The royal gazette — [Charleston] S.C., 1782-04-13 00:00:00, page 2

committed these murders for Capt. M'Cord, were, Jesse Dillow, from
Amelia Townihip, and William Stacey, a Pennsylvanian, Mho bad
refilled many years on Broad-River, in this Province, and was a
noted murderer under the Rebel Col. Brenan.
When Capt. M'Cord arrived in Greene's camp, although it was
well known that they had killed some of their prisoners that morning,
jet no notice was taken of it. As for myfelf and the other priforcts
in General Greene's hands, we were under the utmost apprehensions
of being put to death, and as they were continually offering to enlist
ns into their service, it is not to be wondered at that almoftevery one
of us joined, among whom was Capt. Rowe of the Orangebur^h
Militia, one of the Sixteen survivors brought in by Capt. M'Cord
after the massacre. For my own part I off. red myfelf among the
others, but was refused. Capt. Rowe and the greater part of tbofe
who joined them at this time, left them when they found Lord Raw
don advancing to the relief of Ninety-Six.
Not to take up the time of your readers with too minute a detail,
it will be fufficient to fay, that during that march I was treated by
the Continental troops with the grossest indignity, and in a manner
that no captain of militia, or any person in a commiffioti of the Peace
, among the Rebels, was ever treated by the King's troops.
The army arrived at Ninety-Six, on the morning of the 24th, and
invested the place. About two o'clock Gen. Greene sent ivt me,
1 and produced my commission as Justice of Peace, and the copies of
' the letters 1 had sent to Camden, when 1 procured intelligence for
, Lord Rawdon, with all the answers I had received from thence, and
asked me if I knew these papers. I replied, I did. He asked me if
I did not deserve death for corresponding with thetnemv, as I was
r an American born I told him, that the Province had been conoucr
-0 cd, and that I had of course become a British fubje& He told me,
3 in reply, that I ought to have gone to the northward as nlany others
"bid done; that nothing but humanity engaged him to give me my
life; and that, as I had not acted as a plunderer or oppressor of the
Igood people of these States, he would overlook my having taken
a commission. He then ordered my irons to be knocked off, and
ppropofed to me to go to Charleftown, and procure him intelligence,
staking me many offers of making up my losses, &c. but finding he
b;cou!d not prevail upon me, he ordered me to go to Mr. Colco<k's
{(Plantation until I recovered my health, having then an intermitting
tfever. I was ordered afterwards to go,when able, to Work with a spade
syn the trenches. I continued at Mr. Colcock's until the 2d of June
atwhen I received a note from Mr. Williams, the Adjutant-General'
ff mmanding me to appear in the trenches next morning with a spade:
t had now no choice left, but either to submit to every Species of indi^-
—pity, and perhaps to an ignominious death at last, or rife to endeavour
]o get out of their hands. I thefe.the latter. Strictly Speaking, it was
Mariou, " that I command here, and not Col. Lee. Do you knew
that if you hang this man, Lord Rawdon will hang a good man in his
place ; that he will hang Sam Cooper, who is to be exchanged for
£im ?" The General then ordered me to be returned to the quarter
guard, and I found I was indebted for my life to Lieut. Cooper, who
having been near the Mill-house when I was demanded for execution,
and being apprehensive of what the cor.feqncnces might be to Samuel
Cooper, he instantly went in quest of Gen. Marion, who arrived
barely in time to save my life; but hfe interpolation must have been
too late, if a spare rope could have been found for me, when I came
to the gallows.
I was now put in irons, and at four o'clock in the afternoon deli
vered over to Gen. Greene, who had that day crossed the Congarec
river with a small guard, and at night I was carried to his head
quarters at the Widow Weston's, on the road to Camden, where 1 was
confined with eighty-five other prisoners. Next morning Greene
marched for the fort at Friday's Ferry, on the Cougarets. We ar
rived at Mr. George Ancrum's plantation on the 17th, when the fort,
which had been previously invented for some time, surrendered upon
capitulation. The terms were, that the regulars and militia Should
be treated alike, and that they should all be sent to Charleftown upon
parole. Next day, in the afternoon, the prisoners were ordered to
be sent to Gen. Greene's camp, which was upon the north and op
posite tide of the river to that on which the fort stood. As they were
marching them down to the ferry, a must bare-faced aflaflinati^n
was committed. An officer of the State troops, said to be Col Wade
Hampton, who formerly kept a score there, had conceived a picque
against an old gentleman named Dawkins, one of the prisoners, and
hired one of his own soldiers to Shoot him, as he passed in the, ranks.
The fellow, whofc name wasßurke, an Irishman, and who had relined
many years in North-Carolina, stood by the tide of the road, watching
for an opportunity to fire at Mr. Drwkins, but feeing it would be
difficult to get him by himfelf, as they matched in files, determined
to take the firft opportunity to kill him at any rate ; therefore, as
soon as Mr. Dawkins came a-breast of him, he fired and killed him
and the man who marched by his fide, the bullet puffing through
them both, and wounding a woman who stood at a little distance.
The name of the other man who was killed was John M'Whurtry.
Burke was immediately confined in the provost guard, where the
other prisoners were, but he was not pinioned. It was said, that
Gen. Greene threatened to hang him. The militia prisoners being
arrived,at the landing were flopped, and the Continental Officers came
up, and told them it was the heighth of folly to think of going to
Charleftown with the British regid irs; that they must abandon their
properties"; that their wives and children would be sent after them ;
that the British had for ever loft the Back-Country; that Ninety-Six
and Augusta the only remaining polls they had, were invested, and
would soon fall; that I.ord Rawdon had evacuated Camden, and re
treated to Charleftown, which, they said, was then invefled by the
French fleet; that if they would lift in the State service, for ten
months, they should have the fame bounty the others had received,
which was a Tory's negro for that short service, and that they should
be forgiven for every thing, even if they had committed murder.
Although these were tempting offers to poor men, who believed the
French fleet was actually off -CharleStown, yet, notwithstanding the
gloomy afpe& of our affairs, not above a third of them joined the
enemy, and these were chiefly men of the largeft'families. The rest
seemed determined,to fuffer every thing, rather than submit. When
they came to Charleftown, Lord Rawdon ordered 100 Guineas to be
distributed among them, besides their pay.
In the morning of this day, Capt. John M'Cord, whom I menti
oned formerly, brought in Sixteen .prisoners in irons, being part of
the garrison of Orangeburgh fort which had been taken a few days
before. Thirteen of them had been killed by the guard that morn
ing as they were marching to the Congarees. As the circumstances
of this massacre are generally although hot particularly known in
Charleftown, I beg leave to relate that story, the truth of which can
proved by many people now here. The fort surrendered upon con
dition that the Militia should be cbnfidered as prisoners of war.
This was was very readily promised, but as soon as they were dis
armed they were hand-cuffed in pairs, and confined in a cellar under
the jail. About midnight the Rebels fired a platoon among them,
which killed one and wounded another. Next morning they were
marched under the command of Capt. M'Cord to the Congarecs to be
delivered over to General Greene. When they had got a few miles
from Orangeburgh, they foot fourteen of them on the Tend, all of
whom died, except one Jofcph Cooper who has been Since in Charlef
town, and went to Augustine last Fall, and is well known among
the Orangeburgh refugees here. The person who was hand-cuffed
with him was named Conrade Millar, and was Shot firft. The mur
derer having loaded his piece again, with great deliberation took fight
at Cooper, who moved hishead on one fide when he perceived him
drawing the trigger, by which means the bullet passed through the
right fide of his neck and he fell; upon which one of the guard run
hi& sword through his neck to make sure of dispatching him, and
observed that he never saw a son of a bitch bleed so much in his life.
The party then moved on, concluding they had killed him, and
Cooper finding the heat of the fun unsupportable, got up, and as well
as h. could, from the pain of his wound and loss of blood , dragged
Millar's dead body with him under the shade of a buffi that grew°on
the road fide, where he lay until next day between 12 and 1 o'clock,
-when two women, who lived in that neighbourhood, palling along,
found him in great torment from the wound, which was augmented
by the french of Millar's body, that had begun to putrify from the
intense heat of the weather. He entreated the women to dif,ngage
the dead man's arm from the hand-cuff, but as they were unable to
effect this, he got a cuteau knife from one of them with which he
made a fhift to cut it off at the elbow joint, and was helped along to
a house, where the Wons were knocked off. The two ruffians who
NEW-Y O RK, March 20.
From Deacon LOUDON'3 New-York Packet, February 14.
and March 7..
State of New-York. In Senate, November 17, 1781.
RESOLVED, That it appears from fufficient evidence, that
Congress did, by their all of the 24th of September, 1779,
inter alia, tarneftly recommend to the States of Ncw-
Hampshire, Massachusetts Bay, and New-York, to pass laws,
expressly autnorifing Cc ngrefs, to hear and determine all dif
ferences between them relative to their respective boundaries,
inutile mode prescribed by the articles of confederation, and
also, by express laws for the purpose, to refer to the decifiou
of Coagrefs a " differences ordifputes between them, relative
to jnrifdiCtion which th y might refoeCtivcly have with the
people of tlie diftri&, called tire New-Hampshire Grants; and
also, to authorife Congress to proceed, to hear and determine
all disputes fublifting between the grantees of the laid states,
refpcCting titles to land lying within'the said dilhiCt ; and also,
that Congress did thereby pledge their faith, after a full and
fair hearing of the said differences a,d disputes, to decide and
determine the fame according to equity, and carry into exe
cution, and fuppoft their determinations and decisions in the
premises.
„ Refolded, That it appears from the like evidence, that at the
time of palling the said aft, and for above the century and a
half before, to wit from the firft Settlement of the colony of
New-York, new this Rate of New-York, the said colony and
this state included, by mod indubitable right and title, both
of jurifdiCtion and property, all the pads among others to the
westward thereof, lying north of thJhorth bounds of the Maf
fichufetts Bay, up to the latitude of 45 north, and extending
between those boundaries, from Hudson's ri' er tb.ConnedEcuc
river, including the waters of the northern lak^,awethcr wa
ters within these boundaries; that the above exterior territo
ry which includes the district called New-Hampshire Grants,
was by a decree of the British King, to whom the sovereignty
thereof as a parcel of the colony of New-York belonged, made
in his privy council the 20th day of July 1764, between the co
lonies of Ncw-1 ork and New-Hampliiie, declared to be a
parcel of the said colony of New York; that in confequenee
thereof, the government of the colony of New-Hampshire
exprefl, ceded, and reliaquilhed all claim and title of jurisdic
tion to the above territory: That thereupon, the fame were by
ads of legislation of the colony of New-York, formed into
counties ; and such parts thereof as were fettled, were represent
ed in the legislature ofthat colony; that they were also fepre
fented in the Provincial Congress and Convention of this state
of New-York, received aids from them as parcel of this state,
both before and after the declaration of the independence of
these United-States; affiftedby their representatives in form
ing the constitution ofthis state, and fully submitted to theju
rildiaion thereof, till the year 177%
RflzW, That it appears of record, that notwithstanding
the above clear, and conclusive evidence of right on the part of
this state of New-Yor£, to the- territory above described, in
cluding as aforefaid tire New-Hampihire grants, and though
the legislature of this state might therefore confiftantly with the
ftrictefcjuftice, have averted their dignity and sovereignty over
the diftria of the New-HapapShire grants, yet they, refpeedive
ly adopting the Sentiments of Congress, that it was essential to
the iutereft of the whole confederacy, carefully to avoid all
intestine dirtentions, and maintain domeftick peace and good
order, acquiesced in the submission recommended in the said
adt of Congress, and accordingly, on the 21st of October 1779,
parted a law ofthis state for that purpose.
Refolded, That it fati rfadorily appears, that in consequence
of the said law, the Agents thereby appointed to manage the
controversy, on the part of this state, at a very great publick
expence, cojeaed the neceSDry evidence to support the facts
Verted in the second above-mentioned refolut;ion; and, that
after many and repeated delays, they were at length, on the
19th day of September, 1780, in the presence of all the parties
interested, (except the state of Massachusetts Bay, who had
not paired the neceSfary ad of f&rtffion) indulged with an
hearing before Congress, in the course ofwhich, such evidence
as above-mentioned, was produced on the part of this state,
as (in the opini an of the Agents of this state) fully proved to
Congress the feverri facts contained in the said Second above
mentioned refohrtiont and that on the zyth day of the fame
month, all parties being present, except the state of Matlachu
fett's Bay, and Mehrs. Allen and Bradley, Agents for the peo
ple of the "New-Hampshire grants, claiming to be a fcpaiatc
independent jurifdiftion, who, though duly notified, then decli
ned any further attendance. The state of New-HampShire,
who had ado Submitted by their legislative ad, had an hearing
in Congress in Support of their claim to the jurifdidion over
the dirtrid called the New-Hampshire grants: That this state
has on their part, fully complied with every requisite contain
ed in the said ad of Congress, of the 2 ;th September, 1780;
and has accordingly, from that day to this, abstained from the
grant of any lands within the said diftrid; and also from the
exercise of jurifdidion over any of the inhabitants of the said
diftrift, who had not acknowledged the fame That the
revolted inhabitants of the faid'diftrid of Vermont having
arbitrarily eroded themfclves into a separate and indepen
dent state, unrecognized as such until this day, by this
state or the other United States; and having framed a go
vernment, they have passed laws, granted lands, and exercised
civil and military authority over tlfe persons and property of
those inhabitants who proses; themselves to be fubjeds of this
state, in manifeft subversion of the right ofSovereignty and pro
perty ot this state, and in dired contempt and infringement of
fcveral ads of CongreL: That although they had contented
thentfelves with the exercise ogjurifdidion, principally up to
a line running nearly parallel to Hudson's river, at twenty miles
distant therefrom, Until the month of June last; yet, that at
that time, notwithstanding thecenfure and prohibition of Con
gress, and in contempt of their recommendations and authori
ty^bvfin ad ot their usurped government, they extended ajn
rildidion claim overall the lands situate north of the north line
ot the state of Massachusetts, and extending the fame to Hud
son's river, then east of the center of the deepest channel of
fad river to the head thereof; from thence call of a north line,
being extended to latitude 45, and south of the fame line, in
cluding all the lands and waters to the place where the said
pretended state then assumed to exercise jarifdi&ion; inserting
at the said time, in their said ad, a chufe not to exercifejurif
didion within their jurifdi&ional claim for the time being:
That of all these matters, Congress have been fully apprised;
and though repeatedly solicited thereto by the delegates ofthis
state, have not hitherto made any decision and determination
of the said controversy, according to equity, as by their said
a breach of 1 parole, although T never hid received one ; but when
the treatment I fuffered is cofifidered, I fancy few will blame me for
making my escape, which I did that night. When I got into Orange
burgh diftria, I Icept the road, whieh I had not ventured to do be
fore, although Very much difyuifed by my dress, which confided of
Mafkclly's bunting-Shirt, and the old trowfers I had on when brought
to the gallows. At Dorchester I met Lord Rawdon, going to the
relief of Ninety-Six, and returned with him.
LEVI SMITH.
Charleflo^n, 17th March, 1782.
AMERICAN INTELLIGENCE.
aft of the 24th of September, 1779, they hedged themfchee
and by the law ot this date, they were authorifed to do: That
to put an end to this delay, so injurious to the jurifdi&ion of
this Rate, so Subversive ot its interest, peace and polity so
promotive of a repetition of those violent afts of usurped civil
and military authority, which in the judgment of Congress
declared in their resolution of the 2d of October, 1780, were
highly unwarrantable, and fubvefive of the peace and welfare
of the United States; and from which they required the peo
ple inhabiting the said grants to desist, until the decision and
determination of Congress in the premises, they have aftuallv
presumed to exercise Sovereign authority and jurifdiftion to
the full extent of their Aid jurifdidtional claim, by appoint
ing civil and military officers, making levies of men and
money, referring delinquents from the hands of justice of
this'ftate, at the expence of the blood, aud the loss of the
life of one of the fubjeds of this state, in the execution of
his lawful duty; and forbidding the officers cf justice of
this state, to execute their offices, as appears from the
papers attendant on his Excellency the Governour's speech
and other due information: That among these, to Shew the
actual exercise of jurifdidion by the usurped government ofthe
said Grants, by the fti # le add title of the state of Vermont, over
the territory contained within the said jurifdidional claim, is
the copy of a Certain proclamation, bearing date 18th day of
July, 1781, purporting to be under the seal ofthe said pretend
ed state, Signed by Thomas Chittenden, who stiles himfelf their
Governour: After divers Falsities and absurdities therein con
tained, averts, that commissions, both civil and military had
then been lately issued by the Supreme authority ofthe said pre
tended state, to persons chosen agreeable to the laws and cus
toms thereof, in the several districts and corporations, within
the limits of the above-mentioned western or jurifdi&ional
claim, ftridly requires, charges and commands, all persons of
whatfeever quality or denomination, residing within the said
western claim of jurifdidion, to take due notice of the laws
and orders of the said pretended state, and to govern themfclves
accordingly, on pain of incurring the penalties therein con
tained; and ftriftly requires, charges, and Commands all ma
gistrates, justices of the tierce, Sheriffs, constables, and all other
civil and all military officers, to be active and vigilant, in exe
cuting the laws afotefaid without pal tiality.
RefclveJ, That the legislature of this state is greatly alarmed
at the evident intention of Congress; and from political expe
dience, as it is expressed in a letter from his Excellency the
President of Congress, to his Excellency the Governour of his
state, of the Bth of August last ; and as evinced in their ads of
the 7th and 21st ofthe fame month, inclofed therein, to eftab
hfh an arbitrary boundary, whereby toexclude out of this state
the greatest part ofthe territory described in the second refolu
ton above-mentioned, belonging most unquestionably to this
state, as part, parcel, and members thereof; and to ered such
dismemberment, possessed by the revolted fubjeds ofthis state
into an independent state, and as such, to admit them into the
federal union of those United States, especially as the said two
last mentioned acts seem to express the sense of Congress. That
the territories of this state, by the articles of confederation
are, and as in fad and truth they are, by the fccond and third
articles thereof, guaranteed, and still more especially as bya
proviso in the 9th article, it is provided, that no state Shall be
deprived of territory for the benefit of the United States.
Refolded, That it is the sense of the legislature, that Congress
have not any authority, by the articles of confederation, in
? n Y wife to intermeddle with the former territorial extent of
jurifdidion or property of either of these United States, except
in cases of disputes concerning the fame, between two or more
states in the union ; nor to admit into the union even any Bri
tish colony, except Canada, without the consent of nine states
nor any other state whatsoever ; nor above all, to create a new
state by difmemberhig one of the thirteen United States, with
out their universal content.
Refolded, That in case of any attempt by Congress, to carry
into execution their said aQs ofthe 7th and 21st of August laft
this Legislature, with all due deference to Congress, are bouM
in duty to their constituents, to declare the fame an assump
tion of power in the face of the said ad of submission of this
state, and against the clear letter and spirit ofthe second, third,
ninth and eleventh of the confederation, and a manifest infrac
tion of the fame; and do, therefore hereby solemnly protest
against tne fame. r
Refold, That a copy of these resolutions be forthwith made
and certified by the President ofthe Senate and Speaker ofthe
Assembly, in presence of his Excellency the Governour, who
is hereby requested to attest the fame, with the great seal of
this state, and transmit it, without delay, to Congress, to the
end that the fame may be entered on theirjournals, or filed in
their archives in perpetuam rei memoriam; and that another
copy, so certified as aforefaid, be delivered to the Delegates of
this state for their use, and guidance; and that they be, and
hereby are expressly directed and required to enter their difient
on every step which may be taken in and towards carrying the
said two last mentioned afts of Congress into execution.
Ordered, That Mr. Wifner carry a copy of the aforefaid reso
lutions to the Honourable the House of Assembly, for concur
rence. Extras from ibe Journals,
ROBERT BENSON, Clerk.
In Assembly, November 19, 1781.
Refilled, That this House do concur with the Honourable
Senate, in the preceding refolutious.
Ordered, That Mr. Van Zandt, and Mr. Rockwell, carry 2
copy of this resolution of concurrence to the Honourable the
Senate. Extras from the Journals,
JOHN MCKESSON, Clerk.
Gentlemen, Poughkeepsie; February 21, 1781.
THE very important and indifpcnfable business arising front
the papers- which I have the honour to lay before you with this
message, will, I flatter myfelf, evince the necessity of conve
ning you on an earlier day, than that to which you were ad
journed.
I he different a&s, containing requisitions of aids in men and
money ; the address of Congress, and the letters from the Com
manderin chief, and the Superintendant of Finance, which ac
company them, as they merit, so I am persuaded they will
engage your early and serious consideration.
Icannot forbear recommending to your particular attention,
the affidavits and other papers, which prove a treasonable and
dangerous inttreourfe and connection, between the leaders of
the revolt in the north eastern part of the state, and the com
mon enemy. In order that you may form a competent judg
ment of this matter, such of the original papers refpeifting it,
as are in my possession, will be delivered you ; Your own pru
rience will however suggest, that these communications as far
as they relate to the names of persons, from whom the intelli
gence is derived, ought not to be divulged. I have only to ob
serve, that these proofs are corroborated by a variety of cir
cumhances, which equally tend to shew, that these criminal
translations are not confined to individuals, but have been con
ducted under the fanClion ofthat usurped government.
GEO. CLINTON.
Albany f. John Edgar, late of Detroit, being duly sworn,
depofeth, and faith, that he commanded a vessel belonging to
the King of Great Britain, on the Lakes Huron and Erie, from
some time in the year 1772, to some time in the year 1775 ;
toat be than gave up the said command and went into trade;
That on the twenty fourth day of August 1779, he was taken