Capt. Smith, although in no wise engaged in this transaction, nor yet approving it, was nevertheless so indignant that an offence against the civil authorities, should be attempted to be punished by a military tribunal, that he resolved on effecting their release. To accomplish this, he collected eighteen of his “Black boys,” in whom he knew he could confide; and marched along the main road in the direction of Fort Bedford. On his way to that place, he did not attempt to conceal his object, but freely told to every one who enquired, that he was going to take Fort Bedford. On the evening of the second day of their march, they arrived at the crossings of Juniata, (14 miles from Bedford) and erected tents as if they intended encamping there all night.
Previous to this, Capt. Smith had communicated his intention to Mr. William Thompson (who lived in Bedford and on whom he could rely,) and prevailed on him to obtain what information he could as to the effect produced in the garrison by the preparations which he was making for its attack; and acquaint him with it. That he might be enabled to do this with greater certainty, a place and hour were appointed at which Capt. Smith would meet him.
About 11 o’clock at night the march was resumed, and moving briskly they arrived near to Bedford, where they met Thompson; who communicated to them the fact, that the garrison had been apprized of their object that in 113 consequence of having heard from them on the preceding evening, at the Crossings of Juniata, it was not expected they would arrive before mid-day, that their number was known, and the enterprise ridiculed. Thompson then returned to Bedford, and the party moved silently under covert of the banks of the river, ’till they approached near to the Fort, where they lay concealed, awaiting the opening of the gate. About day light Thompson apprised them that the guard had thrown open the gate, and were taking their morning’s dram; that the arms were stacked not far from the entrance into the Fort, and three centinels on the wall.
Upon hearing these things, Capt. Smith with his men rushed rapidly to the Fort, and the morning being misty, were not discovered ’till they had reached the gate. At that instant the centinels fired their guns and gave the alarm; but Capt. Smith and his men took possession of the arms, and raised a loud shout, before the soldiers of the garrison could learn the cause of the alarm, or get to the scene of action.
[86] Having thus obtained possession of the Fort, Capt. Smith had the prisoners released from the guardhouse, and compelling a blacksmith to knock off their irons, left the Fort with them and returned to Conococheaque. “This, Capt. Smith says, was the first British fort in America, taken by what they called American rebels.”
Some time after this, an attempt was made to apprehend Capt. Smith, as he was proceeding to survey and locate land on the Youghogany river. In the encounter which succeeded, a man (by the name of Johnson) was killed; and the murder being charged on Smith, he was confined for a time in Bedford jail; but fearing a release, the civil authority sent him privately through the wilderness to Carlisle, to await a trial for the alledged offence. On hearing this, upwards of three hundred persons (among whom were his old “Black boys,”) proceeded to Carlisle to effect a rescue; and were only prevented the accomplishment of their object, by the solicitation of Smith himself. He 114 knew his innocence, and preferred awaiting a trial; and how willing soever he might have been to oppose any encroachments of the military, he held in just abhorrence, an opposition to the civil authority of his country. He was put on his trial and acquitted.[9]
[87] Events such as those which have been narrated, serve to shew the state of things which existed at that day; and to point out the evils necessarily resulting, from an absence of municipal regulations. Man, in every station and condition of life, requires the controlling hand of civil power, to confine him in his proper sphere, and to check every advance of invasion, on the rights of others. Unrestrained liberty speedily degenerates into licentiousness. Without the necessary curbs and restraints of law, men would relapse into a state of nature; [88] and although the obligations of justice (the basis of society) be natural obligations; yet such are the depravity and corruption of human nature, that without some superintending and coercive power, they would be wholly disregarded; and human 116 society, would become the field of oppression and outrage––instead of a theatre for the interchange of good offices. Civil institutions and judicial establishments; the comminations of punishment and the denunciations of law, are barely sufficient to repress the evil propensities of man. Left to themselves, they spurn all natural restrictions, and riot in the unrestrained indulgence of every passion.
[89] CHAPTER V.