONGAREES, Jan. 2, 1776. 

SIR : In my last I informed you of the detachments I had sent out, 
and in a postscript, of my intelligence of success. Our people sur 
rounded their camp by daylight in the morning after a long march of 
near twenty-five miles, and lying on their arms till day, they then attacked 
and took about one hundred and thirty prisoners, with baggage, arms, 
ammunition, &c., which completed the conquest of that .flying party 
which had till then kept out of reach. They were encamped at a con 
venient place called the Brake of Canes on the Cherokee land j Patrick 


Cunningham escaped on a horse bare backed (and they say without 
breeches) telling every man to shift for himself. None of our men were 
killed or wounded, except the son of Col. T. Polk, a fine youth, was shot 
through the shoulder, and was in great danger. Some five or six of the 
other party, I am told, were killed ; happily the men were restrained or 
every man had died. The next day they returned to camp, the snow 
set in, and continued for thirty hours without intermission, which, with 
the hardship and fatigue the men had suffered before made them very 
uneasy, and seeing no more could be done they grew so uneasy it was 
out of my power to keep the troops together any longer. I, therefore, on 
Christmas-day dismissed the North Carolina troops, viz : Col. Ruther 
ford, Col. Graham, Col. Martin and Col. Polk to all of whom, in behalf 
of my country, I returned my cordial and hearty thanks, &c. ; the same 
day, Colonels Neel and Thomas, and Major Williamson with proper 
orders to pursue such measures in their different marches, as I was con 
vinced would be necessary for the public service. I then as I found the 
service pretty well done and no possibility of detaining the men longer, 
the snow then lying on the earth in the smoothest places at least fifteen 
inches deep (most say two feet) I marched in the best manner we could 
downward. Eight days we never set foot on the earth or had a place to 
lie down, till we had spaded or grabbled away the snow, from which 
circumstance, many are frost bitten, some very badly ; and on the third 
day a heavy cold rain fell, together with sleet ; and melted the snow 
and filled every creek and river with a deluge of water ; but with all 
these difficulties we reached this place yesterday with the prisoners, 
whom we have used in the best manner we could about ten Captains 
and a hundred and twenty of the most mischievous men (some of whom 
will make good soldiers) ; all the powder ; Ninety-six and New Camp 
men. We retook seven kegs of gun-powder, six of which I delivered to 
Maj. Williamson to be sent to Mr. Wilkinson for the Cherokees; many 
arms have been delivered up, and I caused the men to sign an instru 
ment of writing, which they did willingly with fear and trembling, by 
which they forfeit their estates, real and personal, if they ever take up 
arms against, or disquiet the peace and tranquility of the good peo 
ple of this colony again, and to assist them if they are ever called upon. 
The arms taken by Maj. Williamson and those from that quarter I 
ordered to be stored at Fort Charlotte, which he (the Major) is to see 
done. Those taken by the upper regiments are to be sent down, and 
many lodged in the hands of the Committees to be sent to Mr. Chesnut s 
Store at the Congarees, and about two hundred stand I have ordered to 
Camden, c, I have drawn orders in amount, three thousand six hun- 


dred dollars, (29, 6, 11,) a list of which I transmit inclosed, which I 
beg you will please to honor. The prisoners I send in a boat from this 
place to Wilson s Ferry, under the command and guard of Capt. Thomas 
Smnter, who on this expedition I constituted Adjutant-General, who 
has behaved very well and has been to me and the cause, of extra service ; 
from thence Col. Thomson with the Rangers and others under him will 
guard them to Charleston, who, with Major Mayson and officers under 
them have been obliging in behavior and alert in service, and must 
recommend them to your particular notice ; and I must say through the 
whole I have been extremely happy in the mutual harmony which has 
subsisted. Maj. Joseph Kershaw, whom I constituted Major of the 
Brigades, has been more than commonly serviceable, as he has been 
Major, Commissary-General, Treasurer, and every thing to help the 
service ; and thus, sir, I have been obliged to end this campaign before 
I received orders, as the last Express (Newton) is not yet returned, and 
am happy when I say and think it has answered every desire, wish or 
expectation. The people are now more convinced than ever of their 
being wrong. The lenitive measures have had a good effect ; the spirit 
and power is gone from them and I am sure (if not interrupted by 
designing men on our side) that country, which I had it in my power 
to lay waste (and which the people expected), will be happy, and peace 
and tranquility take place of ruin and discord a wished for event. On 
the reverse, had I burnt, plundered and destroyed and laid waste, seizing 
on private property, then thousands of women and children must have 
been left to perish a thought shocking to humanity. I am informed 
Maj. Williamson has sent an immediate detail of occurrences from 
Raborn s Creek of the 23rd or 24th ult. to the Council of Safety which 
I must ask pardon for not doing sooner, as I then was and till within 
two hours have been too much incumbered to do. I think if that gen 
tleman wrote to the Council of Safety while under my wing, which was 
only just at that juncture (two days) he might have let me know it, 
but hope he has not omitted his own merit, which I should always take 
care to give him. I shall refer you to Col. Thomson and Maj. Mayson 
for further particulars, as I am still broke in upon every line. You 
will, therefore, please to present my duty and service to the Council of 
Safety (or Provincial Congress, for I am at a loss when they meet). I 
shall lay my imperfect journals before them, whenever they are pleased 
to call on me, or at some other time. Till when, give me leave, of hav 
ing the honor, to be, sir, 

Your most obedient humble servt., 




[Original MS.] 

The Honorable the Council of Safety. 

CONGAREES, January 2d, 1776. 

GENTLEMEN : By Col. Thomson of the rangers, you will receive, if 
nothing happens, the prisoners, we thought proper to detain, which, 
upon examination, find were the most leading and active, in taking the 
powder at Ninety-Six, and the late camp. They were long out before 
taken, and have been some time since in durance, from which circum 
stances they of course will make but a despicable appearance, adding 
also, that the spirit of humility and contrition takes place of the oppo 
site character. I shall say but little now, as I wrote so fully yesterday 
by express. I am at a loss to know how to recommend my brother 
Colonel, will only say his behaviour has been as becomes him, and de 
serves your notice. My hurry in getting off the people provisions, &c,, 
obliges me to desist, and only add that 
I am, gentlemen, 

Your most obedient humble servant, 



[Original MS.] 

1. Col. Fletchall. 

2. John Mayfield, Ninety-Six, Militia Captain. 

3. Benj. Wofford, Militia Captain. 

4. R d. Pearis, Scopholite Captain, Ninety-Six. 

5. Math. Floyd, Ninety-Six, Militia Captain. 

6. Dav. George, Militia Captain. 

7. Pat. McDade. 

8. Wm. Hunt, Scopholite Captain, Ninety-Six, Mulatto. 

9. Geo. Zuber, Ninety-Six, Militia Captain, said to murder a prisoner. 

10. Jacob Fry, Scopholite Captain, Ninety-Six. 

11. Capt. Jones, Scopholite Captain, Ninety-Six, Cane Brake, Colored, 

Powder Man. 

12. Capt. Pearis, Scopholite Adjutant, Ninety-Six, Cane Brake. 


13. Capt. Bowman, Ninety-Six, Cane Brake, Powder Man, Militia 


14. Capt. Harvey, Ninety-Six, Cane Brake, Powder Man, Militia 


15. Capt. Clery, Scopholite Captain, Ninety-Six. 

16. Capt. Lindley, Ninety-Six, Cane Brake, Militia Captain. 

17. Capt York, Ninety-Six, Cane Brake, Powder Man, Militia Captain, 

Press Master General, deemed a bad man by both parties, to 
be delivered by Maj. Williamson. 

18. D d. Cunningham, deemed a bad man by both parties, to be de 

livered by Maj. Williamson. 

19. Geo. Nealey, Commissary General, Ninety-Six, Cane Brake, Pow 

der Man. 

20. Thomas Combs, Cane Brake, Powder Man. 

21. Thomas Tomlin, " " 

22. Jeremiah Ward, Ninety-Six, Cane Brake, Powder Man, and a very 

bad man. 

23. Henry Green, Ninety-Six, Cane Brake, Powder Man, Militia 


24. Sam. Proctor, Cane Brake, Powder Man, Militia Captain. 

25. John Norris, Cane Brake, Powder Man. 

26. Benj. Stone, Ninety-Six, Cane Brake, Powder Man. 

27. John Davies, Cane Brake, Powder Man. 

28. Dav d. Reese, " 

29. Thomas Carter, " " 

30. James Derumple, " " 

31. James McGill, " " 

32. Wm. Johnston, " 

33. Thomas Wisdom, Cane Brake, Powder Man, Lieut, in the Militia, 

and an extreme active man. 

34. Abra m. Nabors, Cane Brake, Powder Man. 

35. Isaac Nabors, " " 

36. Geo. Carter, " " 

37. Thos. Gill, " " 

38. Wm. Stone, Ninety-Six, Cane Brake, Powder Man. 

39. Rob t. Proctor, Ninety-Six, Cane Brake, Powder Man, a very bad 


40. Caleb Stone, Ninety-Six, Cane Brake, Powder Man. 

41. James Carter, Cane Brake, Powder Man. 

42. Rob t. Grey, " " 

43. Capt. Hiburn, an active man. 


44. Elisha Watson, Cane Brake. 

45. John Helms, Ninety-Six, Cane Brake. 

46. Thomas Alison, " " 

47. Wm. Matthews, " " 

48. Dav d. Alison, " " 

49. Wm. Alison, " 

50. Rob t. Wood, Cane Brake. 

51. John Miller, Ninety-Six, sent from Ninety-Six. 

52. Henry Strum, Ninety-Six. 

53. Tho. Nevills, Cane Brake. 

54. Christ r. Reuben, " 

55. Robin Brown, Ninety-Six, Cane Brake, Powder Man, 

56. John Reid, Ninety-Six, Cane Brake. 

57. James Reid, " " 

58. Adam Frelick, Ninety-Six. 

59. Fred. Bagwell, Ninety-Six, Cane Brake. 

60. John Wright. " " 

61. James Johnston, " " 

62. James Cornell, " " 

63. Wm. Cox, Cane Brake. 

64. Fred. Reuben, " 

65. Thomas Good, " 

66. Moses Casey, Ninety-Six, Cane Brake. 

67. Adam Purdue, " " 

68. John Casey, " 

69. Jesse Casey, Cane Brake. 

70. John Rigdell, Ninety-Six, Cane Brake. 

71. John Rigdell, jun., " " 

72. Emanuel Miller, went from Ninety-Six to join the opposite party. 

73. Henry Attolph, Ninety-Six, Cane Brake, Lieut. Major. 

74. John Meek, Ninety-Six, Cane Brake. 

75. James Mills, " " 

76. Francis Regan, " 

77. Wm. Burrows, " " 

78. Benj. Stone. 

79. Joshua Niblet, Ninety-Six, Cane Brake. 

80. Joshua Fowler, " " 

81. Rich d. Fowler, " 

82. Sam. Harris, " 

83. John Goff, 

84. Rob t. Westmorland, " 


85. Tho. Welch, Ninety-Six, Cane Brake. 

86. HolPy. Power, " 

87. Hugh Abernathy, " " 

88. Dav d. Reese, mentioned before. 

89. Jacob Wittherow, Ninety-Six, Cane Brake. 

90. John Wittherow, " " 

91. Chris. Tongues, Cane Brake. 

92. John Burrows, Ninety-Six, Cane Brake. 

93. Hen. Centerfitts, Ninety-Six. 

94. Win. Mills, 

95. Henry Citeman, a very bad man. 

96. Wm. Caldwell, Ninety-Six, Cane Brake. 

97. And. A venter, " " 

98. Abel Bowling, " " 

99. Owen Reid, 

100. Dennis McCarty, Ninety-Six, Powder Man. 

101. Tho. Rogers, Cane Brake. 

102. Harmon Dildine, " 

103. Isaac Evans, mentioned. 

104. Benj. Gregory, Ninety-Six, Cane Brake, 

105. Jos. Turner, " " 

106. James Nicholl, Cane Brake. 

107. Edw d. Lang, Ninety-Six, Cane Brake, 

108. James Wright, " " 

109. John Evans, Cane Brake. 

110. John Welch, Ninety-Six, Cane Brake. 

111. Wm. Elliott, " " 

112. Leon d. Nix, Cane Brake. 

113. Wm, Payne, Ninety-Six, Cane Brake. 

114. Henry Goff, " " 

115. Dav d. Nielson, " 

116. John Morgan, Cane Brake. 

117. Fred. Hartwell, Ninety-Six, Cane Brake, 

118. Dan. Allen, Cane Brake, lame. 

119. Henry Counts, Ninety-Six, Cane Brake. 

120. Elisha Robinson, " " 

121. James Burgess, Ninety-Six, Cane Brake, an old man, but bloody 


122. Thomas Gill, Ninety-Six, Cane Brake. 

123. Holly Goff, died on the road. 

124. John Tominson, Ninety-Six, Cane Brake. 


125. Hugh Nealey, Ninety-Six, but surrendered himself to Col. Rich 


126. Witnall Warner, supposed to rob Mr. Pendleton s lodgings at 


127. Wm. Watson, harmless man, but at the Cane Brake. 

128. Chris r. Casey, Ninety-Six, Cane Brake. 

129. John M. Williams, the machine maker to set fire to the Ninety- 

Six Fort. 

130. Jos. Alexander, Ninety-Six, Cane Brake. 

131. James Davies, " " 

132. Phil. Wells, Ninety-Six. 

133. Jacob Stack, " 

134. Dan. Stagner, " 

135. Capt. Nealey Carghill, and 

136. Capt. Edghill, one sick, but both to be delivered up 1st February. 


[Original MS.] 

SAVANNAH, Jan. 7, 1776. 

SIR : This comes to acquaint you of my proceedings at this present 

Sir, I have sixteen men now under my orders twelve of them good 
seamen and carpenters. I only await your orders to proceed, as I am 
afraid to go. There are four men-of-war at Coxspur, and it is dangerous 
to go by water, but I will run all risk after I hear from you. I expected 
to be favored with a few lines from you for my further instructions, but 
have had not one line from you. 

Sir, till I hear, I remain your 

obedient humble servant to command, 


P. S. I am in great hopes of eight or ten more men in one or two 



[From a letter published by order of Congress.] 

To the Honourable Henry Learance, Esqr and president of the Counsel 

of Safety at Charles Town in South Carolina 

MAY IT PLESE YOUR HONOUR To permit me Leave To make my 
excuse to you and the other Gentlemen for my not Coming out of the 
Tamar manawar to your House the night that you Wase so good as to 
send Mr William Tucker aboard in your Boat with a promis from you 
and Mr Cannon and Locock That I should be portected in your House 
and that my Proposials to the Congress should be conuaid By you 
Gentle to them which you Did not Dout would Be agread to : now 
those porposials ware so good : I Cant Butt with Shame ness of face 
make my Excuse for not Excepting of Them : the reason wase this 
which I Hope Mr Tucker acquanted you with it wase Late In 
the night when he Came a board Captain Thornsbery and Ennis boath 
ware in the Cabin with me and new of my Goyn upon Deck and as I 
Told Mr. Tucker it wase not posable for us to Go of the Ship with out 
been fired at and Brought to and If I went Down and acquanted them 
ho he wase and What he Come aboard for they or the Governer 
Would have him Confine a bourd and as he Came on purpose to Serve 
me and his cuntrey, I would Chouse to Suffer Before he should on my 
a Count, and he had nothing from under are Gentlemun Hand to ashore 
me any purtection I Told him at parting If you Gentleman would Send 
me any a shoreanc from under Hand I would Com out the first oppor 
tunity Butt I Receve none and Sum Days after Captain Thornsbery 
told me he wase Threaten By you in a letter to Him for Keeping a 
traator to his Cuntrey abord the Berer of Said Letter Told me you Had 
the Three young men Ketck that Came to assist me Town and that you 
had the Six Horses Sold and the money putt In the Hands of the 
Counsel of Safety : which alarmed me afrish and made me to thinck I 
had no Chauch But to Compli With the Threats sent me By Mr 
Tucker If I Did not Com out that night : Which Wase I Should not 
Be Suffered to Live in any part of America and I have Been Ever 
Since a striving to Gitt to Ingland to putt my Son to School and waue 
thes Troubels as I had Determed not to Lift up arms on any Side or 
Elce I would not Sufferd my House and Plantation to been plunderd 
Butt my Relations and Best frinds in the Government wase that Side 
Which made me willing to Suffer wrong and putt up with any Loss 
then I should Been the Means of Sheding there blood, pray Sir Giue 


me Leaue to acquant your Honour also that whin I Gott a bord of the 
Tamar I Had not in Cash the value of Two Dollers and the Child and I 
Butt one Bare Sute of Close apeac I was a blige Boath to Do and Say 
Sumthing Pleseing to The Deffarent Governors as I had noway to Gitt 
my pasage Butt By them nor even to Live Whin I gott there with out 
thire Letters of Recommendation : Butt I am now Thirrely Con uinced 
it wase Best Bouth for me and the Cause of America that I did not 
Gitt there for I did use al the Endeavours that wase in my power to 
Gitt thare Butt the Hand of Providence Did preuail agenst me and 
hath Conuincced me that it is Duly assisting the American Cause 
wherefore I would not willingly Be Counted any Long nenemy to it 
Wherefore : I Humbly Beg the fuivor of you to move to the Counsel 
of Safety to Haue me Remove from Hear Before them as I may haue 
the pleshor To haue a hearing Before them as I Cant Butt haue hopes 
that when thay Com to Be made acquantd With al my Conduct thay 
will have pitty on me and Grant me Such Release as they in thire Wis 
dom shall se Best I am willing to giue al the Security in my power for 
my Good Behauiour I have Rote to Colonal Thomson and to Mr. 
Cannon to Be my Security for my Traviling from here on my perrole of 
Honour to your house at Charles town on my Receiveing asurtifficate 
from you for that porpose I shall send my Little Son to Mr Cannon in 
the first uessel that fails which will be in a fue Day Time and you may 
depend on my Trauiling through the Cuntry of Being al the Seruis to 
to the Cause I Can as I am now Conuince of the Stranth of America 
So pray Sir fail not In Grantting my Portion and I shal Be in Duty 
Bound to Eeur pray for you : 

And am with Dew Respect 

may it plese your Honnor 

Your Honour mosst obedient 

And Verry Humble Ser t 

llth Janury 1776 at the Gael of phiadelphia, 

The above is a true copy, taken from the Original Letter written by 
Moses Kirkland s own hand and sent to Col. Laurens, Charles Town, 
March 20, 1776. Certified by 

PETER TIMOTHY, Secretary to the Congress. 



[Original MS.] 

CHARLES TOWN, December 4th, 1775. 

English made, 3,450 

Two barrels belonging to the artillery, 200 

Mr. Tennent s make, (of which 63 bad,) 225 

Total, 3,905 

N. B. I have not yet received the powder in town. 

CHARLES TOWN, January 4th, 1776. 

Received into the magazine in town since the last return, the follow 
ing powder, viz : 

Dec. 18. Received from Port Royal, 2,000 

7 barrels containing 100 Ibs. in each, 700 

1 half barrel 50 

7 kegs containing 25 Ibs. in each, 175 

38 " smaller " 10 " 380 

18 " 10 180 

2 " larger " 15 " 30 

3 " smaller " 6 " 15 

Total, 3,530 



January, 14th 1776. 

14 barrels, 100 Ibs. in each,...* 1,400 

8 half barrels, 50 " 150 

7 quarter barrels, 25 " 175 

8 one-eighth bbls., 121 " 100 

6 kegs, 10 , 60 

Total, 1,885 



4 half barrels, 50 Ibs. in each, 200 

1 quarter barrel, 25 

38 kegs, 10 Ibs. in each, 380 

2 " 6i " 12* 

Total, 617* 

Damaged, about , 100 

Mr. Tennent s, about 155 

Total, * 255 

Whole amount of powder left in the magazine, 2, 7571 

Exclusive of the above quantity, there has been given out this 
forenoon : 

To Col. Roberts order, 700 

" Capt. Scott s " 500 

Col. Huger s " 100 

" Capt. Blake to Capt. Smith, 12* 

Total, 1,312* 



[Original MS.] 

SAVANNAH, Feb. 9th, 1776. 

DEAR SIR : I have drawn an order on you for three hundred and 
fifty pounds of your currency, in favor of Capt. Brown ; the order I 
mentioned in a former letter to have drawn on you, in favor of Mr. 
Gray, will not be presented to you, as Mr. Gray returned to Savannah, 
not being able to proceed to Charles Town by land. I have, by this 
conveyance, wrote a letter to Capt. Tuft, and which, in case of his 
absence, I have desired Capt. Brown will deliver into your hands, 
and beg the favor of you, to open it, and, if in your power, to 
comply with the request I have made ; shall esteem it a very great 


favor. We have had a vessel seized by the men-of-war ; that is not 
the worst, but by this seizure we have lost 5,000 Ibs. gunpowder 
which was coming into this Province. I submit it to you, how far 
it would be prudent to keep a fast sailing vessel over your bar to 
speak any vessels that may be off, and inform them that our ports are 
full of ships-of-war, and that their proceeding to the southward, will be 
attended with the greatest danger. I give you this hint, as many ves 
sels who knew that the men-of-war were in your port, will be pushing 

to the southward, and thereby fall a prey to these d d ships. 

Excuse this scrawl, as I am in great haste, and believe me, 

Dear sir, 

Your most obedient servant, 



[Original MS.] 

To fhe Honorable William Henri/ Drayton : 

DEAR SIR : I have your favor of the 23rd ult., and have now the 
pleasure to inform you that Sherman has met with pretty good success 
in recruiting for the " Prosper/ the greatest difficulty is how to get 
the sailors conveyed to Charlestown. I have procured the Scout Boat 
to go with them as far as Purisburgh and have wrote to Major Bourquin 
at that place to forward them on ; Sherman and Will s expences have 
been very considerable; however, when you consider that they have 
entertained fifty men for upwards of a month at a public house, and that 
40 of the money was advanced for four of the men, it cannot far 
exceed your expectations. The tavern keeper has charged very high. 
I made him attest his accounts. Previous to which he had the modesty 
to strike off 5 from one of the accounts. Upon the whole, I think it 
is lucky .that so many have enlisted, more especially as the ships were 
in such great want of men. 

The particular accounts are as under, viz : 

To Cash advanced Captain Will as per receipt, 12 00 00 

To Cash advanced Captain Sherman at several times as per 

receipt, 33 00 00 

Amount, 42 00 00 


Amount brought forward, ........................................ 42 00 00 

To Levi Sheftal, Butcher s bill, ................................. 12 15 7 

To Adrian Loyer, for five guns for the sailors, ................. 6 5 00 

To John Bowles, tavern-keeper, (bills attested,) .............. 101 19 3 

To Capt. Manson for four indented servants enlisted by Will, 
the indentures shall be procured and sent up as soon 

as Captain Manson comes to town, ........................ 40 00 00 

Total, ..................................................... 205 19 10* 

Enclosed you have copies of the above accounts. Exclusive of these, 
Sherman tells me has had about 40 of Mordecai Sheftal, and for which 
I suppose he will draw on you. 

I have this day drawn an order on you in favor of the Honorable 
Arch d. Bulloch, Esq., for one hundred and fifty pounds your currency. 

I am sorry to inform you that we are at present a little unhappy in 
our C - ss, owing to the ambitious views of some of our leading peo 
ple. I think this Province is remarkable for a number of parties, and 
I am afraid we shall find it too true that a house divided against itself 
can never stand this is entri nous. Our Battalion is to be raised 
the field officers are Lach. Mclntosh, Sam l. Elbert and your humble 
servant. The Captains and subaltern officers are by no means the men 
we would wish ; however, as Grwinnet who was choson Colonel gave up 
the command, we were obliged to compromise some of our domestics 
went on board the men-of-war; however, Thornbrough, sent up and 
informed us we might have them again on sending for them, this I 
believe proceeds from their want of provisions, as I am told those they 
brought from your Province are in a starving condition on Tybee and 
Coxspur, and upon the whole they appear to be heartily tired of their 
Company. I am, sir, your most obedient servant, 


P. S. Sherman tells me he has twenty-five or twenty-six men to 
carry round. 


[From the Original Articles.] 


We who have hereunto voluntarily subscribed our names, do hereby, 
severally and respectively, each for himself, engage, agree, and swear to 



be true to the Associated American Colonies in general, and to the 
people of South Carolina in particular, and to serve them honestly and 
faithfully, in defence of their just rights and liberties, on board the 
Prosper ship-of-war, of South Carolina aforesaid, and to observe and 
obey all the orders of the Provincial Congress, or Council of Safety, for 
the time being, and the orders of the officers set over us, by them, or 
either of them, or public authority thence derived, for and in consid 
eration of the following monthly wages opposite our respective names 
that is to say : 

Men s Names. 



When Shipped. 

James Spencer 

Seaman Prom (runner s JYIate 

Dec 21 1775 

Rob t Mun omery 


Seaman . 

Dec 19 1775. 

John Swan, 



Dec. 21, 1775. 

Felix Maginniss,... 


Dec. 23, 1775. 

John Laws, 



Dec. 23, 1775. 

Chas Hamilton. . . . 



Dec. 23, 1775. 

Will m. Short, 


Dec. 23, 1775. 

Thos Bradley 



Dec 23 1775. 

Ben] Hudson 



Dec. 25,1775. 

"Will m. Jenkins,... 

Carpenter s Mate, 

Dec. 23, 1775. 



Know all men, That I have entered, and I do hereby certify that I 
have voluntarily entered into the navy of the Colony aforesaid, on board 
the ship Prosper; and I do hereby engage to be true and faithful in the 
said service, until I shall be discharged by public authority ; and also 
to be bound by, and to obey, all and every rule, resolve, order, and 
regulation made, or to be made, by the Congress or the Council of 
Safety, or the naval officers under their authority. And I do hereby 
acknowledge the receipt of 

Witness my hand this 


[Original MS.] 

CHARLES TOWN, Feb. 26th, 1776 
To Honorable Col. Dray ton. 

SIR : As you intimated that you could conveniently assist the smaller 
armed vessels, with forty good men from on board the ship Prosper ; 



and as we judge it to be very necessary for the public service immedi 
ately to equip these vessels for cruizing on the coast, we desire you 
will order thirty such men on board the brig Comet, to obey the orders 
of Capt. Turpin and his officers; and ten on board the schooner 
Defence, to obey the orders of Capt. Tuft and his officers. 
By order of the Council of Safety. 

HENRY LAURENS, President. 


[Original MS.] 

Names of Companies. 


Lieuten ts. 




; I 


Charles Town "Volunteers 








Charles Town Rangers 







Charles Town Light Infantry, 







Charles Town Fusiliers, 











St Helena Volunteers 







Euhaw Volunteers 







Huspa Volunteers, 






Light Horse, including Officers, 













On dutv at Savannah, under Mai. Bourouii 



On duty at Ebenezer, guarding powder and the records of Georgia, ... 40 

Privates, 375 

Officers, Sergeants, &c., 67 

Total, on duty in the service of Georgia, 442 

SIR : Above is a statement of the troops under my command in the 
service of Georgia, the light horse have already taken part in that 
Province, where I purpose landing, by recommendation of Col. Mcln- 
tosh. I should have embarked sooner, but the different detachments 
dropped in so irregularly, particularly the Fusiliers and Light Infantry, 
who only arrived at two o clock this afternoon, and then too much 


fatigued to proceed, but shall embrace to-morrow morning early on 
board of a sufficient number of proper boats that I had provided, and 
mounted swivel guns on them. By the latest accounts Savannah is safe 
and no troops landed. 

Inclosed is a copy of my orders, to which I refer you. On my arrival 
at Savannah I shall write you fully ; in the interim 
I have the honor to be, sir, 

Your most obedient, humble servant, 



[Original MS.] 

PURRYSBURGH, March 9, 1776. 

Order, The Troops are to embark this day in different boats now at 
the landing, on board of which the commanding officers of each detach 
ment are to have their baggage put. 

Order, The detachments are to take post in the line of march as fol 
lows : the Charlestown Light Infantry to take the right ; the Charles- 
town Volunteers on their left ; the Charlestown Fusiliers on their left ; 
and the Charlestown rangers on their left. The Beaufort Light Infan 
try take post on the left of the line; the St. Helena Company on their 
right ; the Huspa Volunteers on the right, and Euhaw Volunteers on 
their right ; the officers of line not to take post according to seniority, 
but to act and command their own detachments. 

Order, The officers and men of the Charlestown Light Infantry with 
Sergeant Black, and the Beaufort Artillery men or matrosses to embark 
in the decked armed boat as an advanced guard to the line, who are to 
keep about one hundred and fifty yards before the line, and then the 
line follows. 

Order, That a Sergeant and thirteen men of the Euhaw Volunteers 
form the rear guard, and follow in the rear of the line. 

Order, The guns of the advanced and rear guards are to be loaded 
before embarkation with running ball ; the swivel guns on board the 
boats to be loaded and charged with cannister or grape shot. The lint- 
stocks, wads, and every thing necessary to be on board. 

Order, That an officer of each detachment before embarkation do 
examine and see that the cartridges are not too deep in the boxes, but 
that the caps may be so far out, as to be readily taken out, in time 


of action. Should the cartouch boxes be too deep for the cartridges, 
then in that case let there be a wad of moss put to the bottom of each so 
as to raise them to a proper height ; the officers to see that the cartridges 
are so fitted that they will readily go down the barrels of the guns even 
after many firings. 

Order, That the officers do instruct their men how properly to charge 
with cartridge ; that is after uncapping, to let the whole of the powder, 
run down the barrel, before they ram down the paper and ball ; for by 
neglecting this and ramming before the powder is out, the paper is 
apt to stop the touch holes and prevent firing. 

Order, That the officers do examine the guns of the line, and that 
none be loaded but upon apprehension of an attack, and then the first 
charge be with running ball, for which purpose each man should be 
provided with moss wadding in his pocket. 

Order, That when the line is disembarked and landed in Georgia, 
the whole line is to form two deep, the right of the line to march fore 
most with the advanced guard, about one hundred and fifty yards a 
head ; the light horse before them about a quarter of a mile, who are to 
examine every thicket, suspicious place or swamp near the road, where 
an ambuscade or armed force may lay concealed as soon as they dis 
cover such suspicious place, the commanding officer of the light horse 
is to send a non-commissioned officer or intelligent private to give infor 
mation to the commanding officer of the line, which is to halt ; when the 
commanding officer of the light horse has examined and finds there is 
no enemy in the place suspected, he is to make a report accordingly, 
upon which the line will march. 

Order, That if the advanced guards are attacked they are by no 
means to retreat, but at all hazards maintain their ground as they may 
depend on being supported by the line. 

Order, The detachments to be told off in platoons in proportion to 
the number of officers and men. 

Order, That no soldier do fire his gun without orders from an officer j 
no soldier to quit his rank or platoon without leave of an officer. 

Order, That a roster be kept of the officers and men, that each officer 
and private may take the tour of their different duties. 

Order, That Sergeant Black do distribute the cartridges and shot in 
the different beats that have swivels, in proportion to the number and 
size of the swivels, and that the eighteen pound shot, spare powder and 
lead, be properly stowed in the boat, in which the rear of the line do 
embark, of which the commanding officer of the Beaufort Light Infantry 
is to take charge. 


Order, All orders delivered by Capt. Doharty are to be obeyed, he 
being one appointed by Col. Bull, for that purpose. 

Order, That a Sergeant and six men do march as a flanking party on 
the right, and another Sergeant and six men on the left, to march at one 
hundred yards distance from the line in Indian file, each man to be 
about fifty yards distance from each other, and should they discover any 
enemy they are to fire on them, and to retreat to the line, and give 
notice that the line may face towards the enemy, and not be attacked 
to disadvantage. The two Sergeants and their men to be relieved every 
half hour alternately, by those detachments who have not any men on 
duty in the advanced and rear guards. 

A true copy from the Col. s Order Book. 

THOS. RUTLEDGE, Adjutant, 


Order, The troops, for sufficient reasons, do not embark this day, but 
Capt. John Huger of the Volunteers, Lieutenant Fenwicke of the Ran 
gers, and Capt. John Jenkins of the St. Helena Volunteers, do order 
their drums to beat and muster their men on the parade joining the 
Church ; from thence march them to the landing where the Pettiaugers 
are ; there to embark as many men as they will conveniently hold, in 
order to judge of the number of boats that will be necessary. 

Order, That the General do beat by dawn of day to-morrow the 
baggage stowed, and the tents left standing till breakfast is over, and 
two only to be carried to shelter the guards that be at any out-post. 

A true copy from the Colonel s Order Book. 

THOS. RUTLEDGE, Adjutant. 


[Original MS.] 

To Col. Henry Laurens, Esq., President of the Council of Safety in 

Charlestown : 

SIR : I wrote you a letter on Saturday last from Purrysburgh, 
wherein I informed you I should embark for this place next morning at 
eight o clock, which I did with the whole of my command, the two last 
detachments of Light Infantry and Fusileers did not arrive till two 


o clock, Saturday afternoon, and then so fatigued that I judged it best 
to halt till next morning. 

I landed at Mr. Kincaid s plantation on Savannah river, about nine 
miles from hence, and marched in in the evening, where I found all 
quiet. Their fleet was lessened by four rich vessels belonging to the 
tory party, being burnt by the other inhabitants ; they were opposed by 
the King s troops, who as soon as fired on quitted their ground and 
scampered across Hutchinson s Island in so great disorder as to leave 
two field pieces which was not known till after they were carried off by 
Mr. John Graham s negroes, employed for that purpose, the King s 
troops not caring to venture back for them, since which the Cherokee 
and a transport have worked up the Back river, and several loaded 
vessels, whose Captains inclined to sail, obtained assistance, and "by 
throwing over board about two thousand pounds of Rice," did get down, 
and are, if they have not sailed, at Cockspur ; this circumstance happened 
the day the Volunteers left Charlestown. Yesterday I had a conference 
with the Council of Safety, but came to no determination but that I 
should mount guard in the town and hamlets adjacent, and began the 
duty yesterday with the Beaufort Light Infantry and the Huspa Vol 
unteers, who were relieved this morning by the Charleston Volunteers. 
I have just been waited on by one of the Council of Safety, acquaint 
ing me they were to set this forenoon ; they yesterday told me they had 
sent an express for Col. Mclntosh, who will probably be here to-morrow, 
and on conferring with him, if any thing material occurs shall immedi 
ately send an Express to you. 

The following is a list of the vessels which are at present in the Harbor : 
Two ships Unity, Wardell, about 700 Ibs. Rice. 

Georgia Packet, Inglis, 500 Ibs. Rice. 
Five brigs Amity, Ash, Live Oak. 

Rebecca Rutherford, with Lumber. 

Yorick, Steel, Ballast. 

Beaufort, Wood, Ballast. 

Fair Lady, Robertson, 30 hhds. Tobacco. 
Schooner Race Horse, Buret, Ballast, 
and two Sloops ; one very stout, and has already twelve port holes. 

When I meet the Council of Safety I shall press the matter of strip 
ing the vessels in port ; in the meantime my guards have an eye on 
them. I am so quartered with a parade before the doors that I can in 
a few minutes turn out the troops and form them between the front of 
the bay and the shipping, either to attack or defend, as the service may 


Nine of Mr. Arthur Middleton s negroes, and some others, the whole 
in number about twenty-five, have gone on board the man-of-war. 

There are in this town at present one hundred Creek and Euchee 
Indians, about seventy men, who are now employed in the service of the 
Province, the rest women and children. 

America has here many hearty, spirited friends, but there are a great 
many tories, which in my opinion renders it necessary that at least two 
hundred militia should continue quartered here, which may be collected 
from the Southern Regiments, in our Province, until the Continental 
Regiment have enlisted that number ; at present they have but fifty. 
Our troops are all in good health, and fare very well. 
I have the honor to be, sir, 

your most humble servt., 



[Original MS.] 

To Col. Henry Laurens, President of the Council of Safety in Charles 


SIR : I wrote you yesterday, by Col. Wells, two letters, one of 
which contained an Indian talk. Some of the head men knowing who 
I am, were glad to see me, and conversed with me on the present 
unhappy dispute. I met them at Mr. Jonathan Bryan s, attended by 
one Gray, a favorite linguist of theirs. They made great profession of 
friendship for the people of Carolina, took me by the hand and wished 
that they and the Carolinians might always hold fast to each other, and 
so forth. I believe them sincere in their profession, and doubt not a 
very good use may be made of them, if properly attended to. 

In my last I mentioned to you, that nine of Mr. Arthur Middleton s 
negroes were gone on board the man-of-war, but am sorry to acquaint 
you, that I am well informed between forty and fifty of his have really 
deserted, and above one hundred and fifty more, the property of others, 
who are now on Tybee Island. 

There was a full board at the Council of Safety this day, where I 
attended, and pressed the matter touching the shipping and cargoes now 
in the harbor, and wished that they, themselves, would do the needful, 
as it was in their own Province. I told them if they were apprehen- 


sive of being opposed by the tory or any other party, I would, with the 
men under my command, support them. They are divided in their 
opinions how to dispose of them ; some for sending them up the river, 
others for keeping them where they are, and depriving them of their 
sails. However, you may rest assured I shall not leave this Province 
until I see this matter adjusted to my satisfaction, of which I have not 
now the least doubt from the present disposition of some of the Council 
of Safety, though I have been told that my coming here, with the 
command I brought with me, has done the cause great service. 

It is absolutely necessary to stop the correspondence carried on 
between the tories in the two Provinces. This you will receive by a 
negro belonging to Mr. Deas s estate, hired by Mr. Alex. Inglis to 
Philip Wills, to ride post in the Continental service ; and as few would 
suspect that the Continental riders would carry tory letters, it will be 
a safe conveyance ; and as it is highly probable such may be in the 
mail, or secreted in the fellow s own pockets, I shall, for your guide, 
furnish you with a list of such letters as he may have in charge, that 
you may have it in your power to demand a sight of such as you may 
think necessary, from the persons to whom directed ; the bearer is to 
call at Joseph Town, where, it is highly probable, he may receive 
dispatches from Mr. John Graham and Mr. John Inglis, who, it is 
well known, are disaffected, and, it is said here, they are frequently on 
board the men-of-war. Certain it is, the former has been there within 
these few days. 

I have the honor to be, sir, 

Your most obedient servant, 


P. S. Mr. Wills tells me that he has sealed up all the letters, and 
directed them to your Deputy Secretary, Mr Bouneatheau. 


[Original MS.] 

To Col. Henry Laurens, President of the Council of Safety in Charles 


HEAD QUARTERS SAVANNAH, March 14th, 1776. 

SIR : I last night wrote you a letter, which you will receive by this 
same opportunity. I had forgotten to acquaint you, in the letter I wrote 
by Col. Wills, that the troops that are here are two hundred, who were 


brought from St. Augustine, in the man-of-war schooner St. John, and 
when she came from thence left two hundred more there ; and yester 
day I was informed, by the Council of Safety, that a Capt. Carney in the 
Continental battalion here, has enlisted forty-eight out of those two 
hundred, and now has them at his plantation, about fifty miles from 
this place ; and the men enlisted say all the rest would gladly desert, 
but they are afraid to trust each other. If this comes to be known at 
Cockspur, I imagine, they will decline making another attempt to take 
post at this town, as they were made to believe they would not meet 
any opposition here. But as they are now fully convinced that their 
friends and our enemies were mistaken, perhaps they may return to 
St. Augustine to secure that post, lest more of their men should desert, 
though some more troops are still expected there. 

It is said, and generally credited, that a gentleman in this Province 
has received a letter from Mr. Forbes, a clergyman at St. Augustine, 
who just received one from a brother of his (of a very late date), in 
forming him that a French and Spanish fleet, and upwards of twenty 
thousand troops had laid siege to Port Royal, in Jamaica; the fleet can 
nonaded the fortifications eight-and-forty hours before the town sur 
rendered. A vessel arrived at Sunbury, from the Indies, bringing the 
same accounts ; if true, then, our business is done, and we shall soon 
have peace. 

This in my own hand. If the Congress is still setting, no doubt my 
letters will be read in Congress, if so, I hope the Council will think as 
I do ; that is, not to have this last paragraph read to so large a number 
of people, but to be known only to the Council, for no one does, at least 
ought not to know, anything of the following matter, but the members 
of the Council of Safety of this Province and myself. The matter is 
this : It is far better for the public and the owners, if the deserted 
negroes on Tybee Island, who are on Tybee Island, be shot, if they 
cannot be taken, if the public is obliged to pay for them; for if they 
are carried away, and converted into money, which is the sinew of 
war, it will only enable an enemy to fight us with our own money or 

Therefore, all who cannot be taken, had better be shot by the Creek 
Indians, as it, perhaps, may deter other negroes from deserting, and 
will establish a hatred or aversion between the Indians and negroes. 
Some of the Council of Safety are timid, particularly one Mr. Andrews, 
from St. John s Parish, Sunbury, who has influence, and through whose 
means Gov. Wright has been enabled to carry on his plans of late. There 
are a few others in the same way, but, notwithstanding that, you may 


depend the business shall be done agreeably to the orders of Congress ; but 
it will be best the Council of Safety here should give the orders, at least, 
if they have not men of their own to do the business. I am told my 
coming here, with my command and orders from our Congress, had 
great good effect. 

I have just this moment had proper and certain assurance, that a 
gocd leader and party of the Creek Indians are willing and desirous of 
going to take the runaway negroes upon Tybee Island, if I choose it; 
but as I have no authority from you to send the Indians on such an errand, 
I must decline it, but still think the Council of Safety will do it. The 
two of that board, who I a few minutes ago had a private interview 
with, seem to doubt whether they will have a majority from it. But it 
must be kept a profound secret, lest the negroes should move off, or they 
should ask for arms, and so lay an ambuscade for the Indians. I have 
something farther to say on this subject, but defer it until I come to 
Charles Town. 

I have the honor to be, sir, 

Your most obedient servant, 



[Original MS.] 


To Col. Henry Laurens, President of the Council of Safety in Charles- 
town : 

SIR : I wrote you yesterday by the post, in which I told you I should 
be able to get the matter of the ships settled to my satisfaction, and not 
many hours after my letter was gone, the Council of Safety sent an 
order directed to me, as Commander-in-Chief in this Province, desiring 
I would immediately have the vessels unrigged and their rudders 
unhung, a work I was determined to do ere I left this place, agreeably 
to the orders given me by the Congress in Charlestown but as our 
Congress depended in some measure on my conducting matters properly, 
I had before given it as my opinion in the Council of Safety that it 
would have a much greater appearance of unanimity in the Colonies, 
and that Georgia was not so backward as was heretofore suspected, if 
they would make it an act of their own, and as the tories had yesterday 
said the Carolinians had taken possession of Savannah, and meant never 


to give it up again, I thought it would bear that complexion, and it 
struck the Council of Safety in the same light, on which they resolved 
that Lieut. Col. Stirk, with a party of about forty men of their own 
militia should do the work, only requesting that I would be ready to 
support them, if necessary, and I accordingly had a sufficient number of 
men for that purpose, having now under my command four hundred and 
forty-two, who would have turned out at a minutes warning yet I did 
not suffer any of my men to appear with arms or seemingly to know any 
thing of the matter, but ordered them to keep close to their quarters, 
which were but a few yards distance from the shipping; however, I, 
have the pleasure of acquainting you, there was no opposition, but an 
application was made to spare the unhanging of the rudder of the ship 
Georgia Planter, Inglis, alledging it was so lashed under water that it 
could not be done. Major Joseph Habersham also applied to have the 
rudder of his vessel spared, and would have given surety for her aot 
departing the Province, on which the President of the Council of Safety 
waited on me and mentioned both circumstances ; to the first I replied 
the rudder might be very soon rendered useless by the help of an axe, 
cutting it off near the water ; as to Mr. Habershain s vessel I thought 
they could not with any degree of propriety grant his request, as it 
would wear the highest appearance of partiality, and would be absolutely 
repugnant to their own resolution which was without exception an order 
for which I was then possessed of; however, the officer and men came 
down, and I sent Messrs. Black and Laurens, two ship carpenters, first 
making them put off their uniform and get common clothing, and mixed 
with the people to see that the work was properly executed. They are 
now at work, several vessels are unrigged and the rudders unhung, .and 
by to-morrow night shall have finished the rest I hope. 

A packet arrived from England two days ago at Cockspur, after a 
short passage and all the letters that they did not suspect came to friends 
of liberty were allowed to be brought up by Mr. Thomas Young (a half 
tory as he is usually denominated) as also an Act of Parliament repealing 
the Boston Port Bill and an Act to include New York, North Carolina 
and Georgia, in the restraining Bill, also the King s Proclamation, dated 
22d December last, declaring that all vessels cleared out after the 1st 
January last, and taken by any of the King s ships shall be deemed 
lawful prizes and is so particular as to point out the shares from the 
Admiral to the swabber. 

I have seen a letter from a capital merchant in London to Mr. George 
Houston of this town, inclosing a contract which he had made with 
the contractors of the Victualling Office, to supply all his Majesty s 


ships that may be stationed or rendezvous here, and that he should also 
supply the agents of the Northern department with such provisions as 
could be purchased cheaper here than there, and from the tenor of the 
letter, apprehend a number of men-of-war may be expected ; for further 
particulars, I refer you to the Council of Safety, who will send you 
copies of all the letters of any consequence together with the Act of 
Parliament and Proclamation. 

I shall return home as soon as I have completed the business sent on, 
if nothing material occurs. 

I herewith inclose you two papers of intelligence and a general return. 
I have the honor to be, sir, your most obedient servt., 



[Original MS.] 

MARCH 17, 1776. 
To Capt. Robert Goodwin, Congarees. 

DEAR SIR : I expect to see you at Nelson s Ferry by Friday next, 
or Saturday at farthest, with your old Company and all your new recruits. 
If you will call on me Thursday or Friday, I will go to Nelson s Ferry. 
Please to order Lieut. Liles to recruit men for Capt. Donalson, as he is 
in his Company. I hope your Company will be full very soon. 
I am, dear sir, your humble sert., 



[Original MS.] 

CHARLESTON, March 21, 1776. 
The Hon. Mr. Drayton : 

DEAR SIR : Inclosed you will find Col. Gadsden s orders for eighteen 
men to be put on board the armed schooner " Peggy," of which Lieut. 
Sherman is to be the commander ; the mate of the schooner has con 
sented to go, which I am glad of, as he is acquainted with the vessel 
and every thing about her. 

I am of opinion that two of your four pounders which may be hoisted 
in, in an instant, will be of great service, and although there are no ring 
bolts in the schooner, the seamen will soon make a contrivance for fixing 
and working the guns, sufficient for the intended short service. 



Your Lieutenants will be deliberate in taking every necessary article 
on board j dispatch is absolutely necessary; she must be at or over the 
bar by day-light. You will give the necessary orders; and I would for 
the encouragement of the men, besides the value of the prize, promise 
35, per man, for every prisoner taken, and the like sum for every man 
killed of the enemy. 

I am, dear sir, your obedient humble servt., 



[Original MS.] 

HEAD QUARTERS SAVANNAH, March 15th, 1776. 

Names of Companies. 










Drums and Fifes. . 



Charles Town Volunteeers, 








Charles Town Rangers, 






Charles Town Light Infantry, 
Charles Town Fusiliers, 







Granville County Regiment. 








Beaufort Light Infantry 







St Helena Volunteers 







Euhaw Volunteers, 





Huspa Volunteers 






Light Horse, or Pocotalligo hunters, 
Oakety Creek Detachment, 








St. Peter s, 






Black Swamp, 




Pipe Creek 




Boggy Glut, 




New Windsor, 






Upper Three Runs 



Beaufort Artillery 













A true Return. 

THOS. RUTLEDGE, Adjutant. 



[Original MS.] 

SHELDEN, March 26, 1776. 

To Henri/ Laurens, Esq. , President of the Council of Safety in Charles 
ton : 

SIR : About midway between Savannah and Purrysburg, I received 
your favor and the five hundred pounds sterling by Gruber; I disman 
tled all the vessels in Georgia, before I left that Province, and have 
returned safe home with my command. 

I purpose being in Charlestown to-morrow night, and will the next 
day acquaint the Congress or Council of Safety in what manner I have 
executed their order. Could I have heard from you but twelve hours 
sooner, I should not have left Savannah as soon as I have done, as there 
is one piece of service which I wanted to have put into execution, which 
I did not think myself properly authorised to do. 
I have the honor to be, sir, 

your most humble servt., 

P. S. I have supplied Gruber with five pounds of the public money. 


[From the MS. in the State Department.] 

April 11, 1776. 
Honorable Gentlemen of the Legislative Council, 

Mr. /Speaker and Gentlemen of the General Assembly : 
It has afforded me much satisfaction to observe, that, though the 
season of the year rendered your setting very inconvenient, your private 
concerns, which must have suffered greatly by your long and close 
application in the late Congress to the affairs of this Colony, requiring 
your presence in the country, yet, continuing to prefer the public weal 
to ease and retirement, you have been busily engaged, in framing such 
laws, as our peculiar circumstances rendered absolutely necessary to be 
passed, before your adjournment. Having given my assent to them, 
I presume you are now desirous of a recess. 



On my part, a most solemn oath has been taken, for the faithful 
discharge of my duty. On yours, a solemn assurance has been given, 
to support me therein thus a public compact between us stands 
recorded. You may rest assured, that I shall keep this oath ever in 
mind ] the Constitution shall be the invariable rule of my conduct ; 
my ears shall be always open, to the complaints of the injured j justice, 
in mercy, shall neither be denied, or delayed ; our laws and religion, 
and the liberties of America, shall be maintained and defended to the 
utmost of my power. I repose the most perfect confidence in your 

And now, gentlemen, let me entreat that you will, in your several 
parishes and districts, use your influence and authority, to keep peace 
and good order, and procure strict observance of, and ready obedience 
to the law. 

If any persons therein, are still strangers to the nature and merits of 
the dispute between Great Britain and the Colonies, you will explain it 
to them fully, and teach them, if they are so unfortunate as not to 
know their inherent rights. Prove to them, that the previleges of being 
tried by a jury of the vicinage, acquainted with the parties and wit 
nesses, of being taxed, only with their own consent, given by their 
representatives, freely chosen by, and sharing the burthen, equally 
with themselves, not for the aggrandizing a rapacious minister, and his 
dependant favorites, and for corrupting the people, and subverting their 
liberties, but for such wise and salutary purposes, as they themselves, 
and of having their internal polity regulated, only by laws, consented 
to by competent judges of what is best adapted to their situation and 
circumstances, equally bound too by those laws, are inestimable, and 
derived from that Constitution, which is the birthright of the poorest 
man, and the inheritance of the most wealthy. Relate to them, the 
various unjust, and cruel statutes, which the British Parliament, claim 
ing a right to make laws for binding the Colonies in all cases whatso 
ever, have enacted, and the many sanguinary measures which have 
been, and are, daily pursued, and threatens to wrest from them, these 
invaluable benefits, and to enforce such an unlimited and destructive 
claim. To the most illiterate it must appear, that no power on earth 
can, of right, deprive them of the hardly-earned fruits of their. honest 
industry, toil and labor. Even to them, the impious attempt to prevent 
many thousands from using the means of subsistence provided for man, 
by the bounty of his Creator, and to compel them, by famine, to sur 
render their rights, will seem to call for Divine vengeance. The endea 
vors, by deceit and bribery, to engage barbarous nations, to embrue 


their hands in the innocent blood of helpless women and children, and 
the attempts, by fair but fake promises, to make ignorant domestic* 
subservient to the most wicked purpose, are acts, at which humanity 
must revolt. 

Show your constituents, then, the indispensible necessity, which then; 
wa.s for establishing some mode of government in this Colony, the ben 
efits of that which a full and free representation has established, and 
that the consent of the people is the origin, and their happiness the end 
of government. Remove the apprehension! with which honest and wr 11 
meaning, but weak and credulous minds, may be alarmed, and prevent 
ill impressions by artful and d<-M<_rning enemies. Let it be known, that 
this Constitution is but temporary, till an accommodation of the 
unhappy differences between Great Britain and America can be obtained, 
and that such an event is still desired, by men who yet remember former 
friendships and intimate connections, though for defending their person* 
and properties, they are stigmatised and treated as rebels. 

Truth, being known, will prevail over artificial misrepresentation 
conviction must follow its discovery. In such case, no man, who i* 
worthy of life, liberty or property, will, or can refuse to join with JMI. 
in defending them, to the last extremity. Disdaining every sordid vit.-w, 
and the mean, paltry considerations of private interest and present. 
emolument, when placed in competition with the liberties of million-, 
and seeing that there is no alternative, but absolute unconditional sub 
mission, arid the most abject slavery, or, a defence becoming men born 
to freedom, he will not hesitate about the choice. Although superior 
force may, by the permission of Heaven, lay waste our town and ravage 
our country, it can never eradicate, from the breats of freemen, thone 
principles which are ingrafted in their very nature ; such men will do 
their duty, neither knowing or regarding cori,-e<|uenecs; but, submitting 
them with humble confidence to the omniscient and omnipotent Arbiter 
and Director of the fate of Empires, and trusting that his Almighty 
arm, which has been so signally stretched out for our defence, will 
deliver them in a righteous cause. 

The eyes of Europe, nay, of the whole world, are on America. The 
eyes of every other Colony are on this a Colony, whose reputation for 
generosity aad magnanimity is universally teknowfedged* I truxt, 
therefore, it will not be diminished by our future conduct, that there 
will be no civil discord here, and that the only strife amongst brethren 
will be, who shall do most to serve, and to save, an oppressed ml 
injured country. 




[Original MS.] 

ANSONBURGH, April 26, 1776. 
To the Honorable William Henry Drayton, Esquire : 

DEAR SIR : I return the paper you obligingly sent for my perusal. 
I have read it with satisfaction and pleasure, halting no where but at a 
little inacuracy marked on the margin of the last page of the 4th sheet, 
and at the history of Slitting Mills, which possibly upon retrospection 
you may in some phrases vary. The public are indebted to you. I 
acknowledge this as one of them with gratitude. I have not detained 
your servant a moment beyond the necessary time for reading the charge, 
and for subscribing myself, dear sir, 

Your most obedient servt., 



[Original MS.] 

To the Honorable the Chief Justice : 

The President presents his compliments to the Chief Justice, and will 
be obliged to him, for a sight of his charge to the Grand Jury. 


[Printed Circular.] 

At an adjournment of the Court of General Sessions of the Peace, 
Oyer and Terminer, Assize and general Gaol Delivery, held at Charles 
Town, for the District of Charlestown, on Tuesday the 23d day of April, 
1776. Before the Honorable William Henry Drayton, Esq., Chief 
Justice, and his Associate Justices of the Colony of South Carolina. 

On motion of Mr. Attorney General, Ordered that the charge of his 


Honor the Chief Justice, delivered to the Grand Jury be published, 
together with their Presentments. 

By order of the Court. 

May 2d, 1776. 


Gentlemen of the Grand Jury: 

When by evil machinations tending to nothing less than absolute 
tyranny, trials by jury have been discontinued; and juries in discharge 
of their duty have assembled, and as soon as met silently and arbitrarily 
dismissed without being impannelled, whereby in contempt of magna 
charta, justice has been delayed and denied: It cannot but afford to 
every good citizen, the most sincere satisfaction, once more to see juries, 
as they now are, legally impannelled, to the end that the laws may be 
duly administered. I do most heartily congratulate you upon so im 
portant an event. 

In this Court, where silence has but too long presided, with a direct 
purpose to loosen the bands of government, that this country might be 
involved in anarchy and confusion ; you are now met to regulate your 
verdicts, under a new Constitution of Government, independent of royal 
authority a Constitution which arose according to the great law of 
nature and of nations; and which was established in the late Congress 
on the 26th day of March last a day that will be ever memorable in 
this country a month, remarkable in our history, for having given 
birth to the original Constitution of our Government, in the year 1669 ; 
for being the era of the American calamities by the stamp act, in the 
year 1765; for being the date of the repeal of that act in the following 
year; and for the conclusion of the famous siege of Boston, when the 
American arms compelled General Howe, a General of the first reputa 
tion in the British service, with the largest, best disciplined, and best 
provided army in that service, supported by a formidable fleet, so preci 
pitately to abandon the most impregnable fortifications in America, as 
that he left behind him a great part of the bedding, military stores, and 
cannon of the army. And for so many important events, is the month 
of March remarkable in our annals. But I proceed to lay before you, 
the principal causes leading to the late Revolution of our Government 
the law upon the point and the benefits resulting from that happy and 
necessary establishment. The importance of the transaction deserves 
such a state the occasion demands and our future welfare requires it : 
To do this may take up some little time; but the subject is of the 


highest moment, and worthy of your particular attention. I will, there 
fore, confine iny discourse to that great point; and after charging you 
to attend to the due observance of the jury law, and the patrol and 
negro acts, forbearing to mention the other common duties of a grand 
jury, I will expound to you, the Constitution of your country. 

The House of Brunswick was yet scarcely settled in the British 
throne, to which it had been called by a free people, when, in the year 
1719, our ancestors in this country, finding that the government of the 
Lords proprietors operated to their ruin, exercised the rights transmitted 
to them by their forefathers of England; and casting off the proprietary 
authority, called upon the House of Brunswick to rule over them a 
house elevated to royal dominion, for no other purpose than to preserve 
to a people, their unalienable rights. The king accepted the invitation; 
and thereby indisputably admitted the legality of that Revolution. And 
in so doing, by his own act, he vested in those our forefathers, and in 
us their posterity, a clear right to effect another Revolution, if ever the 
government of the House of Brunswick should operate to the ruin of 
the people. So the excellent Roman Emperor Trajan, delivered a 
sword to Saburanus his Captain of the Praetorian Guard, with this ad 
mired sentence: "Receive this sword, and use it to defend me if I 
govern well, but, against me if I behave ill." 

With joyful acclamations, our ancestors by act of Assembly passed on 
the 18th day of August, 1721, recognized the British monarch. The 
virtues of the second George are still revered among us he was the 
father of his people. And it was with extacy we saw his grandson, 
George the Third mount the throne, possessed of the hearts of his 

But alas ! Almost with the commencement of his reign, his subjects 
felt causes to complain of government. The reign advanced the 
grievances became more numerous and intolerable the complaints more 
general and loud the whole Empire resounded with the cries of in 
jured subjects! At length, grievances being unredressed and ever 
increasing; all patience being borne down; all hope destroyed; all con 
fidence in royal government blasted ! Behold ! the Empire is rent from 
pole to pole ! perhaps to continue asunder forever ! 

The catalogue of our oppressions, continental and local, is enormous. 
Of such oppressions, I will mention only some of the most weighty. 

Under color of law, the king and parliament of Great Britain have 
made the most arbitrary attempts to enslave America ; 

By claiming aright to bind the Colonies, "in all cases whatsoever/ 

By laying duties at their mere will and pleasure upon all the Colonies; 


By suspending the Legislature of New York ; 

By rendering the American charters of no validity, having annulled 
the most material parts of the charter of the Massachusetts Bay; 

By divesting multitudes of the colonists of their property, without 
legal accusation or trial ; 

By depriving whole Colonies of the bounty of Providence on their 
own proper coasts, in order to coerce them by famine ; 

By restricting the trade and commerce of America; 

By sending to, and continuing in America, in time of peace, an 
an armed force without, and against the consent of the people ; 

By granting impunity to a soldiery instigated to murder the Ame 
ricans ; 

By declaring, that the people of Massachusetts Bay are liable for 
offences, or pretended offences done in that Colony, to be sent to, and 
tried for the same in England ; or in any Colony where they cannot 
have the benefit of a jury of the vicinage; 

By establishing in Quebec, the Roman Catholic religion, and an arbi 
trary Government; instead of the Protestant religion, and a free Go 

And, thus America saw it demonstrated, that no faith ought to be 
put in a royal proclamation. For I must observe to you, that in the 
year 1763, by such a proclamation people were invited to settle in 
Canada, and were assured of a legitimate representation, the benefit of 
the common law of England, and a free Government. It is a misfor 
tune to the public, that this is not the only influence of the inefficiency 
of a royal proclamation. However, having given you one instance of a 
failure of royal faith in the northern extremity of this abused Conti 
nent, let it suffice, that I direct your attention to the southern extremi 
ty, respecting which, the same particulars, were in the same manner 
promised ; but, the deceived inhabitants of St. Augustine, are left, by 
their grand jury, in vain to complain and lament to the world, and yet 
scarcely permitted to exercise even that privilege distinguishing the 
miserable, that royal faith is not kept with them ! 

The proceedings which I have enumerated, either immediately or in 
their evident consequences, deeply affected all the Colonies ; ruin 
stared them in the face. They united their counsels, and laid their 
just complaints before the throne, praying a redress of grievances. But, 
to their astonishment, their dutiful petition for peace and safety, was 
answered, only by an actual commencement of war and military de 
struction ! 

In the mean time, the British troops that had been peaceably received 


by the devoted inhabitants of Boston, as the troops of their sovereign 
bound to protect them I fortified that town, to imprison the inhabitants, 
and to hold that capital against the people to whom it belonged ! And 
the British rulers having determined to appeal from reason and justice, 
to violence and arms, a select body of those troops, being in the night 
suddenly and privately marched from Boston at Lexington, on the 19th 
day of April, 1775, they, by surprise, drew the sword of civil war, and 
plunged it into the breasts of the Americans ! Against this horrid in 
justice, the Almighty gave instant judgment. An handful of country 
militia badly armed, suddenly collected, and unconnectedly and irregu 
larly brought up to repel the attack, discomfited the regular bands of 
the tyranny ; they retreated, and night saved them from total slaughter. 

Thus forced to take up arms in our own defence, America yet again, 
most dutifully, petitioned the king, that he would "be pleased to direct 
some mode, by which the united applications of his faithful colonists to 
the throne, in pretence of their common councils, might be improved 
into a happy and permanent reconciliation ; and that in the mean time, 
measures might be taken for preventing the further destruction of the 
lives of his Majesty s subjects;" but, it was in vain ! The petition, on 
the part of millions, praying that the effusion of blood might be stayed, 
was not thought worthy of an answer ! The nefarious war continued. 
The ruins of Charlestown, Falmouth and Norfolk, towns not constructed 
for offence or defence, mark the humane progress of the royal arms 
so the ruins of Carthage, Corinth and Nuinantium proclaimed to the 
world, that justice was expelled the Roman Senate! On the other 
hand, the fortitude with which America has endured these civil and 
military outrages ; the union of her people, as astonishing as unprece 
dented, when we consider their various manners and religious tenets \ 
their distance from each other ; their various and clashing local inter 
ests } their self-denial ; and their miraculous success in the prosecution 
of the war ; I say these things all demonstrate that the Lord of Hosts 
is on our side ! So it is apparent, that the Almighty Constructor of the 
Universe, having formed this Continent of materials to compose a State 
preeminent iii the world, is now making use of the tyranny of the 
British rulers, as an instrument to fashion and arrange those materials, 
for the end for which, in his wisdom, he had formed them. 

In this enlightened age, humanity must be particularly shocked at a 
recital of such violences ; and it is scarce to be believed, that the Bri 
tish tyranny could entertain an idea of proceeding against America, by 
a train of more dishonorable machinations. But, nothing less than 
absolute proof, has convinced us, that in the carrying on the conspiracy 


against the rights of humanity, the tyranny is capable of attempting to 
perpetrate whatever is infamous. 

For the little purpose of disarming the imprisoned inhabitants of 
Boston, the King s General, Gage, in the face of day, violated the 
public faith, by himself plighted; and in concert with other Governors, 
and with John Stuart, he made every attempt to instigate the savage 
nations to war upon the Southern Colonies, indiscriminately to massacre 
man, woman and child. The Governors in general have demonstrated 
that truth is not in them ; they have enveigled negroes from, and have 
armed them against their masters; they have armed brother against 
brother, son against father! Oh, Almighty Director of the Universe ! 
what confidence can be put in a Government, ruling by such engines, 
and upon such principles of unnatural destruction ! a Government, 
that on the 21st day of December last, made a law, ex post facto, to 
justify what had been done, not only without law, but in its nature 
unjust ? a law to make prize of all vessels trading in, to, or from the 
United Colonies a law to make slaves of the crews of such vessels, 
and to compel them to bear arms against their conscience, their fathers, 
their bleeding country ! The world, so old as it is, heretofore had 
never heard of so atrocious a procedure ; it has no parallel in the regis 
ters of tyranny. But to proceed. 

The king s judges in this country refused to administer justice; and 
the late Governor Lord William Campbell, acting as the King s repre 
sentative for him and on his behalf, having endeavored to subvert the 
Constitution of this country, by breaking the original contract between 
king and people, attacking the people by force of arms ; having viola 
ted the fundamental laws ; having carried off the great seal, and having 
withdrawn himself out of this Colony, he abdicated the Government. 

Oppressed by such a variety of enormous injuries, continental and 
local, civil and military; and by divers other arbitrary and illegal 
courses ; all done and perpetrated by the assent, command, or sufferance 
of the king of Great Britain ; the representatives of South Carolina in 
Congress assembled, found themselves under an unavoidable necessity 
of establishing a form of Government, with powers legislative, execu 
tive and judicial, for the good of the people; the origin and great end 
of all just government. For this only end, the House of Brunswick 
was called to rule over us. Oh ! agonizing reflection ! that house ruled 
us with swords, fire and bayonets ! The British Government operated 
only to our destruction. Nature cried aloud self-preservation is the 
great law we have but obeyed. 

If I turn my thoughts to recollect in history, a change of govern- 


ment upon more cogent reasons; I say, I know of no change upon 
principles so provoking compelling justifiable. And in these re 
spects, even the famous Revolution in England, in the year 1688, is 
much inferior. However, we need no better authority than that illus 
trious precedent ; and I will, therefore, compare the causes of, and the 
law upon the two events. 

On the 7th of February, 1688, the Lords and Commons of England 
in Convention, completed the following resolution. 

" Resolved, That King James the Second having endeavored to sub 
vert the Constitution of the Kingdom, by breaking the original contract 
between king and people; and, by the advice of Jesuits and other 
wicked persons, having violated the fundamental laws; and having 
withdrawn himself out of this Kingdom, has abdicated the Govern 
ment, and that the throne is thereby vacant." 

That famous resolution, deprived James of his crown, and became 
the foundation on which the throne of the present king of Great Bri 
tain is built it also supports the edifice of Government which we have 

In that resolve, there are but three facts stated to have been done by 
James. I will point them out, and examine, whether those facts will 
apply to the present King of Great Britain, with regard to the opera 
tions of Government, by him or his representative, immediately or by 
consequence affecting this Colony. 

The first fact, is the having endeavored to subvert the Constitution 
of the Kingdom, by breaking the original contract. 

The violation of the fundamental laws is the second fact; and in 
support of these two charges, the Lords spiritual, and temporal, and 
commons, assembled at Westminster on the 12th day of February, 1688, 
declared that James was guilty ; 

"By assuming and exercising a power of dispensing with, and sus 
pending of laws, and the execution of laws, without consent of Parlia 

" By committing and prosecuting divers worthy prelates, for humbly 
petitioning to be excused from concurring to the said assumed power; 

" By issuing and causing to be executed a commission, under the 
great seal, for erecting a court, called, The Court of Commissioners for 
ecclesiastical causes ; 

" By levying money for and to the use of the crown, by pretence of 
prerogative, for other time, and in other manner, than the same was 
granted by Parliament ; 

" By raising and keeping a standing army within this Kingdom in 


time of peace, without consent of Parliament ; and quartering soldiers 
contrary to law , 

"By causing several good subjects, being Protestants, to be disarmed, 
at the same time when Papists were both armed and employed contrary 
to law "j 

" By violating the freedom of election of members to serve in Par 
liament ; 

" By prosecutions in the Court of King s Bench, for matters and 
causes cognizable only in Parliament; and by divers other arbitrary and 
illegal courses/ 

This declaration, thus containing two points of criminality breach 
of the original contract, and violation of fundamental laws I am to 
distinguish one from the other. 

In the first place, then, it is laid down in the best law authorities, 
that protection and subjection are reciprocal; and that these reciprocal 
duties form the original contract between king and people. It there 
fore follows, that the original contract was broken by James s conduct as 
above stated, which amounted to a not affording due protection to his 
people. And, it is as clear, that he violated the fundamental laws, by 
the suspending of laws, and the execution of laws ; by levying money ; 
by violating the freedom of election of members to serve in Parliament; 
by keeping a standing army in time of peace ; and by quartering sol 
diers, contrary to law, and without consent of Parliament ; which is as 
much as to say, that he did those things without consent of the Legis 
lative Assembly, chosen by the personal election of that people, over 
whom such doings were exercised. 

These points, reasonings, and conclusions, being settled in, deduced 
from, and established upon parliamentary proceedings, and the best 
law authorities, must ever remain unshaken. I am now to undertake 
the disagreeable task of examining, whether they will apply to the vio 
lences which have lighted up, and now feed the flames of civil war in 

James the Second suspended the operation of laws. George the 
Third caused the charter of the Massachusetts Bay to be in effect an 
nihilated ; he suspended the operation of the law which formed a Legis 
lature in New York, vesting it with adequate powers ; and thereby, he 
caused the very ability of making laws in that Colony to be suspended. 

King James levied money without the consent of the representatives 
of the people called upon to pay it. King George has levied money 
upon America, not only without, but expressly against the consent of 
the representatives of the people in America. 


King James violated the freedom of election of members to serve in 
Parliament. King George, by his representative Lord William Camp 
bell, acting for him and on his behalf, broke through a fundamental law 
of this country, for the certain holding of General Assemblies ; and 
thereby, as far as in him lay, not only violated, but annihilated the very 
ability of holding a General Assembly. 

King James in time of peace kept a standing army in England, 
without consent of the representatives of the people among whom that 
army was kept. King George hath in time of peace, invaded this Con 
tinent with a large standing army without the consent, and he hath kept 
it within this Continent, expressly against the consent of the represen 
tatives of the people, among whom that army is posted. 

All which doings by King George the Third respecting America, are 
as much contrary to our interests and welfare, as much against law, and 
tend as much, at least, to subvert and extirpate the liberties of this 
Colony, and of America, as the similar proceedings by James the 
Second operated respecting the people of England. For the same 
principle of law touching the premises, equally applies to the people of 
England in the one case, and to the people of America in the other. 
And this is the great principle. Certain acts done, over, and affecting 
a people, against and without their consent, expressed by themselves, or 
by representatives of their own election. Upon this only principle was 
grounded the complaints of the people of England ; upon the same is 
grounded the complaints of the people of America. And hence it 
clearly follows, that if James the Second violated the fundamental laws 
of England, George the Third, hath also violated the fundamental 
laws of America. 

Again, King James broke the original contract, by not affording due 
protection to his subjects, although he was not charged with having 
seized their towns, and with having held them against the people ; or 
with having laid them in ruins by his arms ; or with having seized 
their vessels ; or with having pursued the people with fire and sword ; 
or with having declared them rebels, for resisting his arms levelled to 
destroy their lives, liberties and properties ; but George the Third, hath 
done all those things against America, and it is, therefore, undeniable, 
that he hath not afforded due protection to the people. Wherefore, if 
James the Second broke the original contract, it is undeniable that 
George the Third has also broken the original contract between king 
and people ; and that he made use of the most violent measures by 
which it could be done violences, of which James was guiltless 
measures, carrying conflagration, massacre and open war amidst a 


people, whose subjection to the King of Great Britain, the law holds to 
be due, only as a return for protection. And so tenacious and clear is 
the law upon this very principle, that it is laid down, subjection is not 
due even to a king de jure or of right, unless he be also king de facto, 
or in possession of the executive powers dispensing protection. 

Again, The third fact charged against James, is, that he withdrew 
himself out of the Kingdom ; and we know that the people of this 
country have declared, that Lord William Campbell, the King of Great 
Britain s representative, " having used his utmost efforts to destroy the 
lives, liberties, and properties of the good people here, whom, by the 
duty of his station, he was bound to protect, withdrew himself out of 
the Colony/ Hence it will appear, that George the Third hath with 
drawn himself out of this Colony, provided it be established, that 
exactly the same natural consequence resulted from the withdrawing, in 
each case respectively, King James personally out of England, and 
King George out of Carolina, by the agency of his substitute and repre 
sentative Lord William Campbell. By King James s withdrawing, the 
executive magistrate was gone, thereby, in the eye of the law, the 
executive magistrate was dead, and of consequence, royal government 
actually ceased in England. Sc, by King George s representatives 
withdrawing, the executive magistrate was gone, the death in law 
became apparent, and of consequence, royal government actually ceased 
in this Colony. Lord William withdrew as the King s representative, 
carrying off the great seal and royal instructions to governors, and act 
ing for and on the part of his principal, by every construction of law, 
that conduct became the conduct of his principal ; and thus, James the 
Second withdrew out of England ; and George the Third withdrew out 
of South Carolina; and by such a conduct respectively, the people in 
each ^country were exactly in the same degree injured. 

These three facts against King James being thus stated and compared 
with similar proceedings by King George, we are now to ascertain the 
result of the injuries done by the first, and the law upon that point; 
which, being ascertained, must naturally constitute the judgement in 
law, upon the result of the similar injuries done by the last; and I am 
happy that I can give you the best authority upon this important point. 

Treating upon this great precedent in constitutional law, the learned 
Judge Blackstone declares, that the result of the facts " amounted to 
an abdication of the Government, which abdication did not affect only 
the person of the King himself, but also, all his heirs ; and rendered the 
Throne absolutely and completely vacant." Thus it clearly appears, 
that the Government was not abdicated, and the Throne vacated by the 


resolution of the Lords and Commons ; but, that the resolution was only 
declaratory of the law of nature and reason, upon the result of the inju 
ries proceeding from the three combined facts of maladministration. 
And thus, as I have on the foot of the best authorities made it evident, 
that George the Third, King of Great Britain, has endeavored to sub 
vert the Constitution of this country, by breaking the original contract 
between King and People ; by the advice of wicked persons has violated 
the fundamental laws, and has withdrawn himself by withdrawing the 
constitutional benefits of the Kingly office, and his protection out of this 
country. From such a result of injuries, from such a conjuncture of 
circumstances, the law of the land authorizes me to declare, and it is 
my duty boldly to declare the law, that George the Third, King of 
Great Britain, has abdicated the Government, and that the Throne is 
thereby vacant ; that is, he has no authority over us, and we owe no 
obedience to him. The British Ministers, already have presented a 
charge of mine to the notice of the Lords and Commons in Parliament; 
and I am nothing loath that they take equal resentment against this 
charge. For, supported by the fundamental laws of the Constitution, 
and engaged as I am in the cause of virtue I fear no consequences from 
their machinations. 

Thus having stated the principal causes of our last revolution, it is as 
clear as the sun in Meridian, that George the Third has injured the 
Americans, at least as grievously as James the Second injured the peo 
ple of England ; but that James did not oppress these in so criminal a 
manner as George has oppressed the Americans. Having also stated 
the law on the case, I ain naturally led to point out to you, some of the 
great benefits resulting from that revolution. 

In one word, then, you have a form of government in every respect 
preferable to the mode under the British authority ; and this will most 
clearly appear by contrasting the two forms of Government. 

Under the British authority, Governors were sent over to us, who 
were utterly unacquainted with our local interests, the genius of the 
people, and our laws ; generally, they were but two much disposed to 
obey the mandates of an arbitrary Minister; and if the Governor be 
haved ill, we could not by any peaceable means procure redress. But, 
under our present happy Constitution, our executive Magistrate arises 
according to the spirit and letter of Holy Writ " their Governors shall 
proceed from the midst of them," Thus, the people have an opportu 
nity of chosing a man intimately acquainted with their true interests, 
their genius, and their laws ; a man perfectly disposed to defend them 
against arbitrary Ministers; and to promote the happiness of that 


people from among whom tie was elevated, and by whom, without the 
least difficulty, he may be removed and blended in the common mass. 

Again, under the British authority, it was in effect declared, that we 
had no property ; nay, that we could not possess any, and that we had 
not any of the rights of humanity ; for men who knew us not, men who 
gained in proportion as we lost, arrogated to themselves a right, to bind 
us in all cases whatsoever I But, our Constitution is calculated to free 
us from foreign bondage ; to secure to us our property ; to maintain to 
us the rights of humanity; and to defend us and our posterity, against 
British authority, aiming to reduce us to the most abject slavery ! 

Again, the British authority declared, that we should not erect 
Slitting Mills ; and, to this unjust law we implicitly and respectfully 
submitted so long, as with safety to our lives, we could yield obedience 
to such authority ; but a resolution of Congress now grants a premium 
to encourage the construction of such mills. The British authority dis 
couraged our attempting to manufacture for our own consumption ; but, 
the new Constitution, by authorizing the disbursement of large sums of 
money by way of loan, or premium, encourages the making of iron, bar- 
steel, nail-rods, gun-locks, gun-barrels, sulphur, nitre, gunpowder, lead, 
woolens, cottons, linens, paper and salt. 

Upon the whole, it has been the policy of the British authority, to 
oblige us to supply our wants at their market, which is the dearest in 
the known world ; and to cramp and confine our trade so as to be sub 
servient to their commerce, our real interest being ever out of the ques 
tion. On the other hand, the new Constitution is wisely adapted to 
enable us to trade with foreign nations, and thereby, to supply our wants 
at the cheapest markets in the universe ; to extend our trade infinitely 
beyond what it has ever been known; to encourage manufacturers 
among us ; and it is peculiarly formed to promote the happiness of the 
people, from among whom, by virtue and merit, the poorest man may 
arrive at the highest dignity. Oh Carolinians ! happy would you be 
under this new Constitution, if you knew your happy State. 

Possessed of a Constitution of Government, founded upon so generous, 
equal and natural a principle -a Government expressly calculated to 
make the people rich, powerful, virtuous and happy ; who can wish to 
change it, to return under a royal government ; the vital principles of 
which, are the reverse in every particular ! It was my duty to lay this 
happy Constitution before you, in its genuine light ; it is your duty to 
understand, to instruct others, and to defend it. 

I might here with propriety quit this truly important subject, but my 
anxiety for the public weal, compels me yet to detain your attention, 


while I make an observation or two, upon one particular part of the 

When all the various attempts to enslave America, by fraud, under 
guise of law ; by military threats ; by famine ; massacre ; breach of 
public faith, and open war ; I say, when these things are considered on 
the one hand ; and on the other, the Constitution, expressing that some 
mode of Government should be established, " until an accommodation 
of the unhappy differences between Great Britain and America, can be 
obtained, an event which though traduced and treated as rebels, we still 
ardently desire :" I say when these two points are contrasted, can we 
avoid revering the magnanimity of that great Council of the State, who 
after such injuries, could entertain such a principle ! But, the virtuous 
are ever generous ; we do not wish revenge ; we earnestly wish an 
accommodation of our unhappy disputes with Great Britain ; for, we 
prefer peace to war. Nay, there may be even such an accommodation, 
as excluding every idea of revenue by taxation or duty, or of Legisla 
tion, by Act of Parliament, may vest the King of Great Britain with 
such a limited dominion over us, as may tend, bona fide, to promote 
our true commercial interests, and to secure our freedom and safety 
the only just ends of any dominion. But, while I declare thus much 
on the one side, on the other, it is my duty also to declare, that in my 
opinion, our true commercial interests cannot be provided for, but by 
such a material alteration of the British Acts of Navigation, as, accord 
ing to the resolve of the Honorable the Continental Congress, will 
11 secure the commercial advantages of the whole Empire to the mother 
country, and the commercial benefits of its respective members/ And, 
that our liberties and safety cannot be depended upon, if the King of 
Great Britain should be allowed to hold our forts and cannon, or to 
have authority over a single regiment in America, or a single ship of 
war in our ports. For if he holds our forts, he may turn them against 
us, as he did Boston against her proprietors ; if he acquires our cannon, 
he will effectually disarm the Colony ; if he has a command of troops 
among us, even if we raise and pay them, shackles are fixed upon us ; 
witness Ireland and her national army. The most express Act of Par 
liament cannot give us security, for Acts of Parliament are as cheaply 
repealed as made. Royal proclamations are not to be depended upon ; 
witness the disappointments of the inhabitants of Quebec and St. Au 
gustine. Even a change of ministry will not avail us, because notwith 
standing the rapid succession of ministers for which the British Court 
has been famous during the present reign, yet the same ruinous policy 
ever continued to prevail against America. In short I think it my duty 


to declare in the awful seat of Justice and before Almighty God, that in 
my opinion, the Americans can have no safety but by the Divine favor, 
their own virtue, and their being so prudent, as, not to leave it in the 
power of the British rulers to injure them. Indeed the ruinous and 
deadly injuries received on our side; and the jealousies entertained, and 
which, in the nature of things, must daily increase against us on the 
other, demonstrate to a mind, in the least given to reflection upon the 
rise and fall of Empires, that true reconcilement never can exist between 
Great Britain and America the latter being in subjection to the former. 
The Almighty created America to be independent of Britain; let us 
beware of the impiety of being backward to act as instruments in the 
Almighty hand, now extended to accomplish his purpose ; and by the 
completion of which alone, America, in the nature of human affairs, can 
be secure against the craft and insidious designs of her enemies who 
think her prosperity and power already by far too great. In a word, 
our piety and political safety are so blended, that to refuse our labors in 
this divine work, is to refuse to be a great, a free, a pious and a happy 
people ! 

And now having left the important alternative, political happiness or 
wretchedness, under God, in a great degree in your own hands, I pray 
the supreme Arbiter of the affairs of men, so to direct your judgment, as 
that you may act agreeable to what seems to be his will, revealed in his 
miraculous works in behalf of America, bleeding at the altar of liberty. 


[Printed Circular.] 


At a Court of General Sessions of the Peace, Oyer and Terminer, 
Assize and general Gaol Delivery, begun to be holden in and for the 
District of Charlestown, at Charlestown in the Colony aforesaid, on 
Tuesday the 23rd day of April, in the year of our Lord one thousand 
seven hundred and seventy-six. 

I. Fully sensible and thoroughly convinced, that to live in a society 

without laws or a proper execution of them, to restrain the licentious 

nature of mankind, is the greatest misery that can befall a people, and 

must render any body of men in such a situation, but little superior to 



a herd of brutes ; and being no less sensible that it was the scheme of 
a corrupt nefarious administration in Great Britain, to reduce the good 
people of this Colony to that wretched situation, from a want of officers 
to execute the laws, those whom they had appointed having refused to 
act in their respective stations, that through the evil effects of anarchy 
and confusion, the people might become an easy prey to the cruel 
designs of their insidious enemies; while we lament the necessity 
which has obliged the people to resume into their hands, those powers 
of government which were originally derived from themselves for the 
protection of those rights which God alone has given them, as essen 
tial to their happiness; we cannot but express our most unfeigned 
joy in the happy Constitution of the Government now established in 
this Colony, which promises every blessing to its inhabitants, which a 
people endued with virtue, and a just regard to the rights of mankind 
could desire. "With gratitude to the Divine Ruler of human events, 
and with the most pleasing expectations of happiness from a Constitu 
tion so wise in its nature, and virtuous in its ends, being founded on 
the strictest principles of justice and humanity, and consistent with 
every privilege incident to the dignity of a rational being, we cannot 
but declare we think every opposition to its operations, or disregard to 
its authority, the foulest criminality a mortal can be guilty of, highly 
offensive in the eyes of God, and of all just men, and deserving the 
most exemplary punishment. 

We cannot but deplore the unhappy situation of any few amongst the 
people of this Colony, who, through an ignorance of their true interests 
and just rights, and from a want of proper information of the real 
truth, may be misled by the armistice and cunning of their false and 
designing enemies, from a real sense of those benefits, which our present 
Constitution has so amply provided for ; benefits which are not confined 
or limited to any ranks or degrees of men in particular, but generally, 
equally and indiscriminately extending to all, from the richest to the 
poorest, and which time and a little patient experience must soon 

Every good citizen must be happy in the consideration of the choice 
of those officers, appointed in the administration of our present Govern 
ment, as well in the impartial mode of an appointment arising from 
the people themselves, and the limited duration of their power, as in 
their personal characters as men, justly beloved and revered by their 
country, and whose merits and virtues entitle them to every pre 

Filled with these sentiments, arising from mature deliberation, and 


the most impartial inquiry, we must further declare, that blessings such 
as these we have before enumerated, are too inestimable to be lost, and 
that nothing in nature can repay the least violation of them ; and 
although an accommodation with the power which attempts to destroy 
them may be highly worthy of attention, and upon principles truly 
honorable, of obtaining; yet we think it a sacred duty incumbent upon 
every citizen to maintain and defend with his life and fortune, what is 
given and entrusted to him by the hand of Providence, not for his own 
good only, but for the lasting happiness of posterity a trust which no 
law can ever annul, which is the grand principle of existence, and the 
source of every social virtue. 

II. We present as a grievance intolerable to the spirit of a people 
born and nurtured in the arms of freedom, and (though ever submissive 
to the just mandates of legal authority), holding every oppression as 
detestable, the unjust, cruel and diabolical acts of the British Parlia 
ment, not only declaring the good people of the United Colonies of 
North America rebels, for defending those invaluable rights, which no 
human power can lawfully divest them of, but making all murders, 
rapines, thefts, robberies, and other inhuman oppressions, done before 
the passing of those acts without authority, and which were after the 
passing the said acts to be done by the British forces in these Colonies, 
legal and warrantable, to the eternal disgrace and indelible infamy of 
a kingdom once renowned for her justice, honor and humanity, but now 
meanly descending to that wanton profligacy which even savages abhor. 

III. We present as a very great grievance, the indulgence allowed to 
all those who are inimical to the liberties of America and the opera 
tions of the united Colonies amongst us in suffering them" to reside here, 
and be admitted to intercourses dangerous to the peace and welfare of 
this Colony. 

IV. We present that the public oaths directed by an act of the 
General Assembly, passed since the forming of our present Constitution, 
to be administered to those exercising public offices, trusts, and profes 
sions, are not administered to such of the clergy as are included in the 

V. We present that the times at which the several parochial commit 
tees meet, or are appointed for their meeting, are not made public ; and 
we do recommend that they do publish the same in the public papers, 
that all persons who are desirous of obtaining leave to sue for debts, 
may know when to apply. 

VI. We present as a great grievance, more particularly at this time, 
the want of due attention to the roads and ferries in this Colony ; many 


of the roads not being sufficiently wide and worked upon agreeable to 
law, and the ferries in general not having boats sufficient to forward 
passengers upon any emergent occasion. 

VII. We present as a grievance the too frequent forestalling out of 
the wagons coming from the back parts of the country, the many 
necessaries of life, by which the good inhabitants of this town are 
obliged to pay most exorbitant prices for the same \ and, with submis 
sion, would recommend a place to be appointed for the sale of bacon, 
flour, butter, and other such necessaries brought to town in carriages, 
to be regulated by the market act. 

VIII. We present the want of a proper person by law to oblige the 
sellers of blades and hay ; to weigh the same at a public scale. 

JONATHAN SCOTT, Foreman. [L.S.] 




















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