WILLIAM L.CLEMENTS LIBRARY OF AMERICAN HISTORY UNIVERSITY of MICHIGAN AN ACCOUNT OF THE SUFFERINGS and PERSECUTION 0 JOHN CHAMPNEYS, A NATIVE OF CHARLES-TOWN, SOUTH-CAROLINA; INFLICTED BY ORDER OF CONGRESS, For his Refufal to take up Arms in Defence of the arbitra- ry Proceedings carried on by the Rulers of faid Place. TOGETHER WITH HIS PROTEST, LONDON. &c. PRINTED in the YEAR 1778. 20ZEEITH02 LEKEPCALION CO PREFACE. bo PoiIA .au FACTS and dates are ftubborn things. The following pages are a true and genuine account of the fufferings and perfecution of the Subfcriber, by a part of the Ameri- can bunch of kings, thofe pretenders to Liberty; but at the fame time exercifing fuch tyrannical and oppreffive actions, as ought to make thofe people who here ftile themſelves their friends, afhamed. Two of the members of their privy council declared to myſelf and fellow fufferers, that the Habeas Corpus Act was laid afide, and a trial by our equals we were alfo not allow- ed; both of which, on the cafe of Pember- ton and others, the Congrefs now acknow- ledge.-I, like them, have been imprisoned near (ii) near ten months, without any thing alledg- ed against me, after cruelly ranfacking even our papers for fomething criminal against us. All of their Commitments only mention perfons who may be dangerous to the Rights and Liberties of America. ban suit a 016 noitus-hoq bas against -inom od log Chelsea 1 Janey fr John Champneys. bs bne obile biel egy Ag daid words won alvo od: rádio, Ban not tongmi nood ey (4) anibbidiol bus sibi oris fining A N ACCOUNT THE SUFFERINGS and PERSECUTION OF JOHN CHAMPNEYS. I JOHN CHAMPNEYS, a native of Charles-Town, South-Carolina, a true and loyal fubject of his Majefty, King George the Third, did refufe, from the 15th day of November, 1775, ever to take up arms in defence of the arbitrary proceedings carried on by the Rulers of faid place; for which refufal, had a fine of an hundred pounds impofed and levied on me by a feizure and fale of a chaife, my property, on the 2d day of May, 1776, notwithstanding my proteſting B (2) proteſting against the feizure, and forbidding the fale thereof. PROTEST. MA Charles-Town, South Carolina, May, 2, 1776. A feizure being made fix days before of a chaife, my property; and that time ex- pofed to fale, being for a fine of Ninety- nine Pounds currency, for non-atten- dance on guard days, I made the follow- ing Proteft, and gave my reafons for fo doing. 66 66 66 CC 66 66 "I I protest against the feizure of this chaite, and forbid the fale thereof, it be- ing my property, unjustly and unlawful- ly taken from me. The militia law re- quiring me to turn out fix times in a year; I have turned out fince July laft fixty. "Becauſe I don't find a fingle paragraph " in the Militia law that requires even the " inhabitants of Charles-Town, to be un- "der arms the whole day and night, much lefs myfelf, who live in the country, and "have no white man living at my place, "to protect my family in my abience, I being gdiflatong 66 ( 3 ) " 85 mercy being determined never to leave my wife and three young children expofed to the of murderers and robbers. "Becauſe the Congrefs pofitively declar- "ed we fhould be tried by the Militia law, * and no other; and as I have muftered " ten times oftener than the faid law re- "quires, I cannot fee how I can, in regard to that law, be fined. "Becauſe Captain M'Queen never fent *me a warrant to attend but once, and de- "clared that the Militia law muft not now "be minded. For my part, I never will fubmit to any other. "Becauſe, if I fubmit to the impofition " of this fine, I give my confent to be under the arbitrary controul of officers, who may, as often as they think proper, in- *flict the fame fine on me. beredinim 86 "JOHN CHAMPNEYS." The Sale went on, notwithstanding the above declaration, and fold to the higheſt bidder, and the fum of Ninety-nine Pounds paid to Serjeant Smith of the Charles-Town Rangers, the chaife being purchaſed for the account of Mrs. Champneys. After which, I was often threatened to be brought down from my place on Charles- Town B 2 (4) Town neck, five miles diftant from the town, in order to join their rebellious mi- litia, which I as often refufed; but on the 29th of June, (the day after the engage- ment at Sullivan's ifland) was brought down as a common malefactor, by Serjeant John Bird, and four privates, of James Skirring's company of militia, with their guns load- ed, and bayonets fixed, and conducted to William Skirring, as Captain of the day to the ftate houfe, where I was much infulted by Charles Elliott, who faid he would glo- ry to ftand hangman for me, and all fuch fcoundrels who would not take up arms in defence of their liberty; for faying which, he was reprimanded by Colonel James Par- fons, who told me I was his prifoner, and carrying me out, advifed me to do as they did, and to take the oath at that time ad- miniftered, and that I fhould then be dif- charged, but upon my declaring I never would, and that I utterly abhorred their ar- bitrary proceedings, he delivered me to Captain Alexander Moultrie, who convey- aled me to the guard houfe into a room, where Meffrs. James Brifbane, Robert Row- stand, James Carfan, and John Tunno, were confined. In the fame place were feventeen others in different rooms. We were here threatened, in cafe the fleet made another AWOT attack, ( 5 ) attack, that it was determined, pitch,tar, turpentine, and gunpowder, fhould be placed under us to be blown up. On the morning of the 30th, we were guarded to an empty houfe, together with the other feventeen, where we received many infults and bad ufage, often guarded by one, two, and fometimes three negroes. After ftay- ing here a few days, we received the cruel orders to be in readiness to march; one half to George Town, and the other half to Cheeran gaols, giving us only a few hours notice to provide ourſelves with neceffaries, which occafioned five of us to fend a Peti- tion, the other prifoners agreeing to the fame if allowed us. an betaisuposomit on a ni gniautot bac 2007 20 110 N P. ETITION. To his Excellency JOHN RUTLEDGE, Efq; 30 Prefident; HENRY LAURENS, Efq; Vice- Prefident, and the honourable the Mem- bers of the Privy Council. yas Sheweth, od That we, the fubfcribers, being order- ed, on Friday laft, by his Excellency the Prefident, to get ourfelves in readinefs to be marched off to feveral country gaols, at a great (6) great diftance from Charles-town on the next morning, where we would have been ex- pofed to all the dangers of a fickly feafon, to the want of neceffaries to remove or al- leviate diforders incident thereto, befides the hardships we are told we must have, with- out doubt, fubmitted to, marching 25 miles daily, without carriages or horfes provided for us, and a great fcarcity of provifions, with bad water, on the road. On receiving the above information, we were confidering of an addrefs, but the time being fhort, and providentially a gentleman of the honoura- ble Council being feen from a window, was requested to come to us, and informed of particulars: he waited on his Excellency, and returning in a fhort time, acquainted us the order was recalled. "As it is not from any principle of op- pofition, or fentiments inimical to the rights and liberties of this our country, but from principles facred and confcientious that our conduct has been regulated; "And as our numbers are fo few, there can be no apprehenfion of our doing any injury, were we ever fo inclined, having been fo long held up to the notice of the Publick by our confinement, that we fhall be objects of obfervation and attention in our moft fecret conduct and behaviour by all about us. * As (( 78 )) "As many of our fellow fubjects in this and feveral adjoining Colonies have been called on to take an oath of neutrality, we would wish the fame indulgence extended to us, and that we may be permitted to re- turn to our feveral families and concerns: or if this be too great a favour, we hope we will not be fent out of town for con- finement, but permitted to provide accom- modations and conveniences in town for ourfelves, under fecurity, for our peaceable behaviour. We fubmit our cafe to your far- ther confideration, and wait your determi- nation, earneftly praying for the profperity of South Carolina. We are, your Excellency's honour's moft obedient fervants, JAMES BRISBANE, ROBERT ROWAND, JAMES CARSAN, JOHN CHAMPNEYS, JOHN TUNNO. During our ftay at that houfe, we had a bullet fired through one of our windows, which went over the bodies of three men afleep, and lodged about a foot above the head of another. This leaden meffenger occafioned ((8) occafioned the converfion of fix of the pri- foners, who took the oath of allegiance to their government the fame day. About ten days after fending the petiti- on, we again received the fame orders as before: upon receiving which, and on con- fulting with the remaining prifoners, now ten in number, we agreed, rather than be fent to the country gaols at fuch a fickly feafon of the year, to be feparated from our families and friends, and all that we held dear or valuable in the world; and each of us looking on our being fent at that time to be certain death, we agreed to take the oath of allegiance to their faid arbitrary go- vernment. Having informed one of the members of the council of cur determina- tion, we were, on the 21ft of July, 1777, feparately examined before the Prefident and Privy Council, when eight of us were cal- led in, and informed, that our answers were fatisfactory, but that we muſt fhew the reafons of our converfion in writing, which occafioned the fecond Petition; the other two agreeing to the fame, if we were diſcharged. SECOND ( 9 ) 9) SECOND PETITION, To his Excellency JOHN RUTLEDGE, Efq; Prefident, HENRY LAURENS, Efq; Vice- Prefident, and the honourable the Mem- bers of the Privy Council. Sheweth, "That on the 15th inftant we prefent- ed an Addrefs, requefting to be admitted to take an oath of neutrality, or be con- fined in Charles-town, giving fecurity for our peaceable behaviour. Our reafons for making the application were, having been taken up and confined clofe prifoners, and hearing we were deemed enemies to our country, and as fuch to be fent to Cheeraws for further fecurity, without any particular charge made against us. Not obtaining ei- ther, on the 20th, we made application to take the oath, as framed by his Excellency, the Prefident, and the honourable the Pri- vy Council; and being feverally examined, we were informed by the Prefident, that the Council had authorized him to ſay they were fatisfied with the feveral reafons which had been given by us feparately; but hav- ing been taken up as perfons deemed dan- gerous to the community, and as fuch fe- cured, it would be neceffary that fome- thing fhould appear on the council books, and defired we would draw up fome writ- C ing ((10) ing that fhould be judged fatisfactory, to be prefented as this day, fhewing why we de- fired to take the teft oath. nobil "As protection and allegiance are infe- parable, we are defirous to enjoy the pro- tection of our country, and are fatisfied to take the teft of allegiance. We think, as by the prefent conftitu- tion of Britain, the reprefentatives of the people at large are the only givers of their conftituents money; the reprefentatives of the people of America ought to enjoy an equal right; and that any act made in Great Britain, to take the properties of their fellow fubjects in America, (internal- ly) without their confent, to be unjuft; and that any force ufed to compel a compli- ance thereto, oppreffive and dangerous. 01 We requeſt we may be reftored to our families and properties, our rights and liber- ties, and as in duty bound, fhall ever pray for the profperity of Carolina. July 22, 1776. David Swanfon, วา James Wier, James Brisbane, Robert Rowand, John Turnbull, 25 James Carfan, John Champneys. John Ofborn, Thefe four not being figners to the first Petition, was the reafon of figning in this man- ner. bluod gridf Upon ( II ) Upon fending this Petition, four of the figners were diſcharged; and the fame day the other four, together with the remaining two, received orders to prepare for Chee- raws, to march on the 24th, which orders founded in our ears the fame as prepare for death. Seeing nothing now would alter their hard hearts, we were determined, without doing any more, to fubmit, trufting in God for our prefervation and deliverance. We accordingly fet off under the guard of Lieutenant Hext Prioleau, and fixteen men of the light infantry company, and by him delivered to Captain Anthony Bonneau and his men, returning to George-Town, viz. James Brisbane, Robert Rowand, James Carfan, John Tunno, Henry Michie and felf, who delivered us unto Edward Martin, the fheriff of George-Town, according to his order, as by our commitment. sd COMMITMENT.VA "The prifoners are to be conveyed and delivered, together with this order, to the "fheriff of George-town, who is to confine "them (and have great care taken that they "do not efcape) in the gaol at that town, till further orders from the prefident and commander in chief of this colony, they being perfons whofe going at large may EC 66 C 2 "be ( 12 ) "be dangerous to the liberties of Ameri- 66 ca, and the fafety of this colony. July 24, 1776. JOHN RUTLEDGE." Here we remained fourteen days as con- tendedly as our hard fate and cruel ufage would permit, not being allowed to have a candle, or to be from under the lock and iron bars. We then received orders for three of us to be marched to Cheeraws. ORDER to Captain GEORGE KING. "Captain George King, you are com- "manded to take the bodies of James Car- "fan, John Champneys, and Harry Michie, "to carry to the Cheeraws Long Bluff gaol: in the mean time you are to uſe "thofe gentlemen as ftate prifoners; you fhall keep a true copy of your orders and "behaviour to the faid parties. Aug. 2, 1776. JOHN RUTLEDGE." The faid King conducted us from faid gaol, agreeable to his orders, having with him a ferjeant and fixteen privates. We arrived in four days at our deftined place, and were delivered to William Henry Harrington, the fheriff, agreeable to two Commitments, as follows: FIRST ( 14 ) FIRST COMMITMENT. "The fheriff for Cheeraws diftrict will "receive and detain, in the gaol of faid dif- "trict, Harry Michie, John Champneys, "and James Carfan, perfons whofe going at large is dangerous to the liberties of "America, and the fafety of this colony. Aug. 2, 1776. JOHN RUTLEDGE." 66 SECOND COMMITMENT. "The ftate prifoners fent to Cheraws "gaol are to be treated with humanity, and kept only under the reſtraint neceffary to "prevent their efcape, their confinement being intended only to fecure them, and "prevent their efcape, and prevent their going at large. Yo 66 Aug. 6, 1776. "JOHN RUTLEDGE." The latter end of October I had the mis- fortune of lofing a fon about fix years old; and being deprived of the gloomy fatisfac- tion of paying the laft fad offices of a fond father to a much-loved fon; and my family being at the fame time in great diftrefs, oc- cafioned my writing the following letter to the prefident: "May it pleaſe your Excellency, "I am informed that the General Af fembly of this Province have entered into Jonas the ( 14 ) the following Refolutions refpecting ſtate prifoners, viz. ift. To be releafed on taking the oath. 2d. To have liberty to depart this ftate. 3d. To enlarge them, as far as your Ex- cellency and the Privy Council think con- A fiftent with the fafety of the ftate.m A "In regard to the firft, I cannot take it; I offered once to do it, rather than be fent up to the country gaols at fuch a fickly fea- fon of the year as we were fent, and to be deprived of the fatisfaction of being with my family. I was not then believed to be fincere, much lefs would I be now. "The fecond Refolution I cannot com- ply with, as I have many creditors to fatis- fy; and if my whole eftate (which was once a good one) was at this time to be fold, it would not pay my principal creditor; therefore, in order to do juftice to all of them, I would choofe to ftay; and if I was to go at this time, I fhould have nothing left for my family to fubfift on. "The third Refolution, if agreeable to you, and I am allowed only the bounds of my own place on Charles-town neck, either on my own parole, or on giving fecurity for a quiet and peaceable behaviour, my family and bufinefs requiring my prefence there, having lately loft one of my fons; and as I cannot ( 15 ) cannot take an active part in the caufe of America, I will engage to do nothing con- trary to it. "I am your Excellency's Cheraw gaol," most humble fervant, Od. 29, 1776. To His Excellency John Rutledge, Efq. 91 e JOHN CHAMPNEYS." as beno ed o: " long wos I received no answer to this letter, only a verbal one by the fheriff, that myſelf and my two fellow prifoners might be releaſed on taking the teft oath, which had been of- fered to us by him a few days before, and then refufed. On the 23d of December, at Weight o'clock at night, the theriff, attended by Captain Abel Kolb, with cutteaus, and three privates, with guns loaded, fearched our perfons and baggage, and took from us all our letters and papers, moft of which were wrote by our families, acquaintances, and fellow prifoners at George-town gaol, it being imagined fome perfons held a trea- fonable correfpondence with us, and that we had poifoned the minds of the people in that diftrict. He immediately, after taking the papers and letters from us, ordered us up ftairs to the criminals rooms, to be cloſe- ly confined, and no permiffion to come down, although the weather was extreme- 26 SI ly as ( 16 ) ly cold, and no fire. Here we remained un- til the 15th day of January 1777, and were then conducted to Charles-town gaol as per commitment. mai COMMITMENT. Meffrs. Carfan, Champneys, and Michie, "to be confined as ftate prifoners in Charles- " town gaol. To CC JOHN RUTLEDGE." The Keeper of Charles-town gaol. On the 24th of February, the oath of allegiance and abjuration was tendered to us and refufed; by which refufal we were compelled to leave the province in fixty days, not permitting me to go beyond the threshold of the door, although I had ma- ny out-ftanding debts, above three thouſand pounds fterling on my books, and had much other bufinefs to fettle; and alfo had a large fale of part of my eftate, at which I was not allowed to attend, which occafioned the following GR PROTEST. "Although I have advertifed my whole eftate to be fold, part on the 25th day of this month, and partly on the 9th of April next, ( 17 ) next; yet ftill it is against my inclination, and muft therefore make this my Proteft; and I do accordingly proteft against the Prefident, the Privy Council, Legiflative Council, and General Affembly of the State of South Carolina, who oblige me to faid fale, as their very law fays that all my debts must first be paid, before I can carry any thing with me; and as I have many large debts to pay, which cannot be done without felling my faid eftate, though to a manifeft difadvan- tage; therefore, whatever damage do ac- crue to me on faid fale, I do folemnly alledge. it to the above powers, who oblige me to it. "I alfo proteft against the above powers, against all militia officers, who have had any charge over me, in particular againft Colonel James Parfons, who was Colonel of the day of the 29th of June laft, againſt William Skirving, who was the Captain that fent to my houfe for me, and againft Alexander Moultrie, who was the Captain that carried me to the guard-houfe, againft all Sheriffs, who have had me in their pof- feffion, and againft their gaolers. In parti- cular, against William Henry Harrington and Abel Kolb, who feized, and by force of arms, robbed me of my papers at Chee- raw-Long-Bluff gaol, and againft all and D every ( 18 ) every perfon concerned in my cruel, wan- ton, unjuft, and unlawful impriſonment. "I proteft againft the faid powers for all my loffes in my property, in my business, in my outstanding debts, and for my total ftagnation of bufinefs. "I proteft alfo against the act lately paf- fed, and the propofers, aiders, or abettors of faid act, for defiring an oath of abjuration and allegiance, to be tendered to particular perfons, one of whom I am, by refufing of which I am compelled to the above fales, to be banished from this my native country, and to leave my outstanding debts uncollect- ed, not even being permitted to fet my foot out of the threshold of the door, although that very act declared we fhould have full liberty of fettling our affairs, which was impoffible to be done while in gaol. 24th of March, 1777. Witneffes, JOHN CHAMPNEYS. (L. S.) WILLIAM STACEY, JAMES CARSAN, ALEX. PORTERFIELD, HARRY MICHIE. This proteft, as no notary publick could be had to make it, was obliged to have it wrote and witneffed by fome of my fellow prifoners in Charles-Town, whofe hand- writing can be proved in England. On ( 19 ) On the 17th of April I was difcharged from Charles-Town gaol, having, previous to that date, taken my paffage for France, for myfelf, my wife, two children, a negroe boy, my family pictures, and wearing appa- rel, and only about fixteen pounds ſterling, leaving behind me, if I had juftice done me, about ten thousand pounds fterling more than will pay all my debts. This is a juft and true account of my fuffer- ings, endured for my fidelity to my lawful fo- vereign, and the beft of governments; to which, although I never took an oath of alle- giance, yet being born under, and protected by it, I have done my duty, being formerly bleft, with living under a conftitution, where no man was afraid or imprifoned, except for the tranfgreffion of his country's laws, for the due obfervance of which I have had my property deftroyed, even the very found- ations and pavements of my cellars carried away, my bufinefs loft, my family fubjected to many infults, inconveniencies, and hard ufage, during my feparation from them; my perfon imprifoned, and dragged about from gaol to gaol, without any form of trial, or any particular charge made against me, and at laft banished, under the fevere penalty of being guilty of treafon, and fuffering death I as ( 20 ) as a traitor, upon returning to my native country. JOHN CHAMPNEYS. Charles-Town harbour,2 24th of April, 1777. S ERRATA.-In Page 4, lines 7 and 10, inflead of Skir ring, read Skirving. C 1778 Champneys, John Ch