expected, it was entirely
composed of those, who either in a civil or military capacity, had
distinguished themselves in the late contest. In the senate we have
seen there were but thirteen members, which was a bare quorum; and Gen.
Marion could not be spared, for it would have broken up the house. In
the house of representatives, there were but seventy-four members, of
whom sixty formed a quorum. Both houses were therefore remarkably thin;
but what they lacked in numbers they made up in spirit. They passed the
well known confiscation law, avowedly to retaliate on the British for
having acted in like manner to those who had adhered to the Americans;
but privately with a view to enable the state to raise its quota of
continental troops; for Gen. Marion, in a letter to Col. Peter Horry, of
the 10th of February, states, that "Two regiments are to be raised, as
our continental quota, giving each man a negro per year, which is to be
taken from the confiscated estates. A number of large estates are down
on this list, and others are amerced, which will give us at least a
million sterling as a fund." And a clause in the act passed, enacts,
"that there shall be set apart a sufficient number of slaves to raise
the quota of continental troops required of this state." How far this
law might be justified, on the plea of necessity and self-defence, is
quite a different ground from that of retaliation. In the preamble to
the law, the reason given for enacting it is retaliation upon tories
for the injuries done to the property of the whigs by confiscations; but
there appears to be no sound reason for passing the law as a retaliatory
measure. Between rulers and subjects, or citizens, the duties of
subjection and protection are reciprocal; but, in this case, the rulers
were unable to protect the citizens, and therefore ought not to have
expected from them such implicit subjection. It was only by a few
daring spirits, and that generally in places remote from the enemy, that
resistance was kept up; yet, under existing circumstances, it was not to
be looked for from the timid more immediately in their power. But, as a
measure of self-defence, the law was justifiable.

The governor and council, armed with the supreme power of the state,
had impressed the horses, provisions and indigo of the whigs, for public
services, and that proceeding had scarcely excited a murmur. These
resources had now failed, and the war was to be carried on without
m