To the King’s most Excellent Majesty in Council. The Petition, Complaint and Appeal, of William Smith of the City of Philadelphia in the Province of Pensilvania, Clerk. In humble Manner Sheweth.

[a] That Your Petitioner on the 6th. Day of January, in the Year of Our Lord 1758, by Order of the Representatives of the People of the said Province, in Assembly then sitting, was arrested by their Serjeant at Arms, and by Vertue of that Order, held in close Custody, until the 25th. Day of the said Month; A great Part of that Time not being permitted to speak to any Person, but in the Presence of the said Serjeant, nor to hold any Correspondence, in Writing, but with his Privity and Consent.

a. It is acknowledged that the Petitioner was on the 6th. of January ordered into the Custody of the Serjeant at Arms, agreeable to the Practice of the Parliaments of Great Britain and Ireland, and the Representative Assemblies of all the British Colonies, in Cases which they deem Breaches of Priviledge, Contempts, false and libellous Charges, &c.

[b] That during the Time of Your Petitioners Confinement, he was, in a formal Manner, brought to the Bar of the House of Assembly, and, by them, charged with being a Promotor and Abettor, of the writing and publishing a Libel, entitled, The humble Address of William Moore, One of the Justices of the Peace, for the County of Chester.

b. Also, that according to such Practice he was brought to the Bar of the House, to answer such Questions as should be put to him touching a certain Address of William Moore, highly reflecting on the Justice of the late Assembly, and derogatory of the just Priviledges and Powers of the House of Representatives, which the Petitioner was suspected to have written or abetted.

[c] That Your Petitioner being One of the Trustees, under an Honourable private Society in London, for maintaining Charity Schools, to instruct Germans here; And to that End, having the Care and Direction of a printing Press, to furnish them with a News Paper and other Matters, in their own language, doth acknowledge, and never did deny, That, when he found the said Address, which animadverted on the Proceedings of a former dissolved Assembly, printed and published in the Pensilvania Gazette, by Benjamin Franklin and David Hall, who are the known and publick Printers to the Assembly, and in the Pensilvania Journal, by William Bradford of the said City, he did, thô a considerable Time after such printing and publishing in the English Papers, advise it to be translated, into the German Tongue, and published in the said German News Paper.

c. That the Printers of the Pennsylvania Gazette and Pennsylvania Journal are not Officers of the Assembly tho’ they sometimes print the Votes and Messages of the House by their special Order; and were call’d before the House as well as the Petitioner, but on discovering the Author, and behaving openly and properly to the House, were dismissed. See the Examinations of Hall and Bradford.

[d] That Your Petitioner answered to the Charge of the Assembly, That he was Not Guilty of any Matters, of which he stood accused, and protesting he never had the least Intention to violate the Privileges of that House, with great Humility prayed them to order him a Tryal, for his supposed Offence, in some Court of Justice, according to the Laws of England, and this Province; For Reason alledging that, if he had committed the Crime, charged, it was cognizable in the established Courts of Justice; And by the Assembly’s imprisoning, trying, putting him to great Charge in his Defence, and finally punishing him, if they should so far proceed, he might be twice punished for One, and the same, Offence.

d. That no Representative Body in the King’s Dominions, ever orders a Trial in Courts of Justice for Offences that relate to Breach of Priviledge, &c. and there could be no Danger of his being punished by a common Court of Justice for such Offence.

[e] That the House rejecting Your Petitioners Prayer, did, by Vote, resolve to try Your Petitioner, themselves; And for that Purpose, did direct him to bring his Witnesses before them, for summoning whom, they gave their Orders; And did allow Your Petitioner Counsel, to speak to Matters of Fact only; They, by another Vote, having resolved, that neither Your Petitioner, or his Counsel, should be heard concerning their Jurisdiction, or any other Matter of Law; and did appoint a Day for Your Petitioners Tryal.

e. The House, at the Petitioner’s Request, gave him Leave to bring Witnesses, and to use Council, and appointed a Day to hear him: If in this they deviated from the usual Forms, ’twas in favour of the Delinquent. [See Votes, Page 15] They also directed the Clerk to furnish him with the Copies he ask’d and ordered that he should be admitted to confer with his Council and such other of his Friends as he desired to consult, in private. It is true they would not suffer the Council to dispute their Authority, nor their Judgment of the Nature of the Offence, [See Votes, Page 18] but only how far Mr. Smith was or was not concerned in it.

[f] That Your Petitioner being thus compelled to waive Points, which he judged very material, in his Defence, and to submit to the Jurisdiction, Power and Direction of those, who did not scruple to acknowledge themselves, principal Partys, yet hoping to mollify them by this Submission, and by making it appear he had no Design of violating their Privileges, did undertake to defend himself, and manifest his Innocence, in the Manner prescribed to him; which he humbly apprehends he did so effectually, as must have given entire Satisfaction to all unprejudiced Judges, and have obtained his Discharge.

f. The House not being satisfied with his Defence, directed him to be committed till he should give Satisfaction to the House by proper Acknowledgments: This is no more than usual. [g] That, notwithstanding the Assembly’s Proceeding, in all the Forms of an indifferent and legal Court of Judicature, by summoning Witnesses, examining them, on their Oaths, in and by the Authority of the House administered, terrifying some, who were not inclined to swear, or answer, with Imprisonment, and hearing the Prisoner at the Bar, as they called Your Petitioner, in his Defence, still reserving to themselves the Conclusive Power, of declaring Your Petitioner Guilty, or Not Guilty, did, at last, very unjustly, by the Votes of a Majority, as their Verdict, find Your Petitioner Guilty, of Part of their Charge, against him, namely, the promoting and publishing the said Libel, intitled as above; And thereupon, intending to render Your Petitioner infamous, among the People, and to brand with Disgrace and Ignominy, the Character of a Clergyman, of the Church of England, who is placed at the Head of a Seminary of Learning, in the City aforesaid, and engaged in sundry other publick Undertakings, did by their final Sentence, adjudge that Your Petitioner should be committed to the Newgate, or Common Goal of the said County; The place for Thieves, Murderers and Felons, as well as Debtors, there to be detained, until further Orders, from the House; to which loathsome Goal he was committed, on the aforesaid 25th. of January and therein now lyes.

g. If the House in the Enquiry into this Breach of Privilege went too much into the Forms, and used too much the Expressions proper to a Court of Justice, it was nothing more than an Impropriety in them, being in no sense any Prejudice to the Delinquent but rather in his Favour as he was in that Way allowed Council. He has no Charge as a Clergyman. His Character as such, or as a Schoolmaster, was not now to be hurt, by the Censure of the House for publishing a Libel, he having been long considered as a common Scribbler of Libels and false abusive Papers [both?] against publick Bodies and private Persons, and thereby keeping up Party Heats in the Province, on which Account he had been refused the Pulpit by the Minister, and denied a Certificate of Good Behaviour by the Vestry. [See the Depositions of Roberdeau and others; See Chattin’s Deposition.] The Place of his Confinement is in a separate Building from the Criminals where only Debtors are confin’d, in airy commodious Apartments, where the Confinement is the only Inconvenience; and this (incurr’d by his Contumacy) he was told by the House might be prevented by his making proper Acknowledgments, which he refused.

[h] That Your Petitioner did, imediately, read and tender, an Appeal, from this Judgment to Your Sacred Majesty in Council, and prayed to have the same entred, upon their Minutes, which they refused to do; Intimating that no Appeal lay, from any Judgment of theirs, to Your Sacred Majesty in Council.

h. It is true he demanded an Appeal to His Majesty; which he conceived he was entitled to by the Charter and Laws of the Province; and offered Bail to prosecute the Appeal; but the House on considering maturely the Words of the Charter and Laws, were of Opinion, “that no Appeals were intended to be directed by either to the King and Council from Judgments of the House of Assembly relating to Breach of Priviledge and Contempts to the House,” and acquainted him that on making the Submission required by the House, Bail to prevent a Commitment would be unnecessary: This Submission he insolently refused, striking his Hand on his Breast, and saying he was determined his Tongue should never give his Heart the Lie. [See Votes, Page 24.25.]

[i] That Your Petitioner in his said Appeal, did further pray that their Clerk should deliver to Your Petitioner attested Copys of all Papers, Minutes and Proceedings, relative to Your Petitioner’s Tryal, humbly to be layd before Your Majesty; To which Prayer, although the Matters, therein mentioned, have been since specially desired, they have not yet vouchsafed to give Your Petitioner any Answer.

i. It appears by the Votes, [Page 19, 20,] that Copies of all Papers necessary for his Defence were delivered to the Petitioner.

[k] That, thô by the Depositions, taken before the House, it appeared that very many Persons, Lawyers and Others, had seen, approved of, and advised the printing and publishing the Address of Wm. Moore before it was printed; That the Speaker and two other Members of Assembly, being consulted on the said Address, previous to it’s Publication by the Printer to the House, and by him acquainted with the Contents thereof, did counsel and advise, and as far as in them lay, authorize the printing and publishing the same; That David Hall the acting Printer of the Pensilvania Gazette, and Wm. Bradford, the Printer of the Pensilvania Journal, did also, before the House, acknowledge they had printed and published it, and that thô it appeared that the Paper, layd to the Charge of Your Petitioner, was only a Republication, in the Way of his Business, and that, of all those concern’d in it he was the least so. Yet no Person has, ever, been called in Question, as a Criminal, for any Matters relating thereto, but Your unhappy Petitioner, except Mr. Moore who declared himself the Author.

k. The Address of William Moore speaks for itself, and will show whether it was such as good Lawyers ought to approve. The Speaker and two other Members charg’d with authorizing the Publishing that Address, never saw it till it was printed, and only refus’d to assume to themselves any Authority of restraining the Press, and advis’d the Printer to Prudence and Caution. [See the Deposition of David Hall.] The Printers of the Gazette and Journal were call’d in Question; but produc’d the Author, and as they were not concern’d in writing it, and behav’d properly before the House, as did the others who were concern’d in writing and publishing it, they were dismiss’d. Smith was an old Offender. See the Voters of 1756.

[l] That Your Petitioner on the 4th. Day of February following in due Form of Law, applyed to the Chief Justice of the Province, to grant him his Majestys Writ of Habeas Corpus, in Order, that Your Petitioner, on the Return thereof, might either be discharged, or bailed, as the Nature of his Case should require; Whereupon, the said Chief Justice answered that, on a View of the Copy of Your Petitioners Commitment, it appearing to him, that, among other Things, Your Petitioner was committed for a Breach of Privilege, he did not think himself authorized in granting a Habeas Corpus, and bailing Your Petitioner during the Sitting of the House, and therefore, was obliged to reject the Prayer of the said Petition.

l. The Chief Justices Answer, that the Petitioner being committed for Breach of Privilege, he did not think himself authorized to grant a Habeas Corpus, and bail the Petitioner, during the Sitting of the House, shows that the Confinement was not like to continue longer than the Sitting of the House, which probably is over before this Time, as the private Affairs of the Members call them Home on the first Approach of Spring, and the Winter Session rarely extends beyond the Middle of March. But if they should continue Sitting as long as possible, it could not be beyond September, when they are dissolved by Law; so that there is little Danger of the Petitioner’s being imprisoned for Life.

[m] That Your Petitioner verily believes the Words, in the said Commitment, which appear to the Chief Justice to imply a Breach of Privilege, were untruely incerted therein, on Purpose to exclude Your Petitioner from this legal Relief; As there was no Breach of Privilege, intimated in the Sentence passed against Your Petitioner by the House; And as he was never charged, even by the Assembly, with the least Indecency of Behaviour, or Mark of Disrespect, to the House, during the whole Process, nor with any other Matter, that could be construed a Breach of Privilege of the Assembly then convened.

m. The House had voted it a Breach of Priviledge to assert, that the Assembly of the Province had no Right or Power, to hear the Petitions, examine into and redress the Aggrievances and Complaints of the People against publick Officers, or in any other Case where the Subject is oppressed; the same being one of their undoubted Rights and Privileges, and a fundamental and essential Power of the Constitution. [See Votes, Pag. 12.] Wm. Moore’s Address, among other gross Abuses, charg’d the Assembly with usurping Powers that did not belong to them, in examining into the Complaints against him: Smith was concern’d in drawing this Address, and publish’d it; and contemptuously refus’d Submission to the House.

[n] That Your Petitioner did afterward, on the said 4th. Day of February petition the Honourable Wm. Denny Esqr.; Governor of the Province, Setting forth the peculiar Hardships of his Case, praying such Relief as his Honour thought suitable and just. To this Your Petitioner received for Answer, that the Governor with great Compassion, beheld Your Petitioners Afflictions, but, if he had any Power, to interfere in that Matter, the Exercise of it might, at this Critical Juncture, endanger the Safety of the whole Province.

n. Governors in the Colonies have no right to interfere in the Censure of the House for Breach of Privilege.

[o] That under these distressing and miserable Circumstances, destitute of any Aid, from Our Laws or Government, so that his Imprisonment may be continued during his Life. Your Poor Petitioner really unable to contend with so weighty a Body, who are in Possession of all the Publick Mony of the Province, is compelled to apply to Your Majesty, the last Resort from Your Colonys, and Fountain of all Justice, within Your Majestys Dominion for Redress,

o. For several Years past, all new Laws for raising Publick Money, have plac’d the same in the Disposition of the Governor and Commissioners, none to be issued without the Governor’s Assent. [See the Laws themselves]

Most Humbly imploring Your Majesty to afford Your unfortunate Petitioner and Subject, such Relief, as in Your Wisdom shall appear just and equitable.

Your Petitioner, as in Duty bound shall ever earnestly pray &c. Philadelphia County Goal