life of francis marion(弗朗西丝·马利翁传)-第29节
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plantation near the canal； where Gen。 Marion now lay； with many
prisoners； and without the loss of a man。 In his letter of the 10th of August；
1781； noted above； Gen。 Greene writes to Marion； 〃you will see by Col。
Harden's letter； the enemy have hung Col。 Hayne； do not take any measure
in the matter towards retaliation； for I do not intend to retaliate on the tory
officers； but the British。 It is my intention to demand the reasons of the
colonel's being put to death； and if they are unsatisfactory； as I am sure
they will be； and if they refuse to make satisfaction； as I suppose they will；
to publish my intentions of giving no quarters to British officers of any
rank that fall into our hands。 This will be delayed for some few days； to
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Life of Marion。
give our friends in St。 Augustine* time to get off。〃 The measure thus
proposed was quite too extensive in its nature to have been carried into
effect。 The true reason why there was no retaliation was the last；
respecting the friends in St。 Augustine； and it is suspected that it originated
with the governor and council。 The British army was now no longer
commanded by Lord Rawdon； he had retired to Europe； and was
succeeded by Brigadier Gen。 Stewart。 Lord Rawdon had defended
Camden as long as he could with vigour and ability； but lately stained his
reputation by the execution of Col。 Hayne。 In extenuation of this act； it is
said by his friends； he only obeyed the orders of his superior； but if he
really disapproved that act of cruelty； he could easily have avoided taking
a part in it； for as he was shortly to sail for Europe； he might have left the
execution of it to Col。 Balfour； as being congenial to his natural
disposition。 This proceeding was sudden and unexpected； and produced a
great sensation in the American army。 When Gen。 Greene demanded the
reason of it； Lord Rawdon had either departed or returned no answer； but
Balfour stated； that 〃it took place by the joint order of Lord Rawdon and
myself； in consequence of the most express directions of Lord Cornwallis
to us； in regard to all those who should be found in arms； after being； at
their own request； received as British subjects。〃 Now； although Lord
Cornwallis； when flushed with victory； issued cruel orders； yet it is not to
be presumed he acted the tyrant so far as to communicate private orders to
Rawdon and Balfour； but the only case in which his public orders directed
a capital punishment； is the following： 〃I have ordered in the most positive
manner； that every militia man； who has borne arms with us； and
afterwards joined the enemy； shall be immediately hanged。〃 But it was
never pretended that Col。 Hayne had borne arms with the British； when he
submitted； he expressly stipulated with Gen。 Patterson； that he was not to
do so； and when； notwithstanding such stipulation； he was called upon for
that service； he positively refused； although threatened with confinement。
Besides； both Moultrie and Ramsey assert he did not serve with the British；
and as far as negative proof can go； this should be conclusive。 But the fact
that he bore arms with the British is not charged against him； his
accusation was； 〃being at his own request received as a British subject。〃
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Life of Marion。
Then Col。 Hayne neither came within the letter； nor the penalty of the
order issued by Lord Cornwallis； and his blood rests upon the heads of
Rawdon and Balfour。 A fair state of the case is； that Col。 Hayne had been
considered by the British a character of great influence； and after the fall
of Charleston； having applied to Gen。 Patterson； then commandant； for a
parole； he was refused one； and was threatened with confinement if he
would not subscribe a declaration of allegiance。 Under the influence of
this threat； by the advice of friends； and the stipulation above stated； he
was induced to sign the declaration； and he was now tried for a breach of
his allegiance。 Lord Cornwallis punished for breaches of parole； but this
was a new charge； made by Rawdon and Balfour themselves。 But Hayne's
signature to that instrument； had been obtained by duresse； and the part of
the country in which he lived had been for several months in the
possession of the Americans； and the British were unable to protect him in
his allegiance。 These； and no doubt other grounds； might have been
alleged in his defence； but he was at first promised； and afterwards refused
to be heard by counsel。 The law of nations； as we have seen； was often on
the lips of Balfour； and here was a case which came clearly within that
code。 Then the forms of justice should have been carefully observed； the
accused should have been heard in his defence； the spirit of the law should
have been the guide of the judges； with a leaning in favour of lenity and
mercy； the passions ought not to have been suffered to interfere； where the
minds of the court should have been regulated by justice and wisdom； and
finally； the judges should have proceeded deliberately； avoiding every
thing like haste in their decision。 Such is the law of nations。** But neither
the forms of justice； nor the spirit of the law were observed； the accused
was tried by a court martial； in which； after the production of the
declaration of allegiance； the only inquiry made was； 〃whether he had
been taken in arms？〃 And that being proved； the defendant received a
summary sentence of death。 A most feeling intercession was made in his
behalf； but in vain； all that could be obtained was a few days delay of the
execution； which otherwise would have been hurried on in the most
indecent manner。 Col。 Hayne died； not indeed the death； but with the spirit
of a soldier； and a martyr in the cause of civil liberty； he met his fate
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Life of Marion。
calmly on the gibbet。 The character of Balfour was already so black there
was scarcely room for an additional blot； but the execution of Col。 Hayne
must ever continue a stain upon the reputation of Lord Rawdon。 He had
not even the excuse that it was the law of the conqueror； for Lord
Cornwallis and himself were conquerors no more。
* These St。 Augustine friends； were sixty…two influential characters；
citizens of Charleston； whom Lord Cornwallis； soon after the town
surrendered； had ordered to be sent and imprisoned at St。 Augustine；
contrary to the terms of the capitulation。 ** Vatt。 B。1。C。13。 S。170…2。
Montesq。 B。6。C。3。
The two hostile armies still lay encamped and watching each other in
the positions before mentioned； at Bloomhill and M‘Cord's ferry； but
about the beginning of September； Gen。 Greene； for the want of boats；
marched up the Wateree and crossed it not far below Camden；* and
marching down through the fork between the two rivers； passed the
Congaree at Howell's ferry and encamped at Motte's plantation； on a direct
route to meet the enemy； who had been encamped but a short distance
below him。
* It is believed； at English's ferry； nine miles below Camden。
Here he received intelligence that the British army commanded by
Brigadier Gen。 Stewart* had retreated and halted at the Eutaw Spring；
about forty miles below； that they had been reinforced there； and were
about to establish a permanent post。 To prevent this； he determined to risk
a battle； though his force was thought to be inferior。 Accordingly he sent
back his baggage to Howell's ferry； and proceeded by easy marches to
Burdell's plantation seven miles from Eutaw； where he was joined by Gen。
Marion。 Gen。 St
