CHAPTER XII.

JOHN HATTON, THE TORY.

At the beginning of the Revolutionary period the various acts of the English Parliament which affected America, and in which the colonists had no voice by representation, began to meet with protests. The most impolitic measure of the government was the passage in 1765 by Parliament of the celebrated "Stamp Act," for the purpose of raising a revenue by taxing the colonies. The people resisted the measure, and so strong were the protests that Parliament repealed the act in 1766. The next year the English Ministry attempted to compel the colonists to assist in raising supplies for that government, imposing a tax upon tea, glass, paper and painters' colors. A storm of opposition, more strong, was again excited, and soon after all duties were withdrawn except that upon tea, which was taxed at three: pence per pound. This was not satisfactory to the people. of the colonies, not because of the amount of the duty, but because of the principle of taxing without consent or voice of the colonists. John Hatton, collector of the port of Salem. and Cohansey, came to Cape May in November, 1770, to stop what he termed were illegal actions on the part of local and other skippers in landing goods at Cape May to avoid paying duty. The following is correspondence which grew out of the treatment of him by the common pleas justices, Thomas Leaming, John Leonard and James Whilden:

"Copy of a letter from John Hatton, Collector of Salem and Cohensy, to Gov. Franklin, dated Dec. 7th, 1770, complaining of the action of Mr. Jas. Whilden, Thomas Leaming and John Leonard, Justices at Cape May:"

"I humbly beg leave to inform your Excellency that I am again obliged to fly from and quit my Office, and distressed family by reason that his Majesty's laws and my

actions in executing them as a faithful servant are misinterpreted by these Your Excelys Justices at Cape May viz James Whilden, Thomas Leaming, and John Leonard, Esqrs who I am informed could not get any others to join them,

"23 Novr-I arrived at Cape May from Burlington. My wounds being so bad prevented me getting there sooner.

"24. I procured Joseph Corson, Esqr to go with me to J. Leonard & T. Leaming, Esqs, when I gave them your Excellencys Proclamation to which they paid no regard, and during my stay with them, being about two hours, they did not read it.

"I likewise delivered the Letter Mr. Pettit wrote by your Order on the 17th in regard to bailing my negroe, when they absolutely refused to admit him to bail.

"I then went to the Gaol from whence I found Hughes had been let out in order to go where he chose to procure himself bail, and without any guard he had ful liberty to go where he liked.

"My negro still close confined and very ill the Cutts in his skull being very bad from whence had been taken several pieces of bones.

"In the dead of night I returned home found my wife as I had been informed, just expiring thro' fright for me and her son, well knowing the danger we were in; and few of my neighbors, tho' I have several good ones durst venture to come to my house being threatened with destruction by Hughes or his friends, notwithstanding the distress of my family, I was obliged to leave home the next night in order to get some one to bail my man.

"This night was assaulted on the road by some man who with a stick struck me several blows in my arm: when a Blow with my Whip handle in his head, stunned him, I rode on.

28. On my giving Nicholas Stillwell Esqr £200 security he was so kind as to bail my Negro, being well acquainted with my ill usage, & the distress of my family, a copy of the Bail piece now produced justly expresses it.

"29-Got my Negroe from Prison.

"Decr 5-Mills the Pilot who is advertised with your

Excellencys Proclamation was this day going about my neighborhood, armed with a Club and threatening me with destruction.

"6.-I met the said Mills on the Kings road who threatened me with his Club but on my putting my hand towards my pocket he went off. I immediately went to James Whilden, in order to request him to execute Justice against the said Mills, as I had some days before lodged a complaint before him, but I was told he was not at home, tho' he had been seen a few minutes before. About six hours after on the same day the said James Whilden, Thomas Leaming, & Jo Leonard Esqrs sent 5 men with their warrant now produced, who seized my man as he was going home with a loaded Team, he having been all the day with two of my neighbors getting some of my summers Crop which had been till then decayed on the ground. A few minutes after I was arrested on the same account as the warrant testifyeth. When I first entered the room Mills was sitting by the side of Jo Leonard Esqr with the same Club by his side he had in the morning-during my conversation with them. in which I did not give any of them an uncivil word, the said Leonard expressed himself, in a very unbecoming man

ner.

"I then desired the said Mills might be secured and again repeated to them that he was the Pilot who on 8t November threatened me with death if I came near the Ship to execute my Office as his Majs Collr and likewise that he was one of the men who took away the Pilot boat I had seized her, and further that he was the man who laid hold of my son in the street at Philadelphia till a mob of Sailors came up. when he and they most inhumanely treated him so that he was taken from them for dead.

"He acknowledged the threatening and obstructing me when I was going to the ship, and like wise taking away the Pilot boat I had seized, and said he would do it again. when there was occasion-his conduct was not in the least disapproved by the Magistrates present.

"The Magistrates did not regard my Charges against him, but on my insisting on Mills, being some way secured they

consented to bind him over to their own Court. An Uncle of Hughes, was ready for his Bondsman.

"They then bound me, and insisted on £200 security, but they refused any security I could give for my Negro which I offered them nor would they allow him to stay in the hands of the Constable till next morning: When I told them I would produce them any bail they should require as my friends were at some distance, but they ordered him immediately to prison.

"There were present Hughes and his brothers and other relatives who threatened destruction to any who gave me any assistance; during the whole time they could not produce any one to say that either I, or my Slave, ever was heard to use the least threatening word against the said Mills or any one else, since my first coming amongst them, the reason they give for binding me and sending my Slave again to prison, is, that Mills declared my son told him in Philadelphia, that his fathers Negro should do for him, but did not produce any proofs.

"Since my ill treatment on 8 Novr. His Majs Vessels having been very vigilant has greatly obstructed their smug-gling by water therefore I being so distressed by these three Magistrates gives them full liberty to perform it on shore, for I am well assured, & have just reason to believe that there hath been & still is several thousand pounds worth of contraband Goods lodged on this shore since the 8th of November last, which Goods they are now conveying by Land to Philadelphia, and have been so during a few days since in the open day to go to my door with a loaded Waggon, and men armed with Pistols in their hands challenging me to appear if I durst, to seize them.

"Mills and the Boat now appear in public and he bids. defiance to any.

"These my assertions I can prove if the Witnesses are impartially examined, therefore I hope your Excellency doth plainly perceive that it is for my Zealous attachment to his Majesty that I am thus injured abused, and interrupted by these three Magistrates

"My Instructions are, in any difficulties to apply to Your Excellency for assistance and protection, therefore do most

humbly pray from Your Excellency a speedy redress as His Majesty's Revenue suffers entirely by the Actions and Powers of these three Magistrates at Cape May.

"JOHN HATTON."

The following is a copy of the warrant for the apprehension of John Hatton, collector at Salem.

New Jersey, Cape May county, ss.

George the third by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c To our Sheriff of the County of Cape May or the Constables of the said County or either of them Greeting Forasmuch as Jedediah Mills of the said County of Cape May Pilot hath personally come before Us James Whillden, Thos Leaming, and John Leonard, Esqrs three of his Majs Justices assigned to keep the Peace within the said County of Cape May & hath taken a Corporal Oath that he the said Jedediah Mills is afraid that John Hatton, Esqr. of the said County of Cape May will beat wound maim or kill him th said Jedediah Mills and hath therewithal prayed surety for the Peace and Good Behavior against him the said John Hatton Esqr. therefore We command and charge you jointly and severally or either of you that immediately upon the Receipt hereof you bring the said John Hatton Esqr Forthwith before us the said James Whilden Thos Larning & John Leonard, Esqrs or either of Us to find sufficient Surety and Mainprize as well for his personal appearance at the next General Quarter Sessions of Our Peace or Court of Oyer & Terminer of General Goal Delivery or which ever of said Courts should happen to be held first in & for our said County as also for our Peace and Good Behavior in the mean time to be kept toward us and all our Liege People and chiefly towards the said Jedediah Mills that is to say that he the said John Hatton, Esqr. shall not do nor by any means procure or cause to be done any of the said Evils to any of Our said People and especially to the said Jedediah Mills.

Given under Our Hands and Seals this 6th day of Decr in the 11th Year of the Reign of Our Sovereign Lord