Monmouth Loyalists Pardoned for Continental Army Service

The Continental government had two interrelated problems in early 1777. First, it had several hundred Loyalist prisoners who needed to be sheltered, fed, and guarded. Daily, these men consumed resources that were needed by the threadbare Continental Army. Second, the Army was thousands of soldiers short of expectations with respect to filling its ranks. Offering Loyalist prisoners pardons in exchange for Continental Army service—though fraught with complications—was a way to alleviate both problems at once.

The idea of pardoning prisoners for enlisting into the Continental Army and Navy was not unique to Monmouth County’s jailed Loyalists. It was implemented at different times and in different ways across the colonies. Moving Monmouth County’s Loyalists into the Continental Army was first proposed by Owen Biddle, a Continental commissary officer in Philadelphia, to Governor Willilam Livingston in February 1777. Livingston did not respond directly, but informed Biddle that Nathaniel Scudder, a committeeman and militia officer from Freehold, would soon be visiting Philadelphia to assess the Monmouth prisoners.

Nathaniel Scudder visited the Continental prison In Philadelphia and identified Monmouth Loyalists taken on January 2 at Freehold (at the “First Battle of Monmouth”) and other Loyalists taken by Francis Gurney’s regiment on January 6 at Upper Freehold and January 9 at Shrewsbury. Scudder did not endorse enlisting insurrectionists in the Continental Army in exchange for a pardon. Governor Livingston confessed frustration on how to proceed, "we know not what to do with them [the prisoners] at present."

However, Livingston soon had a mechanism for considering these Loyalists. Beginning in earnest in April, Governor Livingston convened a Council of Safety for the state of New Jersey (discussed in another article) which examined dozens of Monmouth Loyalists, including several who were confined in Philadelphia.

Jailed Insurrectionists Allowed to Join the Continental Army

Some jailed Monmouth Loyalists wished for a pardon in exchange for serving in the Army. On March 30. 1777, Congressmen Abraham Clark and Jonathan Sargent, two of New Jersey’s delegates to the Continental Congress, wrote Gov. Livingston:

The enclosed petitions from three of the Jersey prisoners [John North, William North, James Journee] were presented to Congress & referred to us. We have visited them in the hospital & find they have had the small pox very favorably. They are almost fit to go to work & very pressing for a discharge. We can find no cause of their detention.

The three prisoners were transferred to New Jersey and appeared before the Council of Safety on April 14; they promptly took Loyalty oaths to the state. But the Council did not immediately pardon them, perhaps because it was considering the status of several other Monmouth Loyalists in similar circumstances.

On May 19, Lt. Gilbert Imlay of David Forman’s Additional Regiment wrote the Council of Safety about fifteen Loyalists (including North, North, and Journee) who wished to join in the Army:

A number supposed to be dangerous & disaffected to the Government were apprehended in the beginning of January last, in the county of Monmouth, by virtue of and orders from one of the generals in the Continental service [Israel Putnam], and sent to Philadelphia, in which place they have been since confined. Several of the prisoners have been enlisted in the United States [Army] on condition that they be released or set at large from their present imprisonment; and that practice & caution are taken to enlist only those as are either really innocent or stand accused on only petty offenses.

Imlay noted that "Major Seabrook [Thomas Seabrook], who is now at this place, can if called upon, bear evidence in favor of the person aforementioned." Seabrook would formally request that the fifteen Loyalists "be released from confinement & permitted to join the company in which they have enlisted." If Imlay and Seabrook were seeking to bring Loyalists into David Forman’s Additional Regiment, they were presumably doing so with Forman’s approval. As discussed in a prior article, recruiting for Forman’s regiment was going badly and the potential of recruiting a large chunk of the 200+ jailed Monmouth Loyalists might double the size of the regiment. Forman was struggling to recruit even 100 men when a full-strength regiment was roughly 600 men.

The Council of Safety heard from Seabrook and approved pardons for the fifteen Continental Army enlistees. On May 21, Gov. William Livingston wrote to the Pennsylvania Board of War about the Loyalists:

The prisoners hereafter mentioned, confined in your goal, were apprehended January last in the County of Monmouth as disaffected; and are said to have enlisted in the service of the United States, on condition of being sett [sic] at liberty.

Livingston proposed having Major Thomas Mifflin bring the prisoners back to New Jersey, where Livingston would free them contingent on their enlistment. The selection of Mifflin was not accidental; Mifflin led Pennsylvania troops in defeating the Monmouth Loyalists five months earlier. The prisoners were returned to New Jersey on May 23. For an unknown reason, only seven of the prisoners agreed to enlist at that time. The eight others were returned to jail.

Confusion among the enlistees continued. On May 27, the New Jersey Council of Safety recorded that four of the enlistees--John Sears, Stout Havens, Richard Margison, Richard Barber--had "declared they had altered their minds and did therefore refuse to comply with their former engagements; wherefore they were remanded to the Guardhouse.” All four of these would cause trouble later in the war:

• Sears and Margison would be convicted of treason and jailed in Morris County;

• Havens would incited for harboring enemy combatants tried before the New Jersey Supreme Court (verdict unknown); and

• Barber would become a London Trader and associate of the Pine Robber, John Bacon.

Lt. Imlay marched off with only three recruits (North, North, and Journee).

The Loyalists who reneged on their promise to enlist were, by and large, treated roughly. Stout Havens remained in jail even after "friends testified in his favour" on June 4.  Five others claimed the right to favorable treatment as prisoners of war (as opposed to domestic traitors) based on joining George Taylor’s Loyalist militia. This status was denied by the Council of Safety because "none of them had been engaged more than a fortnight" in that militia. They remained in jail as criminals not subject to prisoner exchanges negotiated between the armies. Seven of the twelve Loyalists were ultimately convicted of treason by the Council of Safety and, on June 19, transferred to prison in far-off Morristown, too far from home to receive regular visits from friends and family.

Later in the War

The idea of paroling prisoners in exchange for Continental service was raised again later in the war. For example, on January 1, 1781, New Jersey’s Chief Justice, David Brearley, a former Continental Army officer from Upper Freehold, wrote the New Jersey Legislative Council (the Upper House of the legislature) that:

At a Court of Oyer and Terminer lately held in the County of Monmouth, Benjamin Lee was convicted of rape upon Sarah Phillips, and Henry Sellers of robbery, for which the death sentence was passed against them, and requesting a pardon for them upon condition that they enlist and serve aboard one of the Continental frigates.

Brearley supported the proposal. Lee was not granted a pardon and was put to death; the fate of Sellers is unknown.

As for the three Monmouth Loyalists who joined the Continental Army in exchange for a pardon—John North, William North, and James Journee—they took different paths through the war.

• John North served his three-year enlistment in the Continental Army without incident. He then served in the Monmouth militia. In January 1782, he joined the State Troops and was one of three men assigned with taking a captured Loyalist, Philip White, from Long Branch to the county jail at Freehold. The three guards harassed White into attempting an escape and then murdered him when he ran. White’s murder prompted Loyalists to execute Captain Joshua Huddy, a retaliatory act which nearly led to the execution of a British officer, Charles Asgill, in retaliation for Huddy. The “Huddy Affair” reverberated across the highest levels of the Continental, French and British governments. North was indicted in the Monmouth courts for riot in November 1782, though the particulars are unknown.

• William North served in Forman’s regiment but left in 1777. He is listed as deserted in the muster rolls of the New Jersey Volunteers in January 1778. This suggests that he deserted the Continental Army in 1777, collected a bounty for joining the New Jersey Volunteers, and then returned to the Continental Army where he received lenient treatment because he returned on his own. After his three-year term in the Continental Army, he served in the Monmouth County militia. He is listed as a “Single Man” in the 1784 tax rolls—suggesting that he was a poor laborer unable to own land at war’s end.

• James Journee served his three-year enlistment and returned home. He became a Lieutenant in the militia. He is listed as owning 200 acres in the 1779 tax rolls, suggesting he was from a wealthier family than John and William North. He was indicted for assault in 1780, but the particulars of that assault are unknown. In 1781, he was involved in an attempted prisoner exchange outside of official channels, but the exchange did not occur.

Permitting Loyalist prisoners to join the Army in exchange for a pardon, at least in the case of Monmouth County’s Loyalists, produced only three recruits. Given the amount of time invested by several leaders to create the opportunity and the continued shortage of men in the Continental Army, the results of this effort could only be considered disappointing.

Related Historic Site: Morristown National Historical Park.

Sources: William Livingston to Owen Biddle, Carl Prince, Papers of William Livingston (New Brunswick: Rutgers University Press, 1987) vol. 1, p 248, 253; Minutes of the Provincial Congress and the Council of Safety of the State of New Jersey 1775-1776 (Ithaca: Cornell University Library, 2009) pp. 19, 21; Abraham Clark to William Livingston, Paul Smith, et al, Letters of Delegates to Congress, 1774–1789 (Washington, D.C.: Library of Congress, 1970) vol. 6, p 310 note 2; Gilbert Imlay to NJ Council of Safety, New Jersey State Archives, Dept. of Defense, Revolutionary War, Numbered Manuscripts, #4126; William Livingston to PA Board of War, Carl Prince, Papers of William Livingston (New Brunswick: Rutgers University Press, 1987) vol. 1, pp. 337-8; Minutes of the Provincial Congress and the Council of Safety of the State of New Jersey 1775-1776 (Ithaca: Cornell University Library, 2009) pp. 55, 57-8; David Bernstein, Minutes of the Governor's Privy Council, 1777-1789 (Trenton: New Jersey State Library, Archives and History Bureau, 1974) p 191; Adelberg, Michael, Biographical File, at Monmouth County Historical Association, Freehold, New Jersey.