life of francis marion(弗朗西丝·马利翁传)-第33章
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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。 Stewart had posted himself to great advantage at Eutaw； his
head quarters were in a strong brick house； which stood at that time a little
to the west of the spring or rather fountain。 In his rear； to the south； there
was an open field； in his front a thick wood covered with pines and
scrubby oaks。 Below the fountain on his right there was a deep valley；
through which the Eutaw creek； five or six feet deep； takes its course
towards the north…east。 Between the fountain and the brick house the
Congaree road passes to the north。
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Life of Marion。
* Col。 Doyle gives him that title in a letter hereafter noticed。
It was down this road Gen。 Greene marched to attack the British army；
on the memorable 8th of September； 1781。 The effective force of each
army was nearly equal； except the cavalry； in which Greene would have
had the advantage； if the nature of the ground had permitted the use of it；
for none of the ground was then open； and particularly on his left it was
covered by scrubby oaks。 While moving down the road in the morning
with much circumspection； Col。 Lee in advance met a party which covered
another that was foraging。 Several of these were killed； and their captain
and forty men taken。 Pressing forward； Lee soon met another party； with
whom another action commenced； and he requested the support of artillery
to counteract that of the enemy； which had now opened。 Two field pieces
were quickly brought up by Capt。 Gaines； and began to fire。
During this firing both armies formed。 The South Carolina militia
under Marion； and the North Carolina under Col。 Malmedy occupied the
first line； the South Carolinians on the right。 The continentals formed the
second line。 The Virginians under Col。 Campbell； occupied the right。 Gen。
Sumner with the North Carolina new levied troops； the centre； and the
Marylanders； under Cols。 Williams and Howard； the left； on the
Charleston road。 Lee had charge of the right； and Henderson of the left
flank； with their cavalry。 Two field pieces were disposed in the front and
two in the rear line。 Washington's horse and Kirkwood's infantry formed
the reserve。
The enemy was drawn up in one line； the Buffs on the right； Cruger's
corps in the centre； and the 63d and 64th on the left。 Major Marjoribanks
with one battalion of light infantry was posted on the Eutaw creek；
flanking the Buffs； and the cavalry under Major Coffin were drawn up in
the open field in the rear； these were not numerous。 Th
