The royal gazette — [Charleston] S.C., 1782-02-13 00:00:00, page 1

To the Printers of the Royal Gazette.
GENTLEM N,
PUBLICK and private affairs in this country arc at present
so interwoven, that politicks are the theme of every dis
course, and almost the fubjedof every dream. One night
lately 1 dreamed I was walking round the Fortifications, and
was very much furprized to fee a flag with thirteen Rripes dis
played on the Hornwork, and French and Continental sentries
posted on the works. While I was endeavouring to account
to myfelf for this strange appearance, a.boy passed by with
a bundle of newspapers, which he was leaving at different
houses. Curiosity prompted me to purchase one from him,
and 1 leave your readers to guess my adouifhment on finding
it dated in the year 1800, and entitled, The Charleflo<wn Ih^-'
pendent Gazette. 1 thought I perused it with great attention,
and found chat Independence had been nominally established ;
that this place had been reduced by the French and American
arms; that the inhabitants had been obliged to receive a French
garrison, which in fa& gave laws to the whole province, al
though the outward forms of a republican government were
preserved. The paper contained a variety of curious informa
tion, which may perhaps be communicated at another time,
but the articles under the Charleftown head made so strong an
impression on my memory, that I have been able to fend you
a tranfeript of them, without any material deviation from the
imaginary originaI.' LUCULLUS.
' ' Charlestown, 30+b September, 1800.
LAST Thursday, being the thirteenth anniversary of the rc
dußion of this place by the French and American arms, was
observed here as ufaal. The morn was ufhefed in by the
ringing of bells ; the Marquis de Grenouille, the French Com
mandant, gave an elegant enteitainment to the French officers,
and the gentlemen in the continental service, in French pay.
The honourable the President, the members, of the Senate,
and principal members of the Afcmbly were also present. At
noon the cannon on the ramparts were fired, bonefires were
made in different places in the Greets, three Tories were mur
dered' and stripped by the mob, and the day concluded with
every other demembration of ;oy. In the evening there were
illuminations, and a ffrpgid aT mbly.
On Friday the President,wi hjhe approbation of the Mar
quis de Grenouille, gave his abend to the Bill for remedying
the evils arising from the depreciation of our paper currency,
and the high price of imported goods. 4 ihort account of it
may be acceptable to our readers.
The preamble recites, that whereas notwithstanding the
repeated ads of the legislature to fix the prices of imported
goods at an equitable rate, they Rill continue to rife, and many
dilaftded persons have found means, in dark nights, to elude
the vigilance of the sentries polled round the town, and to
Jhip off the ; r goods in a clardcßine manner to the Weft- Indies,
rather than fill them at the Bated prices, for the lawful cur
rency of the Rate, which still continues to-depreciate; in order
to put an effectual flop to such abuses, it is enabled,
That the prices of imported goods ftiall always remain as
fixed by the late regulations, and this without any regard to
aghit or scarcity at market.
That it shall always be full moon.
That the value of the paper currency bf this Rate shall be
fixed at three for one of specie, notv/ithßanding any large
cmiffions now or hereafter to be made.
Breaches of this a& to be considered as felony.
This morning came on, before a special jury, the trial of
Samuel Swampit, a noted tory, for the wilful murder of Major
Whitefeather of the militia of this state. As this affair has
greatly excited the curiosity of the publick, we have been at
uncommon pains to collect the earliest accounts of it, and
flatter ourtelvcs the following narrative will be found to be as
correct as the nature and hurry of a periodical publication will
admit of. -
At nine in the morning the prisoner was brought from the
gaol under a flrong guard of Continentals, who could hardly
restrain the meb from tearing him to pieces. Being brought to
the bar, he acquainted the Court, that he could not find
a lawyer to undertake his defence, every one to whom, he had
applied having refufed, as they had received anonymous letters
threatening them with death if they undertook the defence of
a Tory ; that he had understood there was one gentleman then
present, who would undertake his defence, if peremptorily
ordered fo:to do by the Court, with the concurrence and ap
probation of the Attorney-General. Being desired to name
the person, he pointed to Mr. Serjeant Civilian, who declared
his acquiefceuce in what the prisoner had said. The Court
referred the matter to Mr. Serjeant Sanguinary, the Attorney-
General, who declared, that nothing would give him greater
pleasure than to have an opportunity of confuting the argu
ments which he knew would be used in defence.of the prisoner;
and that Be hoped to put the merits of this case in so clear
and strong a point of view, that there would be little difficulty
in difeuffing Tory trials for the future.
The Court now proceeded to the trial, and the prisoner
pleading Not Guilty, evidence was heard on the part of the
State, by which it appeared, that the prisoner, after the re
dudion of Charleflown by the French and American forces,
I had immediately taken ter the swamps, in company with a gang
l ofthofe desperate Tories who have laid waste, and' Riri continue
I to harrafs the back parts of this State; that on the 6th of May
he had come to the house of the deceased Major White
father, at the head of a party of twenty armed men, and
found the Major at home, whom he (hot as he was endea
vouring to make his escape from a window in the hall.
The substance of the evidence on the part of the prisoner,
Was as follows: That Swampit and all his connexions were
people of notorious difaffedtion to the American cwife ; but
that in other refpeXs their characters, were not amiss: That
after the conquest of this State by the British arms in 1780, he
had taken a very active part in favour of that government ;
that after the reduction of Charleftown by the French and
American forces, be had ' fled to the swamps, in company with
many other people of the fame stamp; that he had often had
thoughts of submitting, but was deterred by the fate of many
the Tories, in different parts of the country, who, after
having taken protection from the State, and received the Com
mander in chief's pardon, had been soon after murdered by
Ifume of their old neighbours who bore them a grudge : That
'n° ^"" prisoner's brothers, and three of his cousins, had
Emitted, and immediately upon going home, the deceased
From WEDNESDAY, February 13,
ROYAL
SOUTH-CAROLINA: Printed by R. WELLS & SON, Printers to the King's Most Excellent Majesty.
Vol. 11.
'i" Courfd for the prisoner observed, that if killing a man
in fclf-dcfence, or agreeable to the laws of war, was Efficient
to confirtute the crime of murder, it would confound airideas
of justice. He pip, it was clearly proved, the prisoner had
wanted to submit, it he could be adored that his pardon would
net become his death warrant; that this was no greundkfs
apprehenfiqn, appeared from the fate of his in-others; indeed,
added he, it would be a piece of gr<,fs hypocrisy in me to affe&
to believe, that any perlon within these walls, is ignorant, that
the practice of indiferinrinate murder of the Tories is t< 0 ge
neral, and a disgrace to the community in which it is Suffered
to p. f tmpunifi cd. We know, added he, that ail the French,
and many of the continental officers in this country, have
teßped their abhorrence of it ; nay, there arc even act's of the
kgplatuie, and proclamations of the Commander in chief that
absolutely prohibit it under the fwereft penalties. Viewed in
this light, he said, it would be found that Major Whitefeather
was an enemy to his country; that he Spent his whole time in
openly violating its laws, and that any Tory whom the Govern
ment or this ' rate hao pardoned, and admitted as a citizen,
would be jufified in killing the Major, if he proceeded to
such outrageous violations of the law. lie Said, it did not
appear that the prisoner had formed any design to kill the
^tyor, but had onlyhfted agreeable to the jamaice of war in
k ding an cnem;/ who refutes to surrender when offered quarter.
He adduced mapy other arguments in defence of the prisoner,
and exprefled his hopes that the jury would acquit him.
The Attorney General, in reply, made one of the ablest and
most pointed Speeches ever delivered at that bar. We are sorry
our bounds will only permit us to convey a very imperfect idea
of it to our readers.
He begun by observing, that In's learned opponent had reßed
the pidoner's defence on two points, namely, that it was un
lawful f r Whigs to kill Tories after they had fubmiHed ; and
that it was lawful, in these cases, for th~ Tories to refill, and
even to kill their opponents.
On the tirß head he observed, that Since the maxims of the
army in trying Tories had been happily incorporated in tlie
criminal law, there could be few doubts of the legality of
Whigs putting Tories to death after submission, he repeated the
word Whigs, because one Whig killing another was a very hei
nousand complicated crime ; but a Whig killing a Tory altered
the case entirely, as the former were the original founders of
the State, and were a far more noble and exalted race of m<n;
he said this, was evident from another very p^in rea on, found
ed in the nature of the thing, and obvious to the meanest
understanding, namely, that a Whigwas a Whig, and a Tory
a Tory. [7 his produced a loud clap from the Con? /J.This maxim,
he said, Was so well understood by the Militia, that they never
hesitated at ' any time to kill Tories, after they had received
pardons in the most ample form, provided they bore them any
ill-will ; that the practice was quite common, and could be
traced as far back as the year 1780, when this State was sub
dued by the British arms; that he begged the Jury to attend
particularly to that circumstance, and lefleX that, in that long
period of twenty years, there had not been a fingleJnflanre
of any good Whig being put to death for killing a Tory in cool
blood, because the common sense of the community told them
it was a lawful adion ; that the Tories were so femible of this,
that when the British government was established in the back
country, they very rarely thought of killing their prisoners, or
putting a Whig to death in his house ; that st was true, after
the Bririfh troops were withdrawn from the back country, the
Tories were rendered defoerate by the chaftifemerits infixed
upon them, and retaliated the treatment they received from
us; but this was the natural and unhappy conftquence of not
Readily executing our own plans, which would have extirpated
the Tories entirely, and left none to retaliate. For proof of
this, and several things he was about to mention, he begged
leave to refer to a book that is in every person's hands, a book
that has run through twenty editions in five years. After fay
ing so much, I need hardly tell you, said he, that it is the
Hißory of the glorious Campaign 1781, a hift< ry which, for
accuracy, elegance, and the most minute informations, ex
tracted from private and authcntick family papers, has never
been equalled in this or any other country. Ilethen proceeded
to shew, that when the whole country was over-run by the
arms of the United States in I^Bl, there was an aßeniihing
number of Tories killed in cool blood ; that as there seemed
to be then no obstacle to the progress of bur arms, it was
Major W hitefeather had killed his two brothers in cool blood,
Swearing that no damned Tories fhouldlive in his diftridt; that
upon this his cousins were obliged to abscond again, and to
wr'' e prisoner, being in daily fear of their lives; that Major
v\ hitefeather had killed, according to his own account, seven
teen 7 ories under the fame circumstances; that for every one
""nd 1° killed he had cut a notch on the flock of a Lancaster
r he he carried about with him, when hunting the Tories, and
that he had often been heard to fay, he would not die fatisfied
unwfs he had cut Sam. Swampit's notch; that about a month
before his death, he had come to the house of the prisoner's
father, who had net borne arms for many years, on account
of his great age and infirmities; and after upbraiding the old
man tor harbouring his own son and other Tories, he (hot him
through the head; that, a few days thereafter, he told his
company on a muster-day, that he had entered into an afocia
tion with many friends to their country, pot to spare a Tory
where-ever they could catch him; that Swampit and maty
other Tories had written to the President they would fub'-
iyt, it they were af'urcd they ihould not be murdered, and
tuat Major Whitefeather and other notorious murderers
were brought to justice; that no regard had been paid to their
application ; that thereupon Swampit and his followers were
driven to despair; that they had gone to Major Whitefeathcr's
houfe,' and ordered him to surrender; that notwithstanding of
A': ' le ,' ia d endeavoured to make his escape from them, upon
watch Swampit had ordered the party to Shoot him, which was
mftantly done.
1 he evidence being elofed, the Attorney-General addressed
hiinfcrfto the Court, and said, they th< n saw before them a man
accused of the greatest crime that could Rain human nature; a
vagrant Tory, inhabitant of the swamp, had put to death a ref
pe^table independent citizen cf America, foi no othercrime but
being afiend to his country. The evidence, he said, againßtbe
prisoner, had ' een so exceedingly pointed and clears that he
lias certain the Jury would not hehtate to bring in a verdict
" 1( has the violated peace, honour and dignity of their country
called for.'
T HE
GAZETTE.
to S A T UR DAY, February 16, 1782.
{hen^ T P ^ time t 0 make firmmar y exam p^ of
t tm, that therefore they were put to death in the molt open
mannei, in the face or the Continental army, which would
f/ever have been the cate had it been an unlawful action ; that
i rt ^ 8 w ° uld not cair Y Efficient conviction with
them, he begged leave to produce, from the history before
mentmned, ioractew, among many inßances, which were well
known to moa gentlemen then present, but would make
w°^^^^^ ^ re ^ ccl in this Publick manner.
1 'A ''"' ^ Orangeburg ll was taken, the capitulation
mie, inat toe Garrison should be well-treated, and considered
°' ^ r ;. notiv ^b^ iin g which the militia were
f"'T^ "' the o^ d deliberately foot
T ' asth °Y "" re carrying them to the Conga
was ^ ri ^ iD °^ n a&s of this nature,.
tlo °P s mignt relent it, there was a neceffitv of
wmg appearances, for which reason Gen. Sumpter, who com-
CT" in p ar t° f the country, ordered a c urt of enquiry
; " r Y t^opr I rates, who were said to have perpetrated
nothing could be proved, as the rest of the
~uaid It Led to give evidence agauift them.—He observed
it never could be inferred from this, that Gen. Sumpter w^
so ignorant of the duty he owed his country as to conceive it
1 c " n:e . t? kl] l todies in cor 1 blood, because if he had
% , th ^ ]l ß ht ' be would have had Colonel MM
°~ton tried, as he was the commanding officer of the guard at
V' ' me the murders were committed, and v l2 c of course
beh "'°" r ° f £ uard - Wh en Fort-
Z ndere - d '° General Naifon aii d Colonel Lee,
le ?uifh troops were lent to Charleftown upon their paroles,
put the militia were made prisoners at diferetion. They were
""'7 a ^ uard> wh °> aft er marching them
: ri I '"' P '^ f " e " ° f them tQ death rd this vas done
uhder the eye of a con fniffrened officer, Capt. Hinfon, a Geor
gia refugee, who commanded the guard, and was certainly
&'^i'^"’ befr"™"^' as no rotice wa taken of it by
<wnu.il /imion.-_Foit Motte soon after Surrendered at d fcre
<letffkment. Ihe regular officers were Me
, fer 't to khaileftown upon their paroles, but the militia
oncers were clowly confined in a mill-house, together
tae regular and militia privates. Upon the eveningof theory
P )e , tort /^rendered, the gallant Colonel Lee, al
% °"' y treond in command, sent to the house in which
nf,R d ° uerß were confined, to know if a Lieu*, bulker o'the
f^atra ys a^ong them. Fulker having c. me foru'aM/and
f? ''''" a "' the mcff ' n ^ r orde:ec him to rr
f'""' ™'" d . hmcff 111 °m iateT y to execu ion, mid
two negro 8 tocigiisgrave. Fulkerhav ngafked wha come
^"^ A "™ amused, he md turned a Mrs.
<ate on 1 opfar Creek out of her house, when in the small-pox
by which ihe catched cold and died. It appeared, he fanC
that ^wmenQnt Lunar begged to be brought to trial, that he
might nrme his iipmcume appear; but this was duhM him,
°y^pp^ raked and hangee; he added,
La MaTchy and jacxfon two privates of the militia, were
gripped anti hanged, at the fatrfe tune, by Colonel Lie's or
'"!' ^ercu.fcd of having aded as a gttdq
tothc Btitdh tloops, the othei it having killed one of Gun raj
bumpter's men in action, and some other charges equally h i-
, ocs. Hetaid he wa^ware that sane fierce Arie Jami aba
lots of l ories haJ Alerted, that these men were hanged for the
crises with which they were charged; but he fai: it was
e,ent tirny were put to death for no crime but toryilm, other
wire there would have been a tourt of enquiry o; a comt
martial appointed to enquire into their conduct; he observed
the matter must have appeared in this light,to Capt. M'Pherh n
of Delancey'^ corps, who had commanded the fort, as he
and the other Br tiih officers who were taken with him, inlc -
efted themfclves much in behalf of the criminals, and'infifted
that the regular and militia officers Monel be treated alike --
He then proceeded further to shew, frotn the History of the
Campaign 1781, that the Congaree fort was fufrerdeied upon
condition that the British regulars and militia should be tent:.
to Caarlcßovyn upm their paroles ; that when they were fend
ing the militia prifoueis across the Cungaree river to General
Greene s camp, an officer of ours lined a man to kill one of
toe hiyia named Dawkins, who appears to have been a per
son of some confidera ion; as he had at that time a fen an
officer in the South-Carolina Royalißs; that as tie pri oner's
maichcu in firns, the man, who found there was no opportu
nity of killing Mr. Dawkins, without at the fame time fhoo+h g
the Tory who walked by his fide, fired and killed them Go f
that although this was done in the face of the continental arm/
it was not fuppdfed to be a crime, because Colonel Hampton
and Capt. M'Cord of the state troops, came and viewed tie
dead bodies, and said it was well done, and that they wished
all Tories were in the fame condition ; that General Gre ne
was of the fame opinion also appeared from this, that although
he had the man confined, add promised to Major Maxwell,
the British officer who commanded the fort, to'have the pri
soner tried for murder, yet that truly great man, when he
leached Ninety-Six, turned him loofc without a trial. He
AAA tp at when Augufla fell, Colonel Grieifcn, of the Roval
Militia was killed after he was made a prisoner, although he
was a man of firi& honour arid unblemished Aara^er; yet
our gallant countrymen rightly conceived this to be no atoi e
ment tor toryifm; that Colonel Brown, of the regular forces,
although extremely obnoxious to us, was taken particular
care of by the intrepid Lee, who sent a detachment of his
own legion to escort him to Savannah. He recalled to their
remembrance what happened when Charleflown surrendered
to our victorious arms, where, notwithstanding a formal ca
pitulation, all the leading Tories were assassinated in the streets,
except those who were fortunate enough to get cn board the
French Blips in the harbour. .He said, if it was aiked why so
great a dißindion made in the treatment bf the British regu
lars and militia, since they were both Tories, the reason was
very obvious. Of these two classes of soldiers, the regulars
were by far the most formidable, and had it more frequently
in their power to retaliate upon our people, w hen prisoners
in^ their hands, any bad usage they might receive from us,
which would have been a matter of the most serious conse
quence to the independent citizens of these Rates. It was
therefore highly neceflary to treat the regulars with modera
tion, and to reserve the vengeance of an injured people for the
tories. Having proved that it was owing to this cause that so
greet a diftindion was made by our troops between the British
regi lars and militia, he mentioned Colonel Hayne's caf.
Numb, ioi;