When the British laid siege to Charleston in 1780, John Rutledge, as president of the council, fled to North Carolina to ensure a "government in exile" should the city fall. Gadsden remained, along with Governor Rawlins Lowndes. General Benjamin Lincoln surrendered the Continental Army garrison on May 12 to General Sir Henry Clinton. At the same time, Gadsden represented the civil government and surrendered the city. He was sent on parole to his Charleston house.