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West Indies； to carry on war to advantage with our allies the French。 But
this matter might easily have been adjusted by treaty； and the rejection of
the offer was certainly another piece of blind policy in the civil authority。
They had now no means of taking the town； and by acceding to the
proposals； Greene's army might have been clothed； the wants of the
citizens sooner supplied； and much effusion of blood prevented。
Early in the month of January； in this year； the Jacksonborough
assembly commenced its session。 As might have been expected； it was
entirely composed of those； who either in a civil or military capacity； had
distinguished themselves in the late contest。 In the senate we have seen
there were but thirteen members； which was a bare quorum； and Gen。
Marion could not be spared； for it would have broken up the house。 In the
house of representatives； there were but seventy…four members； of whom
sixty formed a quorum。 Both houses were therefore remarkably thin； but
what they lacked in numbers they made up in spirit。 They passed the well
known confiscation law； avowedly to retaliate on the British for having
acted in like manner to those who had adhered to the Americans； but
privately with a view to enable the state to raise its quota of continental
troops； for Gen。 Marion； in a letter to Col。 Peter Horry； of the 10th of
February； states； that 〃Two regiments are to be raised； as our continental
quota； giving each man a negro per year； which is to be taken from the
confiscated estates。 A number of large estates are down on this list； and
others are amerced； which will give us at least a million sterling as a
fund。〃 And a clause in the act passed； enacts； 〃that there shall be set apart a
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Life of Marion。
sufficient number of slaves to raise the quota of continental troops
required of this state。〃 How far this law might be justified； on the plea of
necessity and self…defence； is quite a different ground from that of
retaliation。 In the preamble to the law； the reason given for enacting it is
retaliation upon tories for the injuries done to the property of the whigs by
confiscations； but there appears to be no sound reason for passing the law
as a retaliatory measure。 Between rulers and subjects； or citizens； the
duties of subjection and protection are reciprocal； but； in this case； the
rulers were unable to protect the citizens； and therefore ought not to have
expected from them such implicit subjection。 It was only by a few daring
spirits； and that generally in places remote from the enemy； that resistance
was kept up； yet； under existing circumstances； it was not to be looked for
from the timid more immediately in their power。 But； as a measure of self…
defence； the law was justifiable。
The governor and council； armed with the supreme power of the state；
had impressed the horses； provisions and indigo of the whigs； for public
services； and that proceeding had scarcely excited a murmur。 These
resources had now failed； and the war was to be carried on without money；
then what good reason could be given for exempting from requisition the
negroes and other property of the tories。 In this point of view the case
against them becomes the strongest of the two。 Yet the clamour raised
against the law at the time and after； was great； in the legislature their
friends became numerous； and as each particular case was brought
forward and considered； it was made an exception； and the act became a
nullity。 John Matthews was elected governor of the state； after Gen。
Gadsden； for whom a majority of votes was first given； had declined
serving。 A bill was brought in to indemnify several militia officers who
had been concerned in impressing indigo and other property necessary for
public service。 Gen。 Marion's name was at first inserted on the list； but
when it came to be read in the senate； he rose and moved to strike it out；
saying； if he had taken the property of any man improperly or
unnecessarily； he was willing to make restitution。 The bill passed into a
law without the general's name。 Before the adjournment； the powers left
with the governor and council； were as extensive as usual。 Gov。 Matthews
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Life of Marion。
appears to consider them in a letter to Gen。 Leslie； （12th April） as equal to
dispensing with parts of the confiscation act。 The evacuation of Charleston
took place on the 14th of December； 1782； but the militia were not
permitted to be witnesses of the ceremony。 The civil authority had
interposed to exclude them as dangerous spectators； and Gen。 Greene in
his letter of the 22d of November； was so much hurt at it； that he takes
particular pains to exculpate himself from any participation in that order。
In this treatment； the militia shared the fate usually attending humble
friends； who are seldom caressed by the great any longer than they can be
subservient to their views or interests。 Gen。 Marion and his brigade were
now to part forever。 But as its movements had always been directed
without pomp or parade； so its discharge was conducted with republican
simplicity。 In his favourite encampment at Watboo； and on the side of the
cedar trees； he thanked his officers and men for their many and useful
services； and bid them a friendly and affectionate farewell。 Two years and
a half had now elapsed since Gen。 Marion first assumed his command； his
appearance was not prepossessing； his manners were distant； but not
repulsive； yet few leaders have ever been so popular among their men；
none ever had more of their confidence。 He had so much influence as to
settle amicably many disputes among his officers； and even private men；
and never was a duel fought by any of them while under his immediate
command。 His stratagems appeared intuitive。 Did Gen。 Marion march in
person to the attack？* then the common conclusion