Tarleton sent Captain David Kinlock forward to the rebel column, carrying a white flag, to demand Buford's surrender. Upon his arrival, Buford halted his march and formed a battle line while the parley took place. Tarleton greatly exaggerated the size of his force in his message—claiming he had 700 men—hoping to sway Buford's decision. The note also said, "Resistance being vain, to prevent the effusion of human blood, I make offers which can never be repeated", indicating that Tarleton would ask only once for Buford to surrender. Buford refused to surrender, responding: "I reject your proposals, and shall defend myself to the last extremity." Buford reformed his troops into a column and continued the northward march, with his baggage train near the front of the column. '' by
Joshua Reynolds Around 3:00 pm the leading edge of Tarleton's force caught up with Buford's rear guard. Forty years after the event, Robert Brownfield, a Patriot surgeon’s mate at the time, said the five dragoons of the rear guard were captured, and their leader, Captain Pearson, was "inhumanely mangled" by saber cuts, some inflicted after he had fallen. Stragglers were to form a reserve corps atop the hill. Traditional American histories say that as Tarleton's cavalry tore Buford's line to pieces, and many of the Patriots began laying down their arms and offering to surrender. According to Patriot accounts, Buford, realizing the cause was lost, dispatched a white flag—indicating a desire to stop fighting and negotiate surrender—toward Tarleton. Patriot accounts differ on who carried the white flag, when it was sent, and how its messenger was treated, but the accounts agree that the flag was effectively refused. However, Tarleton was trapped beneath his dead horse, following the mount being shot from under him during the battle. So, if sent, a flag was not received. None of the British accounts of the battle mention a flag. Fighting continued on both sides. The Moravians in Salem recorded that three soldiers who had been at the Waxhaws arrived on June 8th. They related that while men were laying down their arms in surrender, one of the men picked his gun back up and shot at Tarleton, killing his horse. They also related that the Continental regulars were held prisoners, but the militia were all released and sent home. Buford and some of his cavalry were able to escape the battlefield. According to Tarleton's report of the battle, the Patriot casualties were 113 men killed, 147 wounded and released on parole, and 2 six pounders and 26 wagons captured. The British losses were 5 killed, 12 wounded, with 11 horses killed and 19 horses wounded. Tarleton's men also captured the American baggage train and artillery. Historians in the 19th century blamed Tarleton for the massacre, but most contemporary references do not describe it as such. Tarleton, in a version published in 1787, said that the battle was a "slaughter"; he said that his horse had been shot from under him during the initial charge and his men, thinking him dead, engaged in "a vindictive asperity not easily restrained".
William Moultrie noted that the lopsided casualty count was not unusual for similar battles in which one side gained a decided advantage early in a battle. Historian Jim Piecuch argues that the battle was no more a massacre than similar events led by Patriot commanders. David Wilson, on the other hand, holds Tarleton responsible for the slaughter. He notes that it represented a loss of discipline, something for which Tarleton was accountable. He had already been reprimanded for transgressions by his men at the
Battle of Monck's Corner in April. Charles Stedman, a
aide-de-camp to Cornwallis, wrote regarding the battle at Waxhaws that "the virtue of humanity was totally forgot." ==Aftermath==