Page:United States Reports, Volume 1.djvu/64

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Y a proclamation, dated the 15th June 1778, iued by the Supreme Executive Council, in puruance of the act Aembly, paed the 6th of March preceeding, for the attainder of divers traitors, &c. the prioner had been required to urrender himelf on the 1t of Augut following, &c. or to be attainted of high treaon agreeable to that act. The time allowed for this urrender being elaped; the Attorney General filed a uggetion, in the uual form, tating that Samuel Chapman the prioner was the peron required by the proclamation to urrender himelf, &c. that he had not urrendered himelf, &c. that he was therefore attainted; and this he was ready to verify, &c. The Chief Jutice then aked the prioner, what he had to ay, why execution hould not be awarded againt him.

Upon which the aid Samuel Chapman, the prioner, aith, , that he was born, and hath ever remained and continued a ubject of the king of Great-Britain, and is now a prioner of war; and that he is not, nor hath ever been a ubject or inhabitant of this Commonwealth; nor hath he, nor he never had, any real etate in this Commonwealth; neither hath he at any time owed allegiance thereto: Wherefore he prays that execution may not be awarded againt him, &c.

The Attorney General replied, that the aid Samuel Chapman, the prioner was an inhabitant and ubject of this Commonwealth, &c. and that he did owe allegiance thereto, &c. Whereupon iue was joined.

The evidence upon the trial of this iue was, that the prioner was born in Bucks County in this State, and that behe [sic] had reided there until the 26th day of December 1776, at which time he departed and joined the enemy. Whether, upon thee facts he was to be conidered as an inhabitant and ubject of the Commonwealth of Pennylvania, at the time of his departure, was the great quetion to be decided.

His counel argued that on the 26th December, 1776, there was no government etablihed in Pennylvania, from which he could receive protection; and conequently, there was none to which he could owe allegiance—protection and allegiance being political obligations of reciprocal nature. The doctrine of perpetual allegiance to be found in the books, applies only to etablished and ettled government, not to the cae of withdrawing from an old government, and erecting a ditinct one. Then every member of the community has a right of election, to reort to which he pleaes; and even after the new ytem is formed, he is entitled to expres his dient; and, dienting from a majority, to retire with impunity unto another country. Upon this principle, it was aerted that the prioner never was a ubject of the State of Pennylvania; and the