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 20
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MINUTES OF THE SUPREME EXECUTIVE COUNCIL OF THE COMMONWEALTH OF PENNSYLVANIA.
Wednesday, August 27th, 1777.
Present, His Excellency, Thomas Wharton, Esq., President, Honourable George Bryan, Vice-President, John Baily, Esq., Jonathan Hodge, Esq., and John Proctor, Esq.
(N.B. The members not in attendance were John Hart, Jacob Morgan, John Hambright, Thomas Urie, Thomas Scott, James Edgar, John Evans, in all twelve members.)
TIMOTHY MATLACK,
Secretary.
The Congress by a resolve of yesterday, founded on evident necessity, and sound policy,
Resolved, That the colonel or commanding officer of each regiment of the city militia, do appoint one or more officers, and a sufficient number of men in each ward, who shall search the houses of all such of the inhabitants of the city of Phila- delphia, who have not manifested their attachment to the American cause, for firearms, &c.
And another resolve of Congress, of the same date, " re- questing this state to cause all persons within the same, noto- riously disaffected, forthwith to be apprehended, disarmed, and secured, till such time as the state shall think they may be re- leased without injury to the common cause," the same was re- ferred to further consideration.
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CONGRESS.
Thursday, August 28, 1777.
A letter of the 25th, from General Sullivan, at Hanover, with several papers enclosed, also another from him without date, were read .*
Ordered, That the letter of the 25th, with the papers enclosed, be referred to a committee of three. The members chosen, Mr. J. Adams, Mr. Duer, and Mr. R. H. Lee.
The committee to whom the letter of General Sullivan, with the papers enclosed, was referred, report :
"That the several testimonies which have been published since the commencement of the present contest between Great Britain and America, and the uniform tenor of the conduct and conversation of a number of persons of considerable wealth, who profess themselves to belong to the Society of people com- monly called Quakers, render it certain and notorious that those persons are with much rancour and bitterness disaffected to the American cause. That as these persons will have it in their power, so there is no doubt it will be their inclination, to com- municate intelligence to the enemy, and in various other ways to injure the counsels and arms of America.
" That when the enemy, in the month of December, 1776, were bending their progress towards the city of Philadelphia, a certain seditious publication addressed ' To our friends and brethren in religious profession in these and the adjacent pro- vinces,' signed John Pemberton, in and on behalf of the Meet- ing of Sufferings, held at Philadelphia, for Pennsylvania and New Jersey, the 20th of the 12th month, 1776, was published, and as your committee is credibly informed, circulated amongst many members of the Society called Quakers through the different states.
" That as the seditious paper aforesaid originated in the city of Philadelphia, and as the persons whose names are under
* See pages 61, 62, 63, ante ; and Appendix, page 299.
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EXILES FROM PENNSYLVANIA.
mentioned have uniformly manifested a disposition highly inimical to the cause of America, therefore
" Resolved, That it be earnestly recommended to the Supreme Executive Council of the State of Pennsylvania, forthwith to apprehend and secure the persons of Joshua Fisher, Abel James, James Pemberton, Henry Drinker, Israel Pemberton, John Pemberton, John James, Samuel Pleasants, Thomas Wharton, sen., Thomas Fisher, (son of Joshua,) and Samuel R. Fisher, (son of Joshua,) together with all such papers in their possession as may be of a political nature.
" And whereas, there is strong reason to apprehend that these persons maintain a correspondence and connexion highly pre- judicial to the public safety, not only in this state, but in the several states of America,
" Resolved, That it be recommended to the executive powers of the respective states, forthwith to apprehend and secure all persons, as well among the people called Quakers as others, who have in their general conduct and conversation evidenced a disposition inimical to the cause of America ; and that the persons so seized be confined in such places and treated in such manner as shall be consistent with their respective cha- racters and the security of their persons.
" That the records and papers of the Meetings of Sufferings in the respective states, be forthwith secured and carefully ex- amined, and that such parts of them as may be of a political nature be forthwith transmitted to Congress."
The said report being read, and the several paragraphs con- sidered and debated, and the question put severally thereon, the same was agreed to.
COUNCIL.
Sunday, August 31, 1777.
Present, his Excellency Thomas Wharton, Esq., President, Hon. George Bryan, Esq., Vice-President, John Baily, Esq.,
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APPENDIX.
Jonathan Hodge, Esq., John Proctor, Esq., and Joseph Hart, Esq.
Mr. Rittenhouse, Colonel Bradford, Colonel Delany, and Captain Peale, attended in consequence of an invitation from Council, and the resolutions of Congress of the 28th inst. were communicated to them in confidence, and their assistance asked in forming out a list of persons dangerous to the state, who ought to be arrested ; and also, in forming a list of gentlemen proper to be authorized to arrest such dangerous persons ; and the several gentlemen expressed the utmost readiness in com- plying with the request of Council, and the following resolution was therefore made, viz .: (These resolves are to be seen on pages 71, 72, 73, 74, ante.)
Monday, September 1st.
[Present as before.]
Resolved, That the following persons be appointed to carry into execution the resolves of yesterday, respecting the arrest- ing such persons as are deemed inimical to the cause of American liberty, viz. :
William Bradford, Sharpe Delany, James Claypoole, William Heysham, John Purviance, Joseph Blewer, Paul Cox, Adam Kimmel, William Graham, William Hardy, Charles W. Peale, Captain M'Culloch, Nathaniel Downel, Robert Smith, William Carsan, Lazarus Pine, Captain Birney, John Downey, John Galloway, William Thorpe, John Lisle, James Loughead, James Cannon, James Carr, Thomas Bradford, together with such other persons as they shall call to their assistance.
Note .- That the foregoing resolution (with those before re- lating to this business), was signed by the Honourable George Bryan, Esq., Vice-President.
Resolved, That Colonel Nicola, the town major, do furnish Colonel Bradford, on application, with a detachment of the City Guards.
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EXILES FROM PENNSYLVANIA.
September 2d.
Colonel Bradford, Paul Cox, and Captain Blewer, informed the Council, that among a number of other persons mentioned in the warrant of Council of the 31st ult., Alexander Stedman, Charles Stedman, Jr., and David Lenox, were apprehended and confined at the Freemasons' Lodge.
On consideration, ordered, That the said Alexander Stedman, Charles Stedman, Jr., and David Lenox, be committed to the State prison.
September 3d.
The gentlemen appointed and authorized to arrest the per- sons hereafter named, made the following report, viz .: "Joshua Fisher was ill, that he could not be moved, but gave his verbal promise, as far as required by our instructions ; no papers on public affairs. Abel James, his son being very ill and no papers of a public nature, we allowed him to remain on his plantation, on his promising (verbally) to appear on demand of the Presi- dent, and not in any manner to speak, write, or give any intel- ligence to the enemies of the United States of America. * James Pemberton, prisoner, no papers found of a public nature. *Israel Pemberton, *Henry Drinker, prisoners, a number of papers found of a public nature, belonging to the monthly meet- ing. *John Pemberton, prisoner, a number of papers in a. brown bag. John James, not to be found; being in the country. *Samuel Pleasants, Thomas Wharton, Sr., prisoners, no papers. Samuel Fisher, (son of Joshua,) prisoner, no papers. Elijah Brown, Hugh Roberts, seventy years or upwards ; says he has never in any manner spoke, or in any way shown himself inimical to the liberty and independence of America, since the commencement of the disputes ; we have his verbal word, agreeably to our instructions, and we are to wait on him at two o'clock this afternoon; we found no papers. *Miers Fisher, prisoner, no papers. * George Roberts, his wife very big, and otherwise ill ; he has passed his word as above, and appears at the same hour with his father; and we beg the
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APPENDIX.
directions of His Excellency and the Council. * Joseph Fox, prisoner, some papers. * Samuel Emlen, Jr., confined to his bed ; we broke open his desk, but found no papers of a public nature. Adam Kuhn, D. M., produced the certificate of his having taken the oath to the United States, 2d June, and is to be forthcoming at one o'clock to-day. *Phineas Bond, on parole, no papers. * William Smith, D. D., *Rev. Thomas Coombe, prisoner, no papers. * Samuel Shoemaker, has given his promise not to go from his house, that he has never had any thing to do with the Meetings for Sufferings, and has dis- approved of the proceedings signed by - Pemberton. *Charles Jervis, prisoner, no papers. William Drewet Smith, prisoner, no papers. * Pike, (dancing-master,) on parole, no papers. *Owen Jones, Jr., prisoner, no papers. * William Lenox, Jr., prisoner, had a pocket-book and some papers. *Jeremiah Warder, aged and very infirm, having an inflamma- tion, has given his verbal parole, agreeably to our instructions ; we found some papers. * Caleb Emlen, not to be found. * Wil- liam Smith, (broker,) prisoner; his chamber is locked up for the inspection of his papers, the key in the possession of Cap- tain Smith. * Charles Eddy, prisoner, no papers. * Samuel Murdock, on parole, no papers. Alexander Stedman, prisoner. Charles Stedman, Jr., prisoner. * Robert Asheton, (merchant,) on parole. William Imlay, prisoner, no papers. *Thomas Gilpin, prisoner, no papers. * Samuel Jackson, out of town ; no search has been made for papers as yet. *Thomas Affleck, prisoner, no papers.
"N.B. Caleb Emlen, on being arrested, took the oath as required by law, and was therefore discharged."
Colonel Bradford, Colonel Will, Major Keer, and Mr. Loughead, reported, that they had arrested Israel Pemberton, John Hunt, and Samuel Pleasants, but that they all refused to move from the house of the said Pemberton, where they now are, unless they were arrested by some civil officer : therefore, ordered, That Colonel Nicola, town major, do take a proper guard, and seize Israel Pemberton, John Hunt, and Samuel
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Pleasants, and conduct them to the Freemasons' Lodge, and there confine them under guard, until further orders : and Phineas Bond having, by letter, declared his renunciation of the parole he has signed, therefore ordered, That Colonel Nicola do also seize and confine him, in like manner, until further orders.
CONGRESS.
Wednesday, September 3d, 1777.
A letter of the 2d, from George Bryan, Esq., Vice-President of the Supreme Executive Council of Pennsylvania, was read, informing that "In consequence of the recommendation of Con- gress, and their own persuasion of the propriety and necessity of the measure, the Council have taken up several persons inimically disposed towards the American States; that few of the Quakers among these are willing to make any promise of any kind ; and desiring the advice of Congress, particularly whether Augusta and Winchester, in Virginia, would not be suitable places in which to secure these persons :" whereupon,
Resolved, That Congress approve of the Quaker prisoners being sent to Virginia, and in the opinion of Congress that Staunton, in the County of Augusta, is the most proper place in Virginia, for their residence, and security ; and with regard to the other prisoners mentioned in their letter, Congress leave it to the Supreme Executive Council, to do with them as they in their wisdom shall think best.
The Supreme Executive Council having sent to Congress, by one of the delegates of their state, sundry original letters and papers found in the possession of some of the Quakers taken into custody, the same were read.
Ordered, That they be referred to the committee to whom General Sullivan's letter of the 21st of August was referred.
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APPENDIX.
COUNCIL.
September 4th, 1777.
Israel Pemberton, John Hunt, and Samuel Pleasants, attended by Mr. Lewis, and Mr. Robeson, (attorneys,) and also by Samuel Rhoads, Jr., sent in by the Secretary a request to be heard by the Council ; to which the Council, by the Secretary, answered : that the arrest has been made by order of Congress, and that at present the Council decline hearing them ; that the Secretary returned and informed Council, that Mr. Pemberton, on behalf of himself, Mr. Hunt, and Pleasants, observed, no arrest had been made by the town major ; that one of them had not seen or been spoken to by him; that as freemen, they claimed the right of being heard in their defence before the Council ; that nothing on their part should be said but what was decent and proper ; that theirs is a case in which every freeman in the State is interested ; and that this right of being heard they demanded and insisted on. To which the Council, by the Secretary, answered : that the Council has ordered this arrest in consequence of a recommendation of Congress, and they do not, at present, think proper to hear Mr. Pemberton, Mr. Hunt, and Mr. Pleasants.
A remonstrance from the aforesaid was presented and read.
Colonel Nicola reports, that he has executed the orders of yesterday, and had conducted Israel Pemberton, John Hunt, Samuel Pleasants, and Phineas Bond, to the Freemasons' Lodge, and secured them under guard.
Ordered, That the persons now confined in the Freemasons' Lodge, be sent to Staunton, in Augusta County, in the State of Virginia, agreeable to the resolve of Congress ; there to be secured and treated in such manner as shall be consistent with their respective characters, and the security of their persons.
Ordered, That the lieutenants of the respective counties do furnish proper guards of militia for prisoners, whether tories or others, when application shall be made to them for such purposes.
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EXILES FROM PENNSYLVANIA.
September 5th.
[Present as before], and Jacob Morgan, Esq.
The President laid before the Council a remonstrance de- livered to him last evening, by John Reynell, James Craig, and Owen Jones, signed by the gentlemen confined in the Masons' Lodge, which was read, and thereupon ordered, That the said remonstrance be laid before Congress, and that application be made to Congress to know whether they had any objections to such of the aforesaid gentlemen as should now take an oath or affirmation of allegiance to this State, being enlarged ; to which Congress return the following resolve, viz. :
In Congress, September 5th, 1777.
Resolved, That the Supreme Executive Council be informed that the Congress have no objection to the enlargement of such persons now confined in the Lodge, as will swear or affirm allegiance to this State.
Extract from the minutes.
CHARLES THOMSON, Secretary.
Therefore, resolved, That such of the persons now confined in the Lodge, as shall take an oath or affirmation of allegiance to this State, shall be thereupon discharged.
Ordered, that the Secretary write to Colonel Bradford, and request him to communicate the last-mentioned resolve to the gentlemen confined in the Lodge.
CONGRESS.
Friday, September 5th, 1777.
A letter of this day from Thomas Wharton, Jr., President of Pennsylvania, was read, informing that the persons detained in the Masons' Lodge, have had notice of their going to-morrow to Augusta, and desiring an answer, " Whether the removal of
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APPENDIX.
those persons may not be relaxed as to such as would yet swear or affirm allegiance to this State;" also including a remon- strance to the Council of Pennsylvania, from twenty persons in the Lodge :* whereupon,
Resolved, That the Supreme Executive Council be informed that Congress have no objection to the enlargement of such persons now confined in the Lodge as will swear or affirm to this State.
A remonstrance from Israel Pemberton, James Pemberton, John Pemberton, Thomas Wharton, Henry Drinker, Thomas Fisher, Samuel Pleasants, and Samuel R. Fisher, was read :+
Ordered to lie on the table :
The committee to whom the papers sent to Congress by the Supreme Executive Council of Pennsylvania were referred, brought in a report, which was read.
Ordered, that the consideration thereof be postponed.
CONGRESS.
Saturday, September 6, 1777.
Congress took into consideration the report of the committee to whom were referred the papers transmitted by the Supreme Executive Council of Pennsylvania ; whereupon
Ordered, That the papers as reported by the committee, from No. 1 to 11, be published.
Congress took into consideration the remonstrance from Israel Pemberton, James Pemberton, John Pemberton, Thomas Wharton, Henry Drinker, Thomas Fisher, Samuel Pleasants, and Samuel R. Fisher, who were taken into custody upon the recommendation of Congress, praying to be heard ; whereupon
Resolved, That it be recommended to the Supreme Executive Council of the State of Pennsylvania to hear what the said re- monstrants can allege to remove the suspicions of their being disaffected or dangerous to the United States, and act therein as the said Council judge most conducive to the public safety.
* See pages 95 to 99.
t See page 103.
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EXILES FROM PENNSYLVANIA.
COUNCIL.
Saturday, September 6, 1777.
[Present, as yesterday.]
A resolve of Congress, of this date, recommending to this Council to hear what Israel Pemberton and divers others, therein named, can allege to remove the suspicion of their being disaffected or dangerous to the United States, being read and considered,
Resolved, That the President do write to the Congress, and let them know, that the Council has not time to attend to that business, in the present alarming crisis, and that they were, agreeably to the recommendation of Congress, at the moment the said resolve was brought into Council, disposing of every thing for the departure of the prisoners.
CONGRESS.
Monday, September 8, 1777.
Congress took into consideration the letter of the 6th, from the Council of Pennsylvania, wherein they informed, " that at the time the resolves of Congress of the 6th came to them, the Council were disposing of every thing for the departure of the gentlemen confined in the Masons' Lodge ; that the hearing of some may be censured as a partial proceeding, and therefore they wish the same indulgence may be granted to all; that as this may be tedious, and, in the midst of the present load of im- portant business before Council, of which that of embodying the militia is not the least part, they have not leisure to undertake it ; that, as much injury will ensue to their commonwealth, if Council at present yield any further attention to this matter, they therefore earnestly request that Congress may hear and dispose of the gentlemen prisoners in the Masons' Lodge, and also of those who are on promise or parole, in such manner as to their wisdom shall seem best, and that for this purpose a list of the prisoners is herewith sent ;" whereupon
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APPENDIX.
Resolved, That it would be improper for Congress to enter into any hearing of the remonstrants or the other prisoners in the Lodge, they being inhabitants of Pennsylvania ; and there- fore, as the Council declines giving them a hearing, for the rea- sons assigned in their letter to Congress, that it be recom- mended to the said Council to order the immediate departure of such of the said prisoners as yet refuse to swear or affirm allegiance to the State of Pennsylvania, to Staunton, in Vir- ginia.
COUNCIL.
[Present, as above.]
Monday, September 8th.
A remonstrance from the people confined in the Masons' Lodge* was presented by the Secretary, and read. Thereupon, the Secretary was ordered to acquaint Dr. Hutchinson, one of the gentlemen who delivered the said remonstrance to him, that Council had referred the case to Congress.
Tuesday, September 9th.
Colonel William Bradford now attended the Council, and reported, that he had on Friday evening last, waited upon the prisoners now confined at the Masons' Lodge, and shown them the certified copy of the resolve of Congress, relating to them, of the 5th inst., and had given them a copy thereof; but that the prisoners had given him no reason to expect a compliance with the terms proposed them.
The following resolve of Congress was read, viz. :
IN CONGRESS.
September 8th, 1777.
Resolved, That it would be improper for Congress to enter into the hearing of the remonstrants, or other prisoners in the Masons' Lodge, they being inhabitants of Pennsylvania, and therefore, as the Council decline giving them a hearing, for the
* See pages 107 to 110.
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reasons assigned in their letters to Congress, that it be recom- mended to said Council, to order the immediate departure of such of the said prisoners as yet refuse to swear or affirm alle- giance to the State of Pennsylvania, to Staunton in Virginia.
Extract from the minutes,
CHARLES THOMSON, Secretary.
On consideration, Resolved, That James Pemberton, Henry Drinker, Israel Pemberton, John Pemberton, Samuel Pleasants, Thomas Wharton, sen., Thomas Fisher, (son of Joshua,) Miers Fisher, Elijah Brown, John Hunt, Phineas Bond, Rev. Thomas Coombe, Charles Jervis, William Drewet Smith, Charles Eddy, T. Pike, Owen Jones, jun., Edward Pennington, William Smith, (broker,) Thomas Gilpin, Thomas Affleck, apprehended by Council, as persons who have uniformly manifested, by their general conduct and conversation, a disposition highly inimical to the cause of America, imprisoned in the Freemasons' Lodge in this city, they refusing to confine themselves to their several dwellings, and thereby making the restraint of their persons, in another manner, necessary, and having refused to promise to refrain from corresponding with the enemy, and also declined giving any assurance of allegiance to this state, as of right they ought, do hereby renounce all the privileges of citizenship; and that it appears, they consider themselves as subjects of the King of Great Britain, the enemy of this and the other United States of America, and that they ought to be proceeded with accordingly.
Resolved, That persons of like character, and in emergencies equal to the present, when the enemy is at our door, have, in the other states, been arrested and secured, upon suspicions arising from their general behaviour, and refusal to acknow- ledge their allegiance to the state of which they were the proper subjects ; and, that such proceedings may be abundantly justi- fied by the conduct of the freest nations and the authority of the most judicious civilians ; therefore,
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APPENDIX.
Resolved, That the persons whose names are mentioned above, be, without further delay, removed to Staunton, in Vir- ginia.
September 10th, 1777.
Colonel Nicola, town-major, representing that he could not procure the horses necessary for the guards-
Ordered, To escort the prisoners from the Masons' Lodge towards Reading ; a warrant to impress six horses, with saddles, was issued, directed to him.
An order was drawn on the treasurer, in favour of Mr. Alexander Nesbitt and Samuel Caldwell, gentlemen of the Light Horse, ordered to escort the prisoners on their way to Augusta, for the sum of £100, to pay their expenses, as far as the present escort may go, and for which they are to account.
September 16th,
[Present, Wharton, Bryan, Bailey, Hart, and Morgan.]
Mr. Alexander Nesbitt, one of the gentlemen of the Light Horse, appointed to escort the prisoners to Winchester, in Vir- ginia, reports, That Israel Pemberton, and divers others of them, had obtained writs of habeas corpus, ordering Lewis Nicola to bring the bodies of the said Israel Pemberton and others before him, on the 17th inst., at the place in the writ expressed ; and the Honourable House of General Assembly having this day passed an act, entitled an act, &c .- Ordered, That a writ be issued, authorizing and empowering Samuel Caldwell and Alexander Nesbitt, to receive the bodies of Israel Pemberton, &c., (naming them,) who have been, in conse- quence of the recommendation of Congress, arrested and sent forward towards Winchester, in Virginia, and them to deliver to Jacob Morgan and John Oldt, to be forwarded to the place of their destination.
18
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CONGRESS.
Monday, October 13th, 1777.
[Sundry letters.] One of the first from John Smith, lieu- tenant of Frederick County, Virginia, with sundry papers enclosed, was read, also a remonstrance from Israel Pem- berton and others, and a memorial from Chevalier Du Portail, were read.
Ordered, That the memorial from Israel Pemberton and others, be referred to the Board of War.
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