第 29 节
作者:江暖      更新:2021-02-19 20:44      字数:9322
  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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  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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  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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  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