Loyalist Robert Gray's "Observations"

Colonel Robert Gray resided in Cheraws District, South Carolina, and served as Justice of the Peace for that district in 1766. His name was listed on the roll, dated 2 September 1775, of a volunteer Rangers company from Camden District. He most likely joined the Loyalists after 1776. After the War, Gray relocated to Nova Scotia.

From "Colonel Robert Gray's Observations on the War in Carolina," South Carolina Historical and Genealogical Magazine, Vol. XI, No.3, July 1910:

The want of paying sufficient attention to our militia produced daily at this time the most disagreeable consequences. In the first place, when the rebel militia were made prisoners, they were immediately delivered up to the regular officers, who, being entirely ignorant of the dispositions and manners of the people, treated them with the utmost lenity and sent them home to their plantations upon parole and in short they were treated in every respect as foreign enemies. The general consequences of this was that they no sooner got out of our hands than they broke their paroles, took up arms, and made it a point to murder every militia man of ours who had any concern in making them prisoners. On the other hand whenever a militia man of ours was made a prisoner he was delivered not to the Continentals but to the rebel militia, who looked upon him as a State prisoner, as a man who deserved a halter, and therefore treated him with the greatest cruelty. ...

[The inhabitants of Williamsburg Township, South Carolina] carried on a continual predatory war against the rebels and sometimes surprised them at their musters. In short, they carried on the war against the rebels precisely as they had set the example and as the post at George Town supplied them with arms and ammunition they overawed and harassed Marion's brigade so much that he was obliged to leave the inhabitants of the Cheraw District at home to protect their properties while he could only call out the people of Williamsburgh Township and the neighborhood of George Town; when a small party of rebels ventured among them they were cut to pieces—when a large body invaded them, which they found they could not withstand, they hung in small parties on their skirts, harassed them with false alarms, killed their sentries, drove in their pickets, and soon compelled them to leave the country. It may not be improper to observe that the rebel militia did not at all times turn out voluntarily under their leaders, for when they were averse to an expedition they compelled them on pain of death and there have been often severe examples made of them. On the other hand the Little Pee Dee men only defended their own country and never went upon a more distant expedition than to Georgetown. The rebel militia from Bladen County in North Carolina at times also harassed the loyal inhabitants of Little Pee Dee, but with little effect. ...

Lord Rawdon finding [the rebels] had out marched him sent for Major Frazer of the South Carolina Regiment to march with it and intercept them at Lynch's Creek. They had just crossed the creek when Maj. Frazer came up with them who attacked them and routed their whole body in a few minutes. They were now exceedingly dejected; instead of 300 men under Lord Rawdon's command they had seen so many different detachments of troops superior to their whole force that they despaired [sic] of success and notwithstanding Sumpter who had carried off a number of Negroes, offered one to every person who would enlist for ten months as a dragoon to form a body of state cavalry, he could hardly procure a single recruit and he began to grow extremely unpopular. ...

We soon lost great part of the backcountry, the cruelty exercised by the rebels on our militia exceed all belief. Lord Rawdon finding he could not bring [Nathanael] Greene to action embarked for England on account of his health. ...

[F]rom this place to what is now called the Ridge betwixt Saluda and Edisto Rivers on the road to Ninety Six on one hand and from a few miles to the Southward of Santee to the Salkehatchie on the other, the inhabitants refused to submit to the rebels although left by the army and surrounded at almost every hand the enemy who were in possession of Ninety Six district and the disaffected inhabitants of the Forks of Santee, the country betwixt Salkehatchie and Savannah Rivers and all the rice lands from thence to Ashley River in short, the whole province resembled a piece of patch work, the inhabitants of every settlement, when united in sentiment being in arms for the side they liked best and making continual inroads into one another's settlements. ...

The district of Ninety Six being all this while much divided in sentiment suffered severely. The Tories in many places would neither submit nor go to Charles Town, they hid themselves in the swamp, from whence they made frequent incursions upon their enemies. When opposed by a superior force they dispersed, when the storm blew over they embodied again and recommenced their operation. A petty partisan [war] started up in every settlement and headed the Whigs or Tories, both parties equally afraid of the other, dared not sleep in their house, but concealed themselves in swamps, this is called lying out. Both parties were in this condition in general all over Ninety Six District and every other part of the province wherever it was checkered by the intersection of Whig and Tory settlements. ...

The swamps were filled with Loyalists, the rebels dare not sleep in their houses, and Sumpter irritated by the hostility of the Country, got the Catawba Indians to track the Loyalists from the swamps, which were at the same time traversed by large parties of armed rebels to kill or take the Tories. ...

Gen. Rutherford who commands the militia brigade from Mecklenburg and Salisbury is a perfect savage and bears the most rancorous hatred to Tories. ...

The Cunningham Mess, part 4: A Defection, A Lie & First Blood

From The History of South Carolina in the Revolution, 1775-1780, by Edward McCrady, published 1901, Macmillan & Co., ltd., South Carolina, pp. 89-92:

In the meanwhile the Congress men under Williamson and the King's men under Cuningham continued embodying their forces. Williamson lay almost a fortnight at Ninety-Six Court House, receiving those who came in and waiting for Colonel Thomson with the Rangers. Captain Richard Pearis, who, then acting with the Revolutionary party, had accompanied Mr. Drayton on his visit to the Indians, disappointed that he had not received the military position he desired, now changed sides and joined the King's party. He charged the Council of Safety with the design of bringing down the Cherokees upon the settlements to cut off all the King's men. He went so far as to make affidavit that the ammunition taken by Patrick Cuningham was on the way to the Cherokee Nation for that purpose. As it was known that he had brought the Indians who had met Mr. Drayton in September, it was naturally supposed that he was acquainted with the intentions of the Council, and his assertions were readily believed. The King's party was thus speedily swelled in numbers, while Williamson's militia came in but slowly. Williamson, however, could not believe that the Loyalists would dare to attack him, until the 18th of November, when he received certain information that they were in full march upon him and had actually crossed the Saluda River for the purpose. Major Mayson now joined him with a small party of Rangers and proposed to march at once, themselves assume the offensive, and attack their opponents in camp. A council of war was called which, as councils of war usually do, overruled this vigorous plan of operations. On the contrary, Williamson with his forces fell back to a position near the Court House, where they fortified themselves as far as they could before the appearance of the opposing forces. They had hardly closed their slight fortification when on Sunday, the 19th of November, Major Robinson and Captain Patrick Cuningham appeared with their party. A conference was called, and a meeting took place between Major Mayson and Captain Bowie on the one side, and Robinson, Cuningham, and Evan McLaurin on the other. Robinson and his party demanded that Major Williamson's militia should surrender their arms and disband. While Williamson was considering this demand two of his men were seized by the other party, whereupon he gave orders to rescue them, and thus brought on a conflict, the first bloodshed in the Revolution in South Carolina. For two hours and a half the firing on both sides was incessant. The garrison including officers consisted of 562 men, while the number of besiegers was about 1890. The siege lasted two days, during which Major Williamson's men suffered great hardship, though but one man was killed and twelve wounded; while on the other side several were killed and about twenty wounded. On Tuesday, the 21st, at sunset the King's party displayed a white flag and called a parley, in which Major Robinson renewed his former demand, allowing only one hour for answer. Captain Bowie was sent at once with the joint answer of Majors Williamson and Mayson, that they were determined never to resign their arms. In two hours Major Robinson returned with Captain Patrick Cuningham, and upon their withdrawing the peremptory demand for surrender it was agreed that a conference should take place the next morning. Accordingly, at the appointed hour, Majors Williamson and Mayson with Captains Pickens and Bowie met Major Robinson, Captain Cuningham, Evan McLaurin, and Pearis, when it was agreed that hostilities should immediately cease, that the garrison should be marched out of their improvised fort and their swivels given up, which by a secret agreement for that purpose were in a day or two privately restored. This mock surrender of the swivels was agreed upon by the leaders to appease a large party of the besiegers who, while the negotiation was progressing, demanded their surrender. The treaty further stipulated that the public differences should be submitted to Lord William Campbell the Governor on the part of the King's men, and to the Council of Safety on the part of Major Williamson and those under his command; that each party should send messengers to their principals, and twenty days be allowed for their return; that Major Robinson should withdraw his men over the Saluda River, and keep them there or disperse them as he pleased until he should receive his Excellency's orders; that no person of either party should be molested in returning home; that should reinforcements arrive, they should be bound by the treaty; that all prisoners should be set at liberty, the fortifications levelled, and the well which had been dug in the forts filled up.

The Cunningham Mess, part 2: The Ammunition

From The History of South Carolina in the Revolution, 1775-1780, by Edward McCrady, published 1901, Macmillan & Co., ltd., South Carolina, page 87:

... Drayton while on his mission in that part of the country [Ninety Six District] had had a "talk" with the Cherokees, and had promised to send them a supply of powder and lead; and in compliance with this promise the Council of Safety on the 4th of October [1775] had dispatched a wagon with one thousand pounds of powder and two thousand pounds of lead as a present to them. It unluckily happened that about this time Robert Cuningham's arrest became known; whereupon Patrick Cuningham immediately assembled a party of about sixty armed men to rescue his brother. They failed in doing that, but seized the ammunition on its way to the Indians. Upon this Major Andrew Williamson, who then resided in Ninety-Six, embodied his militia for the purpose of recovering the powder and lead. He formed a camp at Long Cane, and sent a letter to Edward Wilkinson and Alexander Cameron, the Indian agents then in the Cherokee Nation, informing them of the seizure, and requesting that the matter should be explained to the Indians so as to prevent them from revenging themselves upon the people of this frontier. On the other hand, the Cuningham party represented that the ammunition had been sent to the Indians to arm them against the King's friends, who formed so large a part of that population. This unfortunate event added greatly and not unnaturally to the opposition to the government of the Congress and was of great influence in assisting the collection of a considerable force in arms between the Broad and Saluda.

The Treaty of Ninety-Six, 1775

TREATY OF NINETY-SIX.
SOUTH CAROLINA — NINETY-SIX DISTRICT.
Whereas, misunderstandings but too often precipitate men and friends into quarrels and bloodshed, which, but for such misunderstandings, never could have happened: And whereas the present unhappy disputes between Great Britain and North America, have unhappily occasioned uneasiness between a part of the people living between Broad and Saluda rivers and other adjacent parts, and the other inhabitants of the Colony aforesaid, from misunderstandings as aforesaid, inasmuch as the said part of the people as aforesaid, having tender consciences, declined to accede to the Association signed in Congress on the 4th of June last; and the said other inhabitants thereby thinking that the said declining to accede, proceeded from principles and designs, in them the said part of the people, inimical to the proceedings and designs of the said other inhabitants; and that they, the said part of the people, did mean to aid, assist and join the British troops if any should arrive in the Colony aforesaid, during the present unhappy disputes as aforesaid: And whereas these are all misunderstandings, and it being the sincere wish and desire of all parts of the Colony to live in peace and friendship with each other: Wherefore, for the clearing up of the said misunderstandings, and for the manifestation of the wish and desire aforesaid, Colonel Thomas Fletchall, Captain John Ford, Captain Thomas Greer, Captain Evan McLaurin, the Reverend Philip Mulkey, Mr. Robert Merrick and Captain Benjamin Wofford, deputies for, and sent by the part of the people aforesaid, have repaired to the camp of the Honorable William Henry Drayton, Esquire, acting under the authority of the Council of Safety for this Colony; and, for the purposes aforesaid, it is hereby contracted, agreed, and declared by the Honorable William Henry Drayton, in pursuance of powers vested in him by the Honorable the Council of Safety as aforesaid on the one part, and the deputies aforesaid, in pursuance of powers vested in them by the said part of the people on the other part:

1st. That the said declining of the part of the people aforesaid, to accede as aforesaid, did not proceed from any ill or even unfriendly principle or design, in them the said part of the people, to or against the principles or designs of the Congress of this Colony, or authorities derived from that body, but proceeded only from a desire to abide in their usual peace and tranquility.2d. That the said part of the people, never did mean to aid, assist or join the British troops as aforesaid; and hereby it is declared, that if at any time during the present unhappy disputes between Great Britain and North America, any British troops shall or may arrive in this Colony, the deputies aforesaid, for themselves and the part of the people aforesaid, by whom they, the said deputies, are authorized, and whom they do represent, declare that if any British troops as aforesaid, shall arrive as aforesaid, they, the said deputies, on the part of the people aforesaid, shall not, and will not give, yield, or afford, directly or indirectly to, or for the use, advantage or comfort of the said British troops, or any part of them, any aid or assistance whatsoever, or hold with them the said troops, or any part of them, any communication or correspondence.
3rd. That if at any time during the unhappy disputes as aforesaid, any person or persons of the part of the people aforesaid, shall, by discourse or word, reflect upon, censure or condemn, or by any conduct oppose the proceedings of the Congress of this Colony, or authorities derived from them, the said Congress, the Council of Safety, or General Committee, as the case may be, shall, without being deemed to give any umbrage to the part of the people aforesaid, send to any of the deputies aforesaid to make requisition, that any and every such person or persons as aforesaid, offending in any of the premises aforesaid, against the proceedings of the Congress or authorities aforesaid, may, and shall be delivered up to the authority of the Congress, or the tribunals under that authority, to be questioned and tried and proceeded against, according to the mode of proceedings by authority of Congress; and if such person or persons as aforesaid, be not delivered up as aforesaid, within fourteen days after requisition as aforesaid; then, in such case, the Congress or Council of Safety, or General Committee, may, and shall be at liberty to use every means, to apprehend any, and every such person or persons as last aforesaid; and question, try, and proceed against as aforesaid, every such person or persons as aforesaid.
4th. That if any person or persons who has, or have signed, or shall sign the Association aforesaid, shall, without authority of Congress, molest any person or persons of the part of the people aforesaid, in such case, application shall be made to the said Congress, or Council of Safety, or General Committee, in order that such person or persons so molesting, be punished for, and restrained from molesting as aforesaid.

And it is hereby declared, that all and every person of the part of the people as aforesaid, not offending in or against any of the premises aforesaid, shall, and may continue to dwell and remain at home as usual, safe in their lives, persons, and property. Such being nothing more, than what has been, and is the aim, intention and inclination of the Congress of this Colony, and the authorities under that body.
All persons who shall not consider themselves as bound by this treaty must abide by the consequences.
Done at the camp, near Ninety-Six, this 16th day of September, 1775.
WM. HY. DRAYTON,
THO. FLETCHALL,
JOHN FORD,
THO. GREER,
EVAN McLAURIN,
BENJ. WOFFORD.
Witness,
WM. THOMSON,
ELI KERSHAW,
FRANCIS SALVADOR.