The Case of jos'iah Phillips bill of attainder passed in America, and which produced much censure upon Mr. Henry, whose connection with the affair he negligently vindicated. Such adverse criticism has only been removed by the lapse of time and his biographers (more particularly, William Wirt), the truth of this singular case becoming
known.
Mr. Randolph's subsequent at
titude, however, was a most unusual one, insomuch as he raised no objection to the apprehending of Phillips under
the attainder, but prepared the indict ment under which he was found guilty of robbery; he represented the common wealth, then, after Phillips had been found guilty and executed for robbery, he turned to attack Mr. Henry's position with regard to this case in a debate
before the Convention of 1788. The facts of the Phillips case are these: Phillips, in the summer of 1777, was the
leader of a band of banditti which was just commencing aseries of crimes in the counties of Norfolk and Princess Anne, these counties lying in the extreme
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Every attempt to capture Phillips and his associates in crime seemed of no
avail, for after every deprivation they would take to their boats and soon be lost to all those who searched so dili gently the numerous bays, inlets and swamps with which this section of the state abounds, with the additional aid, also, of those who still adhered to the Crown. At last, Governor Henry received a letter from one Col. John Wilson, who, it seems, was then in command of the . militia in the lower counties, which communication gave additional proof of the obstacles to be overcome before capturing Phillips, also of the disaffected state of the neighborhood :— Norfolk county, May 20, 1778. Honorable Sir:— I received your letter on the 14th inst., of the 12th April, respecting the holding of the militia in readiness, and my attention to the arms and acooutrements, which I shall
endeavor to comply with as far as in my power: that much, however, may not be expected from this county, I beg to observe,
eastern section of Virginia, where were
that the militia, of late, fail much in appearing
resident many Tory families. This band spread terror and consternation on every
at musters, submitting to the trifling fine
hand. Availing himself of the disafi'ection
which prevailed in that quarter, and taking refuge from occasional pursuit
in the fastness of the Dismal Swamp, he carried on a species of warfare against the innocent and defenseless, at the bare
mention of which humanity shudders. Scarcely a night passed without witness ing the shrieks of women and children, flying by the light of their own burning houses, from the assaults of these merci less wretches; and every day was marked
by the desolation of some farm, by robberies on the highway, or the assassi nation of some individual whose patriot ism had incurred the displeasure of this
fierce and bloody leader of outlaws.
of five shillings, which, they argue, they can afford to pay, by earning more at home, but I have reason to fear, through disafiection.
With such a set of men, it is impossible to render any service to country or county. A few days since, hearing of the ravages com mitted by Phillips and his notorious gang I ordered fifty men to be raised out of four companies, consisting of upward of two hundred: of those only ten appeared, and it being at a private muster, I compelled twenty others into duty, putting them under the command of Capt. Josiah Wilson, who immediately marched after the insurgents; and that very night one-fourth of his men deserted, Capt. Wilson still pursuing but to no purpose. They were either taken to their secret places in the swamps, or concealed by their friends, that no intelligence could be obtained. He then returned, his men declaring they could stay no longer on account of their crops. I consider, therefore, that rather than that they should wholly desert,
