St Clair Cemetery, Mt Lebanon, Allegheny Co, PA

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Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Wednesday, March 13, 2013

Homeland Security 1777 Style

Wednesday morning has arrived after a restless sleep last night.  I am almost speechless as I try to understand the past.  Almost a wordless Wednesday, but not quite.

Imagine the scene, if you will, of the events following our beloved country's 1776 Declaration of Independence from the super power across the pond.  The early events in the blossoming war were not very successful for the Americans.  In fact, in the fall of 1776, the British officers Richard Howe and William Howe issued a proclamation from New York City offering a pardon for treasonable acts to anyone who would take an oath of allegiance to the King.

The new states then issued a mandatory oath of allegiance to the new and present government in the spring and early summer of 1777.  In looking at several states, it seems that all white men had to sign the oath of allegiance or be subject to imprisonment or forfeiture of their property or even being exspelled from the area of their residence.  All allegiance to George the Third, King of Great Britain, had to be renounced.  All those suspected of treason or conspiracies were to be made known to the government, as declared by Congress.

Until last night, it had not dawned on me that the oath was a forced oath of allegiance to the Americans.  Gee, I wonder how that went over.  Can you imagine the revolt today if we had to go to court and sign an oath of allegiance to a new government?  Yikes.

Anyway--

Last night's research sent me to the Minutes of the Council of Safety of the state of New Jersey 1777-1778. (Many thanks to the kind volunteer who found the book for me online.)  In reading many of the entries, I was stunned to see how people turned in their neighbors for being suspicious, or dangerous to the present government, or how Quakers were brought in to testify. 

Here is a portion of one man's plight which I thought interesting.  Was he one of the men who had accepted Howe's pardon?

Daniel Hendrickson, who was summoned to appear as a Person suspected of being disaffected and dangerous to the present Government, did accordingly attend, and on Examination acknowledged that he had recd a Protection from the Enemy, which he refused to give up when demanded by the Board....

He refused to take the Oath of Allegiance but was dismissed on account of his good behavior as he prepared for his next appearance before the next Court.  I didn't follow up on this gentleman, so I am unaware if he changed his mind or went to prison for supporting the Crown.

And another one which caught my eye.

The petition of Benjamin Morgan, now in confinement at Morristown, was read, setting forth, That he is desirous to take the Oaths of Abjuration & Allegiance agreeably to Law, and is willing to be circumscribed in his Boundaries & laid under such Penalties as the Board may think necessary; and praying that he may be permitted to return home.

The one I for whom I was searching was found to have appeared July 8, 1777, on a demand of the Council with the charge of being "suspected."  William Honeywell appeared and requested time to think about it.  The Council agreed.  Honeywell returned the next morning and signed the Oath of Allegiance to New Jersey and the United States.  That afternoon, his brother, John Honeywell also appeared and signed the oath.

What must these men have thought?  Their family had been in the colonies since the early 1600s and had never even been to England.  They were born under the Crown, but lived as Americans for generations.  Did they wonder if the Americans would, or could, win the battle against the Crown?  Did they really care?  Were their daily lives affected by all the troops around?  I don't know the answer, but I do know that two of William's children were contacted by the militia to serve.  One of the sons served in place of the other, so only one of his sons has a revolutionary war pension.  So, William did support the American cause.

Even though I have known of the Oaths of Allegiance for many years, it never dawned on me that it was a forced oath of allegiance.  If a man didn't sign it, he stood to lose everything.  Of course, if the British had won the war, he would have most likely lost everything. 

Ahhh, genealogy.  William's declaration of wanting to think about signing the oath reminds me of that immortal classic song by Meatloaf.  I've been humming, "Do you love me?  Will you love me forever?....Let me think on it, baby baby. Let me think on it.  I'll give you an answer in the morning."
And just like the song, grandpa William Honeywell said yes.

©2013 AS Eldredge


Monday, May 07, 2012

Facing Court Martial Twice and Still a Great Believer

How many military personnel have faced a court martial over the years?  While I don't know the answer, I do find it interesting that my 4g-grandpa was under the command of a soldier who lived it, not once, but twice.

In searching for more information on the duties of one of my American Revolution patriot grandpas, I stumbled across an interesting story on his commander. 

Just to set the scene, let's go back to the year 1779 and the Second Pennsylvania Regiment.  My 4g-grandpa was a private in this company during the Revolution and is mentioned as being present at Valley Forge. 

As history has taught us, while there were no battles at Valley Forge, the winter of 1777-78 was a time of hardship for the American patriots.  My grandpa is just one of the many who was sick (according to the muster rolls) during his stay there.  Much has been written on Valley Forge, and it is fascinating to read the stories. 

The Captain of my grandpa's regiment was one Jacob ASHMEAD(1742-1814) who was from Germantown, PA.  When he assumed command of the 2nd PA Regiment, he was charged with recruiting soldiers and forming a light infantry company.

During the attack on Stoney Point, the men of the Light Infantry Brigade were to maintain silence.  ASHMEAD apparently felt his adrenaline go high, and shouted.  For this he faced a court martial and was found guilty of disobeying an order. One of the other leaders on the fateful night at Stoney Point was "Mad" Wayne ANTHONY, who received a medal for the victory of that battle.

ASHMEAD was also later arrested and faced a second court martial for disobeying an order, of which he was acquitted. Interesting in itself as both charges originated with the same man.

In reading the entry which was in the Orderly Book, I find it interesting to note that another officer tried to "excite" the soldiers under ASHMEAD's command and have them not obey the orders.  I wonder what reaction my grandpa had.  Did he fall in to the trap set by the other officer or did he believe in ASHMEAD and his patriotic zeal for America?  While I don't know the answer, and never will, I do know that my grandpa fought under his command.  Can I imagine the scene?  Sure. 

Part of being a family history seeker is to learn all there is about the time and place where ancestors lived.  Learning a bit more about my grandpa's commander makes my grandpa come more alive as I imagine his struggles with wondering which was the right course to take with the Continental Army's commanders.  Did he stand up and shout support for his commander?  I like to think so.

Learn more about Captain Jacob ASHMEAD and his involvement in the Continental Army at the NWTA, the Northwest Territory Alliance.  There is a wonderful 2008 article in the NWTA Courier which provides the details of the court martials.

Also of interest is that there is a definite tie between an ASHMEAD family of Germantown from that era and Dr. Benjamin RUSH, who signed the Declaration of Independence. I haven't taken the time to determine how Jacob ties in to Benjamin. 

For more reading on Jacob ASHMEAD, go to the Historical Society of PA and look at their collections.

Ahh, genealogy.  Those early believers in freedom just make me warm and fuzzy all over.


Sources:
FindaGrave http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=20768108
Moran, Donald, The Storming of Stony Point, Sons of Liberty Chapter, NSSAR, http://www.revolutionarywararchives.org/stonypoint.html
VandePolder, Brian, Captain Jacob Ashmead has a Very Bad Year 1779, NWTA Courier, Sept/Oct 2008, pg 6-7
PA Archives
Orderly Book of Captain Robert Gamble, 1779 http://www.newrivernotes.com/va/gamble1.htm

©2012 AS Eldredge



Monday, May 09, 2011

Eek! She's a "Common Scold"!

Sometimes, reading an old newspaper can bring out the giggles.  This morning, this article about a legal case in the 1869 court system really caught my eye.  After reading it, I wonder who this outspoken woman was.  I also have to wonder if that law was ever taken off the book in Pennsylvania.

A Common Scold


Michael Sweeny, a tavern keeper on Gibbon Street, in the Sixth Ward, made information before the Mayor a few days since against Mrs. Elizabeth CARREL, alleging that she was a "common scold."  This is a term applied by the common law to women, who from a propensity and disposition to quarrel with and scold their neighbors and families become a nuisance in the neighborhood in which they resided, and was punishable by fine and imprisonment.


The offense has never been embodied in our criminal code on account of the gallantry, perhaps, of those who revises it, and out of the the respect they had for American women, yet, notwithstanding its omission from the "catalogue of offenses", the courts have decided it to be an indictable offence in this State, as will be seen by reference to the case of the Commonwealth vs, Mole, reported in Second Smith.


In this case it appears from the testimony that there is some grounds for complaint on the part of the prosecutor, and if the conduct of the defendant at the Mayor's office is any evidence, the charge is well funded.  She was held to bail for her appearance at court.


Ahh, genealogy.  Guess this woman should have been more meek?  Can you imagine being labeled a "common scold"? Guess the standards have changed somewhat since then!

Source:
The Pittsburgh Gazette, Jan 11, 1869, pg8
http://news.google.com/newspapers?nid=NKlx0PmyA3cC&dat=18690111&printsec=frontpage&hl=en

©2011 AS Eldredge