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imprisonment。 Further； the second proclamation declaring all paroles； after
the 20th June； to be null and void； was an arbitrary change of what had
been agreed upon by one party； the strongest； without the consent of the
other； which； in the language of civilians； ~is odious~。*3* Then the
British commanders； having broken their covenant and declared it void；
upon what principle could the people be punished by a breach of it？ Upon
none； for it did not exist。 But further； the taking up arms in favour of the
British； in nine cases out of ten； was compulsory； and could have no
binding effect； either legally or morally speaking。
*1* Puff。 L。N。 viii。6。24。 Vatt。 B。2。C。14。 S。214…15。 *2* Ibid；
B。2。C。13。 S。200。 *3* Vattel B。2。C。17。 S。304。 B。3。C。13。 S。201。
In addition to the enormity of the principle； upon which such men
were to suffer； was the uncertainty of the law； for Lord Cornwallis' orders
are so confusedly drawn； they will admit； as against the accused； of any
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latitude of construction： yet they denounce confiscation； imprisonment and
death。 Under the circumstances stated； the confiscations of Lord
Cornwallis were robberies； his imprisonments were unjust and cruel； and
his executions； always upon the gibbet； were military murders。 And if； to
gain his point； he did not； like the Duke of Alva； （employed in a similar
vocation） make use of the rack； the stake； and the faggot； yet Lord
Cornwallis resorted to every other mode of punishment； a more improved
civilization had left him； to suppress civil liberty。 Such was the character
of the commander in chief of the British forces in South Carolina。
Now； we hold a generous foe entitled to favour and respect； and we
shall hereafter bestow it； wherever due； but the interest of humanity
requires； and it is a sacred trust； in the historian； that cruel domineering
spirits should be fully exposed。
Soon after the affair at Nelson's； Gen。 Marion marched back to Port's
ferry。 On the way； many of the militia； and all the liberated continentals；
except three； deserted him。 Two of these were Sergeants M‘Donald and
Davis； who were afterwards noted； the first for his daring spirit and
address in single combat； the second； for his patient services； after being
crippled by a wound。 It is a real pleasure to record the virtues of men； who；
serving in a subordinate capacity； never expected such virtues should be
known。 By the exertions of Gen。 Marion and his officers； the spirits of the
drooping militia began to revive。 But about the 27th day of August； when；
having the command of only one hundred and fifty men； he heard of the
approach of Major Wemyss； above Kingstree； at the head of the 63d
regiment； and a body of tories； under Maj。 Harrison。
Maj。 James was instantly despatched； at the head of a company of
volunteers； with orders to reconnoitre； and count them。 Col。 Peter Horry
was called in； and the general crossed Lynch's creek； and advanced to give
battle。 The night after Maj。 James received his orders； the moon shone
brightly； and by hiding himself in a thicket； close to their line of march； he
formed a good estimate of the force of the enemy。 As their rear guard
passed； he burst from his hiding place； and took some prisoners。 On the
same night； about an hour before day； Marion met the major half a mile
from his plantation。 The officers immediately dismounted； and retired to
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Life of Marion。
consult； and the men sat on their horses in a state of anxious suspense。 The
conference was long and animated。 At the end of it； an order was given to
direct the march back to Lynch's creek； and no sooner was it given than a
hollow groan might have been heard along the whole line。 A bitter cup had
now been mingled for the people of Williamsburgh and Pedee； and they
were doomed to drain it to the dregs： but in the end it proved a salutary
medicine。 Maj。 James reported the British force to be double that of
Marion's； and Ganey's party of tories in the rear； had always been
estimated at five hundred men。 In such a crisis； a retreat was deemed
prudent。 Gen。 Marion recrossed the Pedee； at Port's； and the next evening；
at the setting sun； commenced his retreat to North Carolina。 （28th August；
1780。） He was accompanied by many officers； the names of all are not
now recollected； and it may appear invidious to mention a few； the
number of privates had dwindled down to sixty men。 Capt。 John James；
with about ten chosen men； was left behind to succour the distressed； and
to convey intelligence。 The general's march； was； for some time； much
impeded by the two field pieces； which he attempted to take along； but；
after crossing the little Pedee； he wheeled them off to the right； and
deposited them in a swamp； where they may since have amused the
wondering deer hunter。 This was the last instance of military parade
evinced by the general。 By marching day and night； he arrived at Amy's
mill； on Drowning creek； whence he detached Maj。 James； with a small
party of volunteers； back to South Carolina； to gain intelligence； and to
rouse the militia。 Considering the distance back； and the British and tories
in the rear； this was a perilous undertaking。 The general continued his
march； and pitched his camp for some time； on the east side of the White
marsh； near the head of the Waccamaw。
At this place； the author had； （in the absence of his father；） the honour
to be invited to dine with the general。 The dinner was set before the
company by the general's servant； Oscar； partly on a pine log； and partly
on the ground； it was lean beef； without salt； and sweet potatoes。 The
author had left a small pot of boiled homminy in his camp； and requested
leave of his host to send for it； and the proposal was acquiesced in； gladly。
The homminy had salt in it； and proved； although eaten out of the pot； a
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