a habit of enacting indigo-tinted laws, and likewise enforcing them,
which might have made the Puritans sit up late at night to beat them.
Aside from the stern and vindictive intolerance which finds utterance
in the acts of the Virginia Assembly between the years 1662 and 1680,
the most striking element in them is the tremendous premium placed
upon spying and informing. In most every case in which such a reward is
possible the law encouraged the man to spy upon his neighbor.
If the Virginia husbands agreed with Kipling that "a woman is only a
woman, but a good cigar is a smoke," the following act must have been
the occasion of much domestic infelicity.
"If a married woman shall slander a person the woman shall be
punished by ducking, and if the damages shall be adjudged more than
500 pounds of tobacco her husband shall pay, or the woman receive a
ducking for every 500 pounds so adjudged against her husband if he
refused to pay the tobacco."
Unless a man was well stocked with the divine weed it was worth while
to attend church with promptness and regularity:
"Enacted that the Lord's Day be kept holy and no journeys or work
done thereon, and all persons inhabiting in this country shall
resort every Sunday to church and abide there quietly and orderly
during the common prayers and preaching, upon the penalty of being
fined fifty pounds of tobacco."
Devices for public instruction and amusement were not to be neglected
with impunity, even by the courts of the colony, as witness the
following:
"The Court in every county shall set up near the courthouse, in
a public and convenient place, a pillory, a pair of stocks, a
whipping post and a ducking stool. Otherwise the Court shall be
fined 5,000 pounds of tobacco."
There is no record of the Court ever having been mulcted of tobacco
for depriving the people of the opportunity to watch the sufferings of
their friends and neighbors.
Severe laws were directed against Quakers. Prior legislation had
attempted to put a damper on being any kind of a "separatist," which
meant any fellow who didn't agree with the Established Church.
Evidently a little further law on the subject was thought necessary,
for in 1663 the Virginia Assembly passed the following act:
"Any person inhabiting this country, and entertaining a Quaker in
or near his house, shall, for every time of such entertainment,
be fined 5,000 pounds of tobacco, half to the county, half to the
informer."
Even Virginia hospitality might well have paused in the face of such a
flying start toward bankruptcy.
That a stowaway might prove costly is demonstrated by the following:
"Every master of a vessel that shall bring any Quakers to reside
here after July 1 of this year shall be fined 5,000 pounds of
tobacco, to be levied by distress and sale of his goods, and he
then shall be made to carry him, her or them out of the country
again."
Evidently a little thing like a couple of years in servitude did not
deter the lovers of pork chops from appropriating their neighbors'
swine, for in 1679 the Assembly delivered themselves of the following
act:
"The first offense of hog stealing shall be punished according to
the former law; upon a second offense the offender shall stand for
two hours in the pillory and shall lose his ears, and for the third
offense shall be tried by the laws of England as in case of felony."
As the English law of the period usually prescribed hanging for a twice
convicted felon, it is presumed that the third dose of justice proved
an efficient remedy.
Not only in the stringency of their laws did the gray cavaliers of the
Old Dominion run neck and neck with the grim-visaged gentry of Plymouth
Rock, but the doubtful honor of being the last to relinquish the gentle
art of witchcraft persecution probably belongs to them as well.
The witchbaiters around Salem and throughout New England generally
ceased to a considerable extent their punishment for alleged witchcraft
before the eighteenth century, but the Virginian records show the
arrest and persecution of Grace Sherwood, of Princess Anne County, for
witchcraft in 1706.
For six months this young woman was imprisoned, being brought time and
again before the court in an effort to convict her. Finding no evidence
in her actions to justify the persecution, the Attorney-General caused
the Sheriff of the county to impanel a jury of women to examine Grace
Sherwood physically and instructed them to find something to indicate
that she was a witch. This the women failed to do and they were
threatened with contempt of court for their failure.
Everything else having failed, it was decided to put Miss Sherwood
to the water test, which consisted in tying her hands and feet and
throwing her overboard in the nearest lake or river. If she sank she
was innocent, but if by her struggles she managed to keep afloat for a
few moments, she was guilty of witchcraft.
The full account of this trial is preserved by the Virginia Historical
Society, and the last two court orders in the case are of interest as
marking the close of witchcraft persecution in the colonies.
"Whereas, Grace Sherwood, being suspected of witchcraft, have a
long time waited for a fit opportunity for a further examination,
& by her consent & approbacon of ye court, it is ordered that ye
sheriff take all such convenient assistance of boats and men and
shall be by him thought fit to meet at Jno. Harpers plantation, in
order to take ye Grace Sherwood forthwith and BUTT her into the
water above a man's debth & try her how she swims therein, always
having care of her life to preserve her from drowning, & as soon
as she comes out that he request as many antient and knowing women
as possible he can to search her carefully for all spottes & marks
about her body not usuall on others, & that as they find the same
to make report on oath to ye truth thereof to ye court, and further
it is ordered that some woman be requested to shift and search her
before she goes into ye water, that she carry nothing about her to
cause further suspicion."
On the afternoon of July 10, 1706, the court and county officers and
populace assembled on John Harper's plantation, and the arrangements
being completed, Grace Sherwood was carried out to a nearby inlet of
Lynnhaven Bay. The official court reporter tells quaintly the rest of
the story:
"Whereas, on complaint of Luke Hill in behalf of her Magisty, that
now is against Grace Sherwood for a person suspected of witchcraft,
& having had sundry evidences sworn against her, proving manny
cercumstances, & which, she could not make any excuse or little or
nothing to say in her own behalf, only seeming too rely on what ye
court should do, and thereupon consented to be tried in ye water, &
likewise to be serched againe with expermints; being tried, and she
swimming when therein & bound, contray to custom and ye judgments
of all ye spectators, & afterwards being searched by five antient
women who have all declared on oath that she is not like them; all
of which cercumstances ye court weighing in their consideracon, do
therefore order that ye sheriff take ye said Grace Sherwood into
his custody & comit her body to ye common goal of this county,
there to secure her by irons, or otherwise there to remain till
such time as he shall be otherwise directed."
The woman was finally turned free, and thus ended the last legal
prosecution for witchcraft in the colony.
ELIJAH CLARKE.
BY MRS. JOHN H. MORGAN, _Regent Brunswick Chapter, D. A. R._
It is to be regretted that our historians have given so little space
to one of our Georgia patriots of the Revolution--Elijah Clarke. One
of our greatest national needs is that of commemorating the memories
of our men who "did greatly," who fought, suffered and endured for
our national independence. This is one of the prime objects of the
existence of the Society of the Daughters of the American Revolution;
"To perpetuate the memory of the Spirit of the men who achieved
American Independence."
Among the many contributed to this great cause by Georgia, was Elijah
Clarke. After the fall of Georgia, for the time being, many of our most
distinguished men became voluntary exiles among their "brethren" in the
West. Among the most prominent of these was Colonel Clarke; one to whom
our liberty and the justness of the cause was dear.
He did not give up hope; for his heart was filled with the desire
to return and renew the contest. He employed his entire time in the
preparation of a sufficient force that would enable him to return when
the opportunity should present itself.
Augusta was the key to the northern part of the state, and its
possession was of great importance to our patriots. Upon hearing that
the time for the arrival of the annual Indian presents was near, the
desire to recover Augusta became, to Colonel Clarke, irresistible.
He immediately set about collecting troops and his arguments were so
successful that in a very short time five hundred enthusiastic warriors
and men from the hills were assembled and marched to Augusta.
Upon their arrival, the division under Major Taylor attacked the Indian
camp on Hawks Gully, thereby drawing the British under Colonel Thomas
Brown to the support of the Indian allies, leaving the south and west
of the city unguarded. Colonel Clarke entered at the points, with the
remainder of his army, captured the garrison and finally, driving out
Colonel Brown, occupied the town.
The British under Colonel Brown, after being driven out of Augusta,
took refuge in a strong house called Seymour's White House, which they
had fortified.
Colonel Clarke besieged them and was on the point of capturing them,
after a four days siege, when Col. Cruger, coming with another British
force compelled Clarke to retreat.
Lord Cornwallis ordered Colonel Ferguson to intercept Colonel Clarke.
Just as Col. Ferguson started to carry out these orders, he heard that
a new enemy was approaching, for the very purpose of doing just what
Colonel Clarke had failed to do. This force consisted of rifle militia
and had been drawn from Kentucky, the western country of Virginia and
North Carolina, and was under the command of the famous independent
colonels, Campbell, Cleveland, Williams, Sevier and Shelby. Upon
hearing of Clarke's repulse and of Ferguson's orders to intercept
Clarke, they gave up their enterprise on Colonel Brown, and turned
against Ferguson; which ended in a crushing defeat for the British and
the destruction of Colonel Ferguson at King's Mountain.
"Although Clarke failed in the reduction of Augusta, his attempt led
to the destruction of Ferguson; and with it to the present relief of
North Carolina." Such is the testimony of "Light Horse" Harry Lee, his
companion in arms, and the father of our beloved General Robert E. Lee.
General Clarke, as he became, was brave and patriotic, and his services
during the Revolution were valuable to the country, and deserve the
recognition of his state. He died December 15th, 1799--one day after
the death of Washington.
"Poor is the nation that boasts no heroes, but beggared is that
country that having them, forgets."
General Clarke was one of Georgia's heroes. Let us honor him.
GENERAL FRANCIS MARION.
The subject of this sketch is General Francis Marion and a pleasant
duty it is to revive the memory of this almost forgotten hero who was
one of the most famous warriors of the American Revolution. General
Nathaniel Greene had often been heard to say that the page of history
had never furnished his equal.
He was born near Georgetown, South Carolina, of French parents, who
were refugees to this country after the Revocation of the Edict of
Nantes. From them he inherited that love of liberty which had caused
them to forsake home and friends and commence a new life among
strangers that they might enjoy freedom of thought and action at King's
Mountain.
He manifested early in life a love of adventure. His first warlike
experience was against the Indians. He served as a Lieutenant of
volunteers. In his encounters with the savages he showed such courage
and skill that he soon became famous, and to his credit, it must be
said, he was always humane and just.
When war was declared against England and troops had to be raised,
Marion received a Captain's commission. He went forth to raise a
company. Money was lacking and he had to depend entirely on volunteers.
He very soon, however, succeeded in getting his complement of men and
was unexcelled in his dealings with these raw recruits. He could enter
into their feelings and appreciate their conduct. He did not exact
impossibilities of them and he was celebrated for what was called his
patience with the militia.
[Illustration: MONUMENT, SITE OF OLD FORT CORNWALLIS, AUGUSTA, GA.]
No service was ever more strictly voluntary than that of those who
constituted the company known as "Marion's Men" and he led them to
perform deeds of valor which seem almost incredible. There was an air
of mysterious daring in what he undertook, which gave a charm to the
life his followers led, while they had the most perfect confidence
in their leader. Insubordination was rare among his men on account
of their devotion to him. If it did occur he usually visited it by
dismissal from his band. This ignominy was dreaded more than any other
mode of punishment. He seldom resorted to the military methods of
severe discipline. His band was composed largely of the planters, and
some of them were boys who lived in the section of the country where
his daring exploits harrassed so severely the British. These men were
devoted to field sports and were consequently fine riders and marksmen.
Marion and his men are connected with the most romantic adventures of
the Revolution, equal to any we have read of in song or story. The
writer has often listened with intense interest to the accounts given
by her grandfather of the recitals of his party. William Pope, who was
one of "Marion's Men," tells of the many hazardous undertakings against
the British and Tories. The famous rides at night when they would leave
their hidden places in the swamps, or some forest so densely wooded
that they alone knew the trails by which they found their way in and
out; how they would start on one of their swift rides to intercept the
passing of British troops from one post to another or attack an army
wagon train with provisions and ammunition, etc. The descent of Marion
and his men would be so sudden that the enemy would be completely
demoralized.
Marion kept bands of scouts constantly watching the enemy and by this
means he was enabled to give our army most valuable information.
At one time our hero and his men learning of the encampment of some
British troops near a river, started out to attack them at midnight.
They had to ride many miles to reach the river and in crossing the
bridge the noise of the horses aroused the sentinels of the enemy and
they were prepared for resistance. The fight which ensued was a fierce
one, but ever after that experience, when Marion found it necessary to
cross a bridge, he made the men dismount and spread their blankets over
the bridge to muffle the sound of the horses feet. It was a rule with
him never to use a bridge when he could ford a river, and he burned all
bridges for which he had no use. These long rapid rides were exhausting
to man and beasts. They returned as rapidly as they went forth and when
they reached their place of safety, they would secure their horses,
throw themselves on the ground with only a blanket and a saddle for a
pillow and sleep so soundly they would be unconscious of the falling
rain and often awaken in the morning to find themselves surrounded by
water. Amid all these scenes of hardship there were times when this
band of devoted patriots indulged in revelry, as they were safely
gathered around the camp fires among the lofty moss-draped cypress
trees and gum trees of the swamps to enjoy the captured supplies from
the enemy's commissary stores, which enabled them to supply themselves
with clothing, arms and ammunition. Thus they largely provided for
their own subsistence by their daring prowess.
The British established a line of military posts in South Carolina
extending from Georgetown to Charleston. They found it exceedingly
difficult to hold any communication, for Marion's scouts were always
on the lookout to report their movements. Colonel Watson, of the
enemy, attempted to take a regiment from one post to another. He was
so harrassed by the sharpshooting of "Marion's Men" who lay in ambush
along his route, that he sent a letter by flag of truce to Marion
reproaching him for fighting like a savage and invited him to come out
in open field and fight like a gentleman. But Marion was too shrewd to
put in open field his comparatively small band, with their peculiar
mode of warfare, against a far greater number of finely drilled
regulars of the enemy and Colonel Watson had to retreat and encamp his
men in the first open field he could find.
Marion had a number of interviews by flag of truce with British
officers. One of the most noted is the one in which he entertained the
officer at dinner. After business affairs had been settled General
Marion invited the officer to dine with him and he accepted. Marion
ordered dinner. The officer looked around with curiosity as he saw no
preparations for dinner and his surprise was great when the cook placed
before him on a piece of bark a few sweet potatoes which had been
roasted in the fire near by. The officer remarked to Marion that he
supposed his supplies had fallen short, endeavoring to relieve Marion
of any embarrassment he thought he might feel in offering him such
meager fare, but Marion replied that he considered himself fortunate,
as he had a guest that day, he had that much to offer him. The officer
was amazed and profoundly impressed with what he had seen. He returned
to his command with such feelings of admiration and respect for men
who endured so cheerfully such privations and so many hardships for
the sake of liberty, that he said it was useless to fight such men,
that they were entitled to liberty and he would not continue to fight
against them. He resigned his commission in the army.
The enemy at this time had absolute command of this portion of South
Carolina excepting as they were disturbed by Marion. He shifted from
swamp to swamp and thicket to thicket and never relaxed his struggle
for liberty. So harrassed were the enemy by him, they determined a
number of times to make a special effort to capture him or drive him
out of the state. All in vain. Marion was too alert and often met them
with more promptness than they desired.
Colonel Tarleton, a British officer, with a reputation for great
activity undertook one of these expeditions against Marion and narrowly
escaped being captured himself. He retreated from his attack exclaiming
to his men "Come on boys, we will go back, there is no catching this
'Swamp Fox'." By this same name he was ever afterward called by his
followers.
When Gen. Nathaniel Greene took command of the Southern Army, he wrote
to General Marion and begged him to remain in his independent position
and keep the army supplied with intelligence, in which important part
he rendered most active service, also in the battles of Georgetown,
Ninety Six, Charleston, Savannah and others. So highly appreciated by
the Government was the brave and valuable part performed by Marion and
his men, that Congress passed a series of resolutions expressing the
gratitude of the country to them.
Governor Rutledge appointed him Brigadier-General. In addition to the
usual military rank, extraordinary powers were conferred upon him, such
as were only granted to extraordinary men.
In the circumstances of life, there was a remarkable resemblance
between him and the great Washington. They were both volunteers in
the service of their country. They learned the military art in Indian
warfare. They were both soldiers so vigilant that no enemy could ever
surprise them and so equal in undaunted valor that nothing could
disturb them, and even in the private incidents of their lives, the
resemblance between these two great men was closer than common. They
were both born in the same year, both lost fathers early in life,
both married excellent, wealthy wives, both left widows and both died
childless.
In reviewing the life of Gen. Marion, we find patient courage, firmness
in danger, resolution in adversity, hardy endurance amid suffering and
want. He lived that liberty might not die and never relinquished his
sword until the close of the war. He then retired to his plantation
near Eutaw, where he died. His last words were: "Thank God, since I
have come to man's estate, I have never intentionally done wrong to any
man."
Marion's remains are in the church yard at Belle Isle in the parish
of St. John's Berkely. Over them is a marble slab upon which is the
following inscription:
"Sacred to the memory of Brigadier-General Francis Marion, who departed
this life on the twenty-ninth of February, 1795, in the sixty-third
year of his age, deeply regretted by all of his fellow citizens.
History will recall his worth and rising generations will embalm his
memory as one of the most distinguished patriots and heroes of the
American Revolution; who elevated his native country to honor and
independence and accrued to her the blessings and liberty of peace."
This tribute of veneration and gratitude is erected in commemoration
of the noble and distinguished virtues of the citizen and of the
gallant exploits of the soldier who lived without fear and died without
reproach.
This brief and imperfect sketch of one of the most noted military men
of his day has led to the reflection that many of the most valiant
leaders of the Revolution are comparatively little known among the
rising generation. The old histories written in the early part of
this century which recorded their brilliant deeds and virtues, are
out of print, a few to be found in old libraries, and the old readers
which were used in the schools forty and fifty years ago were full of
the accounts of their achievements, which thrilled the hearts of the
students and stimulated in them a love of country, as only such deeds
of valor could inspire. But today these heroes who taught us such
lessons of patriotism have passed away forgotten, others scarcely a
memory. Ought it to be so?
As our society is for the purpose of advancing the cause of patriotism,
no effort on the part of its members would do more to bring this about
than for some of them situated in different parts of our country to
unite in collecting material for a new reader for the use of schools
in which the deeds of these revolutionary patriots would be once more
revived and made conspicuous to those who should ever hold them in
grateful veneration.
This thought is one that might advantageously engage the attention
of some national publisher who might employ compilers from different
localities of our country for this purpose.
Among the "Readers" alluded to, was a tribute to Gen. Marion and his
men, which was at the same time a graphic account of their lives and
services. It was written by one of our favorable national poets,
William Cullen Bryant, and was a favorite selection for declamation
among American juvenile orators many years ago. It has disappeared
from the modern editions of "Readers," but would fitly embellish a new
"American Speaker," a book which would be popular throughout our land
in these days of Sons and Daughters of the Revolution.
This suggestion will be enhanced by the reproduction of the ringing
lines with which this article will close:
SONG OF MARION'S MEN.
Our band is few, but true and tried,
Our leader frank and bold;
The British soldier trembles
When Marion's name is told.
Our fortress is the good green wood,
Our tent the cypress tree;
We know the forest 'round us,
As Seamen know the sea;
We know its wall of thorny vines,
Its glades of reedy grass;
Its safe and silent islands
Within the dark morass.