The royal gazette — [Charleston] S.C., 1782-02-13 00:00:00, page 4

Gentlemen,
THE Commandant has directed me to fignify to you, his
'high approbation of a Letter, which appeared in your Gazette
of the 9th instant, signed '' A Carolina Loyalist," both,
as it contains a true Representation of the Conduct of many of
;the Inhabitants of this Province, since the Capitulation of
Charleftown, and, as it points out the Treatment which those
deserve, who have violated their Paroles, Oaths, and Decla
rations of Allegiance to the British Government; and to request
you will continue the fame in your Paper, for a Fortnight from
this Date, in Order to render the Contents thereof more ge
nerally known. I am, Gentlemen, your most obedient Servant,
February 13th, 1782. C. FRASER, Town-Major.
To the Printers of the Royal Gazette.
Gentlemen,
THE inhabitants of the British Colonies in North-America
having laid claim, in a very early period of tlreir present
contest with the Mother Country, to the Title and Rights of an
Independent People, it was naturally expected that they would
also have regulated their publick conduct by the laws of that
Grand Society or Nation s into which they were so anxious
ly desirous of being admitted. Nor did this expectation appear
the less reasonable, when the mode of carrying on the war against
them, which Great-Britain had adopted, was examined; that
being invariably the fame, as if her armies were invading the
territories of a foreign and universally acknowledged indepen
dent nation, not a part of her own dominions, whole inhabi
tants, though indebted to her foftering care and protection for
every advantage they possessed, now ungratefully revolted from
her lawful authority. But, have events fully juftified the pro
priety of relying thus far on the honour of Rebels ? Have they,
in every instance and situation, ftri&ly adhered to those maxims
of warfare, which have been established by the uniform prac
tice of civilized nations ? Have they, in their connections with
the British Army, which the events of the war gave rife to,
constantly regarded a military parole as binding, or a civil oath
as sacred, when interest or even some trivial convenience was
to be.given up by observing them ? And might it not have been
forefeen, that a let of people, whom neither gratitude nor
allegiance could bind, would disregard every Icffcr obligation ?
An impartial history of the whole war would furnifh the
mod fatisfa<ftory answers which can be given to these interesting
questions. I mean not, however, to attempt it.. The under
taking is. too considerable for one of my (lender abilities, and
of too extensive a nature to come within the limits of a letter in
a newspaper. But I trtift that some person will hereafter be
found palfefling fufficient capacity and information for this ne
cessary talk, that the World, hitherto grofly deceived with
rtfped to every thing that relates to America, may be made
tAOuainted with the true cause of Britain's being so long oiled
in tier attempts to reduce her revolted colonies. Then it will
be known, that frequent opportunities have.been given up of
putting m immediate end to the rebellion, because the mea
fnres that led to tert desirable objed were thought tevere ; and
that the only returns which have been made by the Americans
for such lenity, are infiances without number of the most fla
grant perfidy and basest treachery.
Leaving then this ample harvest of hiftofical glory to be ga
thered by some more fortunate person, I shall content myfclf,
in this letter, wuh exa lining how far the actions of my coun
trymen in particular, have been agreeable to the universally
received notions of integrity and honour. In difeudirg this
febject, I shall allow them the very ground they have been
so long labouring to get possession of; I shall 1 ippo'c them for
a moment, fully inveged with the rights and privileges of a
Sovereign People; and yet, J slitter myfclf I mail be able to
F demonstrate, that their conduct, if judged < f by the Standard
of the Law of Nations, has been bale and infamous. To do
this, I have only to exhibit a series of unadorned feeds, be
ginning with the invasion of this Province, in the year 1780.
Immediately after the arrival of the British Army, a pro
clamation was issued, to inform the inhabitants, that if (hey
remained peaceably at their homes, no injury Should be offered
to them, cither in their persons or properties. Theirm'hfeance
was not demanded in reducing this garrison, or in forwarding
arty other military operation; and this was evidently done
with the view of exposing no one to the refehtment of his coun
trymen, Should the Siege have proved unfuccef ful. By means
of its Surrender some time after, and the success which every
where attended the exertions of the Army in the country, the
whole Province became complcatly reduced, and time was
Scarcely a person in it, who was not eithera prisoner, or a
volunteer with the Britilh Troops. In this situation of affairs
no retrofpedt was ever had to the past behaviour of the firit
promoters and abettors of rebellion. No punishment was ever
inflicted, or even threatened, except against those who had been
principally concerned in depriving many persons of life, whose
only crime was an inviolable attachment to theinterefls oftheir
Sovereign. The Militia Prisoners were buffered to remain at
their own homes, and to follow thir usual occupations. Such
of them as were taken in the country, and who; from the cir
cumstance of not being concerned in the defence of this p ace,
were considered in general as less attached to the cause of
ebellion, were in a Short time released from their parses, and
most of them immediately, and with but little ceremony, re
admitted to the enjoyment of the privileges of a British fub
j«L- Others, however, o' a less innocent chamber, andthofe
'who were comprehended in the capitulation of Charlellowu,
were forced, in order to obtain the fame end, to go through
such a variety of distressing forms to a men of spirit, as were
thought would effectually prevent any person from making ap
plication who did not Sincerely deli 'e to return to his allegi
ance. It was held to be a matter of grace and favour for one
who had been a Rebel, to be admitted to a participation of the'
privileges of a constitution, long the glory of Britain, and the
envy of the World. Such therefore as were desirous of bring
included in the number of her fubjeds, firft prefenfed their
humble petitions to the commanding officer of this gai rifon,
exprdliug their detestation of the former measures, and their
ardent wishes again to enjoy the benefits of the British Consti
tution, which they were mow determined to support at the
expence of their lives and fortunes. This was the general pur
port of the petitions, Specimens of which, faithfully copied from
the originals in the registry of the Board of Police, 1 Shall fob
join to this letter. It did not however entirely depend on the
ad of petitioning to become a fubjed. The petitions, I believe,
of every one, were referred by the Commandant either to the
co:i fideration of the Board of Police, or of a number of pri
vate gentlemen of known integrity and loyalty; and on their
determination the fate of the applications re'fted. Many of
them were readily granted; others with great difficulty,
after much interest being employed, and vouchers brought for
the future behaviour of those who presented them ; and; some
few were altogether rejected. 111 the last place, each person,
before he received a certificate of his being a fubjed, was
obliged to sign a declaration of allegiance, in the presence of
an Intendant of the Police. The form of the declaration com
monly used, I Shall annex tothe copies of the petitions.
The whole inhabitants were in this manner divided into two
classes, the one of Prisoners on Parole, and the other of Volun
tary Subjects. Any person therefore, acquainted with the duties
which are performed in Europe by each of these descriptions
cf men, would have thought, that as there was now no military
force within the Province opposed to the British Government,
Messrs. WELLS & SON,
nothing could (hake it but a formidable army invading it From
the other Colonics in rebellion. But conclusions drawn from
the general practice of European nations, will feldoih hold
good when applied to the Virtuous Sons of America. Their
favourite maxim has always been, that the end juftifies the
means. A hat therefore could be blame-worthy, which in any
degree contributed to the gaining of that pious and laudable
object, the Independency of their Country? Had not Congress
already declared it to be as fixed as Fate, and wouldit not have
been impious to disregard the intentions of Providence, so
clearly communicated tothis new band of prophets ? Such may
be the rea oning of an American ; and on the justice of it I leave
the World to decide. The faht is however, that no hoflile
army has ever entered this Province since its conquest, equal,
even in numbers, to the British Forces in it, and yet, from
the time of Gates's appearing upon om frontiers to this period,
such numbers, both of Prisoners on Parole and New Subjects,
have gone off to the Rebels, that they now constitute by far
the greater number of the men who are in arms in this country
against the British Government*.
What person is there, ditintcrefted in the event of the war,
and possessing the generous ft Jings which do honour to hu
manity, that will not exc aim on reading this narrative, If
these things be true, no punishments are too severe for such
mongers of ingratitude and perfidy? If the authenticity of the
facts related, be made the test of the propriety of pimifhment hi
general, 1 appeal to the inhabitants of this place, and demand
in what point I have erred? But with refpcd to the degree of
pumfument, I dare not presume to give any opinion of my
(wn. I leave it to be determined by (lie Law of Rcafon and of
Nations. Let us therefore enquire into what Rcafon dilates,
and what Nations do, reflecting these matters.—And firft,
with regard to a breach of a military parole.
In riie glided States of Society, when a whole nation compri
zes but a few individuals, wars are commonly entered into from
motives of perianal revenge. The combatants fight with no
intention but that of destroying their enemies. The few pri
loners therefore that may be taken by each party, are either
immediately killed, or arc referred for death by torture. When
manners Somewhat refine, and States, from conquest or other
c.rcumfances, have become more confiderab'e',war is fre
)[!"", begun from views of national interest, or ambition.
Luc midier ha; no private refeutm<nt to gratis ; if the battle
is won, he rightly concedes he has done his duty, He
°° e , 3 |" e ,;" °', Humanity, which calls on him not nced
h-Y? to destroy the lives of hr ; fellow creatures; but 1c
av the lame tone thinks himklt fu;ly intitled to the perpetual
ivicesot tire p^cii whom lie lias thus Saved from death.
Ilie pin nice tnciemrebecomes a slave. Tins was the general
pfriice of those nations of antiquity, the Greeks and Romans,
whom we regard as highly policed and Utilized. In modern
Luiope, a pidoner wis ano, tor a conhdeiable time, so far
accounted the property 0 tbe Captor, that a price was Set on his
liberty, and th it not uxed by any genera! rule, nor in any pro
portion to hs rank m the army, but as great as it was thought
he coukl podiD.y give. Asji ad wars, however, each of the
c^-ffc^o parties mud Inner, though perhaps not equally,
1; at length become cut ornery for nation , to life their prifoneis
with tenders f-and humanity, in expectation that their coun
trymen would receive the like treatment when in Captivity^ and
ano to edabm'n a gem ral rule for the mulmil exchange ofthe pri
loners each party! id made. Though this practice appears ex
ceedingly patu-al to u;, it wither so little known to the An
c,its; er so little used by them, that in all their history we read
of only one cartel. The last refinement on the treatment of
p^f^cro, was the .invention of paroles; a circurnftance that
ahords the most honourable tedim my that can be given, of the
lupt nor integrity and good faith of the Moderns, with whom it
has neen found, that a Simple prornife affords greater security,
than the most rgnt confinement.<
I h,/c been thus particular in marking the different modes of
treating prilbnem, in the diffetent Rates of society, in order
to shew, that want is now uk<l, is neither commanded.br the
Law of WAure, which authorizes the putting to death of out
enemir g by every Lir means, wherever we can find them; nor
bfthst is gemrJty accounted the Law of Nations, which
veils in thy captor an absolute property in his priicuer. A pa
row therefore can never be demanded as a matter of right,
but may be given or not, agreeably to the opinion which is
oriertained of the integrity of the prisoner. If this confidence
be found to have been in any instance misplaced, and what was
meant as a humane indulgence, be converted into a fierce of
ujiwy, the mote dangerous as unexpected and unguarded a
gainst, Rcafon dictates, that the offender, be treated agree
ably to the fc^er^l rights of war, which, as I Inve'faid
before, authorize the death of all persons taken in battle.
Cuftomand content of nations support this canchifion; partly
for the fame rcafon, and partly with a view of deterring others
from attempting to destroy, as far as their examples can have
influence, that confidence in the honour of Mankind, on which
this most generous and benevolent cuAom is founded' .Su h
therefore is the treatment those persons in this country, who
have broken they paroles to the Briti, Army, have aright, by
the Law of Rerf^u and Nations to expect."
Little need be fiid concerning the puriihment which those
d< ft rve, who have violated the ifoaths, or declarations of afe
giance. We have only to appeal to the practice of the Ame
ieans tmcmlclves, and arc will find, that tranigrefficns of that
nature, arc by them am lys punifheJ with death. Scarcely
a newspaper is troml.c to us from the northern provinces',
which does not m ntaiti an account of the publick execution
of some person accused or holding correspondence with the
British army, or of being attached to its interene. Many in
deed have been deprived of life on bare suspicion, and that
too by the regular forms of their courts of law. They furelv
therefore cannot deny us a right, which they exercise with
such freedom themfUv^ ; except perhaps on this plea, that as
protection and allegiance are reciprocal, the British Govern
ment could have no pretensions to the allegiance of the inha
bitants of the country, when, by withdrawing the troop's,
they ceased to give them protection. Not to mention the ab
surd consequences this doctrine would lead to, if carried to its
tulleft extent, which would even have juftified the inhabitants
of the city of London, in erecting themselves into a date, in
dependent of the Empire of Great-Britain, when, during the
late riots, the protection of Government was with-held from
them during the space of three days; it will be proper, on
this head, to demand, of what is the protection of Govern
ment composed? Is it not of the united efforts of all the indi
viduals, directed by the supreme power of the Rate, as occa
sions ma— demand ? Is it not therefore agreeable to the order
of things, that the fubjeCts should lend their affiance to Go
vernment, before Government is in a situation to afford this
protection r But did the New Subjects of Britain in this country
afford that support to its government, which they solemnly
bound themselves to do? Did they even remain in a state of
neutrality ? Did not, on the contrary, many of them join the
Rebels, before the Troops were withdrawn from the country ?
And was not this the principal cause of that event taking
place ?—lf these questions be answered in the affirmative, and
* The World chill Jcarcel, believe, that the Legi/lature of any
people, the leaf civilized, could make it criminal inwtheir fubjehls
to adhere to a military parole. 1 his, however, has been done by the
Rebel /Iffmblv of North-Ca olma; and Mr. Burke, their Governour,
who was lately brought hither a prisoner, has fjewn, by violating
bis parole, how far be intends to put that law into execution.
SOUTH-CAR StINA.
'To Lieut, Col. Nlobe . 1 BALFOUR, Commandant at
Cl.arlflown, Wc.
1 be Humble PETITION of James Smith.
S HEWETH,
r l 'IIAI your petitioner dreading the variety of sanguinary
.1" laws, erafted during the late feene of tyranny and usur
pation, against those who refuted, from a sense of their duty
to their Sovereign, to take mi adive part therein, was con
"rX"°'' against his inclination, to acquiesce under it.
That your petitioner difrards all allegiance to any other
government than that of his most gracious Sovereign, in his
epuunn the best calculated to support the fubjeft in his person
and property.' 1
I hat your petitioner, when his Majesty's forces besieged
Chirk-flown, rather than take up arms against them, declined
corning to town, though threatened by the late rulers, with
cenGfeation of his whole estate, both real and personal.
Inat fhartly after the surrender of Charfeftown, your peti-
Goner yielded 1, hunklf prisoner, and was by bis parole,
comined to the limits of his pl rotation.
Iburour petitioner, ueing in town, takes the opportunity
ot hnmfciting his zeal for his Majesty's government, under
whose mild administration he formerly enjoyed the greatest
happhicfs.
Your petitioner therefore prays your Honour, to allow your
petitioner to become a fubjeft to his most gracious Sovereign,
whom he solemnly promises to serve with the most inviolable
fidelity and attachment, and whole government he will be
ever ready to maintain and support, with his life and fortune-
And your petitioner will pray, &c.
November 28, 1780. JAMES SMITH*.
DECLARATION of ALLEGIANCE.
I do hereby acknowledge and declare myfelf
A to be a true and faithful fubjeft to his Majesty, the King of
Great-Britain, and that I will at all times hereafter be obedient
to his government; and that whenever 1 shall be thereunto
required, I will be ready to maintain and defend the fame
against all pei foris whatever.
Subjerioed and acknowledged, at Charleftown, the dap
'/ 178 before me
. ' This is the air. Smith, who was brought to town a prisoner
'" co " r u e oj last summer, on the mos poftive proofs being ob
™ deiia f d from bis allegiance. He was food
. : owet t)e bbert, of certain Jlrects, and was afterwards fuffer
e to go to games s If and on his parole.—Not willing however
to contradict, by his own example, that well known fall in human
nature, that favours heaped on a person who has injured you,
renders him your more implacable enemy, he quickly violated his
l° med the Rebel army, where, lam told, he has been
lewca ded with a military commiffon for his honourable services,
ASKERS of vessels, and inhabitants of the town, may
be supplied with BEER, at' a reasonable price, at the
Brewery 01 Charieftown. lfcm.
T think no one can be abfiird enough to do otherwise, most of
the revolted fubjeds may find, that the flale excuse, derived
from the dodrine of the reciprocality of allegiance and pro
tection, will no longer screen them from the vengeance of an
injured and insulted Government.
The importance of the fubjefts I have treated, will form the
bed excuse I can offer for my feeble attempts to do them
justice. The undertaking seemed to me to be highly necessary
as many persons in this country are so ignorant of the customs
and rights of nations, as to fiippofe, that though they have
violated their military paroles, or their oaths and declarations
of allegiance, they will Rill be considered as prisoners of war
should they be taken in arms against the British Government'.
Could I awaken but one of my countrymen to a due sense of
the crimes he may have unwittingly, or from evil counsel
committed, it would be to me a source of hever-ceafing plea
sure and delight. But with rcfpe& to those who have thus
deluded a people, and who cannot be supposed ignorant of
what they violate by system and rule, I am bold enough to fay
That forgiveness would be a crime, and mercy but an
other name for injustice.
A CAROLINA LOYALIST.
Cbarlefown, February 4th, 1782.
COPIES of PETITIONS.
To NISBET BALFOUR, Colonel of bis Majeffs Twenty-
Third Regiment, and Commandant of Charleflown.. '
The humble PETITION of Jonathan Lawrence.
SHE WETH,
r rHAT since the reduction of Charleftown your Petitioner
X lias been on parole.
That your petitioner is now desirous of returning to his
allegiance, and to be considered as a peaceable fubjed and in
habhant of Charleftown.
, Your petitioner is therefore humbly constrained to implore
your Honour will take his case into consideration, admit him
as a fubjed, and indulge him with the privileges enjoyed by
such ; and your petitioner, as in duty bound, will ever pray.
(Signed) JONn. LAWRENCE.
Charleflo wn, fare 25th, 1781.
SOUTH-CAROLINA.
To the Honourable Lieut. Col. NISBET BALFOUR, of bis
Majfly's Forces, and Commandant of Cbarleftown.
The humble PETITION of Richard Ellis.
SHEWETH,
n^HAT when the inhabitants of Charleftown were signing
X an addrtfs to the Commanders in Chief, congratulating
them on theii success, and manifefting a desire of returning to
their allegiance, from which they had been deluded by the
artifices and ambitious designs of a few men, who endeavoured
to aggrandize themselves on the ruins of their country, your
petitioner took that early opportunity of shewing his attach
ment to his most gracious Sovereign,' by likewise signing the
Raid address.
,That your petitioner thought himfclfthcrcby entitled to the
rights and privileges of a Britifh' fubje&ftid when he called
a few days ago to receive hi- protection, was much furnrifed
to find that his name was not inrolled among those of the
other faithful fubjeds.
Your petitioner apprehends, that this mistake was entirely
owing to his being absent from town, at the time when an
amendment was proposed to the said address, and which your
petitioner had not an opportunity of signing, as he lived in
the country.
Your petitioner therefore humbly prays your Honour will
allow him to become a fubjet to his most gracious Sovereign,
whron he will ever after serve with the most inviolable fidelity,
and \fbbfe government he will always maintain and defend
with bis lite and fortune. And your petitioner will pray.
(Signed) RICHd. ELLIS.
lath October, 1780.