The next day (the 13th Sept.) the train from Philadelphia brought up the U. S. District Attorney, J. W. Ashmead; the U. S. Commissioner, E. D. Ingraham; an Attorney who had acted as counsel for Mr. Gorsuch, before he applied to Mr. Ingraham in Philadelphia; a company of Marines from the Navy Yard at Philadelphia; and a number of the Marshal’s police.
These, it seems, when reinforced by such volunteers as could be procured from the neighborhood, composed the force by which “the country was to be scoured.” They went from house to house with fire-arms in their hands, demanding of the people they met whatever best suited their fancies.
On the same day at Christiana, the Commissioner heard the charges against Joseph Scarlett, Wm. Brown, Ezekiel Thompson, Daniel Clarksbury and Benjamin Pendergrast, and they, with Isaiah Clarkson and Elijah Clark,[A] were the next day (Sunday) brought to the Moyamensing prison in Philadelphia, “to await their trial at the next term of the Circuit Court upon the charge of having committed treason against the United States.”
On the 15th (Monday) the Commissioner resumed his duties, and heard the charges against Henry Green, Wm. Williams, John Halliday, Wm. Brown, (second), George Read, Benjamin Johnson, John Jackson, Thomas Butler, John Clark, Moses Johnson, Jacob Johnson, Emory Elias, Nero Johnson, William Henry Morgan, Aaron Wesley, Daniel Jones, William Jackson, Peter D. Watson and William Chandler. The first eight, in company with Samuel Williams, were on the same day sent to Moyamensing. What became of John Clark does not appear. The records of the prison do not show that he was ever there, and the transcript of the Commissioner’s dockett does not say he was discharged.
On the 18th September, Collister Wilson was lodged in Moyamensing prison. It does not appear by whom he was committed.
On Sunday morning (the 14th Sept.) the prisoners who had been taken to Lancaster, were again brought before Alderman Reigart, but were remanded until Tuesday the 16th.
Before the 16th, it was thought advisable by those in authority, to change the nature of the charge against the prisoners. They had been arrested as offenders against the Commonwealth of Pennsylvania. Now they were to be considered as culprits, to be punished by the laws of the General Government, and were to be accused as traitors. It was probably with a view to prepare for this, that, when they were brought to the appointed place on the 16th, they were again remanded for one week, until Tuesday the 23d of September.
It is generally considered that a man is safe from prison walls until it has appeared to a magistrate that there is probable cause for believing he has committed some offence that should be inquired into by a jury of his country. Such was the common law of England, and many believe it to be the common law of this country. The magistrate has the right, in the exercise of a sound discretion, to detain suspected parties a reasonable time, while he hears the charges and decides whether there is necessity for his making a formal commitment. In these extraordinary cases, however, the operation of the law seemed to be inconvenient to those who had its initiatory administration, and the rule was not observed.
Before the appointed time, the company in the prison had been increased. On the 18th September, Jacob Moore was arrested on process issued by Squire Pownall.
The prisoners were brought up to Lancaster County Court House about 10 A. M., and the examination began before Alderman Reigart.