The British officers thus addressed, alleged against Postelle that he had broken his parole. If this were so, it was a just cause of detention; but it will be remembered that the British themselves revoked these paroles on the assumption that the province was conquered, and when, as citizens, they wished to exact military service from the people. In these circumstances the virtue of the obligation was lost, and ceased on the part of the citizen, because of the violation on the part of the conqueror, of the immunities which he promised. Marion took decisive measures for compelling the necessary respect to his flag, by seizing upon Captain Merritt, the bearer of a British flag, and putting him in close keeping as a security for Postelle. We do not know that he retaliated upon the British soldiers the cruel murders, by hanging, which had been practised upon his own. His nature would probably recoil from carrying his own threat into execution. In answer to one of Marion's reproaches, we are told by Col. Watson, that "the burning of houses and the property of the inhabitants, who are our enemies, is customary in all civilized nations." The code of civilisation is certainly susceptible of liberal constructions. Its elasticity is not the least of its many merits.
Cornwallis pursued Greene into North Carolina, and after much manoeuvering between the armies, they met at Guilford on the 15th of March, 1781. The honors of the victory, small as it was, lay with the British. Their loss, however, was such, that the advantages of the field enured to the Americans. From this field, Cornwallis took his way to Virginia, and his career as a commander in America was finally arrested at the siege of York. During the absence of Greene from South Carolina, Marion's was the only force in active operation against the British. An opportunity so favorable for harassing and distressing the enemy, as that afforded by the absence of their main army in North Carolina, was not neglected; and, calling in his detachments, he once more carried dismay into the heart of the Tory settlements, on both sides of the Santee. His incursions, and those of his officers, were extended as far as the confluence of the Congaree and Wateree, and as low down as Monk's Corner,—thus breaking up the line of communication between Charleston and the grand army, and intercepting detachments and supplies, sent from that place to the line of posts established through the country. This sort of warfare, which seldom reaches events such as those which mark epochs in the progress of great bodies of men, is yet one which calls for constant activity. We have details of but few of the numerous conflicts which took place between our partisan and the Tory leaders. These were scattered over the country, living by plunder, and indulging in every species of ferocity. Greene writes, "The Whigs and Tories are continually out in small parties, and all the middle country is so disaffected, that you cannot lay in the most trifling magazine or send a wagon through the country with the least article of stores without a guard." In addressing himself to this sort of warfare, Marion was pursuing a course of the largest benefit to the country. In overawing these plunderers, subduing the savage spirit, and confining the British to their strong places, he was acquiring an importance, which, if we are to estimate the merits of a leader only by the magnitude of his victories, will leave us wholly at a loss to know by what means his great reputation was acquired. But the value of his services is best gathered from the effect which they had upon the enemy. The insults and vexations which he unceasingly occasioned to the British, were not to be borne; and Col. Watson was dispatched with a select force of five hundred men to hunt him up and destroy him. We have seen Tarleton and others engaged in the pursuit, but without success. Watson was destined to be less fortunate. In the meanwhile, and before Watson came upon his trail, Col. Peter Horry had been engaged in a series of petty but rather amusing skirmishes, in the neighborhood of Georgetown. A party of the British were engaged in killing beeves at White's bridge near Georgetown. Horry's men charged them while at this employment, and killing some, pursued the rest towards that place. The firing was heard in the town, and the facts of the case conjectured. This brought out a reinforcement, before which the detachment of Horry was compelled to retreat. But, on gaining the woods, they were joined also by their friends; and the fight was resumed between the Sampit and Black river roads, with a dogged fierceness on both sides, that made it particularly bloody. In the course of the struggle, Horry at one moment found himself alone. His men were more or less individually engaged, and scattered through the woods around him. His only weapon was his small sword. In this situation he was suddenly assailed by a Tory captain, named Lewis, at the head of a small party. Lewis was armed with a musket, and in the act of firing, when a sudden shot from the woods tumbled him from his horse, in the very moment when his own gun was discharged. The bullet of Lewis took effect on Horry's horse. The shot which so seasonably slew the Tory, had been sent by the hands of a boy named Gwin. The party of Lewis, apprehending an ambush, immediately fell back and put themselves in cover. The conflict lasted through the better part of the day, one side gaining ground, and now the other. It closed in the final defeat of the enemy, who were pursued with a savage and unsparing spirit. One half of their number were left dead upon the ground. Their leader was Major Gainey. Great expectations were formed of his ability to cope with Marion. On this occasion, though he made his escape, his mode of doing so was characterized by a peculiar circumstance, which rendered it particularly amusing to one side and annoying to the other. He was singled out in the chase by Sergeant McDonald, a fierce young fellow, who was admirably mounted. Gainey was fortunate in being well mounted also. McDonald, regarding but the one enemy, passed all others. He himself said that he could have slain several in the chase. But he wished for no meaner object than their leader. One man alone who threw himself in the way of the pursuit became its victim. Him he shot down, and, as they went at full speed down the Black river road, at the corner of Richmond fence, the sergeant had gained so far upon his enemy, as to be able to plunge his bayonet into his back. The steel separated from his gun, and, with no time to extricate it, Gainey rushed into Georgetown, with the weapon still conspicuously showing how close and eager had been the chase, and how narrow the escape. The wound was not fatal.
The next affair was with Col. Tynes, who had been defeated by Marion some time before, made prisoner and sent to North Carolina. But the North Carolina jailors seem to have been pretty generally Tories, for we find Horry complaining that they discharged the prisoners quite as fast as they were sent there; and it was the complaint of some of Marion's officers that they had to fight the same persons in some instances, not less than three or four times. Tynes had collected a second force, and, penetrating the forests of Black river, was approaching the camp of our partisan. Marion went against him, fell upon him suddenly, completely routed him, taking himself and almost his whole party prisoners. He made his escape a second time from North Carolina, and with a third and larger force than ever, reappeared in the neighborhood of Marion's camp. Horry was sent against him with forty chosen horsemen. He travelled all night, and stopped the next day at the house of a Tory, where he obtained refreshments. His men succeeded in obtaining something more. The Tory most liberally filled their canteens with apple-brandy; and when the Colonel got within striking distance of Tynes and his Tories, scarcely one of his troops was fit for action. He prudently retreated, very much mortified with the transaction. Marion captured a part of Tynes' force a few days after, and this luckless loyalist seems to have disappeared from the field from that moment.
Watson's march against Marion was conducted with great caution. The operations of the partisan, meanwhile, were continued without interruption. About the middle of February, he was apprised of the march of Major McIlraith from Nelson's Ferry, at the head of a force fully equal to his own. This British officer seems to have been singularly unlike his brethren in some remarkable particulars. He took no pleasure in burning houses, the hospitality of which he had enjoyed; he destroyed no cattle wantonly, and hung no unhappy prisoner. The story goes that while Marion was pressing upon the steps of the enemy, he paused at the house of a venerable lady who had been always a friend to the Whigs, and who now declared her unhappiness at seeing him. Her reason being asked, she declared that she conjectured his purpose—that he was pursuing McIlraith, and that so honorable and gentle had been the conduct of that officer, on his march, that she was really quite unwilling that he should suffer harm, though an enemy. What he heard did not impair Marion's activity, but it tended somewhat to subdue those fiercer feelings which ordinarily governed the partisans in that sanguinary warfare. He encountered and assailed McIlraith on the road near Half-way Swamp, first cutting off two picquets in his rear in succession, then wheeling round his main body, attacked him at the same moment in flank and front. McIlraith was without cavalry, and his situation was perilous in the extreme. But he was a brave fellow, and Marion had few bayonets. By forced marches and constant skirmishing, the British major gained an open field upon the road. He posted himself within the enclosure upon the west of the road. Marion pitched his camp on the edge of a large cypress pond, which lay on the east, and closely skirted the highway. Here McIlraith sent him a flag, reproaching him with shooting his picquets, contrary, as he alleged, to all the laws of civilized warfare, and concluded with defying him to combat in the open field. The arguments of military men, on the subject of the laws of civilized warfare, are sometimes equally absurd and impertinent. Warfare itself is against all the laws of civilisation, and there is something ludicrous in the stronger reproaching the feebler power, that it should resort to such means as are in its possession, for reconciling the inequalities of force between them. Marion's reply to McIlraith was sufficiently to the purpose. He said that the practice of the British in burning the property of those who would not submit and join them, was much more indefensible than that of shooting picquets, and that while they persisted in the one practice, he should certainly persevere in the other. As to the challenge of McIlraith, he said that he considered it that of a man whose condition was desperate; but concluded with saying that if he, McIlraith, wished to witness a combat between twenty picked soldiers on each side, he was not unwilling to gratify him.
Here was a proposal that savored something of chivalry. McIlraith agreed to the suggestion, and an arrangement was made for a meeting. The place chosen for the combat was in a part of a field, which is very well known, south of an old oak tree, which was still, up to the year 1821, pointed out to the stranger. It may be standing to this day, for the oak outlasts many generations of brave men. Marion chose for the leader of his band, Major John Vanderhorst, then a supernumerary officer in his brigade. The second in command was Capt. Samuel Price, of All Saints. The names of the men were written on slips of paper and handed to them severally. Gavin Witherspoon received the first. The names of the others are not preserved. Not one of them refused. When they were separated from their comrades, they were paraded near the fence, and Marion addressed them in the following language:
"My brave soldiers! you are twenty men picked this day out of my whole brigade. I know you all, and have often witnessed your bravery. In the name of your country, I call upon you once more to show it. My confidence in you is great. I am sure it will not be disappointed. Fight like men, as you have always done—and you are sure of the victory."
The speech was short, but it was effectual. It was, perhaps, a long one for Marion. His words were usually few, but they were always to the purpose. More words were unnecessary here. The combatants heard him with pride, and hailed his exhortations with applause. While their cheers were loudest, Marion transferred them to their leader.
Vanderhorst now asked Witherspoon, "at what distance he would prefer, as the most sure to strike with buckshot?"
"Fifty yards, for the first fire," was the answer.
"Then," said Vanderhorst, "when we get within fifty yards, as I am not a good judge of distances, Mr. Witherspoon will tap me on the shoulder. I will then give the word, my lads, and you will form on my left opposite these fellows. As you form, each man will fire at the one directly opposite, and my word for it, few will need a second shot."