Sages and Heroes of the American Revolution Part 22

No patriot of the Revolution merits our reverence, admiration and grat.i.tude more than James Otis. He commenced that opposition against tyranny which resulted in the emanc.i.p.ation of the new continent--prepared an asylum for the oppressed and set an example for patriots worthy of imitation through all future time and over the civilized world.

WILLIAM PACA.

Creative wisdom has not designed every man for a Demosthenes or a Cicero but every man of common sense is designed to be good and useful. If all were alike gifted with splendid talents the monotony would become painful. Variety, the spice of life, would lose its original flavor. If all our legislators were eloquent orators and were affected by the mania of speech making as most of our public speakers are at the present day, we should be constantly as we are frequently, overwhelmed with talk and have but little work commenced and less completed. No one admires true eloquence more than the writer but not too much of this good thing at the expense of the dear people. Business is of higher importance. Like our bodies that end in a narrow cell--the long, elaborate and in some instances--sensible and eloquent speeches of our legislators receive their finale in the approving--_Aye_--or the emphatic--_No_. Although based upon the purest motives--dictated by the most enlightened understanding--strengthened by the soundest logic--embellished with the richest flowers of rhetoric--illumined by the most brilliant intelligence--_Aye_ or _No_ decides the most gigantic efforts of every speech maker. I indulge no desire to extinguish these intellectual lights or to snuff them too closely. Their wicks should be cut shorter and the volume of their flame diminished so as to emit less smoke.

Brevity is the soul of wit--despatch the life of business. In the committee room every man can be useful. The responsibilities of a vote bear equally upon all. Let the importance of no man be undervalued by himself or compeers because he was not born with a trumpet tongue. If his head is clear and his heart right he can do good and be useful.

Among those who rendered essential service in the cause of the American Revolution in a retiring and una.s.suming manner, was William Paca born at Wye Hall on the eastern sh.o.r.e of Maryland October 31st 1740. His father was an estimable man. He gave this son a good education and planted deeply in his mind the principles of virtue and moral rect.i.tude. He graduated at the college in Philadelphia and in 1758 commenced the study of law at Annapolis in his native state. He applied himself closely to the investigation of that branch of science that unfolds the nature and duty of man in all the relations of life--shows what he is and what he should be under all circ.u.mstances--unveils his pa.s.sions, his propensities and his inclinations--carries the mind back through the abysm of lights, shadows and darkness to pristine happiness and illuminates the understanding more than any other course of reading. Law is a compound of all the sciences in theory and practice. An honest lawyer who is actuated by principles of strict justice, pure ethics, equal rights and stern integrity--can do more to sustain social order and promote human happiness than a man pursuing either of the other professions. A lawyer is not complete until he understands at least the theory of all the practical sciences, professions, trades and the whole routine of business and the nature of man. The acquisition of elementary law is only the vestibule to a full preparation for practice.

Upon the firm basis of an honest lawyer Mr. Paca commenced a successful business and built an enduring fame. He was esteemed for his clearness of perception, purity of purpose, decision of character, prudence of action and substantial usefulness--all exhibiting a clear light but not a dazzling blaze. Upon a mind like his the oppression of the mother country made a gradual impression that was deepened by the graver of continued violations of right until it became so firmly fixed that all the powers of earth could not efface, deface, erase or expunge it. As const.i.tutional privileges were more openly infringed his soul became more strongly resolved on liberty or death. He was on intimate terms with Mr. Chase who possessed all the powers to command whilst Mr. Paca was endowed with the indispensable requisites of a sale and skilful helmsman. With qualities thus differing these two patriots simultaneously commenced their voyage upon the boisterous ocean of public life destined for the same port--the haven of LIBERTY.

Soon after he commenced practice at the bar Mr. Paca was elected to the Maryland legislature and became a very useful member. In 1771 he was one of the committee of three that prepared a letter of thanks to Charles Carroll for his able advocacy of the cause of freedom in a written controversy with the royal governor and his subordinates. In that letter the committee expressed a determination never to submit to taxation without representation or to the regulation of taxes by the executive authority--thus furnis.h.i.+ng the crown with an index of the public mind in advance of the text. Mr. Paca was a member of the Congress of 1774 which was rendered ill.u.s.trious by proceedings of propriety and wisdom emanating from minds like his. Upon such men we can always rely in times of peril. They view everything in the calm suns.h.i.+ne of reason and justice being never overwhelmed by sudden emotions or angry pa.s.sions.

Ever upon the _terra firma_ of prudence ready for action they are prepared to render a.s.sistance to those whose loftier barks often run into the breakers and need a cable from on sh.o.r.e to haul them in.

Mr. Paca was continued in Congress until 1778 and rendered valuable service to his country. In 1775 he joined Mr. Chase in furnis.h.i.+ng a new military corps with rifles to the amount of nearly a thousand dollars from their private funds. He devoted his time, talents and fortune to the cause of freedom. His examples had a powerful influence upon reflecting men. All had unlimited confidence in his opinions--always deliberately formed. When the Declaration of Independence was proposed his feelings and views were decidedly in its favor but his instructions were opposed to it. The Maryland members of a.s.sembly considered the project wild--believing the power of the mother country would crush all opposition in embryo. Redress they fondly but vainly hoped for. The British authorities soon furnished arguments steeped in blood that removed all restrictions and left Mr. Paca and his colleagues to act freely. The first decided vote in favor of stringent measures was on the 28th of May 1776 at which time the Chaplain of the Maryland a.s.sembly was directed not to pray for the King. As trifling as this may now appear it then had a favorable and potent influence upon the people.

When the glorious day arrived to decide the fate of the Chart of Liberty Mr. Paca was at his post and enrolled his name with the apostles of FREEDOM whose fame will continue to rise in peerless majesty until the last trump of time shall sound its closing notes and a.s.semble the world of mankind in one grand army for the final inspection of the great Jehovah.

In 1778 Mr. Paca retired from Congress and was appointed Chief Judge of the Superior Court of Maryland. In 1780 his duties were increased by his appointment to preside over the Prize and Admiralty Court. He stood approved as an able statesman--he was an ornament to the judiciary. The ac.u.men of his mind and legal acquirements made him a _strong_ judge--his honesty and impartiality made a _popular_ one. In 1782 he was elected governor and discharged the duties of the office with great usefulness.

He was a devoted friend to religion and education and did much to render them prosperous. He inculcated principles of economy and morals and held a parental supervision over every department of state that came within the pale of his executory or advisory jurisdiction. His wise and judicious administration rendered malice powerless, paralyzed slander and left no loop for jealousy to hang upon.

At the end of his term he retired to private life which he enjoyed until 1786 when he was again called to direct the destinies of his native state. In 1789 President Was.h.i.+ngton appointed him Judge of the U. S.

District Court of Maryland which office he ably filled up to 1799 when he was summoned to appear at the Bar of G.o.d to render an account of his stewards.h.i.+p. He cheerfully obeyed the summons, launched his immortal spirit on the ocean of eternity and disappeared from earth. He had lived the life of the righteous--his last end was like his.

Mr. Paca was a man of polished manners, plain and dignified in his deportment with an intelligent and benignant countenance. His course in life demonstrated clearly that moderation and mildness joined with discretion and firmness govern more potently than authoritative dictation. His memory is revered--let his examples be imitated.

ROBERT TREAT PAINE

Virtue affords the only sure foundation of a peaceful and happy government. When the wicked rule corruption acc.u.mulates. Not that rulers must be members of some visible church--but they should venerate religion and be men of pure morals and political honesty. Disease affects the body politic and produces dissolution with the same fearful certainty that it destroys the physical powers of man. If the head is disordered the whole heart is sick. If the political fountain becomes polluted its dark and murky waters will rapidly impregnate every branch of the body politic with their contagious miasma. The history of all time proves the truth of this proposition. The pa.s.sing events of the present exciting era are fruitful with demonstrations of the baneful effects of intrigue, peculation, political fanaticism and disunion.

Without virtue our UNION will become a mere rope of sand--a spoil for knaves and the sport of kings. Self-government will be an unsolved enigma, rational liberty a paradox, a republic the scoff of monarchs.

With Argus eyes the crowned heads of Europe are watching our career and embracing every opportunity to weaken our government. Each year of our prosperous existence endangers their power. The Elysian story of our liberty is enrapturing their subjects and preparing them for freedom.

The tenure by which they hold their thrones is becoming weaker as time rolls onward. If we are true to ourselves, if virtue predominates--if patriotism, discretion and an enlightened honest policy guide our rulers--the American Republic will increase in beauty, strength and grandeur and become the nucleus of Liberty for the world. Freemen! look to this matter in time and n.o.bly perform your whole duty. Obey the precepts and imitate the examples of the Sages and Heroes who wisely conceived and boldly achieved the Independence we now enjoy. They were virtuous, many of them devotedly pious--all of them politically honest.

Holding a conspicuous place among them was Robert Treat Paine, born at Boston, Ma.s.s. in 1731. He was blessed with truly pious parents. His father performed the duties of a clergyman until his health compelled him to leave the sacred desk. He then commenced the mercantile business.

The mother of Robert was the daughter of the Rev. Robert Treat, an eminent divine of Eastham. From these religious parents he imbibed those virtuous principles that guided his course through life. Were there no other blessings flowing from Christianity than its salutary influence upon social order and harmony of society, mankind would be richly paid for obeying its precepts. This consideration alone should close the _mouth_ of every infidel let the conclusions of his _mind_ be what they may with reference to its origin and reality. No other system has ever been devised that confers as much happiness upon the greatest number.

At an early age Robert Treat was placed in the cla.s.sical school of Mr.

Lovell in Boston where his embryo talents expanded into a rich and luxuriant growth. At the age of fourteen he entered Harvard College.

When he graduated his parents had become so reduced in circ.u.mstances as to need pecuniary aid. To provide ways and means he at once commenced teaching a public school--an occupation of more importance and dignity than is generally awarded to it. When Greece and Rome flourished--teaching took the front rank in professions. For a single course in rhetoric, one hundred Athenean scholars paid Isocrates fourteen thousand eight hundred dollars. It is not surprising that the highest order of talent was employed to advance literature in Greece.

The same liberality would effect wonders in our country.

From the avails of his school Mr. Paine supported his parents and a maiden sister in poor health and at the same time pursued his professional studies. He commenced theology but subsequently read and entered upon a successful practice of law. For a time he continued at the Boston Bar but ultimately settled at Taunton where he acquired a substantial reputation as an active, sound and discreet lawyer. He enjoyed the confidence and esteem of his numerous acquaintances and became celebrated as an advocate. He was among the first to oppose the innovations of the crown and promulge liberal principles. He was a member of the Convention called by the citizens of Boston in 1768 to devise measures for the preservation of their sacred rights and which Governor Bernard vainly attempted to disperse before the members had completed their deliberations. At the instance of Samuel Adams he was employed to conduct the prosecution against Capt. Preston for ordering his men to fire upon the people of Boston on the 5th of March 1770. Upon that trial he exhibited great zeal and ability. During the acc.u.mulation of the revolutionary storm he was uniformly in the conventions and upon the important committees of the people. Many of the boldest resolutions that were adopted came from his pen.

In 1773 he was elected to the a.s.sembly of his Province and was one of the members who conducted the impeachment of Peter Oliver, then Chief Justice, who was accused of acting under the dictation of the king instead of the a.s.sembly. In the prosecution of that trial Mr. Paine manifested strong talent and great professional skill. In 1774 he was again returned to the a.s.sembly and boldly warned the people against the dangers to be apprehended from the appointment of Gov. Gage to succeed Gov. Hutchinson. It was plain to his mind that the nefarious designs of the British ministry were to be enforced by the bayonet unless the people tamely submitted to slavery. An awful crisis was approaching. A larger committee than at any previous time convened at Boston, which proposed and urged the plan of a General Congress to be convened at Philadelphia. Gov. Gage sent an order for them to disperse but his orderly was refused admittance. Five delegates were appointed to meet the General Congress of whom Mr. Paine was one. This measure was originated in Ma.s.sachusetts in 1765 and was strongly urged in a circular in 1768. The set time to favor Liberty had now come. The galling yoke had become painful--most of the colonies approved the plan. By the originators of this proposition a separation from England was not contemplated--a restoration of chartered rights was all that was asked and this in the most loyal and respectful language. With this object in view the Congress convened. When the delegates compared notes they were astonished at the wide spread system of abuses that was on the flood tide of advancement throughout the Colonies. Each had supposed his own const.i.tuents most oppressed. Indignation increased but wisdom and deliberation stamped every transaction with a manly dignity. The proceedings were calm as a summer morning but firm as the rock of ages.

The delegates appealed to the king, to Parliament, to the British nation, to the American people--to a gazing world for the justice of their claims--the equity of their demands. But appeals were vain, cries useless, remonstrances unheeded. They were answered by legions of hireling troops in all the panoply of war with the shrill bugle grating harshly upon the ear. They saw the glittering steel of the foe dazzling in the sun beams. Open resistance or servile submission were the alternatives.

Mr. Paine was a member of the Provincial Congress convened in Concord, Ma.s.s. in October 1774. He superintended the preparation of a spirited address to the people of England which put many in the mother country right and did much to rouse the Colonists to a just indignation towards the overbearing ministry. In 1775 he was a member of the Continental Congress and was placed upon many important committees. He was chairman of the committee on the manufacture of arms and for furnis.h.i.+ng the army.

He was indefatigable in his labors in the glorious cause of Liberty. He often said--"I fear we shall become slaves because we are not industrious enough to be free." Mr. Paine was one of the committee to prepare a const.i.tution for his native state and had the credit of framing that instrument. In 1776 he was a member of the Continental Congress. He was on the committee with Messrs. Jefferson and Rutledge who prepared the rules that governed the action of that body. He was one of the committee to inquire into the causes of the disasters of the campaign in Canada. When the glorious 4th of July 1776 dawned upon Columbia's sons like smiling Heaven and the Eagle of LIBERTY soared in peerless majesty over their blood-stained soil--Mr. Paine was at his post. With a buoyant heart and firm hand he wrote his name upon that matchless instrument which is the consolation of freemen--the consternation of tyrants.

He did much to rouse his friends to action by his letters written in the most happy style. In his native state he stood high in the temple of fame--in Congress he was esteemed by all its members. He was continued in that body for several years and when he could be spared served in the legislature of his State. In 1777 he was speaker of the House of Representatives. The same year he was appointed attorney-general by the unanimous vote of both branches of the legislature. He was a prominent member of the committee that formed the Act reducing the price of labor and goods to a standard of equality. In 1779 he was elected to the Executive Council. The numerous duties imposed upon him he discharged to the satisfaction of his const.i.tuents. He was continued in the office of attorney-general until 1790. He then declined in order to pursue some more lucrative business to provide for the increasing wants of a large and dest.i.tute family. He had expended all his earnings in the cause of freedom but a scanty support. He was then appointed a judge of the Superior Court. He continued on the bench until 1804 when ill health compelled him to resign. He discharged his judicial duties with justice and ability and did much to advance the interests of religion, social order and a sound state of society. On his resignation he was appointed a counsellor of the commonwealth and continued to impart his salutary advice and shed around him a benign influence until the king of terrors closed his useful career on the 11th of May 1814. Calm and resigned he slept in death. He entered Jordan's flood with a full a.s.surance of being hailed with the joyful sentence--"Well done good and faithful servant, enter thou into the joys of thy Lord." If the bright examples here presented fail to benefit the reader his virtue and patriotism are paralyzed.

In the life of Judge Paine we have a picture which the Christian, patriot, jurist and statesmen may contemplate with delightful pleasure.

Because he administered the laws strictly some called him harsh but no one dared accuse him of injustice. His integrity was beyond the reach of slander and the a.s.saults of malice. From his solicitude to direct a wayward son in the paths of rect.i.tude he was reported unkind to his family. The tale was as false as the heart was base that originated it.

He was all kindness and affection. His anxiety for the welfare and usefulness of this very son is proof of the deepest paternal regard. He was a friend to common school education and the sciences. He was the founder of the American Academy of Ma.s.sachusetts in 1780. The degree of LL.D. was conferred upon him by the Cambridge University.

Mr. Paine was a striking example of the happy results of perseverance and industry. He became greatly useful and acquired his fame without the aid of patrons in early life--rising by his own exertions and supplying the wants of his dest.i.tute and aged parents to the day of their death.

His career in public and private life was marked with the purest integrity, the loftiest patriotism, the strictest morality, the most refined consistency and the most exemplary piety. His life was a continued round of usefulness--his labors a blessing to mankind--his death a loss that was keenly felt by his personal friends and the nation at large. A review of his bright examples affords the highest eulogy that can be p.r.o.nounced upon his character. They will be held in veneration to the remotest period of truth-telling time by all who revere virtue and love Liberty.

JOHN PENN.

A federal republican government is an unlimited partners.h.i.+p of the n.o.blest character. Based upon an equality of original representative stock, an equality of interest in the welfare of the firm devolves upon each individual of the compact. Unlike monopolizing corporations that often make the poor poorer and the rich richer--each stockholder has a right to speak, vote and act upon all questions in primary meetings irrespective of the number of shares held. The specie of the firm consists in equality of representation, natural rights, protection in person, properly and freedom. These precious coins cannot be diminished in quant.i.ty or reduced in quality by alloy without courting danger. To aid in preserving them pure is the duty of _all_ and should not be entrusted to the aspiring _few_. Separately and collectively each and the whole are solemnly bound to pursue all honourable means to advance the general good. Each one is bound to bring every talent into use--to leave none in the dark quarry of ignorance, the quagmire of negligence or to rust by inertness. The unfaithful steward that had but one talent was condemned because he did not put it to use. Who can tell what his talents are until he brings them to the light? Rich ores often lie deep.

Many men have pa.s.sed their majority without rising to mediocrity in point of developed intellect and have then suddenly risen, like a blazing meteor and illuminated the world. By several of the signers of the Declaration of Independence this was beautifully demonstrated.

Among these was John Penn, born in Caroline county, Virginia, the 17th of May 1741. He was the only child of Moses Penn who married Catharine, the daughter of John Taylor. The education of the son was confined to the commonest of common schools--the only kind then in his neighbourhood. A little learning has been called a dangerous thing but the amount taught in some common schools at the present era of light is too small to be dangerous--too limited to do much good. The most important branch of the education of that era his parents attended to themselves. By example and precept they taught him the principles of religion, social virtue and moral honesty. Upon a farm young Penn labored with his sire who had but few books and did not desire more.

When John was but eighteen years of age his father died and left him a small fortune. He had an increasing thirst for knowledge but no library fountain at which he could drink and drink again until he should have within himself a living stream of mental light. He communicated his ardent desire to improve his education to his neighbor and relative, Edmund Pendleton who was a profound lawyer and an able statesman.

Convinced that young Penn possessed strong native talent he made him welcome to his valuable library and became deeply interested in his improvement. After exploring the fields of general science this young philomath commenced the study of law with his relative and brought out mental ores from his long neglected intellectual quarry of a rare and rich variety. Mr. Pendleton was delighted with his pupil and the _pupil_ delighted in pleasing him.

Mr. Penn surmounted the barriers that lay before him with an astonis.h.i.+ng rapidity. Before some of his friends supposed he had mastered the elementary principles of Blackstone he presented himself at the court for examination--was admitted to the Bar and at once exhibited the bright plumage of a successful lawyer. But three years previous his now soaring talents were buried deep in their native quarry--unknown and unsuspected--a strong admonition to every reader under similar circ.u.mstances to examine closely the quarry of his own immortal mind.

The professional eminence of Mr. Penn rose as rapidly as his appearance in the forum was surprising. He gained the confidence of the community, the respect of the courts and the esteem of his senior brethren. In 1763 he doubled his original stock in the firm of the social compact by leading to the hymenial altar the amiable and accomplished Susannah Lyme--thus avoiding the hyemal frost that creeps chillingly over lonely bachelors.

In 1774 Mr. Penn removed to North Carolina. Carrying with him a high legal reputation he soon obtained a lucrative practice. He had partic.i.p.ated largely in the patriotic feelings that were spreading over the Colonies like an autumn fire on a prairie. He had fully imbibed the principles of his venerable preceptor who was one of the boldest of the bold Virginians in the vindication of chartered rights and was a member of the general Congress of 1774. The liberal views and splendid talents of Mr. Penn were soon appreciated by his new acquaintances. On the 8th of September 1775 he was appointed to the Continental Congress and repaired to the post of duty and honor the ensuing month. He became an active and prominent member of that venerated a.s.sembly of sages whose wisdom, sagacity and intelligence emblazoned the historic page with a new and more brilliant l.u.s.tre. He served on numerous committees and acquitted himself with great credit in the discharge of every duty that devolved upon him. In the committee room, in the House, among the people--in every situation in which he moved he made the cause of liberty his primary business. So highly were his services appreciated by his const.i.tuents that they continued him in Congress until the acc.u.mulating dangers that were threatening his own state induced him to decline a re-election in 1779. He was an early and warm supporter of the Declaration of Independence. When the joyful day arrived to take the final question he most cheerfully and boldly sustained it by his vote and signature--enrolling his name with the brightest constellation of ill.u.s.trious statesmen that ever illuminated a legislative chamber.

South Carolina had been devastated by Lord Cornwallis who was preparing to carry destruction to North Carolina. Emissaries from the British were already within its precincts to prepare the way for the triumphant entry of the cruel foe. Already had the friends of royal power received instructions to seize the most prominent whigs and the military stores with an a.s.surance of immediate support. The cruelties that had been practised in South Carolina carried terror to all but hearts of oak.

The sacrifice of Col. Hayne at Charleston in that state, will give the reader a faint idea of the spirit of demoniac revenge that characterized some of the refined and christianized British officers.

When that city fell into his hands, Lord Cornwallis issued a proclamation promising all who would desist from opposing the authority of the king the most sacred protection of person and property on condition that each should sign an instrument of neutrality which obligated the signers not to take up arms against the mother country and exonerated them from serving against their own. Being a prisoner and separated from his wife and six small children then residing in the country--his lady confined with the small pox--Col. Hayne finally signed the fatal instrument with great reluctance upon the solemn a.s.surance of the highly civilized and professedly christianized English officers and James Simpson--intendant of British police, that he should never be required to bear arms in support of the crown. Like Bishop Cranmer, Col.

Hayne subscribed to that which his soul detested that he might fly to the relief of his suffering family. As in the case of Bishop Cranmer his enemies pursued him with a relentless persecution that nothing but death could allay--a persecution that would have made the untutored Indian shudder at broken faith and weep tears of blood over violated vows. It was a total disregard of law, justice and humanity.

Soon after his return to his dying wife and little ones the British called at his house and ordered him into the army of the mother country and threatened him with close confinement if he refused. In vain he referred them to the conditions upon which he so reluctantly signed the article of neutrality. In vain he claimed protection under the provincial militia law that imposed a fine when a citizen chose not to render personal service. To his relentless oppressors all was a dead letter. He pointed them to the wife of his bosom--the mother of his children--sinking under the small pox and rapidly approaching another world. Their sympathy was sealed--their compa.s.sion frozen up. In a few short hours Mrs. Hayne closed her eyes in death. She rested in peace. A different fate was in reserve for the afflicted husband. The order to enter the British army must be obeyed or immediate imprisonment would follow. By the violation of the pledges made to him on their part he correctly considered himself absolved from all obligations to the officers of the crown. He at once entered the American army, preferring death to the ranks of the invaders. A brilliant but short career in the service of his country awaited him. He was soon made a prisoner and sent to Charleston where Lord Rawdon, a general of his most _Christian_ majesty, loaded him with irons--submitted him to a mock trial--_ex parte_ in its proceedings and conclusions--based on revenge and cruelty, resolved on the speedy and ignominious death of his victim. Col. Hayne was sentenced to be hung. Amazement and dismay, indignation and surprise were strongly manifested by all cla.s.ses. A large proportion of the friends of the crown deemed the transaction a species of murder. A pet.i.tion--headed by the royal governor and numerously signed by persons of high standing who still adhered to the mother country was presented to Lord Rawdon in behalf of the unfortunate prisoner but all in vain.

"Still revenge sat brooding on his dark and sullen brow And the grim fiends of h.e.l.l urged his soul on to murder."

The ladies of Charleston--wives and daughters of royalists and whigs, then united in a pet.i.tion couched in the most moving language--praying that the life of Col. Hayne might be spared. This met with a cold reception and peremptory refusal. As a last effort to rescue their father from the gallows--his infant children, dressed in deep mourning and bathed in tears, were led before Lord Rawdon. Upon their knees, with their suffused eyes fixed upon him, they addressed the monster in a strain of heart-moving eloquence that none but infant innocents can express--none but fiends resist. "_Our mother is dead--spare! O! spare our dear father!!!_

"But still he stood unmoved, Hard as the adamantine rock, Dark as a sullen cloud before the sun."

So melting was this scene that veteran soldiers wept aloud and all were astounded at the demoniac course of the blood thirsty and relentless Rawdon. A request was then made that Col. Hayne might be permitted to die as a military officer and not hung as a felon. This was also denied.