USA > Virginia > Exiles in Virginia : with observations on the conduct of the Society of Friends during the revolutionary war ; comprising the official papers of the government relating to that period. 1777-1778 > Part 10
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That the evil and destructive spirit of pride, ambition, and arbitrary power, with which you have been actuated, may cease and be no more ; and that peace on earth, and good will to men, may happily take the place thereof, in your and all men's minds, is the sincere desire of your oppressed and injured fellow-citizens.
Israel Pemberton,
Thomas Gilpin,
John Pemberton,
Thomas Wharton,
Charles Jervis, Phineas Bond,
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SENT TO VIRGINIA.
Edward Pennington,
James Pemberton,
Thomas Coombe,
Thomas Affleck,
Henry Drinker,
William Druit Smith,
Thomas Fisher,
Thomas Pike,
John Hunt,
William Smith, (broker,)
Samuel Pleasants,
Elijah Brown,
Samuel R. Fisher,
Charles Eddy,
Owen Jones, Jr.,
Miers Fisher.
Philadelphia, Masons' Lodge,
9th September, 1777, 10 o'clock, P. M.
Philadelphia, 10th of 9th month, 1777.
The remonstrance and protest were this morning delivered, and that, together with the resolves of the Council for our removal, being printed in a handbill, by Joseph Cruikshank, was distributed through the city about twelve o'clock.
A proposition of great importance being made by one of our company (Miers Fisher), the same was taken into serious con- sideration, and after a considerable time spent thereon, and much condescension prevailing, the question was put to each, and it appeared that several of our number were free to make further essay for our enlargement, by applying for writs of habeas corpus, it appeared that such as were inclined to do it should be left at liberty.
A number of questions being agreed on, were delivered to Lewis Nicola in writing, which he laid before Council, and on his return, he delivered us their verbal answers, which were taken down, being as follows :
The prisoners confined in the Masons' Lodge, having seen orders, about 8 o'clock last night, 9th inst., to Lewis Nicola, dated September 9th, 1777, which was the notice of the time prepared for our removal-
They ask him, or the President and Council, through him.
1st. How are we to be sent into banishment? If in car- riages what sort, and how many ?
1st. In six light wagons.
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EXILES FROM PENNSYLVANIA.
2d. Are we to be furnished with baggage-wagons? And how many ?
2d. With two.
3d. What provisions and stores are provided for so long a journey ?
3d. No provision is made but such as the road will supply you with.
4th. What number of beds and bedding ?
4th. The taverns on the road will supply you.
5th. Who is to pay our travelling expenses, and for our sup- port during our absence from our families and business ?
5th. Council will pay your expenses on the road, and Con- gress will be applied to, to take into consideration your support during your absence.
6th. Are not such of us whose families and affairs require their presence and assistance preparatory to their leaving home, at liberty to repair there, and to have the necessary communi- cation with their friends by letter, during our absence ?
6th. The first part left to his discretion, and he grants it. The correspondence allowed by open letters, through the hands of the Continental Secretary of War.
7th. To whose custody are we to be committed when there ? and will they have authority to suffer us, or one or more of us to visit our families on a promise to return, in case urgent cir- cumstances require it ?
7th. To the Governor of Virginia, who will have some in- structions about you.
8th. And are we not to have a certified copy of our commit- ment to that country, and of the orders accompanying it, that we may know in what light we are represented, and in what manner we are to be treated ?
8th. Council apprehend that Congress will give the escort proper instructions in the matter.
9th. Are we to have it in our power to apply to the officers of any government in which we may be, for the redress of any grievance we may labour under ?
9th. Granted.
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James Budden to command the escort.
Council persists in their determination of your going to-day.
Lewis Nicola informed us he would call on us at five o'clock, as he was in expectation of the carriages, &c., being ready by that time ; before this he had sent a message informing us that our removal was to be deferred till to-morrow.
We acquainted him that two baggage-wagons would by no means be sufficient, that four at least would be necessary, and he promised to write a letter to the Secretary on the subject.
The address " To the Inhabitants" being printed, together with the several " Remonstrances, &c.," in a pamphlet, some of them were brought here about four o'clock, and were dis- tributed.
Our friends, John Reynells and Owen Jones, were requested to call on Benjamin Towne, and acquaint him that as he had published the resolves of the President and Council, respecting our removal, we desired that he would publish our remonstrance and protest, and they were also requested to apply to Hall and Sellers, and to William Bradford, on the same account.
Apprehending it necessary to know the names of the Council, we applied to Lewis Nicola for a list, which he said he would not give us, as he knew very few of them. We however pro- cured the following from a friend, but he could not assure us it was complete.
Thomas Wharton, Jr.,
President of the Council of Pennsylvania.
George Bryan,
Jonathan Hodge,
Vice-President. Council.
John Evans, John Proctor,
Council.
James Edgar,
Jacob Morgan, John Hambright,
9
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EXILES FROM PENNSYLVANIA.
Joseph Hart, Thoma's Urie, John Bayley, Thomas Scott, Timothy Matlack, Secretary.
This afternoon and evening, divers of our company went home to see their families, and settle their affairs ; and Thomas Coombe returning, acquainted us he had given a parole, which was very unexpected to us, after the repeated declarations he had made, and his conduct during his confinement.
Philadelphia, 11th of 9th month, 1777 .- Owen Jones reported that he had seen Benjamin Towne, who informed him the press had been set for our first joint remonstrance ; that a person had applied to put an anonymous piece into his paper against us, but as he would neither give his name up or sign it, he took out the remonstrance, and published neither. That he was in great perplexity about these papers, when a piece was sent him by the Congress, containing minutes and resolves respecting us, which he published. That in regard to the present application he begged to be excused, as he had been divers times threatened on account of his publications, and he had reason to apprehend he would be taken up as a person suspected of being disaffected to the present measures, and his press stopped if he complied with our request.
About nine o'clock, Lewis Nicola informed us he had orders to call on Samuel Caldwell and Alexander Nesbitt, (James Budden being out of town, by report, designedly,) two of the troop of Light Horse, and as many of the City Guards as he might think sufficient, who were to conduct us to Reading, and there deliver us to some persons, whose names he could not tell, but orders would go with us ; that he could not get ready till this afternoon, and proposed three o'clock. He read part of a letter signed Thomas Wharton, jun., containing his orders, of which he promised us a copy. We desired that the officer who was to command the party, should call and acquaint us
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what orders he had respecting us ; and we urged the necessity of an additional number of baggage-wagons, which he promised to procure.
Owen Jones reported that William Sellers said he would consult a friend whom he usually advises with, about printing our Remonstrance and Protest, and would be determined by his advice, and that William Bradford promised to publish it in his next paper.
Such of our number who had agreed to apply for writs of habeas corpus, had a meeting together, when they were drawn up and sent off by Levi Hollingsworth and Benjamin Bryan, to Thomas M'Kean and John Evans, lately appointed in the cha- racters of Justices of the Supreme Court of the present system of government. The writs applied for, being nine in number, were for
Israel Pemberton, William Drewet Smith,
James Pemberton,
Thomas Gilpin,
Samuel Pleasants,
Charles Eddy,
Thomas Affleck,
Charles Jervis.
Thomas Pike,
The committee appointed to draw up a remonstrance to Congress, in answer to their publications against us, represented that, as we were likely to be hurried away by the Council, not- withstanding they had referred our business to Congress, they had thought it best to address the papers to the people, and laid before us an essay they had prepared, which was read, but not having time to correct it for the press, we delivered it to our friend, Owen Jones, desiring him, in conjunction with some other friends, to revise and correct it, and if they thought pro- per to publish it in our names, or make such other use of it as. they might think expedient.
Sundry wagons, for our removal, were driven into Lodge- Alley, about three o'clock in the afternoon, attended with a military guard ; soon after, Lewis Nicola came and gave us:
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a copy of a letter from Thomas Wharton, jun., to him, direct- ing the manner of our removal to be as follows :
"IN COUNCIL.
" Philadelphia, September 10th, 1777. ' SIR,-
" The gentlemen of the Light Horse have made earnest application to be allowed to join General Washington, and to be released from the journey to Virginia. Their request is laudable, but it comes inconveniently, and makes some new provision needful for escorting the prisoners at the Lodge. At present it is proposed to entrust the direction of this business to two gentlemen of the troop and a competent number of your City Guards, mounted on horseback, as far as Reading. Your sentiments on this scheme, if you see any difficulty, are re- quired. It is hoped that the number necessary will be small ; this will perhaps be better seen after the journey has been en- tered a few miles.
" I am, sir, your very humble servant, " THOMAS WHARTON, jun, " President.
" To Colonel Nicola."
Alexander Nesbitt and Samuel Caldwell attended, of whom we demanded a copy of their instructions respecting us, which they refused, and would not even read them to us, as a matter of right. After much altercation, Samuel Caldwell read them, as he informed us, though it appeared afterward he kept back a ·material part.
As they refused us a copy of these instructions, and insisted on our immediate removal, notwithstanding we informed them that writs of habeas corpus were sent for, it was thought ne- cessary to make a protest against their proceedings, before some of our friends, which was done accordingly, and com- mitted to writing in the presence of Owen Jones, Isaac Wharton,
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JOURNEY TO VIRGINIA.
John Reynells, Dr. Hutchinson, John Brown, and Joseph Bring- hurst.
(For the protest under date of 9th September, 1777, see page 113.)
Phineas Bond having had thoughts of giving his parole, if the terms he proposed were admitted, applied for that purpose, but being disappointed, returned and informed us he was de- termined to go with us rather than comply by signing the parole offered him ; but his name being struck off the list read to us, Lewis Nicola refused sending him with our company, and he informed him he was to remain in his custody.
JOURNEY TO VIRGINIA.
9th month, 11th .- About five o'clock we were compelled, some by actual force, and some by force being admitted, to take seats in a number of wagons, and were driven through the city, to the Falls of Schuylkill-a spectacle to the people.
Thus, by the bold attempt of a set of men who had thrust themselves into power, there was accomplished an affair, which has no parallel in history. A people who had professedly risen up in opposition to what they called an arbitrary exercise of power, were in a little time so lost to every idea of liberty, as to see, without dreading the consequences, the very foundation of freedom torn up. And men were found who would under- take the execution of the mandates of Council without inquiring into the justice of them.
This, however, is not an imputation upon all the citizens of Philadelphia ; for, from the first of our imprisonment, a great number of them of most denominations, publicly expressed their abhorrence of the measures taken against us; and during our confinement we were every day visited by the most respectable characters of the community. On the day of our removal, not
1
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only the house in which we were confined, but the streets lead- ing to it, were crowded by men, women, and children, who by their countenances, sufficiently though silently expressed the grief they felt on the occasion.
We reached Palmer's tavern some time after dark. The house not affording room or convenience to lodge us, leave was given us to go with some of our friends in the neighbourhood, several of whom attended to invite us, John Vanderin, Joseph Warner, and Dr. William Smith, who entertained us with kindness and hospitality.
12th of 9th month .- We collected at Palmer's tavern, and set out between 8 and 9 o'clock, and reached the Black Horse, Hamilton's tavern, about 15 miles from Philadelphia, about 10 o'clock, and went about three miles further, to Archibald Thompson's. Our friends, John Parrish and John Foreman, who accompanied us from town, took an affectionate leave of us. We stopped about sunset at the Widow Lloyd's tavern, about thirty miles from Philadelphia, but as we could not be accom- modated there, we went on to Pottsgrove, which we reached between seven and eight o'clock, thirty-seven miles from Phila- delphia. Several of our kind friends came to the tavern and invited us to their houses. As soon as we arranged we went with them and lodged at the houses of the Widow Potts, Samuel Potts, John Potts, David Potts, and Thomas Rutter, agreeing to meet our guards at the tavern, about eight o'clock next morning.
13th of 9th month .- We met according to appointment, and as part of our baggage was left behind, we urged the necessity of staying here till it came up ; being advised that several of our friends in Philadelphia were using endeavours to forward it. Some of our company not having a second shirt, or their warm clothing, we remonstrated about being sent away with- out it, and our escort agreed we should remain at Pottsgrove till to-morrow at seven o'clock.
We discovered to-day that William Antis, who holds the ap- pointment of sub-lieutenant of the county, had been sent to, for
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assistance, and we had reason to believe our detention here had been misrepresented to him, as well as a message sent by Peter De Haven to Reading. About three o'clock William Antis came to us, there having come near twenty armed men by his order, before that time. He urged the necessity of our going off, although before we could have got ready it would have been very late, and obliged us to ride most of the way in the night, in great danger of our lives, from the extreme badness of the roads ; and it was with difficulty he was prevailed on to permit our staying till morning.
Here it is proper to remark that in our conference with S. Caldwell and A. Nesbitt, at twelve o'clock, the former of his own accord fully confirmed, as we had before stated, that he had further orders concerning us, as he then read instructions from the Board of War, signed by Richard Peters, directed to be handed by them to the several lieutenants of the counties through which we should pass on our way to Virginia, a copy of which was refused us ; but it was afterwards obtained and will appear.
Pottsgrove, 14th day of 9th month, 1777 .- This morning Levi Hollingsworth and Benjamin Bryant arrived with the writs of habeas corpus, for nine of our number, allowed by Thomas M'Kean, Chief Justice, which were regularly served on Samuel Caldwell and Alexander Nesbitt, who refused to obey them.
Those among us who had not been included in the above writs, now agreed to send them forward for acceptance, which was accordingly done by Benjamin Bryant, and it since appears that Nathaniel Walker agreed to accompany him. The names of those persons now applying are as follows :
John Hunt,
Elijah Brown,
Edward Pennington,
Miers Fisher,
William Smith, (broker,)
Henry Drinker,
Thomas Fisher,
Owen Jones, Jr.,
John Pemberton,
Samuel Rowland Fisher.
Thomas Wharton,
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About nine o'clock we took leave of our kind friends at Pottsgrove, who had treated us with an extraordinary degree of hospitality, and expressed much sympathy for us, and a high approbation of our conduct. We passed through Bishop's Town, and arrived at Reading about two o'clock.
On going through the town there appeared to be much enmity among the people, and some stones were thrown at us. This disposition was probably raised by a letter written by Samuel Caldwell to Jacob Morgan, called lieutenant of Bucks County, in which we were informed by Daniel Levan, he represented we had refused to leave Pottsgrove, and were endeavouring to procure ourselves to be rescued, which they said was the cause of the armed men going to Pottsgrove to assist our guards in compelling us to come forward.
On our getting into the Widow Withington's, a house pro- vided for us, we found ourselves made close prisoners. Guards were put round the house, and the face of every thing much changed. Our friends, Isaac Zane and James Starr, coming to the door to speak to us, were violently pulled away, struck, and stoned, the former of whom was considerably bruised and hurt.
Our friends were kept from us. Samuel Morris, who kindly sent us a dinner and some wine, soon after our arrival, being the only person admitted ; for it did not appear any provision had been made for us. In the evening we were informed that our friends could freely see us to-morrow. About five o'clock we sat down together in retirement, and thought a cloud seemed to hang over us, yet some comfort and consolation was in mercy extended.
Reading, 15th of 9th month. - This morning Alexander Nesbitt set off for Philadelphia, as we apprehended to take advice respecting us ; and we wrote by him to our families.
Our friend, Benjamin Lightfoot, sent us a plentiful dinner, and Edward Biddle, James Biddle, and Reynald Keen, furnished us with wine.
About four o'clock, Benjamin Bryant and Nathaniel Walker
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SUSPENSION OF THE HABEAS CORPUS ACT.
returned with the writs of habeas corpus, which had been allowed by Thomas M'Kean, Chief Justice. Nathaniel Walker, after re- maining some time with us, went toward the inn returning home to Pottsgrove, and was called by - Nagel to take the tests, and on his declining to do it, he was committed to jail. As he was employed only in the execution of a legal process un- known to us, it appeared a cruel case. Proper care was taken to supply him with bedding, &c., and his case recommended to our friends. Isaac Zane, jun., came up from Philadelphia, and brought us letters from our friends, which were examined by Samuel Morris, who had the care of us, in the temporary absence of Samuel Caldwell.
Our supper this evening was sent us by Benjamin Lightfoot. Several of our friends had visited us during the day.
16th and 17th of 9th month .- In the evening Alexander Nesbitt came up and brought us letters. They brought up a printed bill, introduced into the House of Assembly on the 15th inst., and read twice and passed on the 16th, to justify the President and Council in their arbitrary and unjust proceed- ings against us. It was to suspend the Habeas Corpus Act, and deprive us and others from a trial, and the rights and pri- vileges secured by the law to freemen.
It holds up a striking picture of the measures carrying on against the liberties of Pennsylvania, and we think it right to insert here a copy of it; as follows :
See the Pennsylvania Evening Post, vol. 3, No. 406. Thurs- day, September 18, 1777.
" Philadelphia.
" An Act to empower the Supreme Executive Council of this Commonwealth, to provide for the security thereof in special cases where no provision is already made by law.
" Whereas, the preservation of this State and all its members,
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and of the army acting in support thereof, at the time of a hostile invasion, may require the immediate interposition of the Supreme Executive Council, when the judicial powers of the Government cannot, in the ordinary course of law, sufficiently provide for its security.
" And whereas, for this important purpose the Supreme Ex- ecutive Council of this Commonwealth have lately, at the re- commendation of Congress, taken up several persons who have refused to give to the State the common assurance of their fidelity and peaceable behaviour, as required by law, and it is apprehended that there are still more such persons among us, who cannot at this juncture be safely trusted with their free- dom without giving proper security to the public.
" Be it therefore enacted, and it is hereby enacted by the Representatives of the freemen of the Commonwealth of Penn- sylvania, in General Assembly met, and by the authority of the same, that it may and shall be lawful for the President, or Vice- President, and the members of the Supreme Executive Council of this State, or any two of them, either upon the recommen- dation of Congress, or at the requisition of the commander-in- chief of the army, or the commander of a division or corps in the same, or upon the information of any credible subject of this or any other of the United States, to arrest any person or persons within this Commonwealth, who shall be suspected from any of his or her acts, writings, speeches, conversations, travels, or other behaviour, to be disaffected to the community of this, or all, or any of the United States of America, or to be an harbinger of the common enemy, who is at our gates, or give mediate or immediate intelligence and warning to their commanders, by letters, messengers, or tokens, or by dis- couraging people from taking up arms for the defence of the country, or spreading false news, or doing any other thing to subvert the good order and regulations which are or may be made and pursued for the safety of the country, and to seize and examine such papers in their possession as shall in any wise affect the public ; and the same persons being arrested, to
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SUSPENSION OF THE HABEAS CORPUS ACT.
confine or remove them to any distant place, where it will be out of their power to disturb the peace and safety of the States ; or to tender to them the oath or affirmation of allegiance and fidelity to the State, as directed by law ; and upon the taking and subscribing the same to enlarge them, or to demand and take such further and other security and assurance from them as the said President or Vice-President and Council, or any two of them, in their discretion shall think proper, or as the parti- cular circumstances of the case may require.
" And be it further enacted, by the authority aforesaid, that the President, Vice-President, and other members of the Su- preme Executive Council of this Commonwealth, and all per- sons acting by their special command in the premises, shall be and are hereby fully and absolutely indemnified and saved harmless from all process, suits, and actions, that shall or may be hereafter sued, commenced, prosecuted, or brought against them, or any or either of them, for, or in respect of any of their orders or proceedings heretofore issued and had upon the re- commendation of Congress, or which they shall hereafter issue, and have by virtue of this act. And that no judge or officer of the Supreme Court, or any inferior court within this Common- wealth, shall issue or allow of any writ of habeas corpus, or other remedial writ to obstruct the proceedings of the said Executive Council against suspected persons in this time of imminent danger to the State.
"Provided always, and it is hereby further enacted, by the authority aforesaid, that this act shall be in force to the end of the first sitting of the next General Assembly of this Common- wealth and no longer.
" Enacted into a law, the sixteenth day of September, in the year of our Lord, one thousand seven hundred and seventy- seven.
" JOHN BAYARD, " Speaker.
" JOHN MORRIS,
" Clerk of General Assembly."
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Reading, 18th day of 9th month .- This morning Samuel Morris acquainted us we were to be sent off to-morrow to Winchester, in Virginia, and that no regard should be paid to the writs of habeas corpus.
As we were about to be delivered over to Jacob Morgan, Lieutenant of Berks County, we represented to him as follows :
1. That our stores needful for subsistence in travelling had not come on, nor our clothing, though by our letters they are on the road.
2. The two baggage-wagons which came with us have gone away; and no others provided in their place. The two addi- tional ones promised by Thomas Mifflin, to carry the residue of the stores, have not come on.
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