When that city fell into his possession, 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, by legal construction, whilst it put its signers under an obligation not to take up arms against the mother country, exonerated them from serving against their own. Being a prisoner and separated from his wife and six small children, then residing in the country and surrounded by the small pox, Colonel Hayne, with his mind long poising on the pivot of uncertainty as to what was his duty, finally, with great reluctance, signed the fatal instrument upon the assurances and solemn promises of the English officers, and James Simpson, intendant of the British police, that he never should be required to support, with his arms, the royal government. Colonel Hayne, like Bishop Cranmer, subscribed to that which his soul abhorred and detested, that he might be permitted to fly to the relief of his suffering family. And, as in the case of Cranmer, his enemies persecuted him the more, and never gave him any peace until their vengeance was wreaked upon him by inflicting an ignominious death, in violation of all law, justice and humanity. Soon after his return to his wife and children, he was called upon by the British to take up arms against his country and kindred, and threatened with close confinement in case he refused to comply with the order. 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 militia law that imposed a fine where a citizen chose not to render personal service. To his relentless oppressors, all was a dead letter. He then pointed them to the partner of his bosom, the mother of his children, sinking under the small pox, and fast approaching the confines of eternity. In vain he endeavoured to excite their sympathy or move their compassion. In a few short hours, Mrs. Hayne took her departure to “that country from whose bourne no traveller returns,” “where the wicked cease from troubling and the weary are at rest.” Upon her own couch, peaceful and serene, she closed her eyes in death. A different fate was in reserve for Colonel Hayne. His foes still pursued him, and by their own breach of good faith, and of the contract of neutrality before entered into, absolved him from its obligations. It was no longer binding upon him, and he again entered the continental army, preferring death rather than enter the ranks of the invaders of his country. A short but brilliant career awaited him. He was soon made prisoner, and was sent to Charleston, where Lord Rawdon loaded him with irons, submitted him to a mock trial, exparte in its proceedings and determinations, based upon revenge and cruelty, resolved on the death of his victim, and that without delay.