3711. HENRY (Patrick), Philips case.—
The censure of Mr. E. Randolph on Mr. Henry in the case of Philips, was without
foundation. I remember the case, and took my
part in it. Philips was a mere robber, who
availing himself of the troubles of the times,
collected a banditti, retired to the Dismal
Swamp, and from thence sallied forth, plundering
and maltreating the neighboring inhabitants,
and covering himself, without authority,
under the name of a British subject. Mr.
Henry, then Governor, communicated the case
to me. We both thought the best proceeding
would be by bill of attainder, unless he delivered
himself up for trial within a given time. Philips
was afterwards taken; and Mr. Randolph
being. Attorney General, and apprehending he
would plead that he was a British subject,
taken in arms, in support of his lawful sovereign,
and as a prisoner of war entitled to the
protection of the law of nations, he thought
the safest proceeding would be to indict him at
common law as a telon and robber. Against
this I believe Philips urged the same plea;
he was overruled and found guilty.—
To William Wirt. Washington ed. vi, 369.
Ford ed., ix, 470.
(M.
1814)
