APPENDIX NO. 6: TO THE REPRESENTATIVES OF THE FREEMEN OF THE COMMONWEALTH
OF PENNSYLVANIA, IN GENERAL ASSEMBLY MET:--
THE MEMORIAL AND REMONSTRACNE OF ISAAC HOWELL AND WHITE MATLACK, ON BEHALF
OF THEMSELVES AND OTHERS, WHO HAVE BEEN DISOWNED BY THE PEOPLE CALLED QUAKERS,
ETC., REPSECTFULLY SHEWETH.
Charles Wetherill
Wetherill, Charles. History of The Religious Society of Friends Called
by Some The Free Quakers, in the City of Philadelphia. Philadelphia:
Printed for the Society, 1894, Number 3 of an edition limited to 800 copies,
signed by Charles Wetherill.]
This Document is on The
Quaker Writings Home Page.
That in a law of this state passed on the Thirteenth day of June, 1777,
entitled, "An Act obliging the male white inhabitants of this state to
give assurances of allegiance to the same," etc., it is declared that,
"allegiance and protection are reciprocal, and that those who will not
bear the former, are not (and ought not to be) entitled to the latter:"
the first part of which declaration is the great and solid basis upon which
civil society is established. That the good people of Pennsylvania considering
the said declaration, not as unmeaning words, but as holding out and inviting
all to a most important compact, essential to their well being: and which
on the part of the state, was intended faithfully and inviolably to be
preserved, solemnly gave those "assurances of allegiance,'' which entitled
them to protection. That your memorialists, being among those who have
thus entered this important compact, consider this right of protection
thus gained to be in value beyond estimation. And that as the state is
bound by the most solemn engagements to afford that protection to those
who have given allegiance; so it is the indispensable duty of every man
to claim and assert his title to it whenever any of his rights are invaded.
That your memorialists justly considering this honorable house as the
representatives of the state, from which they were of right entitled to
claim protection, presented their petition, representing in effect, that
great numbers of freemen had been disowned by the people called Quakers,
under various pretences, especially during the struggle of this great revolution,
and stating four distinct cases; viz.
They have been disowned for having given allegiance to the state in
compliance with the laws.
For holding offices under the state, and under the united states.
For bearing of arms in the defence of our invaded country
altho the laws of the state enjoined and required it of
us. And for the payment of taxes required by law.
And they further represented, in effect, that a number of persons so
disowned and cut off from religious communion and fellowship with those
among whom they had been educated, collecting together, and being sensible
of the duty of public worship, agreed to worship apart from those who had
disowned them, in the meeting houses built by our common ancestors, at
such times as not to interrupt or prevent those who had disowned them,
from a common use of the same houses:--That the peaceable means adopted
to obtain for that purpose the use of those meeting houses had been ineffectual,
and treated by the leaders of the monthly meeting of Philadelphia, and
others, with a total disregard: That certain men among them, assumed and
exercised a pretended right to refuse, or tonight as of favour, at their
discretion and pleasure, the internment of the dead in the burying ground
granted in common to their and our ancestors, and gave instances of the
most insulting and intolerable abuse of that assumed power; that the petitioners
were then ready to give the most full, clear, and unequivocal testimony
of each and every fact stated in the said representation. That the said
petitioners conceiving themselves of right entitled to protection, and
their case a new one, "arising out of a great revolution which the laws
have not provided for," and therefore "proper for the consideration of
the legislature," and confiding in the justice and wisdom of the house,
prayed leave to bring in a bill, in effect, to supply the deficiency of
the laws, in a case which had not, and scarce possibly could have been
foreseen, and thereby secure to them the rights and privileges which were
thus withheld from them. A prayer so just and reasonble, it was hoped and
expected would have been readily granted; but the petitioners were abashed
when they read in the minutes of the house, that their petition was "referred
to the committee of grievances;" as if their complaint had been against
officers acting under the government, and abusing the authorities of it.
That your memorialists having seen the "address
and memorial on behalf of the people called Quakers" signed by "John
Drinker, clerk," which has been presented to the general assembly, remark,
that the most material facts stated in the aforesaid petition, are admitted,
and others equivocally denied, that the addressers assert their right of
disowning, threaten to publish the causes for which many of the petitioners
had been disowned, and refer this honorable house to a decision which they
hope the house will think "a just and expedient" answer to our said petition.
Your memorialists will not waste the time of this honourable house
in minute observations upon an address artfully calculated to lead from
the point in question, which is not an enquiry whether religious societies
may disown their members for immoral acts; but whether a religious society,
disowning their members for complying with the laws of their country, in
those great and important points on which its liberty and happiness essentially
and absolutely depend, may at their will and pleasure, withhold from the
persons so disowned, the use of the places of worship, burial grounds,
etc., provided for them by their ancestors: and in case of any society,
under pretence of religion, attempting so to do whether the state is not
bound to make laws to secure those rights to such persons as have given
allegiance to it, and thereby prevent the injustice attempted against them.
How far the quotation from Locke, cited in the address will apply to
these questions, your memorialists are well content that this honourable
house shall decide, without a single remark thereon from us, and on the
threat of publishing the causes of disowning, we shall make no other observation,
than this single truth, that the subscribers to the said petition, are
friends to the revolution, of established character, many of them well
known to the members of this hqnourable house, and have nothing to fear
from such threats.
Your memorialists observe, that the interment of Molesworth, alluded
to in the petition, is said in the address to have been "known to a very
few at the time," but the fact is otherwise: he was interred by a formal
written order, signed by the overseers, and his funeral was attended by
a very great number of the people of that society--which is too notorious
to need proof,--and respecting the fact of their refusing to inter another
person because he had borne arms and been concerned in war, we are ready
to give the clearest evidence; and as to threats of violence in the interment
of two children, it is untrue, and we are ready to shew, that far from
proposing anything of that sort, the first magistrate of the city, was
called upon to witness, that no riot or unlawful violence of any kind was
committed.
The decision referred to in the address, and recommended as a just
and expedient answer from this honourable house to the petitioners, we
hope and confide will be well considered before it is adopted: we pray
leave to recite it; it is in the following words: "And when Gallio was
the deputy of Achaia, the Jews made insurrection with one accord against
Paul, and brought him to the judgment seat; saying, This fellow persuadeth
men to worship God contrary to the law, and when Paul was now about to
open his mouth, Gallio said unto the Jews, if it were a matter of wrong,
or wicked lewdness, O ye Jews, would that I should bear with you. But if
it be a question of words and names, and of your law look ye to it, for
I will be no judge of such matters; and he drave them from the judgment
seat." Acts xviii, 12 to 16.
We ask in what part of our petition have we charged the people called
Quakers with "persuading men to worship God contrary to law," or what "questions
of words and names" have we proposed ? What is there contained in the petition
on which such insinuated charges can in any sort be founded ? the complaint
thereto made is clearly stated to be a "matter of wrong" which Gallio declares
ought to be heard, and we pray leave to make a few short remarks on the
answer recommended.
We ask, what have the petitioners done that should induce the honourable
house to drive them from before it? The sentence of Gallio stands approved
because the Jews had done wrong to Paul; but what wrong have we done to
the addressers? they do not even pretend any: but suppose the case before
Gallio had been parallel with ours: that the Roman empire had been invaded,
that the Jews had countenanced or abetted the enemy, while they were desolating
the country with fire and sword, that Paul born a jew had taken part with
the empire and exposed his life in its defence; that the Jews for that
reason, but under the pretence of religion, had expelled Paul from among
them, and secluded him from the occasional use of the sepulchres of his
ancestors, and other rights descended to him, and that thus circumstanced,
Paul had appealed to Caesar's deputy for protection, and that instead of
affording him protection, Gallio had driven Paul from before the judgment
seat; what would Caesar have said to Gallio for such a flagrant abuse and
foolish violation of his trust? Would not Caesar have put Gallio to death?
If the meeting for sufferings appointed by that part of the people called
Quakers, who have disowned us, think it their duty to offer their advice
to this honourable house, as to what answer it shall give to our petition,
they ought to consider this case. But we should deem ourselves highly criminal,
if we entertained the most distant thought, that this honourable house
would adopt so unjust a sentence.
We have hitherto forborne to urge this matter upon this honourable
house, interesting as it is to us, because of the unusual weight of business
which has pressed upon the house: but we should be wanting in due respect,
if we permitted the subject to remain in its present state, so as to leave
an impression of doubt upon the minds of any, whether this house would
extend to the petitioners that protection to which they are of right so
clearly entitled.
But if those facts stated in the petition, and conceded in the address
and memorial, are not deemed amply sufficient to induce the house to grant
the prayer of the petition, we are ready to prove every fact alleged by
us: and if those are not deemed sufficient, we suggest the following, which
will place the conduct of the leaders of the society of the people called
Quakers, attached to the cause of our enemies in its true point of view:
we say, of the leaders, because it is a well known fact, that a great number
of the independent part of that people, have under peculiar difficulties
arising from their situation and connections, done honour to themselves
by the most spirited efforts in the cause of their country.
Cadwallader Dickinson of Philadelphia was disowned for sitting as a
juryman on the trial of John Roberts and Abraham Carlile, on a charge of
high treason, of which they were convicted, and for which they suffered
death, although he was requested to serve on that duty by a relation of
one of those men. On the other hand the persons so charged, found guilty
and executed, or one of them, were expressly acknowledged to be members
of the said society, and were not disowned for their treason.
We are ready to offer to this honourable house the testimony of a man
of established good reputation, in support of the following fact, viz:
A testimony, as they term it, prepared for disowning a member for bearing
of arms, and read in a meeting of business in Philadelphia, was so expressed
as to censu re the joining of the American army: it was remarked by one
present, that the bearing of arms was a sufficient cause for disowning,
but that the joining of either side in the contest need not make any part
of the charge. To this it was replied, that the person charged, had by
joining the American army, added to the fault of bearing arms, the crimes
of treason and rebellion. Whereupon another person present expressed great
concern, that such a sentiment should be delivered in the meeting, and
at the same time declaring, that he considered the government of the state
to be so far established, as to claim his respect and acknowledgement.
Whereupon an eminent speaker in that society declared "That he hoped there
was not another man in that meeting who entertained a like sentiment; that
he (the person who had expressed that "sentiment) put him in mind of the
vicar of Bray:" here the debate ended and the words censuring the joining
of the American army were continued, as expressing the sentiments of that
people! We have forborne to give the names of the persons concerned in
this transaction, because we do not wish to alledge them as charges against
individuals, but we are ready to give them, whenever we shall be required
so to do.
The public testimonies of those people, published at different times,
are known to all, and need not be here recited; but it is perhaps not known
to many, that those people in their meetings for business, quarterly, half-yearly,
and yearly, put the following query, in effect: Are friends careful not
to defraud the King of his dues? and we believe this query is still continued!
And it is worthy of remark, that, even in the address and memorial to this
honourable house, they avoid any acknowledgement of the right of government,
and speak of them as men "who are in the exercise of the powers of government,"
and yet notwithstanding such strong and full evidences, these people have
the assurance publicly to declare, that "no just cause of offence will
be found against them in the general :" appear before this honourable house,
and not only claim its protection, while they withhold their allegiance
and disclaim the revolution and government; but also claim a right of punishing
those who yield allegiance, by depriving them of their rights descending
from their ancestors.
They have even made it a condition of persons having taken allegiance
to the state, marrying among them, that that allegiance shall be renounced,
and the certificate thereof returned. Of which strange fact we are ready
to give full proof. These men, we say, come before this honourable house,
claim the right of disfranchising hundreds of the freemen of the state,
for having faithfully discharged, in the time of her distress, the great
duties which they owed to their country, and withhold from them their property,
peculiarly valued by all men, and appropriating that property to their
own sole use; and when appeal is made to the legislature of the state,
and protection asked, in terms the most decent and respectful, these men
take upon them to recommend as a "proper" and "expedient" answer that we
should "be driven from before" you, unheard. And, if possible, to add to
the insult, while they withhold our just rights, calmly recommend us to
observe the command, which forbids to "covet that which is our neighbour's."
What people of any age or country, have ever yet been found, who would
suffer their houses of worship, and the bones of their ancestors to be
violated and torn from them without the most desperate resistance? We know
of none. Nor do we know what we have done, or omitted to do, that should
induce any to think that we should on the present occasion, be more tame
and submissive than the most abject of mankind. In order to shew our real
situation we beg leave to recite a recent fact:--a minister of the gospel,
long in high estimation among the people called Quakers, was disowned by
that people in the state of Massachusetts Bay, for no other cause than
for having published, as his opinion, that that people, consistent with
their religious profession may pay their taxes for the stapport of government:
came to this state on a religious visit to those who have been disowned
here, and having appointed a meeting for worship, to be held in the meeting
house at Merion, the key was obtained from the keeper, and the house opened
for that purpose, when two of the leading members of that meeting came
about the time appointed for holding the meeting, locked up the house,
took away the key and prevented the meeting from being held: yet so late
as the years 1777 and 1778, all the meeting houses in the state were opened
to a preacher from England, then here, although it is generally understood
that he considered, and on all occasions, public and private, spoke of
the present revolution as a rebellion. If indeed your memorialists are
mistaken in their claim of right to protection in the enjoyment of the
meeting houses and burial grounds obtained by their ancestors, and that
those of the people called Quakers, who have discountenanced the present
revolution, have a divine right, or any other right, to supercede the law
of the land, and to punish those who pay obedience to it, by depriving
them of any of their rights and privileges, let it be so said: but your
memorialists think it their duty to reiterate the prayer of their former
petition.
"We pray this honourable house, in whose justice and wisdom we confide,
will grant leave to bring in a bill for recognizing the right of persons
disowned by the people called Quakers, to hold in common with others of
that society, the meeting houses, school houses, burying grounds, lots
of land, and other the estates held by that people as a religious society,
and to recognize their right to search, examine, and take copies of the
records, books, and papers of the said society from time to time, for the
purpose of ascertaining descents, and securing their rights and other purposes
as they may have occasion, and to enable those so disowned to purchase
and hold such estates as other religious societies are by law entitled
to hold and enjoy."
And whatever may be the determination of this honourable house in other
respects, they further pray, that this memorial and remonstrance may be
entered upon the journals of the house, in order that hereafter, we may
have recourse to authentic records for proof of our having thus early made
a claim of right, and done everything in our power to do consistent with
the peace of civil society for obtaining a declaration of that right by
law; that from authentic record, the People of Pennsylvania, and the states
in union, the literati of Europe, and posterity, may judge of our situation
and be enabled justly to decide upon such further measures as may hereafter
become necessary to obtain those rights, which we can never consent to
have coercively taken away, or withheld from us.
Signed, ISAAC HOWELL,
WHITE MATLACK.
[FROM AN ANCIENT PRINTED COPY OF THE JOURNAL OF THE HOUSE. THIS
WAS PRESENTED 2ST OF 8TH MONTH, 1782.]