and afterwards refused to be heard by counsel. The law of
nations, as we have seen, was often on the lips of Balfour, and here was
a case which came clearly within that code. Then the forms of justice
should have been carefully observed; the accused should have been heard
in his defence; the spirit of the law should have been the guide of the
judges, with a leaning in favour of lenity and mercy; the passions ought
not to have been suffered to interfere, where the minds of the court
should have been regulated by justice and wisdom; and finally, the
judges should have proceeded deliberately, avoiding every thing like
haste in their decision. Such is the law of nations.** But neither the
forms of justice, nor the spirit of the law were observed; the accused
was tried by a court martial, in which, after the production of the
declaration of allegiance, the only inquiry made was, "whether he had
been taken in arms?" And that being proved, the defendant received a
summary sentence of death. A most feeling intercession was made in his
behalf, but in vain; all that could be obtained was a few days delay of
the execution, which otherwise would have been hurried on in the most
indecent manner. Col. Hayne died, not indeed the death, but with the
spirit of a soldier, and a martyr in the cause of civil liberty; he met
his fate calmly on the gibbet. The character of Balfour was already so
black there was scarcely room for an additional blot; but the execution
of Col. Hayne must ever continue a stain upon the reputation of Lord
Rawdon. He had not even the excuse that it was the law of the conqueror;
for Lord Cornwallis and himself were conquerors no more.

* These St. Augustine friends, were sixty-two influential
characters, citizens of Charleston, whom Lord Cornwallis,
soon after the town surrendered, had ordered to be sent and
imprisoned at St. Augustine, contrary to the terms of the
capitulation.

** Vatt. B.1.C.13. S.170-2. Montesq. B.6.C.3.

The two hostile armies still lay encamped and watching each other in the
positions before mentioned, at Bloomhill and M'Cord's ferry; but about
the beginning of September, Gen. Greene, for the want of boats, marched
up the Wateree and crossed it not far below Camden,* and marching down
through the fork between the two rivers, passed the Congaree at Howell's
ferry and encamped at Motte's plantation, on a direct route to meet the
enemy, who had been encamped