At almost the same moment, the Highlanders, whose weight, if they had joined the charge, would probably have been decisive, received an unexpected blast of musketry from their flank. Andrew Pickens and the militia had returned to the battle. The backwoodsmen blazed at the Scotsmen, the riflemen among them concentrating on the screen of the cavalrymen. The cavalry fled and McArthur’s men found themselves fighting a private war with the militia.
Astonished and appalled, Tarleton sent an officer racing to the British Legion cavalry with orders for them to form a line of battle about 400 yards away, on the left of the road. He rode frantically among his fleeing infantry, trying to rally them. His first purpose was “to protect the guns.” To lose a cannon was a major disgrace in 18th-century warfare. The artillerymen were the only part of the British center that had not succumbed to the general panic. They continued to fire their grasshoppers, while the infantry threw down their muskets or ran past them helter skelter. Part of the artillery’s tradition was an absolute refusal to surrender. They lived by the code of victory or death.
Once past the surrendering infantry, the Continentals headed for the cannon. Like robots—or very brave men—the artillerymen continued to fire until every man except one was shot down or bayonetted.
The last survivor of the other gun crew was the man who touched the match to the powder vent. A Continental called on him to surrender this tool. The artilleryman refused. As the Continental raised his bayonet to kill him, Howard came up and blocked the blow with his sword. A man that brave, the colonel said, deserved to live. The artilleryman surrendered the match to Howard.
Up and down the American line on the crest rang an ominous cry. “Give them Tarleton’s quarter.” Remembering Waxhaws, the regulars and their Virginia militia cousins were ready to massacre the surrendered British. But Daniel Morgan, the epitome of battle fury while the guns were firing, was a humane and generous man. He rode into the shouting infantrymen, ordering them to let the enemy live. Junior officers joined him in enforcing the order.
Discipline as well as mercy made the order advisable. The battle was not over. The Highlanders were still fighting fiercely against Pickens’ men. Tarleton was riding frantically toward his Legion cavalry to bring them back into the battle. But the militia riflemen were back on the field and Tarleton was their prime target. Bullets whistled around him as he rode. Several hit his horse. The animal crashed to the ground. Tarleton sprang up, his saber ready. Dr. Robert Jackson, assistant surgeon of the 71st, galloped to the distraught lieutenant colonel and offered him his horse. Tarleton refused. For a moment he seemed ready to die on the chaotic battlefield with his men. Dr. Jackson urged him again. Springing off his horse, he told Tarleton, “Your safety is of the highest importance to the army.”