The royal gazette — [Charleston] S.C., 1782-04-03 00:00:00, page 3

Hon, nor would he even have mentioned his nitre, had not the noble
Earl, high in office, set him the example. Whether Lon Rawdon
deserved well or ill of his country, his conduct, generally considered,
was not now before the House. His particular behaviour in re
gard to the execution of Col. Hayne was the matter which became
properly the obje& of investigation, and which, with all the rest of
the relative fa&s, must be enquired into. For the present, undoubt
edly he should attend to the advice of the noble Earl in office, and
wait with patience till a fit moment arrived for proceeding with the
enquiry; in the mean time, he should move for such matters as were,
likely to be necessary, but he begged their Lordships in general to
be assured, that he wished not prematurely or precipitately to enter
upon the main obje& ; nor would he ever bear to be told without
making some, that when a Peer of that House called for an enquiry,
warranted upon the face of the general appearance of fadls, as far a^
they could be afeertained, if he pursued his purpose, the character of
either this or that officer would be hung up in doubt, and such and
such suspicions, injurious to his reputation, would be generated in
the minds of the publick. The calling for an enquiry, let who would
be involved in the conft quences, or likely to be involved in them,
was, as their Lordships well knew, perfectly parliamentary. Every
officer must be aware that his whole conduct was amenable to the
scrutiny of either House of Parliament ; neither he nor his friends,
therefore, h?d any right to complain of hardship, when an enquiry
was moved. If an officer had difeharged bis duty faithfully, the
more his condu& was investigated, the greater and more illustrious
Would his character appear. If he had a&ed improperly, and the
publick reputation was slurred by his behaviour, the publick had
a right to know rhe fa&, and to let the blame rest where it
ought. His Grace said if Lord Rawdon was so competent a witness
as he had been described he wished to know how it happened that
Ministers had never qu ftioned him upon the fubje&, when in Lon
don, by which means they might have been able to have given the
H mfe some fiti faction, even in Lord Rawdon 1 absence r Report,
however, afferred, that when any officer arrived from America, the
rule was, for the Miniver he rifited to endeavour to find out what
sentiments he entertained of the feafability of the further continuance
of the war. and if it was d feovered that he differed in opinion from
the plan then pursuing, he wa^ asked no question about either the
profpea or 1 ate of affairs in America. His Grace finifhed with calling
Upon Miniflers to fay if they had seen General Greene's proclama
tion ? and wi+h moving rh it the House be summoned on Monday.
Lord Huntingdon said a few more words, the chief tendency of
which was, that ; t was hard to hold out Lord Rawden as a person
fufpe&ed of not having done his duty, before it was known whether
he had done it or not.
The Duke of Richmond's motion for summoning the Lords on
Monday was put, and Ordered.
Monday, February 4.
AS soon as the private business was finished, and some consultations
had taken place between the leaders of the refpe&ive parties, the
Duke of Richmond rofe A and after repeating several of his former ar
guments on the fubjedl, his Grace proceeded to read a long firing of
motions, the collective purport of which was: That an humble
Address be presented to his Majesty, requesting that he will be gra
ciously pleased to order the proper officers to lay before the House,
all the official papers that have been received concerning the capitu
lari nos Charleftown, and its surrender to this country; the .copies
of the commission. sos the powers which have been given to the dif
ferent offices and commanders th^re, refpedting the administration
of civil and military justice; the copies of all the proclamations that
have been issued; the copies of all the proclamations issued by Gen.
Greene, and all the o'cial accounts which have arrived relative to
the execution of Cel. 1 aac Hayne, &c." His Grace's motion in
c/u/td several other papers of a similar iefcription with the above, and
all tending to produce every intelligence that could, in the most
remote degree, affe& the fubjedt of his intended enquiry.
After the motion had been in due form, read by the Lord Chan
cellor from the Woolfack,
Lord Walfagbam rose, and said, +hat so far as the influence of
humanity extended, he did not conceive he should experience any
difference of feeling from the Noble Duke; they doubtless would
feel on certain occasions equal sincerity, and in an equal degree, but
might differ sometimes as to what they deemed just opportunities for
the dfp ay of it. For his own part, he could not confider opposition
to the present motion as participating of cruelty in the most distant
tefpe&, for an investigation, without a balls, could never anfiver the
purpose of true humanity. That wasliterallj the case in the prefect
in'deice, for the Nobe Duke had been informed, in the previous de -
bate on this fubjctl, tha^ Government had received no official in
formation whatever concerning this tranfa&ion, and his Grace of
courfc could not possibly have any other foundation fur the motion
of a proposed enquiry, bw such as originated from news-paper repre
sentation, or the equally fallacious communications of a private in
dividual. Tire papers which his Grace had read to the House, were
represented by their date to have been delivered for transmission to
the Congress on the 2d of August last; it was very lingular that at
that period, as he had very good reason to believe, Mr. Bowman,
who had sent the papers to the Noble .Duke, was at a great distance
from Charleftown. and therefore could haw had no personal oppor
tunity whatever of receiving private; information upon this fubje&,
nor ny'means of knowing any thing about the matter, but juit what
he collected from the Philadelphia newspaper, the accounts in which
minutely corresponded with those read by his Grace, and therefore
strongly Sanctioned the inference of their diff ring in no refpt a as to
their pretentions to credibility, but that the ore had been a mere
tranicript of the other Under such circumstances he could not, by
any means, think the documents referred to at all equal to the effect
intended to be built upon them, namely, that of a solemn enquiry
in that house, and he would therefore give his negative to the
motion..
Lord Abingdon made a speech in reply.
The Duke of Mincbefer spoke on the fame fide, and declared his
disapprobation of executing any man without the fan&ion of some
known law.,
Lord Stormont said, he would not object to granting the particular
papers moved for individually, though there might be several forcible
Teafons to warrant the refufing them; but he would obje& to them
generally. By the Noble Duke's acknowledgement, the information
of Mr. Bowman was not to be taken as authentick; but suppose
it was authentick, he considered the case upon its merits, as juitifia
bk by the Law of Nature and Nations. He had looked into books
upon the fubjc&, he inquired of military men of experience, and both
books and men informed him, that whenever an officer breaks his
parole, he forfeits his life.
Lord Shelburne went very much at large into the question, and
made a speech of confidcrable length; in the course of which, his
Lordffiip adverted to a great variety of topicks, particularly towards
the cdnclufion, not immediately connected with the question.
He was answered by the Lord Chancellor, in a moll able speech
of upwards of an hour and a half long. Towards the conclusion,
his Lordihip proceeded to state the circumstances under which Col.
Hayne had fuffered the death which the general law of nations, he
Hid, prescribed to such offenders. .He had been taken prisoner,
when he gave his promise not only to be an inactive observer of neu
trality, in the disputes between this country and America, but took
the oaths of allegiance. After this lie retires to his plantation some
defiance from Charleftown; he there for a time exercises his domef
±ick employment, and takes care, under the security of the British
arms, of his private fortune. Soon after he reverts to his rebellious
principles, and raises a body of men. Several perfens are killed by his
followers, for not acceding to his proposal of returning to rebellion.
He is taken in the very a& of exciting those tumults, and is brought
t° Charleftown. What then! continued his Lordihip, was there any
thing in the circumstance of this case to operate as a palliative for the
general criminality which, by the unanimous voice of writers, and
the cftablifhed custom of nations, has been annexed to this offence?
Who can venture to fay so? This, my £,ords, is my clear and deci
ded opinion upon the present in&ance, that so far from any blame
being to be applied to my Lord Rawdon and Colonel Balfour, I should
have thought them both highly criminal, highly worthy the censure
eftheir country, if they had acted in the fmal est refpe& differently
from what they did. His Lordihip concluded with dedaring his
frongeft disapprobation of the motion.
rte Dube of Rilmond defended his motion and pointed out a vari
ety of errors which had fallen from the noble Lord.
This again called up the Dord Chancellor, who made a Short reply
to hit Grace, arid affirmed that the rebel Hayne could with justice
he hanged either as violating his oath of allegiance, breaking his
parole as an officer, or by the power alone veiled in Lord Rawdon,
or any other officer commanding a detachment under the direction
of the Commander in Chief.
Tbe Duke of Richmond seized this circumflance with equal Avidity
and ability. If a fubjedt owing allegiance to his Sovereign, to whom
he had so recently taken the oath, his Grade contended, the Colonel
was entitled to a trial like any other fubjeCt : if, as an enemy, he
had broken his parole, he was entitled to the law of nations, but
that any man, described under either circuniftance, should be exe
cuted at the mere wilband pleasure of a commanding officer, was
a doctrine he conceived, as novel in that House, as it wohld appear,
if promulged, in any civilized country in Europe.
The Lord Chancellor made a short reply, and infilled strenuously
that Hayne was executed agreeably to the law martial.
Lord Huntingdon rose, and was entering into a great number of
particulars relative to the treachery and turpitude of Col. Hayne.
He was called to order by the Duke of Ricb^rond, who inlifted he
had no right to state presumed fads, and draw conclufibn, from those
fads, when there was no proof of the fime before the House.
This threw the house into great disorder for a few min'ates, till at
length the Woolfacle was called upon to explain the point of order.
The Lord Chancellor was of opinion, that as the whole of the de
bate was conducted upon an idea that there were no documents of
which their Lordships could as a judicial body take notice, one Lord
was equally at liberty to enter into narrative aswell as another.
The Marquis of Rockingham disapproved of this do&rine, and said
it was a very different thing to state as the ground of a motion,
fads, many of which were publickly known, and entering into a
firing of personal anecdotes, which by no means related to the ques
tion before the House.
The Duke of Richmond asserted in substance the fame.
Lord Huntingdon rose with some warmth, and faidje had as good
a right to state rumours, and argue upon them, as the noble
Duke.
The Duke of Recbmohd rose with equal warmth, profeffed an high
esteem for the noble Lord, but contended, that what he said had
beeri mifeonceived, because he could never believe it was meant to be
mifreprented by his Lordship.
Lord Huntingdon was then permitted to proceed in his narrative,
and among other remarkable things said, that the mode of proceed
ing against person, who had broke their parole, whether officers or
privates, was this: that two provincial or militia field officers upon
service were appointed as a kind of judges, when therefore the de
linquents were secured, they were pointed out by the persons into
whose hands they had fallen, and of the militia officers had been ei
ther present themselves, or were Satisfied on the truth of the accusa
tion, the offenders were instantly executed by the power veiled in
the Commander by martial law.
The Duke of Richmond made several pointed animadverfibns, on this
expeditions method of executing substantial justice.
Lord Effingham made his appearance for the firft time for upwards
of eighteen months, and treated the fubjedl in general terms, upon
the principles of justice, policy, and the law of nations.
At forty minutes after nine the question was put on the Duke of
Richmond's motion, when the House divided,
Contorts, - -,- 25
Not Contents, • • 73
There were no proxies.
The House refe at ten o'clock.
TN a former paper we mentioned that Mr. Pendleton was
A brought to town a prisoner, but at the fame time commit
ted an error, in faying that he had been the Rebel Chief Justice
of this Province. Since that time we have colleaed the follow
ing Anecdotes of him, which we venture to give to the world
as authentick in tye principal outlines, though perhaps some
final! mistake may have been made by our informers, with re
gard to dates or numbers.
Mr. Pendleton came to this Province in the latter end of the
year 1770, and was soon after admitted as an Attorney in the.
the Court of Common Pleas. He remained in that lituation
with scarcely ever.a cause to manage, till he was appointed an
AffiJfot-Jud~c under the firft Rebel Constitution of thia Pro
vince in 1776.
In November 1777, he went the Western Circuit. At
Ninety-Six two persons were arraigned for crimes against the
State; they were tried by a jury, and acquitted. Contrary
to all notions of law orjuftice, tie sent the Jury out to re-confider
their verdict ; but they brought it in a second time the fame
as the firft. Mr. Pendleton then observed to the Court, that
there were three tories in the jury, which was the occasion of
so improper a verdi^ being given ; and ordered the Sheriff
to take from it, Thomas Ellison, William Griffin, and a
a third person, and to put three good men in their place. This
was done ; and by the means of these additional goad men, the
prisoners were found guilty, and executed.
On the Northern Circuit, March 1779, at Camden, Robert
Cunningham, and two others, were arraigned for crimes a
gainst the State, committed in the diftridt of Ninety-Six. The
Attorney for the prisoners observed, that as such a mistake had
been made in arraigning a person in one diftri&, for a crime
committed in another ; and as no person could be twice put
in jeopardy of their lives for the fame deed, he therefore moved
that they should be difeharged. Mr. Pendleton inlifted that
they should be sent to Ninety-Six, to be there tried ; but not
being supported by the Attorney-General, who declared that
such a proceeding was contrary to law, he afterwards gave up
the point.
In the Autumn Circuit of the fame year 1779, DO fewer
than forty persons were arraigned for sedition at Cheraws.
In the charge to the grand jury, on this occasion, Mr. Pen
dleton observed, that the Ute infurredion in favour of the
British Government, was entirely owing to the mild treat
ment which the former insurgents at Ninety-Six had experi
enced, where seventy-two had been condemned to death, and
only five executed; that lenity had hitherto been the banc of the
Government ; but he bad now the pleasure ofinforming them,
that it was banished the legislative and executive authorities;
and that while he had the honour of fitting on that bench, it
should not be known in thejudicial.
It is an acknowledged principle in the Britifn Constitution,
and which is particularly recognized by an aft of the Provin
cial Assembly of this country, that in all criminal trials the
Judge be considered as Council for the prisoner, in matters of
law. Mr. Pendleton, however, in the trial of seven or eight of
the prisoners at Cheraws, so far from carrying into practice this
humane opinion, that he became a mod bitter and unjust prose
cutor, after the Attorney-General had given up the matter This
latter gentleman, Mr. William-Hazel Gib'oes, was but lately
arrived from England; and though strongly biaffed by the
principles of rebellion, yet flawed he was not void of attach
ment to the generous ;nd equitable system of British legifia
tion. Arter the evidence against the prisoners was heard, he
declared to the Court, that he was sorry to fee men under a
Free Government put in jeopardy of their lives upon such frivo
lous accusations ; that, for his part, he would never give counte
nance to such proceedings, that he therefore dropped the
present prosecution, and had to desire the jury to find the pri
soners not guilty. Mr. Juflice Pendleton upon this said, that
he differed widely in opinion from Mr. Gibbes ; that although
the prisoners might not be guilty of a capital offence, yet they
surely came under the last daufe cf the indi&ment, which did
CHARLESTOWN, April 6.
not take away the benefit of clergy for seditious words. The
jury went out, and brought the prisoners in guilty, generally.
Mn Pendlt ton immediately took advantage ot tbb verdi&,
and was proceeding to pals feutence of death, when Mr. John
O'Niel, the foreman, after confuting a little while with the
rest of the jury, informed the Court, that they had been
milled by the Judge, and only meant to bring the prisoners in
guilty of the last chufe of the indictment, which fubjedted
them to being branded. “ Since it 'muft be so," fays Pendle
ton, “ Jailer, bring the iron." The Attorney-General then
interposed, and infilled that the prisoners were bow entirely
freed by the falfe verdict of the jurv. They were accordingly
difeharged;
Another person was indifted at the fame Court, in the words
of the Sedition Act, for persuading or attempting to perfuhde,
others to take liparms against the State. The Prifoncr's coun
t'd observed that the indictment being difjanHive, could hot
operate, as it was expressly declared ny law, that none but
a poftive indiCtment could give rife to a trial. Mr. Pendle
ton answered, that the necessity of the times did not admit
of attention to such minutiae as a flaw in the indictment ; that
a similar thing had occurred to Judge Burke and himfelf at
Ninety-fig, which had been got over; that a precedent had
been thus e^ablilhed, and that th> present trial must therefore
go on. The Prisoner was accordingly tried, brought in guilty
and executed. The Attorney who had started the objection
to the indictment, immediately on coming to town begged
Mr. Reid, the Attorney-General, to allow him to fee the
indictment at Ninety-Six which Mr.'Pendleton referred to.
Mr. Reid after a long search declared there was no such one-
Mr. Justice Burke was then applied to by the Attorney, and
alked if he recollected any such indictment; he returned for
answer that the whole ftoty was an infamous faifhood. Thus
we fee that a human being was tried, condemned and deprived
of life under an assertion, which he who made it, if at all pos
sessing his memory of right reason, must have known to be
falfe.
By the Rebel Constitution of this country, the power was
vetted in the President or Coverncur, to reprieve and even
to pardon persons convicted of capital offences. Reports were
therefore required to be made by the Judges to the Chief Ma
gistrate of such in that situation, that be might have it in his
power either to remit or confirm the judicial sentences. Mr.
Pendleton however, at a circuit, whether it be one already
mentioned or another, is not recollected by the author of this
article, ordered several of those he had condemned for exe
cution, in so short atime after the condemnation, that it was
i™P°"ble any application could be made in their behalf to the
Governour, and , the reason he gave for this procedure to Mr.
Rutledge Was, that th,y were such notorious offenders that
they could not possibly be objects of mercy.
Many other instances might be given of the cruelty and
tyrannical disposition of Mr. Pendleton in his judicial capacity;
but every reader must be already tired with the melancholy
exhibition of the possible depravity of the human heart. Can
it now be wondered at that men whose unihaken loyaltv to their
Sovereign, has for years exposed them to every ipecies of
oppression, should endeavour when an opportunity is offered^
to revenge the death of their flaughterhd fathers, brothers and
friends and when toey view the fad wreck of their own private
fortunes, many of them final! indeed, but all affording a com
petency, should in their rage commit ravages on those of their
persecutors, and rebels against the ancient'and lawful govern
ment ? And yet these men by persons unacquainted 'with the
origin and progress of the rebellion, at least in this country,
and entirely secure from those dangers which a militia man is
exposed to, if taken, shall, in one instance improperly calß
them murderers, and in the other plunderers.
^*^^~^cj=j^*^Z£^jU4^!7%L^^^Vgcrr ^i:^?:™: ^'yi.t^..-..'rx'tfryjyir^i'r,rr^^^.'i^^
LICENCES for RETAILING
SPIRITUOUS LIQUORS, ^c.
To he renewed immediately, at No. 10, Tradd^llreet. c±.
A S Daniel O'Hara intends going for New-Ybrk by the
next opportunity, intreats every person indebted to him, im
mediately to pay the fame.)"
U q be Sold for Cajb onl), the Remaining Stoeb on band:
Confining of Madeira and Port Wines, by the pipe, quarter calk,
dozen or gallon; with sundry other articles in the grocery way;
fuperfine flour by the barrel; ffiip buifeuit by the hundred.
To be tet, and Entered upon immediately;
THE convenient HOUSE, No. 63, Tradd-ftreet. Enquire
at No. 48^, tiay,
For Savannah and St. John's,
(To fail in a few days,)
The Schooner
Fara, RODERICK RANDOM,
^t^Cy William Hatch, Master;
A faft failing vessel, about four months off the flocks'
with excellent accommodations sot paffergers, well equipped with
swivels and small arms, and men answerable; fbe has part of her
cargo already on board. For freight or passage, apply to Reid and
King, No. 2, Lower-Market wharf.
WHO H^EE FOR SALE,
A large quantity of Lemons,
Jamaica and Wefc-India Rum,
Geneva and Brandy in Cases,
Shrub, Port Wine, London Porter,
Hardware and Jewellery,
Door and Chest Locks,
Men? Shoes, Slops,
Mu covadb Sugar;
Teas, green Coffee; with sundry other Articles in the Gro
cery way.
On Tuesday tbe 91b of April, <will be oold, at publics dale
before the Exchange
A VALUABLE NEGRO FELLOW, late the property
I. I of Mr. John Baddeley, seized on execution, and fold by ofr
dcr of the Board of Police. JOHN DAVIES, Sheriff.
CbarlefoTun, 30th March, 1782.
ANY person well recommended, who understands Garden
ing, an d will take charge of one in town, shall have good en
couragement, by applying at No. 59, oh White Point.
CHARLES JOHNSTON.
WANTED TO PURCHASE
A NEGRO COOPER.
For particulars apply to JOHN & ADAM TUNNO,
^t No 48, Bay.
RUN AWAY from the fubfcriaer FIVE NEGRO
ME N, nri^.
Peter, York, Moses, Dublin, Sancho.
All masters of vessels are hereby cautioned against harbouring any of
the said negroes, or carrying any of them off. Whover will bring
any of the said negroes to me, at No, 9, Bay-Continued, or deliver
them to the Sugar-House, shall receive TWO GUINEAS reward
for each of them, on delivery. EDWARD SHREWSBURY. *