Page:History of the University of Pennsylvania - Montgomery (1900).djvu/328

324 Justice Allen, a College Trustee, for a writ of Habeas Corpus, but the latter did not think himself authorized in granting such as the petitioner was committed by the House for a breach of privilege. His appeal to the Governor was as well unsuccessful, for his endorsement on the petition read, " The unhappy situation of the Petitioner moves me with great compassion, but if I have a Power in any shape to interpose in this matter, I do not incline to excuse it, as it might, at this critical Juncture, endanger the safety of the whole Province." Here he continued until liberated about 1 1 April by the Supreme Court on the adjournment of the Assembly; but on reassembling in September new writs were issued and he was again arrested and was in imprisonment until the final adjournment. In the meanwhile, his appeal was prepared and had gone forward and had been referred to the Attorney General. The new Assembly in November, again in pursuit of the vindication of the honor of the former Assembly, voted Smith's commitment to the Sergeant-atArms, but he could not be found and by I December had sailed for England to prosecute in person his Appeal from the judgments of the assembly. As to Judge Moore, the Governor gave him a hearing in August, and adjudged him free of the charges preferred against him; but the assembly still sought reparation and his retraction, without avail; and in February, 1759, the Sergeant-at-Arms reported that "Moore has absconded without paying his fees, and Smith having lately embarked for England."

It is difficult for us, so many years after these transactions, to form an exact opinion on the merits of this peculiar case. Mr. Smith to a letter to the Bishop of London written from the " Philada. County Gaol ", 7 February, 1758, speaks of the Persecuting spirit of the Quakers against those who had the courage to avow themselves strenuous advocates for the defence of this His Majesty's Colony. * * * Against me in particular they have had a long grudge supposing me the Author of some Pamphlets published in London to alarm the Nation of the dreadful consequences of suffering such men to continue in power at this time. But rinding no pretext to distress me, though lying in watch for three years, the Assembly called me before them and committed me to gaol for having reprinted a Paper (in the German Newspaper