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 11
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3. Two of the travelling wagons which brought us have left us, and a third rendered useless. Four wagons ought to be added to those now here.
4. John Pemberton, one of the prisoners, is very much indis- posed, and wholly unfit to be removed.
To which we never received any answers.
Soon in the day, Alexander Nesbitt and Jacob Morgan came to us, and Michael Hillegas and George Nagel were called in at our request as witnesses.
Alexander Nesbitt called over our names, and was about to deliver us to the care of Jacob Morgan, previous to which we served on him the last writs of habeas corpus, for eleven of our members, which being read and delivered in due form, in pre- sence of said witnesses, he was charged in the name of us all, on his peril not to remove us in the manner they were about to do, but to pay due regard to the said writs. He nevertheless persisted, and delivered us over to the said Jacob Morgan. The said Michael Hillegas and George Nagel have certified the service of the said writs, as follows :
Henry Drinker, Samuel Rowland Fisher, Miers Fisher,
Habeas corpus directed to Sa- muel Caldwell, Alexander Nes- bitt, Jacob Morgan, John Oldt,
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SUSPENSION OF THE HABEAS CORPUS ACT.
Elijah Brown,
John Hunt,
and Joseph Hutton, returnable forthwith before chief justice.
The like writ.
William Smith, (broker,)
- The like writ.
Thomas Fisher, - -
- ยท The like writ.
Thomas Wharton,
-
-
- The like writ.
Edward Pennington, -
- The like writ.
John Pemberton, - -
- The like writ.
" The above writs were served on Alexander Nesbitt and Jacob Morgan, who then had the parties above named in their custody at Reading, in the county of Berks, in the presence of us. On this 18th day of September, 1777.
" MICHAEL HILLEGAS.
" GEORGE NAGEL."
On conversing with A. Nesbitt, we found he had some further instructions concerning us, which at our request, he read to us. This proved to be a new warrant, dated the sixteenth inst., signed by George Bryan, Vice-President ; tested by Timothy Matlack, Secretary, and sealed with the lesser seal.
This afternoon, the two wagons from Philadelphia with the remainder of our stores arrived here.
Miers Fisher wrote a letter to Thomas M'Kean, Chief Justice, informing him of our situation, and sent it by Benjamin Bryant. The following is a copy.
Reading, September 18, 1777.
TO THOMAS M'KEAN, ESQ.
RESPECTED FRIEND,
From Pottstown, I wrote thee a short note in behalf of my- self and fellow-sufferers, requesting thee to allow writs of habeas corpus for eleven of us. The messengers, Benjamin Bryant and Nathaniel Walker, returned here on second day with them,
Owen Jones, jun.,
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EXILES FROM PENNSYLVANIA.
" allowed." We are sorry to inform thee that some of the justices of this town ordered Nathaniel Walker, (a young man who offered his services voluntarily, and went with Benjamin Bryant without our knowledge as a guide and companion,) to be arrested and brought before them, and tendered him the " Test," and upon his declining to take it, committed him a close prisoner to the common jail.
We consider this to be a breach of that privilege which per- sons executing civil process are entitled to, and an insult to the office of Chief Justice, whose writ he was entrusted to serve. We recommend his case to thy notice, and doubt not but if thou should concur with us in opinion, thou will grant a supersedeas to his commitment, and permit him to return to his mother, at Pottsgrove.
We informed thee by those messengers, that our keepers were regularly served with the writs for those nine of us which were first applied for, and " allowed." We now acquaint thee that this day, the writs for the remaining eleven were also served on Alexander Nesbitt and Jacob Morgan, as will appear by the inclosed certificate, signed by the gentlemen who attended as witnesses.
Alexander Nesbitt read us a paper, signed by the Secretary of Council, by which it appears he was ordered to deliver us here to Jacob Morgan and John Oldt, and by which they were directed to forward us from county to county, to Winchester, in Virginia, and accordingly, after calling us by name, de- livered us to Jacob Morgan, and soon after left the town.
Jacob Morgan, upon being required to obey the writs, gave us for answer, that he knew the nature of writs of " habeas corpus," but that he had positive orders which he must obey. In this situation we now are, and have received notice to be ready to move forward toward Winchester to-morrow. We thought it to be our duty to acquaint thee with these circum- stances, that thou might have an opportunity to take such steps as thou should think proper, either to enforce obedience to them, or evince to the world that no fault lays with thee.
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SUSPENSION OF THE HABEAS CORPUS ACT.
We consider thy allowing these writs as a proof, not only of thy knowledge of the rights of freemen, but of thy desire to support them, as far as thy power extends, and as thou hast done thy part, and art entitled to the perquisites of thy office, we send by the bearer seventeen pounds ten shillings, being the sum to which twenty writs amount, at the rate of fees esta- blished by law.
We sincerely wish thy attention to the rights of mankind in this, and all other instances that may come before thee, and are thy real well-wishers. In behalf of my fellow-sufferers.
I am, with due respect, thy friend.
MIERS FISHER.
Reading, 20th of 9th month .- Nothing material took place yesterday, except that several Friends from Exeter and Maiden Creek came to see us, and brought us provisions. About noon, Jacob Morgan and Daniel Levan acquainted us we were to go off to-day ; and Jacob Morgan delivered us over to Daniel Levan, read us the last warrant and instructions, dated the 16th inst., signed by George Bryan, respecting us, and promised us a copy of it.
William Lewis, Esq., who left Philadelphia in the morning, brought us letters, and an agreeable account of our several families.
21st of 9th month .- Most of our baggage being put in three wagons, and our stores in a fourth, we were ready to set off; but our friend, John Pemberton, having been much indisposed for several days past, and now not fit to be removed, though he was resigned to go or stay, the matter was mentioned to Daniel Levan, who was very kindly disposed, but on consulting with Shoemaker and Christ, they determined he should proceed, which unkind conduct needs no comment.
Most of us set off about ten o'clock, passed over the ford of Schuylkill, dined at Womelsdorf, and reached Lebanon before dark, where we were very kindly and courteously received, and entertained by the inhabitants and neighbours, who pre- pared for us.
.
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EXILES FROM PENNSYLVANIA.
Curtis Grubb, Esq., went about from house to house to see that we were treated with kindness, and desired to know if any person should attempt to treat us in an ungenteel manner, that he might call them to account. He acted in the station of lieutenant of Lancaster, having here a battalion of American troops under his command, who with some of the lower class of people did not seem kindly disposed towards us, yet by his attention they were kept quiet. In all parts of his behaviour, he seemed desirous to make our condition as easy as possible.
There are confined here about six hundred Hessians, and about three hundred more left the town two days ago for Win- chester ; these were of the Hessians taken at Trenton on the night of the 24th of 12th month last.
22d day of 9th month .- We left Lebanon about ten o'clock, dined at Hummeltown: while there several of our company went about a mile to see the great cave, a subterranean cavern sup- ported internally by limestone rocks, through which the water dripping in many places, forms pillars, or petrifies. The water turns to stone any object on which it falls, as straw, leaves, &c.
We crossed the Swatara creek, and reached Harris's Ferry in the evening, where John Harris entertained us with the best he had; though our lodgings were by no means decent or clean. The house is of sixty-four feet front, and well built and finished.
We have passed, during the last three days through a very fertile country, between the North and South mountains.
28th day of 9th month .- About nine o'clock our four bag- gage wagons were driven into the Susquehanna River at the ford, about a mile over, and followed immediately by two one- horse chairs, seven of our company, and one of our servants on horseback ; the next partly in two canoes, and partly in the carriages, attended by seven guards on horseback. We reached the western shore about eleven o'clock. The water, crossing, was about three feet in depth. On landing, we received a present of six large rockfish, sent us by William Patterson, who lives in the neighbourhood. We reached Carlisle about
145
JOURNEY TO VIRGINIA.
four o'clock, where we met with an agreeable reception. We stopped at White's tavern, where several of the inhabitants came to see us ; but the inn not affording sufficient accommoda- tion, six of us accepted invitations to lodge out among the in- habitants, where we were very kindly entertained.
Carlisle, 24th and 25th of 9th month .- Unlading and ad- justing our baggage ; remained at the inn, &c. 25th, morning. Daniel Levan having let us know the wagons were ready again, our stores and baggage were put into them, to go off in the morning. We received a letter from Doctor Kearsly, now closely confined in the county jail, expressing a desire to see us ; but as it could not be done without giving offence,. we declined it, but sent him a verbal message by Charles Lukens.
We now demanded of Daniel Levan, copies of the papers he had related to us; and he left them with us for the purpose. They are as follows, certified by him.
"IN COUNCIL.
" Philadelphia, September 10th, 1777. " SIR,
" The subject of the present letter is the removal of several gentlemen of this city, by orders of Council, and of the State.
" They have uniformly manifested, in their general conduct and conversation, a disposition highly inimical to the cause of America. Their stay of course in this city, in the time of in- vasion and danger, is become highly improper.
" You will find by the enclosed instructions the place they are destined for, and the mode of removing them. Messrs .. Alexander Nesbitt and Samuel Caldwell, two of the light horse militia of this city, with a party of City Guards on horse- back, are the escort to Reading. These gentlemen will be able to inform you of the guard it will be proper to send forward.
" The first plan was to send a sufficient party of these light horse to Virginia, but the present approach of General Howe, calls them to camp. I therefore must request you to look out
10
146
EXILES FROM PENNSYLVANIA.
for a person of humanity, good breeding, and firmness, to superintend the further conveyance of these gentlemen to Staunton, and to assist with a proper escort mounted on horseback.
" You may see by the instructions for this officer, which are enclosed, that all politeness towards the prisoners, and due attention to their comfort is desired ; every charge from you on this head will doubtless be given.
" I send you by John Oldt, Esq., the sum of five hundred pounds, to be applied to defray the expenses of the journey. Messrs. Alexander Nesbitt and Samuel Caldwell have received the sum of one hundred pounds, for the same purpose, till the prisoners are delivered to you; they will pay you the remainder, after providing for their own charges homeward.
" You have also with this letter, an order directed to the lieutenants and sub-lieutenants of Lancaster and Cumberland counties, to give you every necessary assistance, and Messrs. Alexander Nesbitt and Samuel Caldwell will deliver to you the despatches for the War Office of Congress, relative to their passage through Maryland and Virginia, and reception at Staunton. It will be proper that you add to these an open letter to the lieutenants and sub-lieutenants of Lancaster and Cumber- land counties, and all other officers of this State and elsewhere, attesting and certifying that your superintendent is the officer entrusted with this business.
" The light wagons must necessarily go on, and likewise the heavy ones, unless others are substituted. This information is 'ven betimes, that no delay may take place at Reading. " THOMAS WHARTON, JR.,
" President."
Endorsed,
" To Colonel Jacob Morgan, Lieutenant of the County of Berks.
" A true copy, taken from and compared with the original. " DANIEL LEVAN, JR.
"Carlisle, September 25th, 1777."
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JOURNEY TO VIRGINIA.
"IN COUNCIL.
" Philadelphia, September 10th, 1777. " SIR,
" The bearer hereof, Daniel Levan, Esq., is appointed by Colonel Jacob Morgan, to superintend an escort, conducting a number of disaffected persons to Staunton, in Virginia, by order of Council; any assistance which may be found neces- sary in this duty, you are hereby requested to afford them.
" I am, with great respect, " Your very humble servant, " GEORGE BRYAN, " Vice-President.
" To the lieutenants and sub-lieutenants of the counties of Lancaster and Cumberland."
" A true copy, taken from the original.
" DANIEL LEVAN, JR. "Carlisle, September 25th, 1777."
N. B .- This was sent to Reading with a blank space for the bearers' names, which was filled up by Jacob Morgan, with the name of Daniel Levan, Esq.
"IN COUNCIL.
" Philadelphia, September 10th, 1777.
" Instructions to the gentlemen to whom Colonel Jacob Mor- gan, Lieutenant of Berks County, shall commit the charge of certain prisoners, sent from Philadelphia, for Staunton, in Vir- ginia, under the conduct of Messrs. Alexander Nesbitt and -, who are to deliver them to the said Colonel Morgan, at Reading.
" You will proceed by the common road through Carlisle with these persons, to Staunton, in Augusta, in the State of Virginia.
148
EXILES FROM PENNSYLVANIA.
You will send them with light, covered wagons, in such manner as not to be crowded. Your careful attendance throughout will be necessary. Every suitable accommodation should be procured for them on the way. But while you manifest polite- ness and tenderness, a proper degree of firmness and watchful- ness will also be required.
" With these instructions, you have an order directed to the lieutenants and sub-lieutenants of Lancaster and Cumberland counties, to aid you in all cases which may be needful.
" If the gentlemen prisoners, or any of them, prefer carriages provided by themselves, they are to be permitted to use them, but they are to keep them through the journey.
" When you get into Maryland and Virginia, you will look into the despatches from the War Office, and take directions from them.
"You will, we doubt not, in consequence, be assisted by the officers of these States, and on your arrival at Staunton, the prisoners are to be received and treated according to their stations.
" The proper sum of money will be advanced by Colonel Morgan, to defray the expenses of the gentlemen committed to your care. Of the escort, the wagons, and all other expenses, a regular account should be kept, and vouchers preserved.
" Here follows a list of the prisoners, to wit:
James Pemberton,
Israel Pemberton,
Miers Fisher,
John Hunt,
John Pemberton,
Thomas Pike,
Samuel Pleasants,
Thomas Fisher,
Thomas Gilpin,
Henry Drinker,
Samuel Fisher, (son of Joshua,) Owen Jones, jun.,
Elijah Brown,
William Smith, (broker,)
Edward Pennington,
Thomas Wharton,
William Drewet Smith,
Charles Jervis,
Charles Eddy,
Thomas Affleck.
" Extract from the minutes.
" TIMOTHY MATLACK,
" Secretary."
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JOURNEY TO VIRGINIA.
" A true copy, taken from and compared with the original. " DANIEL LEVAN, Jun.
" Carlisle, September 25th, 1777."
" Pennsylvania, ss. [LS.] "IN COUNCIL.
" Philadelphia, September 16, 1777.
" Whereas, Israel Pemberton, James Pemberton, John Pem- berton, Thomas Wharton, Thomas Fisher, (son of Joshua,) John Hunt, Miers Fisher, Samuel Fisher, (son of Joshua,) Edward Pennington, Henry Drinker, Samuel Pleasants, Owen Jones, jun., Thomas Gilpin, Charles Jervis, Thomas Affleck, William Drewet Smith, Thomas Pike, William Smith, (broker,) Elijah Brown, and Charles Eddy, have, in consequence of the recommendation of Congress, been arrested by the Supreme Executive Council of Pennsylvania, as persons whose uniform conduct and conversation has evidenced that they are highly inimical to the thirteen United States of North America, and to the Commonwealth
George Bryan, Vice-President. of Pennsylvania in particular, they having also declined to give any assurance of alle- giance to this State, as of right they ought; and whereas, it appears necessary for the public safety at this time, when the State is invaded by a large army of enemies, that the said per- sons and every of them should be removed from the county of Philadelphia and secured at some place remote from the army of the enemy.
" These are, therefore, to authorize, and empower, and require Samuel Caldwell and Alexander Nesbitt, with proper necessary assistants, to receive the bodies of the said Israel Pemberton, James Pemberton, John Pemberton, John Hunt, Thomas Fisher, (son of Joshua,) Thomas Wharton, Owen Jones, jun., Samuel Fisher, (son of Joshua,) Samuel Pleasants, Thomas Affleck, Miers Fisher, Thomas Pike, Thomas Gilpin, William Drewet Smith, William Smith, (broker,) Elijah Brown, Edward Pen- nington, Henry Drinker, Charles Jervis, and Charles Eddy,
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EXILES FROM PENNSYLVANIA.
from Lewis Nicola, Esq., in whose keeping they have been holden, and them, and every of them to convey and conduct to Reading, in Berks County, and there to deliver to Jacob Mor- gan, Esq., Lieutenant of the said county of Berks, or to John Oldt, Esq., one of the sub-lieutenants of the said county of Berks. And you, the said Jacob Morgan, and you, the said John Oldt, or either of you, or by persons by you or either of you appointed, are hereby commanded and authorized to re- ceive into your custody, or the custody of either of you, the bodies of the said Israel Pemberton, John Hunt, James Pem- berton, John Pemberton, Thomas Wharton, Edward Penning- ton, Henry Drinker, Thomas Fisher, (son of Joshua,) Miers Fisher, Thomas Gilpin, Samuel Fisher, (son of Joshua,) Owen Jones, Samuel Pleasants, Charles Jervis, Thomas Affleck, William Drewet Smith, Thomas Pike, William Smith, (broker,) Elijah Brown, and Charles Eddy, from the said Samuel Cald- well and Alexander Nesbitt, as aforesaid, and any and every of them the said persons represented as inimical and dangerous, with the aid and help of proper and effectual assistants, to con- vey and conduct to the town of Winchester, in the Common- wealth of Virginia, there to be secured and detained till further orders can be had concerning them, and meanwhile to be treated, as well on the road to Winchester as in and after arrival there, with all the humanity and attention their cha- racters and stations require, not inconsistent with the securing of their persons. And the lieutenants and sub-lieutenants of the several counties of this State, and all officers of militia within the same, are hereby required to be aiding to the said Samuel Caldwell and Alexander Nesbitt, Jacob Morgan and John Oldt, and the persons employed by them in conveying and carrying the inimical and dangerous persons aforesaid, in the manner and to the place above mentioned.
[L.S.]
Given under the Less Seal of the Common- wealth of Pennsylvania, at Philadelphia, the day and year above written. " Attest, TIMOTHY MATLACK, " Secretary."
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JOURNEY TO VIRGINIA.
" A true copy, taken from the original, and compared there- with, per
" DANIEL LEVAN, Jun.
" Carlisle, September 25th, 1777."
" A list of the prisoners ordered by the Supreme Executive Council, agreeably to the recommendation of Congress, to be removed to Staunton, in Augusta County, in the State of Vir- ginia :
James Pemberton,
John Hunt,
Henry Drinker,
Charles Jervis,
Israel Pemberton,
William Drewet Smith,
John Pemberton,
Charles Eddy,
Samuel Pleasants,
Thomas Pike,
Thomas Wharton,
Owen Jones, Jr.,
Thomas Fisher, (son of Joshua,) Edward Pennington,
Samuel Fisher, (son of Joshua,) William Smith, (broker,)
Miers Fisher,
Elijah Brown,
Thomas Gilpin,
Thomas Affleck.
" TIMOTHY MATLACK,
" Secretary.
" Philadelphia, September 10th, 1777."
" War Office, September 10th, 1777.
" The within-mentioned persons, prisoners, taken and confined by the Honourable, the Executive Council of Pennsylvania, will be guarded through this State, on their way to Staunton, in Augusta County, in Virginia, where they are directed to reside, and to which place they are to be safely conveyed by direction of the said Council; but after passing the limits of this State, the lieutenants of the counties, or commanding officers of the militia of the several counties in the States of Maryland and Virginia, adjacent to, or through which the road to Staunton runs, are desired to furnish proper guards, from time to time, within the several jurisdictions, as occasion may require, taking care that no unnecessary delay is used, and exercising every
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EXILES FROM PENNSYLVANIA.
indulgence towards the prisoners consistent with the safety of their persons. Every means is to be used to expedite the journey. The officers of the guards, from time to time, will see that the prisoners are treated agreeably to their characters and be- haviour, but will prevent their spreading abroad any papers through the country, or by other means, under the mask of justifying themselves, disseminating sedition, discord, and un- easiness among the good people of these States. These orders to be delivered over by the officer first receiving it, to his suc- cessor, and finally to be lodged with the lieutenant or com- manding officer of militia, in Augusta County, Virginia, together with the letter directed to him.
" By order of the Board of War. " RICHARD PETERS, " Secretary."
"Reading, September 17th, 1777.
" As I have seen the orders of the Executive Council of Pennsylvania, who have had the management of this business, whereby it appears the prisoners are not to proceed to Staunton, I have detained the letter to the lieutenant of Augusta, mentioned above, and as no doubt Congress have sent orders for their being detained at Winchester, the lieutenant of the county will be pleased to regulate himself by any order of Congress which may be produced by him, if no such order appears. The above directions are to be pursued.
" RICHARD PETERS,
" Secretary at War."
" A true copy, taken from and compared with the original. " DANIEL LEVAN, JR.
" Carlisle, September 25th, 1777."
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JOURNEY TO VIRGINIA.
" GENTLEMEN,-
" The President and Council, by a special war-
[L.s.] rant, under the less seal of the Commonwealth of Pennsylvania, to me directed, have ordered the removal of several gentlemen from this place to Winchester, in Virginia, there to remain under a proper guard, until further orders. They have uniformly manifested in their general cha- racter and conversation, a disposition highly inimical to the cause of America.
" These are, therefore, to attest and certify that I have nominated, constituted, and appointed Daniel Levan, Jr., Esq., High Sheriff of Berks County, in the said Commonwealth, the officer and superintendent of the said business.
" And I do hereby, in pursuance of certain powers to me given, earnestly request and desire the lieutenant, and sub- lieutenant, and all other officers, civil and military, in this State and elsewhere, to be aiding and assisting in the removal of the said gentlemen to Winchester aforesaid. And that all polite- ness to the prisoners and due attention to their comfort is earnestly required.
" Given under my hand and seal, at Reading, in the county of Berks, the 20th day of September, A. D. 1777.
" JACOB MORGAN,
" Lieutenant."
" To all lieutenants, sub-lieutenants, and other officers, civil and military, in the State of Pennsylvania, and elsewhere."
Endorsed :
" To the lieutenants, sub-lieutenants, and all other officers, civil and military, in the Thirteen United States of America. " DANIEL LEVAN, JR."
From these papers may be easily seen the irregular manner in which the Council proceeded through this whole business.
An order was made for our removal, and delivered to
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EXILES FROM PENNSYLVANIA.
Alexander Nesbitt and Samuel Caldwell, a copy of which we have not procured. That only related to our journey as far as Reading. From thence we were to be taken to Staunton by virtue of the papers dated September 10th, by which it appears that Council gave power to Jacob Morgan to choose our con- ductor, and fill up a blank space left in the warrant in his appointment with his name.
When the writs of habeas corpus were served on our keepers at Pottsgrove, they were at a loss what to do, and the Council equally puzzled. Yet, determined to blunder through the matter, issued the warrant dated the 16th, which is directed to our keepers at Philadelphia, and commands them to re- move us to Reading, though we had been removed five days before it was dated. The intention in this jumble of incon- sistencies was, probably, to supersede the writs of habeas corpus by a warrant of a later date, which they apprehended would more readily be obeyed than the writs ; to insure which, they procured the Assembly to publish an intended act to in- demnify all persons acting contrary to law under their authority.
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