The Life of Francis Marion [131]
traversed every acre of its soil, and represented its interests and maintained its rights when there was no civil authority? What legislators so likely to wield the popular will, as men who, like Marion and Sumter, had become its rallying leaders -- whom the people had been accustomed to obey and follow, and by whom they had been protected. It was equally important that the legislation should come from such sources, when we consider the effect upon the enemy, still having a foothold in the State. They might reasonably apprehend that the laws springing from such a body would be marked by a stern directness and decision of purpose which would leave nothing to be hoped by disaffection or hostility; and their proceedings did not disappoint the expectations of friend or foe.
The measures of this Assembly were marked by equal prudence and resolve. They passed a new act respecting the militia, and one for raising the State quota of Continental troops. One of their measures has been questioned as unwise and impolitic -- that, namely, for amercing and confiscating the estates of certain of the loyalists, and for banishing the most obnoxious among them. Something, certainly, is to be said in favor of this act. If vindictive, it seems to have been necessary. It must be remembered that, in consequence of a previous proclamation of the Governor, none but the most implacable and virulent of the Tories were liable to its operation -- none but those who had rejected very liberal offers of indulgence and conciliation. This proclamation had opened the door to reconciliation with the State, on very easy terms to the offenders. It gave them timely warning to come in, enrol themselves in the American ranks, and thus assure themselves of that protection and safety which they had well forfeited. Their neglect or refusal to accept this proffer of mercy, properly incurred the penalties of contumacy. These penalties could be no other than confiscation of property and banishment of person. Reasons of policy, if not of absolute necessity, seemed to enforce these penalties. How was the war to be carried on? Marion's men, for example, received no pay, no food, no clothing. They had borne the dangers and the toils of war, not only without pay, but without the hope of it. They had done more -- they had yielded up their private fortunes to the cause. They had seen their plantations stripped by the enemy, of negroes, horses, cattle, provisions, plate -- everything, in short, which could tempt the appetite of cupidity; and this, too, with the knowledge, not only that numerous loyalists had been secured in their own possessions, but had been rewarded out of theirs. The proposed measure seemed but a natural and necessary compliance with popular requisition. Besides, the war was yet to be carried on. How was this to be done? How long was it yet to last? What was to be its limit? Who could predict? Congress was without money -- the State without means. For a space of three years, South Carolina had not only supported the war within, but beyond her own borders. Georgia was utterly destitute, and was indebted to South Carolina for eighteen months for her subsistence; and North Carolina, in the portions contiguous to South Carolina, was equally poor and disaffected. The Whigs were utterly impoverished by their own wants and the ravages of the enemy. They had nothing more to give. Patriotism could now bestow little but its blood. It was with an obvious propriety resolved, by the Jacksonborough Assembly, that those who had proved false to the country should be made to suffer in like degree with those who had been true, and who were still suffering in her defence. As a measure of prolonged policy -- contemplated beyond the emergency -- there may be objections to the Confiscation Act; but the necessities of the time seemed to demand it, and it will be difficult for any judgment, having before it all the particulars of the cruel civil war through which the country had gone -- not to speak of the army, and the present and pressing necessity for
The measures of this Assembly were marked by equal prudence and resolve. They passed a new act respecting the militia, and one for raising the State quota of Continental troops. One of their measures has been questioned as unwise and impolitic -- that, namely, for amercing and confiscating the estates of certain of the loyalists, and for banishing the most obnoxious among them. Something, certainly, is to be said in favor of this act. If vindictive, it seems to have been necessary. It must be remembered that, in consequence of a previous proclamation of the Governor, none but the most implacable and virulent of the Tories were liable to its operation -- none but those who had rejected very liberal offers of indulgence and conciliation. This proclamation had opened the door to reconciliation with the State, on very easy terms to the offenders. It gave them timely warning to come in, enrol themselves in the American ranks, and thus assure themselves of that protection and safety which they had well forfeited. Their neglect or refusal to accept this proffer of mercy, properly incurred the penalties of contumacy. These penalties could be no other than confiscation of property and banishment of person. Reasons of policy, if not of absolute necessity, seemed to enforce these penalties. How was the war to be carried on? Marion's men, for example, received no pay, no food, no clothing. They had borne the dangers and the toils of war, not only without pay, but without the hope of it. They had done more -- they had yielded up their private fortunes to the cause. They had seen their plantations stripped by the enemy, of negroes, horses, cattle, provisions, plate -- everything, in short, which could tempt the appetite of cupidity; and this, too, with the knowledge, not only that numerous loyalists had been secured in their own possessions, but had been rewarded out of theirs. The proposed measure seemed but a natural and necessary compliance with popular requisition. Besides, the war was yet to be carried on. How was this to be done? How long was it yet to last? What was to be its limit? Who could predict? Congress was without money -- the State without means. For a space of three years, South Carolina had not only supported the war within, but beyond her own borders. Georgia was utterly destitute, and was indebted to South Carolina for eighteen months for her subsistence; and North Carolina, in the portions contiguous to South Carolina, was equally poor and disaffected. The Whigs were utterly impoverished by their own wants and the ravages of the enemy. They had nothing more to give. Patriotism could now bestow little but its blood. It was with an obvious propriety resolved, by the Jacksonborough Assembly, that those who had proved false to the country should be made to suffer in like degree with those who had been true, and who were still suffering in her defence. As a measure of prolonged policy -- contemplated beyond the emergency -- there may be objections to the Confiscation Act; but the necessities of the time seemed to demand it, and it will be difficult for any judgment, having before it all the particulars of the cruel civil war through which the country had gone -- not to speak of the army, and the present and pressing necessity for