"2. In regard of embodying his tenants into companies, he never did forbid them, neither should do it, as they may use their pleasure; but we might save ourselves the trouble, he being sure that they would not.
"3. Concerning himself, he said, that before he would sign any association, or would lift his hand up against his King, he would rather suffer that his head shall be cut off.
"Further he replied, that if we should make any unlawful use of the gaol, he would oppose it, and also he mentions, that there have many unfair means been used for increasing the association and uniting the people; for he was informed by credible gentlemen in New-York that they were obliged to unite, otherwise they could not live there; and that he was informed by good authority, that likewise two thirds of the Canajoharie and German Flats people have been forced to sign the articles; and in his opinion the Boston people are open rebels, and the other Colonies have joined them."
Immediately on receiving this report, the Committee determined to bring the question of the occupancy of the gaol to an issue. They therefore directed that two of their prisoners, named Lewis Clement and Peter Bowen, [FN] who had been sentenced to certain periods of confinement for political offences, should be forthwith conveyed to the prison, under a guard commanded by Captain Jacob Seeber, with instructions, that should the gaoler refuse to receive them into close confinement for the time specified, or should they be opposed by Sir John, then Captain Seeber was to bring them to the house of "our voted and elected new high sheriff, John Frey, Esq. who shall immediately inform thereof our chairman for further directions."
[FN] A subsequent document induces the belief that these prisoners were Indians, though it is not so distinctly stated.
Sir John did not allow the Committee to take possession of the gaol, and they were obliged to fit up a private house as a temporary prison; while some of their prisoners were sent to Albany, and others as far as Hartford for safe keeping. [FN] The Committee apprised the Provincial Congress of their proceedings in this matter, from which body they received the following communication in reply:—
[FN] Campbell's Annals.
"Dec. 9th. The Congress have this day entered into the consideration of your letter of the 25th of October, and are of opinion that your application to Sir John Johnson, requesting an answer from him whether he would allow his tenants to form themselves into companies, and associate with their brethren of your County, according to the resolves of the Continental Congress, for the defence of our liberties, was improper with respect to him, and too condescending on your part, as it was a matter that came properly within your province; and to which we doubt not but you are competent, as you have a line of conduct prescribed to you by Congress. With respect to your second question, whether he would take any active part in the controversy at present existing between Great Britain and her Colonies, we conceive it to be very proper, and thank you for information on that head.