A LIST OF THOSE TORIES WHO TOOK PART WITH GREAT-BRITAIN, In the Revolutionary War , AND WERE ATTAINTED OF HIGH TREASON, COMMONLY CALLED THE BLACK LIST! To v/nicn is prefixed The legal opinions op ATTORNEY GENERALS, Me. KEAN & DALLAS, PHILADELPHIA : printed for the proprietor , 1802. > . ... . AN ALPHABETICAL LIST OF ALL PERSONS ATTAINTED OF HIGH TREASON, IN PURSUANCE OF THE TREASON LAWS OF PENNSYLVANIA. THE LEGAL QUALIFICATIONS OF VOTERS. See Read’j digejl, page too, fed. I. See alfo the ad of February lgth. 1799- (Vol. 4th. page 332.) Firji, that he is a natural born citizen of this ftate, or was fettled therein on the twenty-eighth day of September, one thoufand feven hundred and feventy-fix ; or, having been a foreigner , who fmce that timecame to fettle therein, he hath taken an oath or affirmation of allegiance to the fame, on or before the twenty-fixth day of March, one thoufand feven hundred and ninety, agreeably to the then exifting conftitution and laws $ or, fe- 4 candly , that he is a natural born citizen of fome other of the United States, or had been lawfully- admitted or recognized as a citizen of. fome one of the faid dates, on or before the twenty-fixth day of March, one thoufand feven hundred and ninety ; or thirdly , that having been a foreigner or alien, he hath been naturalized conformably to the laws of the United States. That as evidence of his being naturalized agreeably to the laws of the United States, he (hall produce a certificate there- of, under the feal of the court wherein fuch na- turalization took place ; that as evidence of his being a natural born citizen of this ftate, or refident therein, on the twenty-eighth day of September, one thoufand feven hundred and feventy-fix, or a natural born citizen of fome other of the United States, if required by any Infpe&or or Judge of the election, he (lull be examined on his oath or affirmation ; that as evidence of his having taken an oath or affirmation of allegiance to this ftate, on or before the twenty-fixth day of March, one thoufand feven hundred and ninety; or, of having been lawfully admitted, or recognized as a citizen of fome other of the United States, on or before the faid day, if required by an Infpector or Judge of the election, he (hall produce a certificate in due form, from fome Judge, Prothono ary, or Clerk of a court. Mayor, Aldermart, Recorder or Juf- tice of the Peace ; or (hall be examined on his oath or affirmation ; and if by fuch certificate or examination as aforefaid, it (hall appear that he is a citizen of this ftate, qualified to eleft, agreeably to_ the pro> iiions of this ad, his vote (hail be re- ceived by the infpector of the Townfhip, Ward or Diftrict, in which he refides. r\ The Legal Opinion of Mejfrs. Dallas and Me. Kean, on the Duty of InjpeElors of Elections, and qualif cation of Voters. We are of opinion, that the officers of the Elec- tion have a right, and are in duty bound, to af- certain, by every legal teft, the qualification of the Eleftors ; and that the vote of an Elector, who refufes to depofe, or affirm, to his qualifica- tions, upon a queftion, that does not tend to criminate himfelf may be, and ought to be re- jetted. We are of opinion, any inhabitant of Pennfyl- vania, (whether a native or not,) who made his choice to the Britilh caufe at the commencement of the Revolution, thereby became a Britilh fub- jett, and that fuch choice might be manifefted by joining the Britilh forces, or taking an oath of allegiance to the king of Great Britain. We are of opinion, that in order to afeertain, whether an Elettor is a Britilh fubjett, or an American citizen, upon the principle above ftated, the officers of the Elettion may, and if they doubt, muft afk him, whether during the Revolution, he joined the Britilh forces, or took the oath of allegiance, to the king of Great-Britain, and at what period ? Nor, can fuch a queftion tend, in our opinion, to criminate him. We are of opinion, that no man who has been attainted during the American Revolution can be entitled to vote at an elettion, unlefs the attainder has been reverfed, or a pardon has been granted, by the proper authority of the government. A. J. DALLAS, J. B. Me. KEAN. Philadelphia, October 12th. 1801. 6 QUESTION, Are thofe perfons who took the Oath or Affir- mation of Allegiance, or joined and adhered to the king of Great-Britain, after the 4th. day of July 177S, and now refident in Pennfylvania, to be confidered as Citizens of Pennfylvania, anden- titled to eledt or be elected members of Affembly, &c. ? ANSWER. Upon every change of government, by a major- ity of the citizens, either, by the formation of a new fyftem of government, or the refolution of the citizens, to fubmit to a foreign power, or no longer to be fubjedt to a monarch, thofe who are averfe to the change or difapprove the fyftem adopted by the majority, have a right to leave the fociety and fettle elfewhere. The eledtion to ex- patriate muft however be made within a reafonable time, and once made the party cannot regain the rights of a citizen, without complying with the forms preferibed for the naturalization of fo- reigners, by the fociety which he has deferted. The election may be evinced, by the declaration of the party, by an adt of the party, as by a depar- ture and joining another ftate, by taking an oath of Allegiance to, or aiding, or affifting another ftate, at war with the ftate or fociety he has left} but thofe who continue to refide and exercife the rights and privileges of a citizen, after a reafon- ble time allowed for their departure, are confider- ed as haying made their election to fubmit, and owe allegiance, to the government in which they f ! I refide, and cannot afterwards expatriate them- felves, jlagrante hello , by taking an Oath of Alle- giance to or joining the enemy. Previous to the Declaration of Independence we were in a ft ate of civil war, then each individual had a right to choofe his fide, after that aft we af- fumed the character of an independent nation, the majority of the people refilling longer to be fub- jeft to a monarchical government, 3 till the for- mation and organization of the State govern- ments, any individual was at liberty to make his eleftion The government of Pennfylvania may be confidered as completely organized on the nth February, 1777; when an act paffed, declaring who fhould owe allegiance to Pennfylvania, and what fhould be treafon. It may therefore be proper to fubdivide the queftion and confider, 1 . The fituation of thofe who previous to the nth February 1 777, adhered to the King of Great- Britain. 2. The fituation of thofe who, after that time, took the oath of allegiance, or joined the Bridfn and have been attainted of high treafon. 3. Of thofe who after nth February 1777, took the oath of allegiance to, or joined the Bri- tilh armies, and were not attainted of treafon. 1. With refpeft to thofe who, previous to Feb. ix, ’77, made their eleftion, and adhered to the Britifh, I conceive there can be no doubt, they be- came Britifti fubj efts/and could not afterwards be- come citizens of Pennfylvania, but by complying with the forms, &c. preferibed in the afts for the naturalization of foreigners. This principle feems to be fettled by cafe of the Commonwealth againft Chapman, determined in the fupreme Court of Pennfylvania, in April 1781. 8 . - 2 ' , W “ h i e ? ard t0 thofe who after Feb. V- joined the Britifh, and were, attainted of treafon* w here the attainder has not been reverfed or a pai don procured, they cannot be confidered as leftored to the rights of citizenfhip. The treaty of peace did not operate as a reverfal of the at inder nor as a pardon, but only pro^efts the t V 4.1 C t ^ 1 7 r< ^ c * a ^ s ’ who after the nth Feb Great%ritii'n . of to the King of were the armies, “and expatriated, S t “ ™ s r ,- ,h f 4 ™ fafe eleventh feK'of 'afiS'rth D pfc ‘ By ' ,le enafted that thofe who had taken tE'n .’i 778, ii-' 3 nation of Allegiance to the S 'a" or affir - SW' i* -Ki. S: J- B. Me. KEAN. AN ALPHABETICAL LIST OF ALL PERSONS ATTANTED OF HIGH TREASON, IN PURSUANCE OF THE TREASON LAWS OF THE STATE OF PENNSYLVANIA. Allen John, died before the Allen James, furrendered day limited for the fur - and died. Allen Ifaac, Adams Jfehn, Arthur Peter, Apfden Matthias, Arnold Benedict, Anderfon Stephen, Adams Jonathan, dif- Adams Sufanna, Anderfon William. render, Allen Andrew, Allen William, junr. Auftin William, Armftrong Francis, Armftrong William, Airey John, Afhbridge Aaron, charged by Sup. Court. Andrews William, Biddle John, Bartram Alexander, Biles Samuel, Bulla Thomas, Braken James, Brooks Boyer, fur render- and dif charged. ed and difchared. Bell Samuel, Badge Thomas, Burk Ifaac, Bulla John, Burns Thomas, Bray John, Bell William, Bramhall Thomas, Brown James, Brown John , furrendered Burd John, v and dif charged. Burr Hudfon, Buckingham John, Burkett John, Bolton Jofeph, tried and Burk John, acquitted. Burge David, Butcher John, Barrow Samuel, Bryan Joel, furrendered. Bartelt John, Burns George, Booth Benjamin, Balderflone Mordecai, Bond Phineas. B Barton Thomas, do. Bean Jeffe, do. Buflington Jacob, Bullock Ifaac, Burnet John, furrendered do. 10 Brown William, Burrows Samuel, Boatman George, Brown Benjamin, car- penter, furrendcred and dif charged. Briggs George, do. Carlifle Abraham, Clifton Alfred, Brown George, Boyer Jacob, Bare Abraham, Buffington Jofhua, tried and acquitted. Buffington Richard, Blackford Martin, Canby Thomas, Campbell Arthur, Clifton William,' furren- Chapman Samuel, tried /■/ xfv.'t si >7 7* /V 7 f ? and acquitted. Chapman Amos, Chapman Abraham, Chapman David, dark Abraham, furren- dered and difeharged. Chapter Jacob, Caldwell William, Clark William, dered and difeharged. Compton William, do. Corry Robert, do. Chrifty William, Carver Nathan, Cunrad Robert, Coxe Daniel, Chalmers James, Couper Robert, vvultitlI1 Chevalier John, furren - Crickly Michael, dered and difeharged. Curiam William, Club James, Croghan George, Cunningham John, fur - dered and difeharged. rendered and difeharged Colfton John Curry Rofs, Comely Jofeph, Craig James, furrendcred Campbel John, and dijchargecl. Campbel William, Conner Michael, Campbel Peter, Coley Robert, junr. Clark John, Cable John , furrendered Crochfon Dennis, and difeharged. Corker William, Canby Jofeph, Corbet Alexander. Buche Jacob, jum. De Normandie William, Defhong Peter, tried and Davis William, tried and acquitted. acquitted. Dawfon David, Davis George, Peleplam James, furren - Dunn William dered and difeharged. Dunn Malin, Davis James, do. Dunn George, furrender- Davis Benjamin, ed and difchargtd. Dove Robert, furrendered Dennis John, and df charged. Doan Jofeph, Dennis Henry, • Dennis John, Doble Jofeph, De Normandie Andr Delong James, Dolfton Ifaac, ' Dolfton Matthew, Dolfton Ifaac, junr. Duna George, Evans Abel, Eve Qf\vald, Evans Uriel, Evans William, Evans Joel, Eaiton Dennis, El wood J ohn , tried, con. viftcd and -pardoned. . Edwards Jofeph, furren. dercd and difchargcd. Effin ger Henry, junr. Elliot Matthew, Evans William, Evans John, Elliott Andrew, Enfor George, Eddy Charles, Eddy Thomas, Erwin Edward, Touts Chriftjan, Fields Daniel, Fergufon fjpgh Henry, Fields Gilbert, Fifher Coleman,; Turner Morris, Fiffier James, furrendered Furner Edward, and difchargtd . Falkenftine Jacob, Fegen Lawrence, Fleming Law, Fell William, Fox John, Featherly Thomas, Fairlamb Samuel, Falkenftone Abraham, Fincher Benjamin, Furfuer Andrew, Fox Jofeph, Fields George, Galloway Jofeph, Griffith Evan, Garrigues Samuel, the Green Ifaac, junr. elder, tried and anquit- Gibbs Benjamin, furren - ted- clered and dj charged. Gregfon James, do. Gorman Enoch, do. Gregory David, Girty Simon, Gelmore James, Green Thomas, Gofling John, furrender- Gibfon Edward, ed and difcharged. 12 U Good George, Gorman James, furren. Gimol h. award, furren « dered and difchctrged. ed and dif charged. Grefwold Jofeph, ' Giil Jofeph, Gordon Thomas, Gordon Henry, Givin H ugh, Hicks Gilbert, Howell John Hook Chriftian Hendrickfon Jeremiah, Hanlon Edward, Harvey John Hovendon Richard, Hill Henry, Holder John, tried andHams Caleb, acquitted. Hart Samuel, Ho' der rv ° b ’ Hartnet J ames, tried and Ho. Jer George, acquitted. Holt zmger Ingeiholt, Henry William, Humphreys James, fenr. Hardy Peter, Jur rendered and dfehar- Hughes Uriah, surrender - T T ed, arid dif charred TW iu hn ’, r do - Hutchinfon Ifaac, Hart Chamlefs do. Hutchinfon Thomas, Howard Peter do. Hutchinfon Marmadukc liathe Andiew, tried and Hare Jacob, acquitted. Hare Michael, Huntlmanjohn, Hill Patrick, Hurft 1 imothy, Hutchinfon John, Hales John Harvey Samuel, Henderfon John, Houfecker Nicholas, Hill John, surrendered and Hughes Thomas, use surged. Humphr ies James, jur. Iredale ^ D ™*>Mendered. James Jacob, Irwin Alexander, James Abel Surrendered Inglis James, and dtj charged, Jones Edward, Johnflon John, Jones Jonathan, Irwin Dunning, Jones Jelfe, Jefferies Samuel, furren- Jones Daniel, dered, and difeharged. Jones Holton, Jounkin Henry, Jones Hush, James Benjamin, ^ * 13 Ink John, Janes Daniel, Irwin Francis, Jackfon John. Keen Reynold, Pardon- Kennett Levy, ed by ah of AJfembly. Kennedy William, Kucker Ludwick,/Mm?n- Kiffack Robert, dered and dif charged, Kilby Lawrence, Knight Jofhua, Kennard Jofeph, Knight John, King J ofeph, Knight Ifaac, ur~endcr- Keffelmun Frederick, far- ed and difcharged. rendered and difcbared. Roller Samuel, Knapper George, Roller John, Kearlley John, Knight Nicholas, Kennard Jofeph. Leveilly Thomas, furren- Lindon Hugh, dered and difcharged . Lindy Uriah, Love William, Long Abraham, Lille Henry, fcrrendered hzwton James, and difcharged. Loughborough John, Lille John, furrendered Little James, and difcharged. Land Robert, Lille Robert, furrender- Land John, do. Proctor Jofhua, Palmer John, do. ’ Rankin James, Roberts John, Rankin John, Roberts Owen, Reine George, Reine John, Rofs Maicom, Roker Thomas, Romigh Jacob, Rodgers John, Rickey Alexander, Regiller Daniel, furren- dered and difehar ved. Rymcl John, Rofs William, Ruffel Matthew, Him t % , ^unel Matthew, Rhoden William, ed and difcharged. Roberts Nathan, Robefon Peter, do. R obefon Jol ™> *5 Robefon Jonathan, junr. Rundle Daniel furrender . Roberts John, (Labour- ed and difcharged. er.) Reid John, Roberts John, (Smith) Rofs Alexander, Richardfon Jacob furren- Rankin William, dered and difcharged. Story Enoch, Stephenfon James, Smith John, Skyles Henry, Swanwick John, Sutton Jofeph, Spangler George, Saur Peter, Styer Stephen, furrender- e ! and difcharged . Skelton William, •Stackhoufe John, Sanderfon Francis, fur - Stackhoufe John, rendered and difcharged. Swift Jofeph, Sproat David, Stroud Wflliam, ftrren- Story 1 homas, furren - derep and difcharged. dered and difcharged. Supp lee John, do, igno- Stephens James, tried ramus bill. and acquitted. Smith William, do. Stedman Charles, junn Spering John, Shepherd John, Stackhoufe John, Sutter Peter, furrender edStAckhoxsit Robert, and difeha'i ged. Snyder Peter, Saur Chriftopher junr. Smith Alexander, Saur Chriftopher, fenr. Smith William Drewett, Shoemaker Jofeph, fur- Stedman Alexander, rendered and difcharged-. Silkod Thomas, Supplee Enoch, Shaw Johnathan, Styger Stephen, fur- Smith Andrew furren * rendered and df charged. dered and difehaned. pj* — i j_ p.'h 11 t , J * Stiles Edward, do. Swanwick Richard, Skyies Henry, Smither James, Stanlbury Jofeph, fur / rendered and difcharged. Shoemaker Samuel Thomas Arthur, Talbot - John, Thomas Jofeph, Trego Jacob, Thomas William, Thomfon Jofhua, Stillwell John, Stualks Henry, Strininger Henry, Sinclair George, Simpfon William, J Thomas Jolhua, littjy Benjamin, Town Benjamin, Taylor William, Taylor William, Tolly John, Jhomfon David, Taylor John, 16 Taylor John, Thomas Arthur, Todd Cortland, Taylor Ifacc, Talbert James, Thomas Evans, Turner John. Vernon Nathaniel, Vernon Nathaniel, junr. Verner Frederick, Vernon Gideon, Vernor Elias, Vaughan John, Voglit Chriftian. Walton Albinfon, Willet Walter, Wilfon John, Witman Michael, Wharton .Carpenter, Wharton Ifaac, Welflang Henry, Williams William, William Ephraim, Wilfon Chriftopher. Worral Ifaiah, Wood Mofes, Willis William, Willis Richard, Wilfon John, Young John, ' Yeldall Anthony, York Thomas, White Robert, Warrel James, Wright William, Wefton Richard, Weitner George, Wertman Philip Georce Williams Daniel, S Walker Ifaac. Warder John, Wain James, Worthington Jofeph, Weft William junr. Wright John, Wright Jonathan, Young David, Yeldall Anthony, Secretary's Office , Lancaster , t t'v r \ September 18 tb. 1802 . the foregoing i 8 a^m JcoV” a“l{ concern > tha on file, in the faid Offir ® ri S* na ^ remainin; .i«d»y a nd%„w a r d r w,,n ' & hMd - »<> <•» T - M - THOMPSON. S £ c. w t that ning feal ■ 1 - ^ f\ rt 0£- A (>320 1 3