Life of Francis Marion | Page 8

code was still left in force; but there were no judges to exercise that jurisdiction. The provincial congress, therefore, without waiting for a convention of the people, framed a constitution: by this they took the name of the general assembly of South Carolina, and limited their own continuance until the 21st October, 1776; and, in every two years after that period, a general election was to take place for members of the assembly. The legislative powers were vested in a president, the assembly, and a legislative council, to be chosen out of their own body. All resolutions of the continental and provincial congress, and all laws then of force, were continued. They passed a law, that only two thirds of the rice made in the state should be permitted to be exported, the other third was to remain in the country for its consumption, and for exchange for the necessary articles of life: and upon these prices were to be fixed; it was recommended to the people to cultivate cotton; the breed of sheep was directed to be improved; and, after a certain day, none were to be killed for market or home consumption; but the continental congress soon after, passed a law that no rice should be exported; and it was submitted to, without a murmur. A vice-president and privy council of six members were elected, and among other duties, were to exercise chancery jurisdiction; and other judges were directed to be chosen by the general assembly.
-- * Pond Bluff is presently at the bottom of Lake Marion, S.C. -- A. L., 1997. ** Such as tarring and feathering. --
In a few years, such confusion followed, that we shall see the president, soon after denominated governor, and two of the privy council, exercising all the civil and military powers of the state.
John Rutledge was chosen president, Henry Laurens vice-president, and ex-officio president of the privy council. In this year, (1776,) Francis Marion had risen to the rank of major in the second regiment, and was stationed with his colonel in the fort at Sullivan's Island. He was in the action of the 28th of June, between that fort and nine of the British ships, under Sir Peter Parker. Of the particulars of this battle, every one has heard, and they need not be narrated here. Two of the ships carried fifty guns, the ship Bristol, commodore Sir Peter Parker, and the Experiment; and as powder was very scarce in the fort, the orders were, "mind the commodore!" "Fire at the two fifty gun ships." Col. Moultrie received the thanks of the commander in chief, of congress, Gen. Lee, and of president Rutledge, for his gallant conduct in that victory; and, what was more, the heart-felt gratitude of his countrymen. The fort was called by his name, and he was raised to the rank of brigadier general. His major then rose to the rank of lieut. colonel. This action excited the highest resentment in the breasts of the British rulers; and in the end they inflicted severe vengeance on the state of South Carolina. Three years, however, elapsed before they made another attempt. In December, 1778, a British fleet of thirty seven sail, arrived off Savannah in Georgia, and landed about 4000 men. One half of these, under Col. Campbell, immediately made an attack upon the town. Gen. Howe, with six or seven hundred Americans, attempted to oppose them; but was defeated at the first onset. The enemy took possession of the town; and, as the Georgia militia were backward in turning out, the whole country soon fell under their dominion. Shortly after the taking of Savannah, Gen. Lincoln took command of the American army, and Gen. Prevost of the British. On the 3d of Feb. 1779, Gen. Moultrie, with a party of about 300 militia, mostly citizens of Charleston and Beaufort, with the company of ancient artillery of Charleston, was posted at Beaufort, where he heard the enemy was advancing. He immediately dispatched his aid, Capt. Francis Kinloch, to reconnoitre; while he moved forward on the road to Beaufort ferry. Kinloch returning soon, stated the supposed force of the British, and that they were near upon the road; Moultrie now pushed on to gain a defile, but found it occupied by the enemy. There being no alternative, he then drew up his men in open ground, with two field pieces in the centre, and one on the right. The British force was two companies of picked light infantry, posted under cover of a swamp. The militia engaged them, and fought under this disadvantage till their ammunition was all expended, and Moultrie ordered a retreat; but the British made a simultaneous movement, and it became a drawn battle. Lieut. Wilkins of the ancient artillery, was mortally wounded, and seven men