1781.
Respublica verſus Samuel Chapman.
By a proclamation, dated the 15th June 1778, iſſued by the Supreme Executive Council, in purſuance of the act Aſſembly, paſſed the 6th of March preceeding, for the attainder of divers traitors, &c. the priſoner had been required to ſurrender himſelf on the 1ſt of Auguſt following, &c. or to be attainted of high treaſon agreeable to that act. The time allowed for this ſurrender being elapſed; the Attorney General filed a ſuggeſſtion, in the uſual form, ſtating that Samuel Chapman the priſoner was the perſon required by the proclamation to ſurrender himſelf, &c. that he had not ſurrendered himſelf, &c. that he was therefore attainted; and this he was ready to verify, &c. The Chief Juſtice then aſked the priſoner, what he had to ſay, why execution ſhould not be awarded againſt him.
Upon which the ſaid Samuel Chapman, the priſoner, ſaith, ore tenus, that he was born, and hath ever remained and continued a ſubject of the king of Great-Britain, and is now a priſoner of war; and that he is not, nor hath ever been a ſubject or inhabitant of this Commonwealth; nor hath he, nor he never had, any real eſtate in this Commonwealth; neither hath he at any time owed allegiance thereto: Wherefore he prays that execution may not be awarded againſt him, &c.
The Attorney General replied, that the ſaid Samuel Chapman, the priſoner was an inhabitant and ſubject of this Commonwealth, &c. and that he did owe allegiance thereto, &c. Whereupon iſſue was joined.
The evidence upon the trial of this iſſue was, that the priſoner was born in Bucks County in this State, and that be had reſided there until the 26th day of December 1776, at which time he departed and joined the enemy. Whether, upon theſe facts he was to be conſidered as an inhabitant and ſubject of the Commonwealth of Pennſylvania, at the time of his departure, was the great queſtion to be decided.
His counſel argued that on the 26th December, 1776, there was no government eſtabliſhed in Pennſylvania, from which he could receive protection; and conſequently, 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 eſtablished and ſettled government, not to the caſe of withdrawing from an old government, and erecting a diſtinct one. Then every member of the community has a right of election, to reſort to which he pleaſes; and even after the new ſyſtem is formed, he is entitled to expreſs his diſſent; and, diſſenting from a majority, to retire with impunity unto another country. Upon this principle, it was aſſerted that the priſoner never was a ſubject of the State of Pennſylvania; and