At the Bowling Green, between the Great and Little Pedee, more than five hundred men laid down their arms, submitting to conditions which were rather strict than severe. Marion and Gainey met at Birch's mill on the 8th June, when a treaty was drawn up having for its basis the articles of the preceding arrangement with Horry. By this treaty, Gainey and his men were to lay down their arms and not to resume them unless ordered to do so by the authorities of the State;they bound themselves to deliver up all negroes, horses, cattle and other property of which they had dispossessed the people of this or any other State -- to demean themselves as peaceable citizens, and submit to the laws of the State -- to deliver up all contumacious and rebellious persons within their district --to deliver up all deserters from the regular service --to sign a declaration of allegiance to the United States, and to South Carolina in particular, and to abjure the British crown, and to surrender all British property. Compliance with these conditions, was to ensure them full pardon for their treasons to the State, and the enjoyment of their property as citizens within it;while individuals not choosing to comply, were to be permitted, with their wives and children, a safe progress to the British lines.
From the benefits of this treaty, some few atrocious offenders were excepted.
Major Gainey removed with those who preferred to adhere to the fortunes of the British. He did not side with their determination, but he deemed it a duty to see that those who had followed his arms, should be put in safety beyond the reach of their enemies: an honorable resolve certainly. Before his departure he waited upon Marion and said: "Honor, sir, requires that I should yield my commission to Col. Balfour, from whom I received it; but this done, I shall immediately return to the country and seek your protection."This was frankly promised him, and with every confidence in the assurance of Marion, as soon as he had concluded his affairs in Charleston, he promptly returned and enrolled himself in the American ranks.
One of the loyalists, specially exempted from the privileges of the treaty with Gainey, was a notorious marauder by the name of Fanning.
He was a sanguinary ruffian, with considerable talents, but brutal, reckless, and most inveterate in his hostility to the American cause.
Shortly after the treaty with Gainey, this person appeared in the truce ground at the head of a small party. It was feared that he would stir up the revolt anew. He came for that purpose. Marion was at once upon the alert. His force, divided into three bodies, occupied various parts of the lately disaffected districts, and overawed the spirit of revolt, if it yet existed. Finding the cause hopeless in that quarter, Fanning sent a flag to Marion with a request that he would grant a safe-conduct to his wife, and some property, to the British garrison in Charleston. Against any such concession the officers of Marion expostulated. They were unwilling that so cruel a ruffian should receive any indulgence. But Marion looked more deeply into the matter, and yielded a prompt compliance with the request.
"Let but his wife and property reach the British lines, and Fanning will follow. Force them to remain, and we only keep a serpent in our bosom."Such was his reasoning, and the truth of it was very soon apparent.
Finding the hope of insurrection fruitless, Fanning fled the country, and was as soon in Charleston as his wife.
The disaffected district was now covered by his troops, busied in securing all persons who, declining to retire to the British, still withheld their submission from the American authorities.
In the execution of this duty, some licentiousness followed --such irregularities as are apt to occur where soldiers traverse a subdued territory. Intimations of these irregularities reached the ears of the partisan. No individual was charged with offence, and no particulars were given; but Marion took occasion to declare his indignation in the presence of officers and men.
"I have heard insinuations," said he, "which, if true, would disgrace my command; no accusation has been made; but I wish you clearly to know that let officer or soldier be proved guilty of crime, and he shall hang on the next tree." His firmness and sincerity were known;and he heard of no more license. While engaged in the irksome duty of arresting the recusant, he was equally busy in granting written protections to those who subscribed frankly to the conditions of the treaty.
The judicious disposition and immediate presence of his force -- the terror inspired by his successes -- the knowledge which they had of his mercy, and their evident abandonment by the British -- had the effect of bringing crowds to his camp, trebling the number of his own troops, seeking the proffered securities. Such was the consumption of paper on this occasion, or rather such the poverty at headquarters, that old letters were torn up, the backs of which were put in requisition for this object. While at Birch's mills, on the Pedee, among others who sought the protection of Marion was one Capt. Butler, who had made himself particularly odious by his crimes and ferocity.
He had been conspicuous as the oppressor of the Whig inhabitants of the Pedee.
He was not ignorant of the detestation in which he was held, and it was with some misgivings that he sought the required protection.
His appearance in the American camp was the signal for a commotion.
There were among the men of Marion some who were connected with persons who had suffered by the atrocities of Butler. They determined to avenge their friends. They resolved that no protection should save him, and an intemperate message to that effect was sent to Marion.
