The royal gazette — [Charleston] S.C., 1782-07-10 00:00:00, page 1

To the Printers of the Royal Gazette.
Gentlemen,
AL FTER much difficulty and trouble I have at length
obtained a printed copy of the laws that were made
by the Assembly at Jackfonburgh. I now fend them to you,
With the request that you will reprint in your Paper the
two ads which relate to the connfeation and amercement
of the estates of the Loyalists. The cruelty, injustice and
iniquity of these proceedings are fu fficient reasons for the Re
bels desiring to conceal them : For though Rutledge and Ma
thewes have taken infinite pains to train the people of this
country to their purposes ; they have not yet succeeded to their
wish. They have indeed taught them boldly to plunge daggers
into the breasts of the innocent and unarmed ; but they have
not yet brought them to smile at the bloody deeds of their
own hands.
When these ads mail be publickly and generally known, no
one will be at a loss to discover the unprecedented injustice of
depriving a helpless child of his property, because his father
had removed to Britain on account of health, or feme other
convenience, before the commencement of the rebellion, and
bad died there without previously obtaining pardon for so enor
mous an offence from the Governours Rutledge or Mathewes;
no will the cruelty appear less plain of confifeating the estates of
t' - heirs or devifees of perlons, who had not lived long enough
to take part in an nnjuftifiable revolt.—l shall therefore fay no
thing on theft meafurcs, as it would be as fruitlefs to expose
their iniquity as to attempt to increase the light afforded by the
noon-day fun. With refpe& however, to many other persons
whoft nar e are subjoined to the ads I have mentioned, some
thing mufibe said to give the world an idea of their fituatiou,
act to pove that their crime, which is deemed so heinoi/ by
A rrerican Vebels as to merit, with refped to some, heavy fines
on Ibeir property, and to others a total confifeation with ba
li me t is only their being persons of honour and probity.
It ha been repeatedly, and always justly observed, that this
p. ^ \irct va as completely conquered in the year 1780, by his
Majesty sfices asany country could possibly be. The capital
and , very ot her ft rong poftin its whole extent was in their posses
sion; all refinance was found ineffectual to stop their progress,
or rep-.fr their power. Several members of the Council, who
had let this place while besieged, in order to keep up the ap
pea'anct of government in the interior parts of the country,
and 10 raifr a force, cither to relieve the capital or retake it,
furr^nt ered themselves to the mercy of the conquerors, from
a ermviaion of the futility of their scheme. Rutledge him
ftlf, at that time Governour, advised many of his adherents
to make their submission ; and was even known to declare that
le v a* prevented from taking the fame step himfelf, by nothing
but the dread of not being received. In this posture of affairs,
what were the inhabitants at large to do? Had they formed
a pa t of an empire long and universally acknowledged inde
pendent, they could not have hesitated a moment in submitting
on the belt terms they could obtain. Circumffanced as they
were, the revolted fubjedts of tne Power which had conquer
ed them, had they not a Wronger reason to submit than if they
had been in the former case ? They certainly had; and no fo
pbiftry can explain away, nor fallhood conceal, the force of
this felf-evident proportion.
Having fixed on a firm balis, one part of my argument, I
fliall immediately pass to the other. I have maintained that
we were not only at liberty to chufe a government for ourselves
when we were defected by that under which we had formerly
lived, but that we were also bound by gratitude for not being
treated as subdued rebels, to return to the allegiance we
owed to our gracious Sovereign. I no<w maintain that as men
of private honour and pi obity, independent of any confiderati
orof duty or other publick tie, we were bound to adhere to
the engagements we had entered into with the commanders of
& s Majesty's armies.—After the conqueftof this province there
Vere two objects in our choice, either to remain prisoners of
v r, or to become fubjeds to Great-Britain. We preferred
the latter; but this could not have been through force, as we
h n l ar alternative in our power, and a man of honour admits
o' no necessity for doinga wrong addon, but what arises from
<10)4116 on. Having therefore voluntarily espoused a publick
cause, we would have forfeited all pretensions to integrity and
good fai hby deferring it. Such is the plain sentence of the
vrbiaffed feelings of mankind ; but plain as it is, it has not
been, nor will it be attended to, by the abandoned advocates
of rebellion, I must therefore meet them qu tlieir own
ground, and draw the proofs of their condemnation from the
precedents they themselves have established.
After General Prevoft had retired from this country in
the year 1779, did not Rutledge attempt to bring to pu
nishment a number of persons who had not hastened to
town, when an attack upon it was threatened ; and did he
not proceed so far in this matter as to bring down with
sorrow to the grave the grey hairs of his old matter and bene
fa&or ; ofthe man who had supported his family and advanced
the money which enabled himfelf to prosecute his studies in
England? When Sir Henry Clinton appeared before this
place in 1780, was there not a Mr. Ballantyne put to death
only on suspicion of his having attempted to join the standard
of his sovereign ? After the town was closely inverted and the
rebel force in the country had been dispersed ; when the whole
Province except this garrison, was open to the Royal army;
if any person had deserted it, would it not have been deemed
a base and a treasonable action, and punched as such if the
supposed offender had been taken ? These things no one among
them will deny; and if they are granted, will it then be afferied
that Rebels have a right to demand from us a more stria com
pliance with our engagements, than our lawful Sovereign;
that to desert the former is to be reckoned infamous, and to be
punished with death, while a breach of the latt< r is to be com
mitted with impunity, and even thought justifiable ? These are
questions which a man of the most common understanding
would think himfelf affronted by being desired to answer.
As by remaining firm to our engagements we have perform
ed what we voluntary promised, and as by deferring them
we would have been guilty of perjury and ingratitude, we
leave the unprejudiced world to judge whether our conduct
has deserved of any enemy the severe treatment we have re
ceived. We have been told thatwe must either become villains
or be ruined in our fortunes ; to the latter we have submitted.
We trust however in the goodness of our Sovereign, and
in the repeated promises of his servants to support and protest
Rn V A T ®B^M#^E^ so A 7 to rnrrv-i /
U I ALGAZKII
—— — 1 — -
From WEDNESDAY, J ULY 10 , to SATURDAY, Jury „ 2 .
SOUTH-CAROLINA: Printed by R. WELLS & SON, Printers to the King's Most Excellent Majesty.
Vol. It
us, that it is only for a time we are to be deprived of the en
joyment of what is our own.—But however this may be, let
no one hereafter be deceived with the pretensions of American
Rebels to virtue; but let him impute, and he will then aft
justly, the whole series of their actions to causes of which
Honour formed no part; to the desire of power, a lust after
the wealth of others, and an enmity to every thing which
could remind them of the obligations they lay under to the
country, from which they sprung, and which had conducted
them to a state of prosperity unknown before in the history of
Mankind. It is thus that vain upttarts, firfl: strive to forget
their ancient benefactors by imputing their success in the world
to their own merit, and afterwards get rid of the trouble and
expence of making grateful returns bv becoming their most im
placable enemies. A SUFFERING LOYALIST..
Charlestown, yul, 12, 1782.
An ACT for dfyofozg of certain EJlates and bani/bing certain
Persons therein mentioned,
Sehhon 1. YTTHEREAS the thirteen British colonies (now the
VV United States) of America, were by an act of
the Parliament of Great- Britain, passed in or about the month of De
cember, in the year of our Lord, one thoufarid seven hundred and
feventy-fivc, declared to be in rebellion, and out of the protection of
the British Crown, and by the said a& not only'the property of the
colonies was declared fubjedt to seizure and condemnation, but divers
seizures and deftrudlion of their property having been made after the
nineteenth day of April, Anno Domini, one thousand seven hundred
and feventy-five, and before the palling of the said add, such seizures
and deftru&ion were by the said aiff declared to be lawful. And
whereas the good people of thefts States, having not only luffered
great losses and damages by captures of their property on the sea by
the (objects of his Britannick Majesty, but by their seizing and carry
ing off much property taken on the land. In consequence of such
proceedings of the British Crown and those anting under its authority,
the honourable Congress of the United States, after due and mature
consideration, authorifed the seizing-and condemnation of all proper
ty found on the sea, and belonging to the fubje&s of Great-Britain,
and recommended to the several States in which such fubjeHs had pro-
P c "U '? confiscate the fame for the publicly use; all political con
nection between Great-Britain and the United States having been dif
folyed by the reparation of these States from that kingdom, and their
declaring themselves free and independent of her. In pursuance of
which recommendation, most (if not all) have disposed of such pro
perty for the publick use. AND whereas notwithstanding this State
'," forborne even ro fequefler the profits arising from the estates of
British fubje&s, the'enemy in violation of the most solemn capitula
tions and publicly engagements, by which the property of individuals
was secured to them; seized upon, sequestered, and applied to their
own use, not only in several infiances the profits of the tdates, but in
otaer instances the eflates themselves, of the good citizens of this
State, and have committed the most wanton andgwilful waste of pro
perty, b. th real and pcrfonal, to a very considerable amount.
AND WHEREAS from a proclamation of Sir Henry Clinton, de
claring, that if any persons fliould appear in arms, in order to prevent
the eftabliihment of his Britannick Majesty's government in this coun
try, such persons fliould be treated with the utmost severity, and
their effaces be immediately seized in order to be conftfeated. AND
WHEREAS from a letter of Lord Rawdon to Lieutenant-Colonel
R u K e ''Y, declaring, that every militia-man, who did not use his
utmost endeavours to apprehend deserters, fliould be punished in such
manner, as his lordship fliould think adequate to such offence, by
whipping, imprisonment, or being sent to serve his Britannick Ma
jesty in the Wefl-Indi€§; from Earl Cornwallis's letter to lieutenant-
Colonel Cruger, bearing date the eighteenth of August, one tlion
fand seven hundred and eighty, declaring that he had given orders,
that all the inhabitants who had submitted, and who had taken part
with their countrymen in the firft a&ion near Carnden, (although such
fubmiflion was an acf of force or necessity,) fliould be punished with
the greatest rigour, that they fliould be imprisoned, and their whole
property taken from them, or destroyed. And that he had ordered
in the most positive manner, that everv militia man, who had borne
arms on the part of his Britannick Majesty, and who had afterwards
joined his fellow citizens, (although he had been compelled to take
up arms against them,) should be immediately hanged, and ordering
the said Lieutenant-Colonel Cruger to obey, these directions, in the
didrirt which he commanded, in the ftri&eft manner; and from the
general tenor of the enemy's conduct, in their wilful and wanton
waste and deftru&ion of property as aforefaid, committing to a cruel
imprisonment, and even hanging, and otherwise putting to death in
cold blood, and in an ignominious manner, many good citizens, who
had surrendered as prisoners of war: It is evident that it Was the fixed
determination of the enemy, notwithffanding their profeffions to the
contrary, to treat this State as a conquered country, and that the in
habitants were to expert rh e utmof ffeverities, and to hold their lives,
liberties, and properties solely at the will of his Britannick Majesty's
officers. •
Sc/l 2. AND it is therefore inconsistent with publick justice and
policy to afford protection any longer to the property of British fub
je&s, and just and reasonable to apply the fame towards alleviating
and leflening the burdens and expenecs of the war, which muff other
wise fall very heavy on the distressed inhabitants of thigtate.
Sect. 3. He it therefore enabled Ar tbe honourable the Senate and Hoofe
of Reprefatatives met in General Assembly, and b) the authority of the fame,
I hat all the real estates, either in possession, reversion or remainder,
of the several persons whose names are mentioned in the lift, number
one, hereunto annexed, known to be fubjerts of his Britanniclc Ma
jeffy, shall be, and the fame are hereby veiled in five commissioners,
to be chosen by ballot by the senate and house of representatives, and
the survivors and survivor of them, and the heirs and assigns of such
survivor; and they are hereby declared to be fully seized and possessed
thereof, for such term as the said persons severally hold therein, in:
trust, and to, and for the several uses, intents and purposes herein
after mentioned.
Sedt. 4. And be it further enabled by tie «utbori!, aforefaid, That all
the personal eflates, (debts excepted) of the persons named on the said
lift, number one, shall be, and the fame are hereby veiled in the said
commissioners, and the survivors and the survivor of them, his exe
cutors, administrators and afligns, who are hereby declared to be
fully possessed thereof, for such term or interest, as such persons have
refpe&ively therein, in trust, and for the uses, intents and purposes
herein after mentioned.
S,e7. $. And be it further enabled by tie authority aforefaid. That the
said commissioners or a majority of them, shall as soon as may be, fell
and dispose of the said estates, both real and personal, (except as is
herein after excepted,) at publick aurtion, giving fix weeks notice of
the times and places of intended sales, on credit of five years, the pur
chase money to be paid in specie, with interest of seven per centum,
per annum, % also payable in specie, at the expiration of each year:
And that they shall take bonds with fufficient landed security in this
State, for the said pufchafe money, which bonds and securities shall
be taken in the name of the treasurers in trull for the use of the State,
and delivered over by the said commissioners to the said treasurers.
Seft. 6. And be it further enafted by the authority aforefaid. That the
said commiffiouers or a majority of them, and the survivors and fur
tHE
vivor of such majority are, and is hereby empowered and required to
execute fufficient titles and conveyances for vesting the estates and.
property, which may be fold by thefaid commissioners, or a majority
of them as aforefaid, in the persons who shall refpe&ively purchase the:
lame; their heirs, executors, administrators and assigns, refpedtivel,
lor the term for which they were fold.
I"'^°/' AND WHEREAS upon the dissolution of the connertiork
which formerly subsisted between Great-Britain and the Colonies,
n ° w the United States of America, the General Assembly thinking it:
necefiary to establish a tell of fidelity; required that all persons who
held commissions under the British government, or Were fufpe&ed
by the Governour and Council of holding principles inimical 'to the
a'" liberties of America, should take an bath profeffing their
allegiance : and afterwards by another art of assembly it was enarted
that all the inhabitants of this state who owed allegiance thereto;
fliould take an oath profeffing such allegiance; and that upon such
persons relufing t® take the said oath, he should quit the State within
a certain time, and never return thereto, and such persons return,
was declared to be a capital offence. AND WHEREAS sundry per
sons who refufed to take the said oath have neglected to fell their
estates, or have returned and acquired estates.
^7. 8. Be it therefore enacted by the authority aforefaid, That all
the estates and property both real and personal, of all persons ex
cepting these who were prevented from complying with the laws
above-mentioned by death, who have negleded to fell their estates,
or who have returned since and acquired estates, shall be,' and
they are hereby veiled in the commissioners aforefaid, in the
lame manner for the like uses and purposes as the estates and pro-
P crt Y ° f the persons named on the said lift, number one; And
that the said commissioners shall be veiled with the fame power rela
:?' an ''" in ''" ' ame Banner in every refpert touching the
d ,1,,0n of the estates of the persons last above described, as of
thole above-mentioned.
,3eß. 9. AND WHEREAS divers persons, inhabitants of, and
owing allegiance to this State, in the year of our Lord, one thousand
seven hundred and seventy-nine, withdrew from their allegiance and
™ d took up arms with the enemy; which offence by
an art of the General Assembly, commonly called “ the sedition art,
palled on or about the fixih day of April, one tlioufand seven hun
dred and feyenty-fix, was declared to be a capital offence, and to
work a forfeiture of life and estate; and although such persons, were
by proclamations|of|his Excellency the Governour and Commander in
Chief, summoned and required by name to surrender themselves to a
magistrate within forty days after the refpertive dates of those pro
clamations, in pursuance of an Ordinance of the General Assembly,
palled the twentieth day of February, one thousand seven hundred
and seventy-nine, entitled "An Ordinance to prevent persons with
drawing from the defence of this State to join the enemies thereof,"
tinder the pains and penalties mentioned in the said ordinance, which
were outlawry of their persons, and forfeiture of their estates, yet
few or none ot such persons did surrender themselves to a magistrate,
as required by the said proclamations.
Seed. 10. Be it therefore enacted by the authority aforefaid, That all
and singular the several matters and tilings herein before enabled,
shall extend, and be construed to extend, to the estates and property
both real and personal of the persons mentioned in the said proclama
tions; which estates shall be, and they are hereby veiled in the com
missioners aforefaid, in th, fame manner, and for the like uses and
P u ,P°f es ' as the estates and property of the persons named in the
laid, lift, number one: And that the said commissioners shall be veiled
with the fame power relative to, and art in the fame manner in
every refpert touching the dispositions of the estates of the persons
lad above-mentioned, as of those firfl above-mentioned: Provided al
ways neveithelefs, that nothing herein contained shall extend, or be
construed to extend, to Inch of those perlons as have returned to their
allegiance, and borne arms in the defence of this State, before the
twenty-seventh day of September last, and have continued so to do,
and shall give fatisfartory proof to the said commissioners of their
having done so.
Sect. It. AND WHEREAS some of the citizens of this State,
whose names arc mentioned in the lift, number two, did immediate
ly after the furrendcr of the garrison of Charlefewn, withdraw
themselves from the allegiance which they owed to their country;
and desirous of evincing their attachment to the King of Great-Bri-"
tain, congratulated Sir Henry Clinton and Mariot Arbuthnot, Esq;
on the reduction of that fortrefs. Others whose names are mention
ed on lift, number three, and who also withdrew themselves from
their allegiance, anxiously desirous of establishing the British govern
ment in this State, did request to be embodied, and to be permitted
to serve as Royal Militia, Others whose names are mentioned on lift;
number four, were so thoroughly attached to the British interest,
and so 101 l to the feelings of humanity and their duty to the State, aa
to congratulate the Earl Cornwallis on the success pf his Britannick.
Majesty's arms, and to glory in the blood of their countrymen,
which had been ffied by the hands of the enemies to the independence
of America. And some whose names are mentioned on lift, number
five, Hill, hold or have held commilhons under his Britannick Majefty,-
and are now with the enemy; all of which offences by the said fedi^
tiun act are declared co be capital. AND WHEREAS the peace and
fafety of this State require, that proper examples should be made of 4
fucla atrocious offenders, who have hitherto fhewh themselves inca- a
pable of reformation;
Seed. 12. Be it therefore enabled by the authority aforefaid, That all /
and singular the several matters and things herein before enabled.'
shall extend, and be construed to extend, to the eftates,and property''
both real and personal, of the persons mentioned in the said lifts,
number two, three, four and five, which estates shall be, and they
are hereby veiled in the commissioners aforefaid, in the fame manner
and for the like uses and purposes, as the estates and property of the fa
persons named on the.faid lift, number one. And that the said com-;}
miffionefs shall be vested with the fame power relative to, and art in /
the fame manner in every refpert, touching the disposition of the
estates of the persons last above-mentioned, as of those firfc above-'
mentioned.
Sect; 13. AND WHEREAS the persons mentioned on the lift'
number fix, have not only voluntarily avowed their allegiance to hi:,
Britannick Majesty, but by the general tenor of their condurt, ma
mfeltcd tlieir attachment to the British government, and provec
themselves inveterate enemies of this State;
Seft. 14. Be it therefore enabled by the authority aforefaid,Ttat all am
singular the several matters and tilings herein before enabled, shall ex
tend, and be construed to extend, to the estates and property, botl
real and personal, of the persons mentioned in the said lift, ntimbq
fix; which estates shall be, and they are hereby vested in the commi
fibners aforefaid, in the fame manner, and for the like uses and put •
poses, as the estates and property of the persons named on the fah
lift, number one; and that the said commissioners shall be Yefte.
with the lame powers relative to, and art in the fame manner in every
refpert, touching the difp fition of the estates of the persons la
above described, as of those firft above-mentioned.
# '^Z 15- AND although the lives as well as the fortunes of ts
persons mentioned on the said lifts, dumber two, three, four ar
five, are by law, forfeited for the offences aforefaid; yet 'in order
avoid, if possible, sanguinary measures, and to extend to those pe \
lons as much mercy as may be consistent with justice to the publick'
Sect. 16. Be it further enaßed by the authority aforefaid. That inftea
Numb, rtf