derstanding the full power of the means of resistance | from his port-folio, and read before the tribunal sitting

Among the newspapers thus prosecuted, was a pro-fringement of the rights and prerogatives of the nobility. vincial journal, La Sentinelle des Deux-Sèvres. This journal, which was conducted with courage and talent, had published a letter on the subject of the refusal of taxes, by M. Mauquin, who had been simultaneously nominated as deputy by the department des Deux-Sèvres, and by that of la Côte d'Or. This journal was prosecu- The effect on the tribunal, produced by reading this ted for the publication of the letter. M. Mauquin has-piece, was magical. The king's attorney was put down, tened to offer the support of his fine talents to a journal | and the journal, after some forms had been gone through, which was involved in difficulties on his account; and was acquitted, amidst the applauses of the whole aunotwithstanding the excessive cold of the winter of dience. 1829-'30, proceeded to Niort to defend, before the court which was to try the offence, a cause which he regarded as a personal one.

The threat to refuse the payment of taxes in the event of a violation of the charter, said the prosecutor, was a gratuitous outrage to the government, which the most odious hostility could alone believe capable of forgetting its oaths and betraying its duties. The right of the citizens to refuse, in any state of things, the pay-lution have been either eulogized by the orator, or ment of taxes, and thus to deprive the government of all means of action, and to deliver the country up to anarchy, was questioned.

and the hazards of war, to inglorious and unsatis- | liberty; troops undisciplined, desertions frequent, fying ease. On the 2d of August, he set out for and deep, general depression and gloom, arising Annapolis, thence through Philadelphia to New from these combined causes. Here Everheart York, where, being united to Beall's regiment, saw and conversed with the general-in-chief. he fought at York Island, August 27th, 1776. Overwhelmed with grief and despair, his manly The disasters of that unfortunate day created uni- features were bathed with tears; the darkest versal gloom and despondency. The city of New clouds of adversity had gathered on his brow; no York was evacuated, and at once passed into the cheering hope gilded to his vision the horison of possession of the enemy. On the 28th October of freedom; "a brave man struggling with the that year, the battle of White Plains took place, storms of fate;" the sternness of a soldier yielding in which our young recruit displayed a gallantry to the softer feelings of his noble heart! Æneas worthy of his name, and of the cause in which he looked on the flames of Troy from the prow of his had perilled his life. Chief Justice Marshall tells bark, but not without being melted down at the us that the engagement was very animated on awful scene! Driven from this last position, both sides. The loss of our army was between Washington took post at Newark, on the south three and four hundred. Among the wounded side of the Pasaick, whence he retreated to Brunswas the intrepid Col. Smallwood, one of the no-wick on the Raritan, Nov. 28, 1776. The period blest sons of Maryland, who, in the subsequent had now arrived when the troops composing the stages of the mighty struggle for independence, flying camp were discharged, their term of service acquired for himself never fading laurels. having expired. To the extreme mortification of From this place, Everheart, with part of the the general, his army was much enfeebled from army, retreated to Fishkill, on the Hudson, and this cause, even in sight of the enemy, led on by thence to Fort Washington. It was situated on a the accomplished Cornwallis. Not so with Everhigh bluff of land on the river, and difficult of as-heart: he still remained to share the fate of the cent. On the 15th November, the garrison was Americans. The retreat through Jersey has ever summoned to surrender, on pain of death, by a been considered, by military men, a masterly pernumerous and well disciplined force, commanded formance. The sufferings and perils of our troops by Howe and Cornwallis. Col. Magaw, an in- during that period are almost beyond description. telligent and tried officer, replied that the place It is true, however, in the moral, as in the natural should be defended to the last extremity. Gen. world, that the darkest hour is just before the Washington was now at Fort Lee, immediately dawn of day. Literally was it verified in the unopposite, and could see all the operations of the expected and extraordinary change of affairs British. How full of anxiety must his bosom which occurred at Trenton, on the 26th Dec. 1776, have been, when on the bank of the river he when the tide of war was turned in our favor. beheld the unequal contest; heard the roar of ar- One thousand prisoners, six pieces of artillery, a tillery and small arms, the lines and redoubts car-large amount of arms, were the trophies of this ried, and the banner of his country struck to a memorable night. The sun of prosperity once haughty foe! The capitulation was obtained at the more lighted up the countenance of the successful point of the bayonet. While it was progressing, chief; drops of grief gave place to smiles of joy. the General sent a billet to the colonel, requesting Remaining with the army until the spring of '77, him to hold out until evening, when he would en- Everheart returned to his birth-place; but his ardeavor to bring off the garrison; but the prelimi-dent spirit would not allow him to remain long innaries had been signed, and it was now too late. active. Accordingly, in the summer of 1778, he Our loss was estimated at 2,000, that of the British enlisted at Frederick, in the regiment of horse, of at 800. Everheart was not included in the capitu- which Col. Washington was commander. Belation, having fortunately escaped with some of tween this period and March, '79, he remained his comrades in a boat, after the surrender, and ar- here with the corps, actively engaged in daring rived at Fort Lee. Cornwallis resolved on sur- feats of horsemanship, in acquiring a thorough prising this place, crossed the river with six knowledge of tactics, and in making preparations thousand troops, below Dobb's Ferry, and en for the arduous duties of a southern campaign. deavored to enclose the garrison; but the charac- His virtues, as a soldier, caught the eye of the teristic caution and foresight of our chief thwarted colonel, and he was soon commissioned a sergeant. this scheme by a timely retreat to the narrow Arriving at Petersburg, Va., they were placed in neck of land lying between the Hudson and charge of captain Stith, by whom they were, at Hackensack. Miserable and forlorn in the ex- proper seasons, disciplined and drilled, until Christtreme, was now the condition of the little army of mas of that year, when Col. Washington returned patriots; in a level country, without a single in- from the north, where he had been on service. In trenching tool, exposed to inclement weather, April, 1780, the regiment arrived at Charleston, without tents, provisions, or forage; in the midst Carolina; and soon after, near Stony Church, of a people, in no wise zealous in the cause of seven miles from Dorchester, the regiments of

indeed a day, full of glory to our country. On the heights of Cowpens, the unyielding valor of men determined to be free, shone with unrivalled lustre. With his characteristic ardor, Tarleton pressed hard on his adversary through the night of the 16th, and passed over the ground on which the American general had been encamped, a few hours after the latter had left it.

The following letter of Lieutenant Simons to Colonel (afterwards General) William Washington, will prove what part Everheart bore on that glorious occasion.

light dragoons of Pulaski, Bland, and Baylor, led Morgan, by direction of Gates, he resumed his by the lieutenant-colonel, attacked for the first accustomed active service, and was essentially time, the celebrated Tarleton. He retreated with useful in the important trust confided to Morgan. loss. The Americans retiring to Monk's corner, Greene succeeding Gates, after the ill-fated cataswere soon after attacked before day, by that en- trophe at Camden, Morgan was detached with terprising British officer, who had concealed him- the corps to which Everheart belonged, to hang on self for sometime in a swamp. Major Vannier, of the enemy's flank, and to threaten Ninety-Six. Pulaski's corps, was killed, and about fifty of our After various vicissitudes incident to the life of a men were taken. Collecting our scattered forces, soldier, Morgan halted near the Pacolet river, on our troops pressed on to Murray's ferry, subsisting the 1st of January, 1781. Washington set out for several days on parched corn and a little bacon. for Hammond's store, so notorious for being the Crossing the Pedee on the 3d of May, every effort rendezvous of tories, (leaving the sergeant in was made by forced marches to overtake Tarleton, charge of the baggage,) whence he returned in but in vain, in consequence of the numerous tories two days, after killing several, and taking fifty or infesting that neighborhood, who proved constant sixty prisoners. From this period until the 17th and liege subjects, and friends to the devastating of the month, the Americans were continually enfoe. On the 6th of May, they captured one com-gaged in reconnoitering the British. That was pany of British dragoons, consisting of forty persons, and retired back again to the ferry; Buford then lying on the northern side of the river. In vain did the colonel insist on crossing the Pedee, but was overruled by White, who had recently arrived to assume the command of Bland's regiment; Tarleton at once took advantage of this impolitic movement, and not only recaptured the prisoners recently taken, but also forty Americans. Two days afterwards, the scattered regiments were once more collected together, below Leneau's ferry, where the heavy baggage lay. On the 29th of May, Tarleton tarnished his laurels at the Waxhaws, in his attack on Buford, by an indiscriminate massacre of one hundred and thirteen Ameri-"DEAR GENERAL, cans; the wounding of one hundred and fifty in a "In reply to your letter of the 23d ultimo, and barbarous and inhuman manner, after quarter had to the letter which you enclosed for my perusal, I been demanded: fifty-three were taken prisoners. do hereby (not only from recollection, but from a "In the annals of Indian war, nothing is to be journal now in my possession, which I kept at the found more shocking; and this bloody day only time,) certify, that about the dawn of day on the wanted the war dance and the roasting fire, to 17th of January, 1781, you selected Sergeant have placed it first in the records of torture and of Everheart from your regiment, and thirteen men, death in the west." After encountering many whom you sent to reconnoitre Lieut. Col. Tarleton's perils and hardships, parrying the onsets of foreign army. The advanced guard of his army were and intestine enemies; harrassed with all the ac-mounted, as we understood and believed, on some cidents and trials of warfare, in a country infested of the fleetest race horses, which he had impressed with traitors, whose business it was, not only to from their owners, in this country, and which aid the British, but to burn, devastate, and over-enabled them to take Sergeant Everheart and one whelm in ruin the property of their neighbors, and of the men; but the other twelve men returned and deliver it up almost to indiscriminate ruin; Ever- gave you information of the approach of the eneheart, with his regiment, arrived at Halifax on my. Immediately after the battle of the Cowthe first of June, where they remained until pens commenced, you well recollect that your September, recruiting their exhausted ranks with first charge was made on the enemy's cavalry, men and horses from the north. Being now in (who were cutting down our militia,) and whom, fine order, they set out again for the scene of war after a smart action, you instantly defeated, leaving in South Carolina. At Rudgeley's mill, the in the course of ten minutes eighteen of their brave lieutenant colonel putting a painted pine log on a 17th dragoons dead on the spot, and whom, you cart, induced Rudgeley to believe it a piece of will recollect, were deserted by Col. Tarleton's leartillery, and being summoned by a corporal with gionary cavalry. The former wore an uniform of a flag, or on failure, he would be blown to atoms, red and buff, with sheep skin on their caps; the that officer, with more than one hundred prison- latter wore an uniform of green with black facings. ers, capitulated without firing a gun. Washing-In pursuit of their cavalry, you overtook their ton, with his cavalry, being now placed under artillery, whom you immediately made prisoners;

"CHARLESTON, Nov. 3, 1803.

but the drivers of the horses who were galloping off

"I believe the circumstances detailed in the with two three-pounders, you could not make sur-certificate of James Simons, relative to Lawrence render, until after repeated commands from you, Everheart, are strictly just; and can with truth you were obliged to order to be shot. After secu- aver, that Sergeant Everheart was a brave and ring these field pieces, your third charge was meritorious soldier during our revolutionary made upon the right wing of their army, compos- struggle. ed of legionary infantry, intermixed with the battalion of the brave 71st, under the command of Major McArthur; and who, under the operation of an universal panic, having been successfully The following letter in the hand-writing of his charged on the left of their army, by our friend colonel, constitutes part of the documents on which Colonel Howard, instantly surrendered. Imme- a pension was recently obtained, under the act of diately after securing the prisoners, your fourth Congress of June 7, 1832.

charge was in pursuit of their cavalry, who finding they could no longer keep Everheart a prisoner, shot him with a pistol on the head, over one of his eyes, (I cannot remember which.) Being then intermixed with the enemy, Everheart pointed out to me the man who shot him, and on whom a just retaliation was exercised, and who, by my orders was instantly shot, and his horse, as well as I recollect, given to Everheart, whom I ordered in the rear to the surgeons. It was at this period of the action, that we sustained the greatest loss of men, Lieutenant Bell having previously taken off with him, in pursuit of the enemy on our left, nearly a fourth part of your regiment. The enemy were obliged to retreat, and were pursued by you twenty-two miles, taking several prisoners and wounded. To the best of my recollection, Sergeant Everheart was so disabled from his wounds, that he received a discharge from you, and he retired from the army. That Sergeant Everheart was a brave soldier, there is no better proof than your selecting him at such an important moment for such important service; that Everheart would have been promoted to the rank of an officer, had he been able to remain with our regiment, your practice in several similar instances, leaves no room to doubt, as the meritorious was certain of promotion from you. To recompense, therefore, in the evening of his days, for past services, an old, gallant, and meritorious wounded soldier, will, I am persuaded, be a great satisfaction to all with whom the decision of this question can rest.

W. WASHINGTON. SANDY HILL, Nov. 13, 1803."

"SANDY HILL, Nov. 11, 1803.
"DEAR SIR:-1 should have answered your
favor of August 4th long since, but the certificate
of James Simons could not be obtained till a few
all the circumstances relative to the services and
days ago. Such a length of time has elapsed, that
discharge of Lawrence Everheart, are not so fully
within my recollection as to justify my making an
cate and affidavit of James Simons, who was a
affidavit of the same; but doubtless, the certifi-
lieutenant and adjutant in our regiment, fully
meets all the requisitions of the law of Congress.
It gives me much pleasure that you and my old
friend Howard are about to advocate the preten-
sions of that brave and meritorious soldier, Law-
lieve that Congress will reject the just claims of an
rence Everheart; and I cannot be induced to be-
old soldier, who was instrumental in accomplishing
that independent situation which they now enjoy;
and who, in consequence of his bravery, was un-
fortunately deprived of the means of supporting
himself comfortably in old age.

I am, dear sir, with much respect and esteem,
Your very obedient, humble servant,
W. WASHINGTON.
Enclosed herewith, you will receive the certifi-
cate and affidavit of James Simons."

In order fully to understand these documents, it will be necessary here to recapitulate some of the events in which Everheart participated. It was not until after a severe and bloody contest between the advance of Tarleton and his party, that he was captured. On his left hand are now to be seen the wounds received on that morning from the sabres of the enemy. Even with this disadvantage, he would have escaped, but his favorite charger, to his great sorrow, fell dead under him, by a shot from the enemy. At this moment, our army was about three miles in the rear. He was taken by quartermaster Wade, with whom he had accidentally formed a slight acquaintance at Monk's corner, (and who was slain on that very day,) to Col. Tarleton. That officer dismounting, the following conversation occurred: "Do you expect Mr. Washington and Mr. Morgan will fight me today?" "Yes, if they can keep together two VOL. IV.-75

ed by Morgan with unshaken firmness. Each party struggled hard for victory; the enemy ordered up his reserve. McArthur's regiment animated the whole British line, which, outstretching our front, endangered Howard. That officer defended his flank by directing his right company to change its front; but by mistake it fell back; the line began to retire, and they were ordered to retreat to the cavalry. This manœuvre being quickly performed, the new position was imme

hundred men. 29 66 Then," said the former, "it will poured in on the British a'destructive fire; but be another Gates defeat." "I hope to God it will continuing to advance with the bayonet on our be another Tarleton's defeat," replied the gallant militia, the latter retired and gained the second son of Middletown Valley. "I am Col. Tarleton, line. Here, with part of the corps, Pickens took sir." "And I am Sergeant Everheart, sir." It post on Howard's right, and the rest fled to their was a reply worthy of Roman or Spartan courage. horses. Tarleton pushed forward, and was receivSuffering intensely from his wounds, they were speedily dressed by the British surgeon, and he was treated with distinguished kindness. Now a prisoner of war, he was taken with the enemy's army to the scene of action. At eight o'clock in the morning, Morgan halting near the Broad river, awaited the approach of his adversary. The ground about the Cowpens was covered with open wood, allowing the cavalry to operate with ease, in which the British trebled our forces. The detachment of Tarleton numbered one thousand;-diately resumed. The British line now rushed on that of Morgan, eight hundred. Although the with impetuosity, but as it drew near, Howard plan of battle on the part of the American briga- faced about, and delivered a close and severe fire. dier, was, in the estimation of some military men, The enemy recoiled;—the advantage was followed rather injudicious, yet it was impossible that the up with the bayonet, and the day was ours. At issue could have been more fortunate. The first this instant, Washington charged, as Major Siline was composed of militia under Major Mc-mons has stated, on the enemy's cavalry, who had Dowel, of North Carolina, and Major Cunning-gained our rear, and were "cutting down" our ham, of Georgia, who were ordered to feel the militia. He proved himself the "thunderbolt of enemy as he approached, then to fall back on the war." What language can paint the emotions front line, and renew the conflict. The main which then filled the bosom of his friend, a captive body of militia composed this line, under Gen. in the hands of that enemy whom the colonel was Pickens. In the rear of the first line was station-destroying; himself liable at every moment to ed a second, composed of the continental infantry, fall by the hands of his countrymen? His beloved and Virginia militia, under Captains Triplett and chief was then in the prime of life, six feet in Taite, commanded by Howard. Washington's height, broad, strong, and corpulent, courting cavalry, reinforced by a company of mounted mi- danger, impetuous and irresistible. In proof of litia, was held in reserve, convenient to support the this, Marshall, in his 4th vol. page 347, says: "In infantry, and to protect the horses of the rifle the eagerness of pursuit, Washington advanced corps, which, agreeably to usage, were tied in the near thirty yards in front of his regiment. Obrear. "The gloomy host" now advanced, sure of serving this, three British officers wheeled about conquest. At this solemn period, Morgan, who and made a charge upon him? The officer on his had fought at Quebec under Montgomery, and right was aiming to cut him down, when a sergeant fully established his fame at Saratoga, addressed came up and intercepted the blow, by disabling his troops in a style worthy of a Hannibal or his sword arm. At the same instant, the officer Scipio Africanus. Uneducated as he was, his elo- on his left was about to make a stroke at him, quence was from the heart, and thrilled through when a waiter, too small to wield a sword, saved every bosom. He exhorted the militia to the ex- him by wounding the officer with a ball discharged ercise of firmness and zeal, and declared his entire from a pistol. At this moment, the officer in the confidence in their valor and patriotism. He point- centre, who was believed to be Tarleton, made a ed them to the fields of his exploits; to his fortune thrust at him, which he parried, upon which the and experience; to the destructive fire of his un-officer retreated a few paces, and then discharged erring riflemen; to the mortification he had experienced at being hitherto forced to retire before the enemy; and that now was the time to strike for their country. To the continentals he said little, except to remind them that they needed no exhortation to do their duty. He took his station. The situation of Everheart, when the first line fell back, and the shout of the enemy was heard in all directions, must have been truly appalling, because he knew not that this movement formed part of the plan of battle. But rushing on the front line, which held its station, they instantly

a pistol at him, which wounded his knee." The sergeant here spoken of was Everheart. Under Providence, he was his shield and buckler. How great the benefit conferred on his country! Had Washington fallen, we should not only have lost his all-important services on that day, when victory settled on our banner, but also his valor and skill at the subsequent actions of Guilford and Eutaw, at which last place he was, to the great grief of the whole army, thrown from his horse while charging the enemy, and carried away a prisoner to Charleston. Morgan now pressed his