USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III > Part 90
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9th. In the morning they passed the garrison of Cœur de Lac, and waited for some considerable time, a small distance below it. Squire Campbell, who had the charge of the prisoners, when he heard of Benjamin Gil- bert's decease, sent Jesse to the commandant of this garrison to get a coffin, in which they put the corpse, and very hastily interred him under an oak not far from the fort. The boat-men would not allow his widow to pay the last tribute to his memory, but regardless of her affliction, refused to wait; her distress on this occasion was great indeed, but being sensible that it was her du- ty to submit to the dispensations of an over-ruling Prov- idence, which are all ordered in wisdom, she endeavor- ed to support herself under her afflictions, and proceed- ed with the boat-men.
Near this place they passed by a grist-mill, which is maintained by a stone wing extended into the river St. Lawrence, the stream being very rapid, acquires a force sufficient to turn the wheel, without the further expense of a dam.
The current carried their boat forwards with amazing rapidity, and the falls became so dangerous that the Boats could proceed no further; they therefore landed in the evening, and went to the commanding officer of Fort Lasheen to request a lodging, but the houses in the garrison were so crowded, that it was with difficul- ty they obtained a small room belonging to the boat- builders to retire to, and here they stowed themselves with ten others.
10th. The garrison of Lasheen is on the isle of Jefu, on which the town of Montreal stands, about the dis- tance of nine miles; hither our travellers had to go by land, and as they were entirely unacquainted with the road, they took the advantage of an empty cart (which was going to the town) for the women to ride in.
5th. On 2d-day following, they left Carlton island, which lies at the mouth of Lake Ontario, and took their passage The land in this neighborhood is very stony, and the soil thin; the cattle small, and ill-favored. in open boats down the river St. Lawrence, and passed a number of small islands. There is a rapid descent in When they arrived at Montreal, they were introduced the waters of this river, which appears dangerous to ! to Brigadier General M'Clean, who after examining
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REVOLUTIONARY LETTERS AND PAPERS.
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them, sent them to one Duquesne, an officer amongst the loyalists, who being from home, they were desired to wait in the yard until he came; this want of polite- ness, gave them no favorable impressions of the master of the house; when he returned, he read their pass, and gave Jesse an order for three days provisions.
Daniel M'Ulphin received them into his house; by him they were treated with great kindness, and the women continued at his house and worked five weeks for him.
Jesse Gilbert met with employ . at Thomas Busby's, where he lived very agreeably for the space of nine months.
Elizabeth Gilbert had the satisfaction of an easy em- ploy at Adam Scott's, merchant, having the superinten- cence of his kitchen, but about six weeks after she en- gaged in his service, Jesse's wife Sarah, was taken sick at Thomas Busby's, which made it necessary for her mother to disengage herself from the place where she was so agreeably situated, in order to nurse her. These three were favored to be considered as the King's Pris- oners, having rations allowed them; this assistance was very comfortable, but Elizabeth's name being erased out of the list at a time when they needed an additional supply, they were much straightened. Upon an appli- cation to one Col. Campbell, he, together with Esquire Campbell, took down a short account of her sufferings and situation, and after preparing a concise narrative, they applied to the Brigadier General, to forward it to General Haldimand at Quebec, desiring his attention to the sufferers, who speedily issued his orders, that the re- leasement of the family should be procured, with partic- ular injunctions for every garrison to furnish them with necessaries as they came down.
As soon as Sarah Gilbert recovered from her indispo- sition, her mother returned to Adam Scott's family.
Thomas Gomersom hearing of their situation, came to see them; he was educated a Quaker, and had been a merchant of New-York, and travelled with Robert Wal- ker in his religious visits; but upon the commencement of the war, had deviated from his former principles, and had lost all the appearance of a Friend, wearing a sword. He behaved with respect to the prisoners, and made Elizabeth a present.
The particular attention of Col. Closs, and the care he shewed by writing to Niagara, on behalf of the captives, as he was entirely a stranger to her, is remembered with gratitude.
As there was an opportunity of hearing from Niagara, it gave them great pleasure to be informed that Eliza- beth Gilbert was amongst the white people, she hav- ing obtained her release from the Indians prior to the others.
Sarah Gilbert, wife of Jesse, becoming a mother, Elizabeth left the service she was engaged in, Jesse having taken a house, that she might give her daughter every necessary attendance; and in order to make their situation as comfortable as possible, they took a child to nurse, which added a little to their income. After this, Elizabeth Gilbert hired herself to iron a day for Adam Scott; whilst she was at her work, a little girl belonging to the house, acquainted her that there were some who wanted to see her, and upon entering into the room, she found six of her children; the joy and surprise she felt on this occasion were beyond what we shall attempt to describe. A messenger was sent to inform Jesse and his wife, that Joseplı Gilbert, Benjamin Peart, Elizabeth his wife, and young child, Abner and Elizabeth Gilbert. the younger, were with their mother. It must afford very pleasing reflections to any affectionate disposition, to dwell awhile on this scene, that after a captivity of up- wards of 14 months, so happy a meeting should take place.
Thomas Peart who had obtained his liberty, and tar- ried at Niagara, that he might be of service to the two yet remaining in captivity, viz. Benjamin Gilbert, jun. and Rebecca Gilbert.
Abigail Dodson, the daughter of a neighbouring far. ¿
mer, who was taken with them, inadvertently informed the Indians she was not of the Gilbert family, all at- tempts for her liberty were fruitless. (To be continued. )
REVOLUTIONARY LETTERS AND PAPERS. ( Continued from page 308. )
GEN. LACEY TO COUNCIL.
Camp, March 20, 1778.
SIR-I wrote to you from from the Billet, on the 4th inst. wherein I gave you an account of some things on which I was very anxious to hear your advice; but as no answer has come to me, I conclude that my letter has miscarried. The times of the Cumberland county mili- tia have expired; and those of the greater part of the York county militia will be up in a few days-which will leave me again in a manner almost helpless. I shall have but one battalion, from Northampton, to depend upon. Pray consider me; and if thought proper, let me have some more men, or it will be out of my power to hold my own with them, These three weeks past, we have been such a terror to the enemy's Light Horse, that they have not dared to shew their heads without their lines. My party was so small that I could not divide them, to station parties on the different roads; but fixed my plan to move every two or three days, which baffled both the enemy and the inhabitants. One night I would move within six or seven miles of the enemy's lines, and the next night be ten miles on the other quarter. I could wish the Council would permit me to raise a troop of militia Light Horse during the campaign, which I could very easily do. Calling them for two months will not answer so good a purpose as to have them engaged for a season.
I am, with respect, &c.
J. LACEY. To the President of Council.
GEN. LACEY TO COUNCIL. Camp, Bucks county, March 26, 1778.
SIR-Your favour of the 12th inst. has just come to hand. I have made every disposition to cover the coun- try from the cruel ravages of the British mercenaries, which my numbers would admit of; and I have to flat- ter myself that my efforts have been attended with tol- erable success-especially with regard to stopping their small parties from ransacking the country. But to stop the intercourse and marketing, is impossible, with the numbers which I have.
I wish Council would consider those infamous wretch- es which my parties take going to the enemy with mar- keting; and appoint some way for their trial.
Enclosed is a return of my Brigade; by which you will perceive that my scouts cannot be very strong. I beg Council will consider me. His Excellency Gen. Washington informed me in one of his letters that Gen. Armstrong promised him one thousand militia should be kept up on this side the Schuylkill by the state of Pennsylvania.
I remain with respect, &c. J. LACEY.
To the President of Council.
IN COUNCIL. Lancaster, March 27th, 1778.
SIR-Enclosed is a copy of what I wrote to you on the 12th inst. The difficulty of procuring the evidence against such persons as may be taken going with provi- sions to the enemy, necessary to convict them, at a dis- tance so great from the place of action as this borough is, and many other weighty reasons, make it appear to be best to try them in the usual military way, at camp.
Two classes are ordered from the militia of Cumber- land county, one from Philadelphia county,and one from York county is more forward.
As to the raising of a troop of militia horse for the
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campaign, they are not requested by Congress; but on the contrary, measures are taking for recruiting the horse in regular service-and Congress have expressed their sentiments, by the resolve enclosed, of the service of militia horse: and there are not arms in the power of Council fit for such service. We therefore cannot think it expedient to go into it upon any other principles than those recommended by Congress.
It will be wholly fruitless to inquire after stolen hor- ses, unless they are described very particularly; and then, perhaps, advertisements sent timely may be most successful.
I am, sir, with much respect, Your very humble servant, THOS. WHARTON, Jr. Pres't. To Brigadier General 2 JOHN LACEY, Jr. Esq. S
GEN. LACEY TO GEN. WASHINGTON. Bucks, March 29th, 1778.
SIR-I had the pleasure to be with Gen. M'Intosh on the 23d inst. at the Spring House tavern, in Philadel- phia county; when the General, several Field officers, and myself, were of the opinion that if the inhabitants who live near the enemy's lines, or between ours and them, on this side the Schuylkill, were to move back in- to the country, it would be of the utmost utility to the public cause. Gen M'Intosh was on his return to camp, to lay the proposal before your Excellency, and send me word, if approved of. Such a plan would not only stop all communication with the enemy, but would deprive them of every kind of supply from the country; which the most indefatigable exertions of parties cannot pre- vent. Every kind of villainy is carried on by the peo- ple near the enemy's lines; and from their general con- duct I am induced to believe but few real friends to A- merica are left within ten miles of Philadelphia. Those who have appeared the least active, have either been made prisoners by the enemy, or compelled to fly to some other part of the country, for safety. I have a number of notorious offenders now confined, who were taken by my parties, going to market.
I have written to the President and Council of this state, concerning those people who are found trading with the enemy, and that your Excellency was desirou s the state would adopt some plan to bring the traitors to justice. The President advises me to keep them safely confined-that the Chief Judge was then in Lancaster, with whom he would confer on the subject, and let me know in his next what would be done.
In order to know the people's minds with respect to moving, I sent down word by my parties, (after I left General M'Intosh,) that all the inhabitants within fifteen miles of Philadelphia were desired to move back into the country by the first of April. Yesterday R. V. and Mr. P., said to be deputed by a meeting of the inlabi- tants, waited upon me to know my reasons for ordering them to quit their habitations. They complained heavi- ly-that to move was impracticable, cruel and distres- sing, and would be attended by every evil. They assu- red me that teams and carriages could not be procured in all that country, sufficient to remove one third of the inhabitants and their effects. They were very desirous they might be indulged to remain on their farms. They say they are willing to submit, and to bear, patiently, every insult they may meet with from the armies; and all they ask is to remain on their possessions. I promi- sed them I would write to your Excellency, and as soon as I received an answer would inform them what was de- termined on.
Last Thursday, between four and five o'clock in the afternoon, two of my militia light horse went within the enemy's picquets, between Frankford and Philadelphia, took five of their refugees prisoners and brought them off. I am, with respect,
Your Excellency's most obdt. &c.
J. LACEY.
GEN. WASHINGTON TO GEN. LACEY. Head Quarters, 31st March, 1778.
SIR-I have received your letter of the 29th, and in answer to your plan of removing all the inhabitants in the vicinity of the enemy's lines, with a view of stopping the communication between the city and country, have to observe, that the measure is rather desirable than practicable. If it could be carried into execution, it would undoubtedly put an end to the pernicious illicit commerce which at. present subsists; but the difficulties attending the removal of so many inhabitants with their efects, may be regarded as insurmountable: and at the same time, the horror of depopulating a whole district, however little consideration the majority of the persons concerned may deserve from us, would forbid the mea- sure.
With respect to the culprits whom you have in con- finement, if any of them are notorious characters, and have capitally offended, you will have them tried by a Court Martial, and transmit the sentences to me for con- firmation. I am, sir, Your most obdt. servt. GO: WASHINGTON.
Brigadier General LACEY.
GEN. WASHINGTON TO GEN. LACEY. Head Quarters, Valley Forge, 4th April, 1778.
Sir, Commissioners from me are to meet others from General Howe on Monday next, at Newtown, to settlæ cartel for a general exchange of prisoners. During the sitting of the commissioners, none of our parties are to enter the town; and you are therefore to give immediate notice to all the officers under your command, to pay strict obedience to this order. The British Commis- sioners will probably come part of the way on Sunday -they will be attended by an escort of horses; and care must be taken not to offer the least insult to their Flag. I am Sir, Yr. most obed't Serv't. GO. WASHINGTON.
To Brig. Gen. LACEY, 2
Bucks Company.
S
P.S. If you fall in with any of the continential parties, communicate the above to them.
GEN. LACEY TO GEN. WASHINGTON.
Doylstown, April 9th 1778.
Sir, About two o'clock in the morning of the 8th inst. Captain Humphreys, with a small party of continental troops, was surprised at Smithfield, by a body of the enemy, supposed to be 300, the greatest part of which were refugees and new levies. Captain Humphreys narrowly escaped out of a house where he was lodging -got part of his men out of another house, by the back way, just as the enemy entered at the front, leaving their arms behind them. He ran to another little party he had at some distance, had them paraded to the num- ber of about twelve men; and from this party he kept up such a warm fire as obliged the enemy to leave the houses and retire. The Captain's loss was one man killed, two wounded, and one officer taken prisoner .- The loss of the enemy is not known; but from the blood found in the road next morning, it must have been con- siderable.
The same morning, about 10 o'clock, a scouting par- ty of militia fell in with a body of the enemy, near Doc- tor Benneville's, on the York road; by which five of the militia were killed, and two badly wounded. One of the latter is made prisoner.
Enclosed is a return of the militia under my com- mand, the body of which lays at the Billet; and also the proceedings of a general Court Martial, which is now sitting at this place. Two of the persons who have been tried, J- M'-, and J- W-, are notorious offenders, who it appears have made a constant practice of trading to Philadelphia. I am, with respect,&c.
His Ex. Gen. WASHINGTON.
J. LACEY.
His Ex. Gen. WASHINGTON.
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LAW CASE.
[MAY
GEN. WASHINGTON TO GEN. L.ACEY. Head Quarters, Valley Forge, MIpril 11, 1778.
SIR-I received your's of yesterday enclosing the proceedings of a Court Martial against sundry inhabi- tants for supplying the enemy with provision; and a re- turn of your Brigade. When you have gone through the trials of the whole, I would recommend it to you to send such as you think dangerous, and who would join the enemy, if released, to the President, with a desire to confine them, or put them to labour for five or six months; which will be the active part of the campaign. 'Those whose general character has been good, I would have released, with an assurance of being hanged if they are taken in such practices again: and perhaps it would be well to remit the corporal punishment of all, espe- cially if they are people who have any reputable friends in the country. You will observe that the resolve of Congress for trying inhabitants by Law Martial expired yesterday; and therefore it will be needless to appre- hend any more. If they are found going into Philadel- phia with provision, you may take that, and their hor- ses, from them.
I am, sir, Your most obdt. servt. GO. WASHINGTON. Brig. Gen. LACEY.
GEN. LACNY TO GEN. WASHINGTON. Doylestown, April 12th, 1778.
SIR-I received your Excellency's favor, of yester- day's date, last evening. As several of the prisoners who have been tried live in the vicinity of Philadelphia, and from their general character there is not the least hope or encouragement to believe they will refrain from their evil ways-and as I cannot learn that their friends or connections are more reputable than themselves, un- less they are with the enemy, I will remit their corpo- ral punishment, and send them to Lancaster, to labor.
Enclosed is the trial of one J- B-, an inhabi- tant of Smithfield, Philadelphia county, whom the Court have condemned to be hanged. This man, from every thing I can learn, has been a very great villain. He joined the enemy just after they came to the city; and has been with them ever since. He has frequently been out with their parties; and I am told is universally ha- ted by the inhabitants where he used to live. I cannot learn that he has any friends of reputation; nor even one man to speak a good word for liim. I sent my horse all through his neighborhood, to let his friends, or any oth- er person who knew any thing of him, know that his trial was coming on, and that if they had any thing to offer in his favor, they were to come and make it known to the Court-but no person came near him to offer the least thing in his favor. I also sent word lower down the country for some evidences against him, who were on their way up, when a party of the enemy came out, took one of my horsemen, and deterred the evidences from coming.
I am fully persuaded, from every information relative to the prisoner's former character, and his present trai- torous conduct, that he is a very proper person to make an example of. I therefore submit him to your Excel- lency's better judgment, and remain with the greatest respect, Your Excellency's most obdt. humble servt. J. LACEY.
His Ex. Gen. WASHINGTON.
LAW CASE.
A novel and interesting case, explanatory of the law of of Master and Apprentice; reported for the Journal of the Franklin Institute.
The commonwealth of Pennsylvania, at the relation of Henry Taylor, an infant, who sued by Gasway Oram, his guardian, vs. Gurdon Lceds.
judges of the Supreme Court of Pennsylvania. Gurdon Leeds returned, that he held the relator by virtue of a certain indenture of apprenticeship, by which it ap- peared that the said Henry Taylor, aged 15 years on the 4th day of July, 1825, with the consent of his sister, Margaret Leeds, [who was the wife of Gurdon Leeds, ] acting as his next friend, [his parents being dead, ] had put himself apprentice to the said Gurdon, to learn the trade of a cabinet maker: to serve 5 years 6 months and 24 days; during which time the master was to find him in boarding, lodging, and washing, and give him one quarter night schooling, and when free, one new suit of clothes.
P. A. Browne, who volunteered his services for the relator on account of his being an orphan and poor, con- tended that he was entitled to his discharge. At com- mon law, said Mr. Browne, the deed of an infant was absolutely void. Even an indenture of apprenticeship, entered into for his instruction and benefit, was not binding. 2nd. Inst. 379. 3 Leon. 637, Mod. 15; but the act of assembly of the 29th of September, 1770, de- clares, that "all and every person and persons that shall be bound by indenture to serve as an apprentice in any art, mystery, occupation, or labor, with the assent of his or her parent, guardian, or next friend, or with the assent of the overseers of the poor and approbation of any two justices, although such persons, or any of them, were or shall be within the age of 21 years at the time of making their several indentures, shall be bound to serve," &c., and the first question then was, whether it had been competent for the sister, being the wife of the master, to assent as next friend of the infant. He did not object to her on account of her relationship of sister; on the con- trary, he admitted that where the parents were decea- sed, a sister might act as next friend. Nor, upon this view of the case, did he found his objection to the as- sent merely upon the ground of her being a married wo- man, for, according to the case of Commonwealth v. Eg- lee, 6 Sergt. and Rawle, 350, a feme covert may, in some cases, act in that capacity; but he contended that Mrs. Leeds could not, as next friend to her brother, assent to a binding to her husband. It furnished, he said, one of those glaring cases of conflicting interests, where the policy of the law obeyed the precept of religion, "lead us not into temptation." The obvious duty of a next friend in binding an apprentice is, to procure the best terms for the infant; but how could the wife be expec- ted to execute the office with fidel ty, under the power- ful attractions of not only her duty to her husband, but of her own interest. And he considered it not unwor- thy of observation, that in this indenture binding Henry Taylor to serve for a very long period, he was to receive only one quarter's night schooling.
As a further proof that the situations were incompati- ble, he urged that the duty of a next friend was to watch over the master, and even over the mistress, [for much. of the apprentice's comfort or suffering depends upon the female part of the family, ] and see that they per- formed their covenants to the apprentice during his servitude. But, said Mr. Browne, how can this lady be called upon to watch over her husband? How can she be called upon to watch over herself? Mr. Browne contended that this indenture was void, not only upon principle, but upon authority. In the case of Common- wealth v. Kending, 1 Sergeant and Rawle, 366, an at- tempt was made to support an indenture upon the as- sent of one of these nominal next friends, but the court rejected it. There, Cyrus Pearce, who held the infant under an indenture, acted as next friend in binding her by a second one to J. H. Baker: and C. J. Tilghman, in delivering the opinion of the court, observed, that "he thought it would be of dangerous consequence to admit, that a man who was about to sell his apprentice, should take the place of next friend, because he must be suppo- sed to be acting for his own interest, which is incompati- ble with the idea of guardian." So here, Mrs. Leeds was
Habeas corpus ad subjiciendum, awarded by the Hon. J. Huston, returnable beforc himself and the rest of the | acting for her own interest in making unfavorable terms
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for the infant; for the interest of her husband was, by the laws of God and man, identified with her own.
He would also remark, that the chief justice considered the acting of next friend tantamount to taking upon herself the guardianship; and according to Osborne's case, Plowden 293, when a woman. guardian, marries, the husband partakes in the prerogative, so that the as- sent here given was, in law, that of Gurdon Leeds to a binding to himself, which was clearly illegal and void.
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