The actual number of black Virginians in the service is unknown. Historians Luther Jackson and Benjamin Quarles suggest there were several hundred in the army and at least 140 in the small Virginia navy. Usually these men were orderlies, drummers, and support troops. In the navy they frequently served as river pilots. There were exceptions like freeman John Banks of Goochland, who fought as a cavalryman under Colonel Bland for two years, the well-known spy James Lafayette, who performed invaluable work for Lafayette in the closing days of the war, or John de Baptist, a sailor who served with distinction on the Dragon.

Peace did not bring freedom for the slaves in the services. The state-owned slaves were resold. Free men who had enlisted in the service were entitled to and did receive enlistment and pay bounties due all soldiers. Slaves whose masters had offered them as substitutes had a more difficult time. Some slave owners tried to reclaim them as slaves even though the Virginia law explicitly permitted the enlistment only of free men. Fortunately, Governor Benjamin Harrison was enraged by this duplicity at what he called a repudiation of the "common principles of justice and humanity" and prevailed upon the legislature "to pass an act giving to these unhappy creatures that liberty which they have been in some measure instrumental in securing for us."

Nevertheless, although white Virginians recognized the contradiction between that liberty which they enjoyed and the slavery which existed around them, they did not see a means whereby the ideal that all men were created equal could become a practical reality. Unlike later generations, however, the Revolutionary generation made no attempt to justify slavery or to accept its extension. In 1778 Virginia became the first state to prohibit the importation of slaves, and in 1782 passed a liberal manumission law permitting masters to free their slaves without special legislative act. Many took advantage of this law. Virginia also determined that there should be no slavery in the western lands ceded to the federal government. Jefferson saw to it that a prohibition against slavery was written into the federal Land Ordinance of 1784 and the Northwest Ordinance of 1787. Yet, what was earlier noted bears repeating—the principles set forth in the Declaration of Independence were the beginning of a great governmental experiment, not the finished product.

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The British Move South, 1780-1781

The British shifted their armies southward in 1779, hoping to cut off the lower southern states, break the morale of the rest of America, and force a negotiated peace. Their principal hopes rested on exploiting loyalist strength in the fiercely divided Carolinas where much of the fighting since 1775 had been colonial against colonial, patriot against Tory. In early 1780 General Henry Clinton sailed from New York with 8,000 troops, outmaneuvered General Benjamin Lincoln, and captured Charleston. The defeat was a severe blow to the Americans costing them their chief southern seaport, several thousand Continentals and militiamen from the Carolinas and Virginia, and Generals Lincoln and William Woodford.

Clinton sailed back to New York, leaving his troops with Lord Cornwallis. The most daring of the British generals, Cornwallis decided to leave Charleston and invade the Carolinas. With excellent support from Colonel Banastre Tarleton, Lord Rawdon, and Major Patrick Ferguson he swept all before him. Tarleton, the best cavalry officer in either army, and Ferguson led partisan loyalist units. Tarleton's troopers, known as the British Tory Legion, needed no introduction to Virginians. They had slaughtered without quarter unarmed Virginians under Colonel Abraham Buford in May 1780 at the Waxhaws, south of Charlotte, North Carolina. From then on he was known as "Bloody Tarleton".

Congress elected Horatio Gates to replace Lincoln in the southern command. Gates hurried south with several thousand Maryland, Virginia, and North Carolina militiamen and Continental troops. Stumbling into Cornwallis' army at Camden, South Carolina, he planned and executed a faulty battle plan. Cornwallis executed perfectly and completely routed Gates. For the only time in the war Virginia militiamen behaved badly, fled the field, and were a major contributing factor to the disaster. Not only did Gates lose 600 men, many of them battle-hardened Continentals, he lost two outstanding officers, General Jean de Kalb, the tough German officer, and Colonel Edward Porterfield from Virginia. Facing almost sure defeat in the Carolinas, Congress replaced Gates with Nathaniel Greene of Rhode Island, taking care not to embarrass the Englishman who had given so much to Patriot cause.

Greene turned out to be the man to baffle Cornwallis. With a constantly underequipped and often inadequate army he managed to keep Cornwallis at bay. He was moved by one desire—to force Cornwallis into costly battles, but never expose his whole army to capture. Flee if necessary, but be able to fight another day. He was inventive and unorthodox. With an army much smaller than Cornwallis' he divided it into thirds, plus compelling Cornwallis to divide his own army. Greene knew that Cornwallis, victorious as he might have been, was detached from Charleston and had to live off the land. He would fight a war of attrition and wear Cornwallis down. His strategy worked, although not without fateful moments. He had great faith in his command officers and gave them considerable leeway. They rewarded him with two stunning victories—King's Mountain, North Carolina in October 1780 and Cowpens, South Carolina in January 1781.

King's Mountain was a unique battle for it was fought almost completely between Americans, Major Ferguson and his South Carolina, New York, and New Jersey Tories on the British side and North Carolina and Virginia frontier riflemen under Colonels Isaac Shelby, fiery William Campbell, and John Sevier for the United States. Although Ferguson's position from the outset was nearly impossible, he refused to surrender, knowing what was in store if he did. He was correct. The hatred which only the Carolina civil war unleashed during the Revolution burst forth. Only the intervention of Shelby and Campbell kept the frontiersmen from annihilating Ferguson's Tories. As it was, the British lost 1,000 men, 700 of them captives. Ferguson was killed.