William Rotch
Memorandum, Continued...
part 3
I then laid before him the state of our captured seamen, that all
the exchange of prisoners at that time was partial, that as we made
no prisoniers, we had none to exchange, consequently ours remained
in the Prison Ships until they mostly died. On his understanding
the reasonableness of the request, he ordered that all our men
should be released that were not taken in armed vessels (for such
we had no right to apply) and that it should not be so in future as
long as he had command.
We also applied to Sir Henry Clinton through one of his Aids.
(Major Andre that fine young man who lost his life as a Spy.) We
could get no written order from him, but he intimated that he
would direct that those in his department should not molest us,
which no doubt he did, as they gave over their expedition, and we
had a little quiet, until Sir George Collier’s command was super-
ceded by the arrival of Admiral Arbuthnot, and the shaving mills
then came upon us.
Timothy Edger was then sent to New York, and he obtained a
like Order as that from Sir George Collier. Added to this, he got
Permits for a few vessels, about fifteen, to whale on our Coast,
which were successful, but it was with great difficulty that dis-
tinction could be made between British and American armed
vessels, as the latter would make prize of us if British Permits
were found.
I now come to the most trying scene in my experience during the
War, -- which was being with four others impeached for High
Treason by Thomas Jenkins, where there was no step between
being clear, and death.
The laws of this state at that time made it high treason for any
person to go to a British Port without the consent of the Court.
We were well assured that if we applied we should be refused,
and if we did not apply to the British, we should from every appearance
be destroyed by them. Under serious consideration I was
willing to be joined to the two others before mentioned and pro-
ceed, as with our lives in our hands. This was made one of the great
charges among others in the Impeachment, a copy of which will be
annexed.
We were examined before a Committee of the Court on the Impeachment,
but knowing we were to appear again when the wit-
nesses should attend. We made no defence, which we afterwards
found was an error in judgment.
By this means the Court thought us guilty, and were about
making out an Order to the Grand Jury, to find a Bill against us and
commit us to Prison, which if it had taken place would have been
in the severe winter of 1780.
But happily my much valued friend Walter Spooner Esqr, a
member of the Court, just then arrived, perceived the business be-
fore the Court, and came to us for information. We told him we
had reserved our defence for the second examination, he consid-
ered us in an error, and said we must send for Jenkins who resided
at Lynn, and have another examination, and he would get the Court
to stay their proceeding until this should be done.
We accordingly all met before the Committee, General Ward a
worthy character in the Chair.
It was put to me first to answer to the high charges. (When I
rose he politely told me I need not rise -- I thanked him, but my
heart was so full that my tongue seemed incapable of utterance
while sitting.) I answered to the charges in such a manner as fully
to convince the Committee of our innocence -- When it was
finished, the Chairman, I have no doubt from a desire to put our
minds at ease, asked me when we expected to return home -- I re-
plied that he could better judge of that than I could -- (being now
in custody) -- He then asked me if I would take the subpoenas for
the witnesses to Nantucket, and deliver them to the sheriff. This
was also to console our minds. I answered in the affirmative if he
thought proper to entrust me with them. I accordingly took and
delivered them.
In the spring following we appeared again with Twelve out of
Twenty witnesses, who were all I could get to attend, and then had
another full examination.
Before we entered upon it I desired liberty to ask Jenkins a
question, which was granted. Some of his friends had propagated a
report, that I had offered him money, if he would withdraw his
Complaint. I then put the question to him, whether I had ever
made him any offer of the kind -- But it irritated him -- I therefore
went no further in a question to him, but desired liberty to make
my declaration, before we entered on the charges in the complaint,
which was readily granted. I then said, "I now declare in the most
solemn manner, that I never have, directly or indirectly, by myself,
or by any person for me, proposed or offered one farthing to
Thomas Jenkins to withdraw, or in any way to mitigate the charges
in his complaint now exhibited."
I looked over the charges, and made my Defence Article by
Article -- and when I had gone through the whole, I observed to
the Committee, that if I had not answered clearly to their satisfaction
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