Letter from Samuel Spencer to Richard Caswell
Spencer, Samuel, 1734-1793
June 01,
1777
Volume 11, Pages 481-482
JUDGE SAML. SPENCER TO GOV. CASWELL.
[From the Executive Letter Book.]
Halifax, 1st of June, 1777.
Sir:—
Inclosed herewith are sundry depositions of Edward
Cornwallis Debruhl, now detained in Halifax gaol on
suspicion of having been concerned in counterfeiting
the current Bills of Credit of this State, taken before me on oath with
the greatest secrecy that the nature of the matter
would admit of. His offence was committed in the
District of Edenton, and therefore not cognisable in the
District of Halifax. It was likewise committed between the day of
April and the ninth of May last, and the Resolve of
Congress against counterfeiting the Bills which he is
accused of being concerned in counterfeiting, was continued by last
Congress to last session of Assembly, and no louger, and
the act for continuing the same Resolve was ratified
the 9th of May following. This, according to the
rule formerly pursued of making the business of the whole session refer
to the first day thereof, might, by a fiction of the
Law against the real fact, have prevented any chasm:
but according to our present constitution of admitting no
retrospective Law to operate, might have been the subject of some
doubt. But to waive this point, I understood that
Debruhl would make some very ample discoveries of
several companies concerned in counterfeiting the Bills of this
State, and passing the same counterfeit money. I therefore
had him brought to my room, and after passing my word
to him, that if he would make a true and faithful
discovery of his accomplices and others he might know to have been
concerned in counterfeiting the said Bills and passing the
same, I would use my interest and endeavor to obtain
him indemnity for what he had
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been guilty of in that respect, he
deposed an oath as in the inclosed depositions. From
several circumstances of his behaviour I am induced
to think his information genuine. Mr. Avery and Col. Kennan seem to have
the same opinion of him: and if so, his detecting
such companies of confederated villains will be of
infinitely more service to the State, than his single
punishment would be, were the matter of his offence clear, as to time
and other circumstances. I have therefore directed
him to be bailed by any magistrate of this County, on
his producing such securities for his good behavior, and
appearance as a witness to prosecute those offenders in Wilmington
District, at the next Wilmington District Court, as
it is probable he may get to enter into recognisance
with him: as that of Wilmington will be the first Court in course,
where his testimony in that behalf will be necessary. And
if he procures security, I make no doubt but he will
attend at that Court as a witness, I therefore have
thought it my duty to transmit these depositions to your
Excellency, so as they be considered of by your Excellency and the
ensuing Council of State, and such measures thereupon
pursued, as may secure the bringing to justice those
dangerous and pernicious pests of society. We have,
notwithstanding the difficulty of procuring an attorney and clerk to act
on behalf of the State, been so fortunate as to hold
a Court of the Sessions of the Peace, Oyer &
Terminer and General Gaol Delivery this term for the
District of Halifax, and have done some business; but had but one
capital trial, which was that of one William Reddock
for murder. He was cleared by verdict of the jury.
What by the enlargement of prisoners by the Commissioner appointed by
Resolve of Assembly, and some removed to the Western
Districts, this gaol will be left almost totally
clear of prisoners very shortly. I hope your Excellency
will excuse the want of correcting and transcribing this letter, as I
have to send it off early tomorrow morning, and it
is now very late at night.
I have the honor to be, Sir, with great respect,
Your Excellency's most obed. humble servant,
SAM'L. SPENCER.
Governor Caswell.
