The royal gazette — [Charleston] S.C., 1782-02-16 00:00:00, page 4

Meffc. WELLS & SON,
Gentlemen,
THE Commandant has direrted me to lignify 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 she 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 mod obedient Servant,
February 13th, 1782. C. FRASER, Town-Major.
Gentlemen, 1
THE inhabitants of the British Colonies in North-America
having laid claim, in a very early period, of their present
contest with the Mothef 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 of Nations into which they were so anxionf-:
Jg defirous.of being admitted. Nor did this expectation appear
the let's reasonable, when the mode of carrying on the war againft'
them, which GreaUßritain had adopted, was examined) that 1
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', whose inhabi
tants, though indebted to her fofteririg care and protection for
'every advantage thej< poffeflfed, now ungratefully revolted from
her lawful authority. But, have events fully iuftified the pro
priety of relying thus far on the honour of Rebels ? Have they,
in every instance and situation, ftrHßy^adhered to those maxims
of warfare, vyhiph have ten eftabjiffed, by the uniform.prac
tice of civilized nations ? Have they, in their connexions with
the British Army-, which the events of the war gave rife to,
constantly regarded a rfiilithry pardle asbinding, or a civil oath
as frered, when ijitereft or even some trivial convenience was
to be given up by observing them ? And might it not have been
forefeen, that a set of people, whelm neither gratitude not
allegiance cpuld,ipd, would disregard every lesser obligation ?
An.impartial" history of the whole war w'otild furniih the
molt fatisfaXory 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, mid'
of too exteniive amature to come within the limits of a letter in
a newspaper. But I trust that some person will hereafter be
;found poffefling fufficient capacity and information for this ne.
ceffary talk, that the World, hitherto grossly deceived with
refped to every thing that relates to America, may be made
acquainted with the true cause of Britain's being so long foiled;
in he# attempts to reduce her revolted colonies. Then it will
be known, that frequent opportunities have been given up of
rutting an immediate end to the rebellion, because the mea
lurcsthkt led to that deferable object were thought feme ; and
that the only returns which have been' mhde by the Americans
for such lenity, are instances without number of the most fla
grant perfidy and basest treachery. : „
Leaving thfo this ample harvest of historical glory to be ga
thered by fottie more fortunate person, T shall content myfeif,
in this letter, with examining how far the actions of mycoun
trym'en in particular, have been agreeable to the uhiverfally
'received notions of integrity and honour. In difeuffing this
' fiibjeX, I Shall allow them the very ground they have been
so long labouring to get poffeffibn of; I shall fiippofe them for
a moment, fully invested with the rights and privileges of a
Sovereign People) and yet, I flatter myfelf I shall be able to
demonstrate, that their condurt, if judged.of by the Standard
of the Law of Nations, has beep base and infamous. To do
this, I have only to exhibit a Series of unadorned farts, be
ginning with the invasion of this Province, id the year 1780.
Immediately after the arrival of the British Army, a ,0-
clamation wis iffited, to inform the inhabitants, that if they
remained peaceably at, their homes, no injury should be offered
to them, either in their persons or properties. Their assistance
was not demanded in reducing this garrison, or in forwarding
any other military operation; and this was evidently done
with the view of exposing no one to the resentment of his coun
trymen, should the siege have proved unfuccefsful. 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 cbmpleatly reduced, and the?e was
scarcely a perlon in it, who was not eithera prisoner, or a
volunteer with theßritifh Troops. In this situation of affairs,
no retrofpert was ever had to the past behaviour of the firft
•promoters and abettors bt 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 the interests oftheir
Sovereign. The Militia Prisoners were fuffered to remain at
their own homes, and to follow their usual occupations. Such
of them as were taken in the country, and who; from the cir
oumftance of not being concerned in the defenceof thi^ place,
were considered in general as less attached to the cause of
ebellion, were in a Short time released from their paroles, and
most of them immediately, and with but little ceremony, re
admitted to the enjoyment of the pfiyileges. of a British fub
jert. Others, however, of a less innocent character, and those
who were comprehended in the capitulation of Charleftown,
were forced, in order to obtain thefame end, to go through
such a variety of diftrefling forms to a man of spirit, as were
thought would effectually prevent any person from making ap
plication who did not Sincerely delire to return to his allegi
ance. It was hehlto be a matter of grace and favour for one
who had been a Rebel, to be admittedlo 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 being
included in the number of her fubieds, firft presented their
humble petitions to the commanding officer of this garrison,
expressing their detestation of the former measures, and their
ardent vrifhes again to enjoy the benefits of the British Consti
tution, which they were now 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 fa the registry of the Board of Police, I shall fob
join to this letter. It did not however entirely depend on the
art of petitioning to become a fubjert. The petitions, I believe,
of every one, were referred by the Commandant either to the
tonfideration of the Board of Police, or of a number of pri
vate gentlemen of known integrity and loyalty; and 011 their
determination the fate of the applications rested. Many of
them weie 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. In the last place, each person,
before he received a certificate of his-being a fubiert, was
obliged to sign a declaration of allegiance, in the presence of
an Intendant ot the Police. The form of the Declaration com
monly used, I shall annex to the copies of the petitions.
The whole inhabitants were in this manner divided into two
clafles, the one of Prisoners on Parole, and the other of Volun-:
tary Subjerts. Aby person therefore, acquainted with the duties
which are performed in Europe by each of these descriptions
of men, would have thought, that as there was now no military
&ce within the Prqviiu;e opposed to the British Government, 4
To the Printers of the Royal Gazette.
nothing could fluke it but ^formidable army invading it from
the other colonies in rebellion. But conclusions drawn from
the general practice of European nations, will seldom hold
good w;hen applied to she Virtuous Sons of America. Their
favourite maxim/has. always freerty thft'the end juAifies the
means. What therefore could be blame-worthy, which in any
degree contributed to the gaining of that pious and laudable
objert, the Independency of their Country? Had not Cengrefs
already declared it to be as fixed as Fate, and wouldit not hare
been impious to disregard the intentions of Providence, so
clearly communicated to this new band of prophets ? Such may
be the reafomug of an American ; and on the justice of it I leave
the World 'to decide. Thp)feJ is however, that no hostile
army has ever" entered this Province since its conquest, equal,
even in numbers, to the British Forces in it, and yet, from
th^ time of Gates's appearing upon our frontiers to thisperiod,
such numbers, both of Prisoners on Parole apd New Subverts,
have gone off to the Rebels, that they now couftitute by far
the greater number of the men who are in arms in this country
against the Britifli Government*. !• ^ ,
What person is there, disinterested in the event of the war,
and poflefling the generous feelings which do honour,to hu
manity, that will nor fxc'aim on' reading this narrative, Jf
these things be true, no punishments afe too severe for such
monsters of ingratitude and perfidy? Ifthe authenticity of the
farts related, be made the test of the propriety of punishmentin
general, I appeal to the inhabitants, of this place, and demand
in what point I have erred ? Bfc with reipett to the degree, of
punishment, Idare not prelume to give any opinion of my,
own. I leave it to be determined by the Law of lleafoh and of
Nations. Let us therefore enquire into what Reason dilates,
and what L, ms do, refperting these matters.—And firft,
with regard to a breach of a military parole.
In the rudest states of society, when a whole nation compri
zes but a few individuals, wars are commonly entered into from
motives of perforial revenge. The combatants fight with no ,
intention but that of destroying their enemies, she fefr pri
loncrs therefore that may be taken by each party, are either
immediately killed, or are reserved for death by torture. When
manners somewhat refine, ami Stipes, from conquer or other'
circumftanqes, have become more confiderablc, war is fre
quently begun.frbm views of national interest, or ambition.
The soldier has no private reieutmoptto gratify ; if the battle
is won, he rightly conceives he has clone his duty. He
obeys the voice of Humanity, which c^l/s on him not need
lessly td deftrwy the lives of his fellow, creatures; but he
at the fame time thinks himfelf fully intitled,to the perpetual|
services of the person whom he has thus saved from Qeath.•
The prisoner therefore becomes a Have? This was the I #neral'
practice of those nations of antiquity, the Greeks and Romans,
whom we regard as highly policed and civilized. In modern
Europe; a prisoner W rilfo, for a considerable time, so far'
accounted the property 0! the captor, that a price wasict on his
" liberty, and that boffixed by any general rule, nor in any 1
portion to his rank in the army, but as greatas it was thought
he could possibly give. As in all war\ however, e^ch of the
contendingpartics" m'nft fuffer, though perhaps not equally,
it at length became customary for nations to use their prisoners ,
with tendernds^nd-humanity, in exportation that their coun
trymen would receive the like treatment when in captivity, and
also to eftablifha generalsule for the mutual exchange of the pri
soners each party had made. Though this practice appears ex
ceedingly natural,tp us, it waseither so little known to the An-'
cients, or so little used by them, that in,all their history we read
of only one carfel. The last refinement s on the treatment of
pawners, w@s ? the invention of paroles; a circumstance that,
affords the molßhobourable teflimcny that can be given, of the
. fuperiorintegrity and food faith of the'Modern^, with whom it
has been found, that a simple promifeafforus greater security,
than the most rigid confinement. '' 4
I have been tbus.particuhr in.markmg^he different modes of
treating prisoners, in the different Rates of fociet/, in order
to Ihew, that what is now used, is neither commanded by the
Law of Nature, which authorizes the putting to death of out
enemies, by every fair means, wherever we can find them ; nor
by what is generally accounted the Law ts Nations, which
vests in the captor an absolute property in his prisoner. A pa
rolethefefore can never be demanded as a matter of right,
but may be given or not, agreeably to the opinion which is
entertained of the integrity of the prisoner. If this confidence
be found to have been in any instance mifplaeed, and whatfwas
meant as a humane indulgence, be converted into a fourctof
injury, the more dangc.ous as urtexperted and unguarded a
gainst, Reason dirtates, that the offender, be treated agree
ably to the feiereft rights of war, which, as I have said
before, authorize the death of all persons taken in battle.
Ciiftom and content of nations support this conclusion; partly
for the fame reason, 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 molt generous and benevolent cuftorn is founded. Such
therefore is the treatment those persons in this country, who
have broken their paroles to the British Army, have aright by
the Law of Reason and Nations to expert.' ° '
Little need be said concerning the punishment which those
deserve, who have violated their oaths, or declarations of alle
giance. We have only to appeal to the prartice of the Ame
ricans themselves, and we will find, that transgressions of that
nature, are by them always punished with death. Scarcely
a newspaper is brought to us from the northern provinces
which does not contain an account of the publick execution
of some perfpn'accufed of holding cofrefpondence with the
British army, or of being attached to its interests. Many in
deed have been deprived of life on bare suspicion, and that
too by the regular forms of their courts of law. They surely
therefore cannot deny us a light, which.they exercise with
luch freedom themselves, 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 troops,
they ceased to give them protection. Not to mention the ab
surd consequences this dortrine would lead to, if carried to its
fulleft extent, which would even have juftified the inhabitants
of the city of London, in erecting themselves into a state, in
dependent bf 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 corapofed ? Is it not of the united efforts of all the indi
viduals, directed by the supreme power of the Rate, as ooca
fions may demand?-Is it not therefore agreeable to the order
of things, that the fubjeCts should lend their assistance to Go
vernment, before Government is in a situation to afford this
protection ? But did the New Subjects of Britain in this country
afford that support to its governmerft, 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 queflions be answered ip the affirmative, and
— . , • TT—
* The World quill scarcely believe, that the Leg'llature of an,
people, the leaf civilized, could make it criminal in their Abjeßs
to adhere to a. military parole. This, however, bar been done 1, the
Rebel Affem bl, of North- Carolina ; and Mr. Burke, their Governour,
who was. lately brought hither afrifoner, has Jbeq&n, by violating
hit parole, how far he intends to put that law into execution,'
SOUTH-CAROLINA.
To Lieut+ Col. NISBET BALFOUR, Commandant at
Charlestown, fcfe. Wc..
The Humble PETITION of James Smith.
SHE IFETH,
THAT your petitioner dreading the variety of sanguinary
laws, enacted during the late feene of tyranny and usur
pation, against those who refufed, from a sense of their duty
to their Sovereign, to take an artive part therein, was con
strained, against his inclination, to acquiefee under it.
That your petitioner difeards all allegiance to. an, other
government than that of his most gracious Sovereign, in fy
opinion the best calculated to support the fubjert in his petfora
and property.
That your petitioner, when his Majefty> forces besieged
Charlestown, rather than take up arms against them, declined
coming to town, though threatened by the late rulers, with
confifeation of his whole estate, both real and personal.
# That shortly after the surrender of Charletlown, your peti
tioner yielded up himfelf prisoner, and was by his parole,
confined to the limits of his plantation.
That your petitioner, being in town, takes the opportunity
of manifefting his zeal for his Majesty's government, under
whose mild administration he formerly enjoved the greatest
happiness.
Your petitioner therefore prays your Honour, to allow your
petitioner to become a fubjert to his most gracious Sovereign,
whom he solemnly promises to serve with the most inviolable
fidelity and attachment, and whose 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
to be a true and faithful fubjert to his Majesty, the King of
Great-Britain, and that I will at all times here ,fter be obedient
to his government; and that whenever I shall be thereunto
required, I will be readv to maintain and defend the fame
against all persons whatever.
Subscribed and acknowledged, at CharleJlown, the da,
of 178 before me
* This is the Mr. Smith, who was brought to town a prisoner
in the course of last summer, on the moj? pofcive proofs being ob
tained that he had deviated from his allegiance* He was boon
allowed the liberty of certain Jireets, and was afterwards fuffer*
ed to go to James's fiard on his parole.—Not willing however
to co itradia, by his own example, that well known fa# in burhaft
nature, that favours heaped or. a person who has injured you,
renders him your more implacable enemy, he quickly violated b's
parole, and joined the Rebel army; where. lam told, be has been
rewarded with a military commission for bis honourable services.
S?!^”^i^^w^,. ■.■^.^un^^^^asi.^^
MASI ERS of vessels, and inhabitants or the town, may
be supplied with BEER, at a reasonable price, at the
Brewery of Charlefowß. fen.
I think no one can be absurd enough to do otherwise, most of
the revolted fubjerts may find, that the stale excuse, derived
fiom the dortrine of the reciprocality of allegiance and pro
tertion, will no longer screen them from the vengeance or an
injured and insulted Government. =
The importance of the fubjerts I have treated, will form the
belt excuse I can offer for my feeble attempts to do them
justice. The undertaking fecmed to me to be highly neceffarr
as many persons in this country are so ignorant of the customs
and rights of nations, as to suppose, that though they have
violated their military paroles, or their oaths and declarations
of allegiance, they will fill be considered as prisoners of war
fhould,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 ft fourceof never-ceasing plea!
fare and delight. But with reflect to those who have thii
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 MEgeY but aib
other name for injustice.
A CAROLINA LOYALIST.
Chrtrleflbqbn, February ,tb, I^l.
COPIES of PETrri ONS.
To NISBET BALFOUR, Colonel of his Majeftfs Twenty.
Third Regiment, and Commandant of Charleftown.'
The humble PETITION of Jonathan Lawrence.
SHA WETH,
THAT since the reduction of Charleftown your Petitioner
has 'been on parole.
That your petitioner is now desirous of returning to his
allegiance, and to be considered as a peaceable fubiert and in
habitant of Charleftown.
Your petitioner is therefore humbly contained to implore
your Honour will take his case into consideration, admit him
as a fubjert, and indulge him with the privileges enjoyed by
such ; and your petitioner, as in duty bound, will ever pray'
(Signed) JONn. LAWRENCE.'
Charlefowr, "June 25th, 1781.
SOUTH-CAROLINA.
To the Honourable Lieut. Col. NISBET BALFOUR,
Iffy's Forces, and Commandant of Cbarleftown.
The humble PETITION of Richard Ellis.
SH EWETH,
THAT when the inhabitants of Charleftown were signing
^an address to the Commanders in Chief, congratulating
them on their success, and manifefting a delire 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
said address.
@ That your petitioner thought himQtaereby entitled to the
rights and privileges of a Britifit fub,e*,and when he called
a few days ago to receive his protection, was much surprised
to find that his name was not inrolled among those of the
other faithful fubjerts. 1 „
Your petitioner apprehends, that this mistake was entirely
owing to his being absent from town, at the time when in
amendment was proposed to the faid-addfels, and which your
petitioner had not an opportunity of fignihg, as he lived in
the country. e;
Your petitioner therefore humbly prays your Honour will
a^ow him to become a fubjert to his most gracious Sovereign,
whom he will ever after serve with the most inviolable fidelity,
aiid whose government he will always maintain anti defend
with his life and fortune. And your petitioner will pray.
(Signed) RICHd. ELLIS.
lath Ollober, 1780.