This information was originally published by:ONTARIO HISTORICAL SOCIETY Papers and Records Volume ??, Published in Toronto in 19??Pg 112-120. BLACK LIST*A list of those Tories who took part with Great Britain In the Revolutionary War and were attainted of -:HIGH TREASON:-Commonly called the -:BLACK LIST:- to which is prefixed the legal opinions of ATTORNEYS-GENERAL McKEAN & DALLAS,etc. PHILADELPHIA, PRINTED FOR THE PROPRIETOR. 1802. Copyright secured according to Law.*Contributed by Mrs. J Rose Holden of Hamilton. snip)... It may, therefore, be proper to subdivide the question and consider, 1-The situation of those who, previous to the 11th February, 1777, adhered to the King of Great Britain. 2-The situation of those who, after that time, took the oath of allegiance,or joined the British, and have been attainted of high treason. 3-Of those who, after the 11th February, 1777, took the oath of allegiance to, or joined the British armies, and were NOT attainted of treason. 1.--With respect to those who, previous to Feb. 11th, 1777, made their election, and adhered to the British, I conceive there can be no doubt,they became British subjects, and could not afterwards become citizens of Pennsylvania, but by complying with the forms, etc., prescribed it the Acts for the naturalization of foreigners. This priciple seems to be settled by the case of the Commonwealth against Chapman, determined in the Supreme Court of Pennsylvania, in April, 1781. 2.--With regard to those who, after February, 1777, joined the British, and were attainted of treason, where the attainder has not been reversed or a pardon procured, they cannot be considered as restored to the rights of citizenship. The treaty of peace did not operate as a reversal of the attainder nor as a pardon, but only protects the persons from further prosecution or punishment. 3.--As to the third class, who, after the 11th. February, 1777, took the oath of allegiance to the King of Great Britain, or joined the British armies, and were not attainted, they cannot be considered as expatriated;though such acts might be deemed overt acts of treason, they must still be considered as citizens, and entitled to the rights of citizenship. Till attainder, their rights were not forfeited. The test laws have now no operation on the question, unless to show the sense of the Legislature in support of the above principle. By the eleventh section of the Act of 5th December, 1778, it is enacted that those who had taken the oath or affirmation of allegiance to the State, and afterwards to the King of Great Britain, should be incapable of election, etc., until they should take the oath therein prescribed by the Act of 13th March, 1789,all the test laws were repealed, and the oath of allegiance, etc.,rendered unnecessary. So that those who took an oath of allegiance to the King of Great Britain, joined his banner, or committed any other treasonable act, are not disfranchised unless attainted. J. B. McKEAN. Smither, James. Lightfoot, Thomas, surrendered and discharged. [1702 SMITHER, Jas wittness to Nuncupative Will-1702 Philadelphia Co Pa Thomas Lightfoot, late of England-with John Neally of Apoquininuk sole heir Listed as being abt 50 yrs old. b c1652 [ancestry.com website for wills] Lightfoot, Thomas. Late of England. Tailor. July 30, 1702. Nuncupative will. John Neally of Apoquininunk sole heir. James Smithers about 50years old, William Williamson 28 years old.] SECRETARY'S OFFICE, LANCASTER.September 18th, 1802 I do certify to all whom it may concern, that the foregoing is a true copy of the Original, remaining on file, in the said Office. Witness my hand and seal the day and year aforesaid. (Sgd.) T. M. TH0MPS0N, Sec. Bill Martin, Thunder Bay, Ontario, Canada. email bmartin@tbaytel.net My Main Site at http://www.tbaytel.net/bmartin/ My Secondary Site at http://freepages.genealogy.rootsweb.com/~wjmartin/ http://www.mdarchives.state.md.us/msa/speccol/1399/reports/html/268m4.html MAP #: 268M4 CARTOGRAPHER : MASON, CHARLES & DIXON, JEREMIAH DATE: 1768 SHORT TITLE : A PLAN OF THE WEST LINE PLACE OF PUBLICATION : PHILADELPHIA THE ENGRAVING OF THE SURVEY WAS STARTED BY HENRY DAWKINS, WHO IT WAS THOUGHT ENGRAVED THE EASTERN SHEET IN ITS ENTIRETY AND SOME OF THIS WESTERN SHEET. IN JULY, 1768, FOR UNKNOWN REASONS, DAWKINS WITHDREW FROM THE PROJECT AND THE WORK WAS COMPLETED BY JAMES SMITHER, ALSO FROM PHILADELPHIA. THE MAP WAS PRINTED BY ROBERT KENNEDY OF PHILADELPHIA http://www.coins.nd.edu/ColCoin/ColCoinIntros/Pitt.intro.html In 1859 Montroville Dickeson in his The American Numismatic Manual stated the dies for the Pitt tokens were made by James Smither, an attribution that has continued in the numismatic literature. Smither was an English born gunsmith and engraver who worked in Philadelphia during the 1760's-1770's. He is know for engraving the border cuts for the April 3, 1772 emission of Pennsylvania currency. It seems Smither was a Tory sympathizer for on June 25, 1778 the Supreme Executive Council of Pennsylvania accused Smither of high treason. Following this pronouncement Smither left Philadelphia with the British troops and took up residence in the British stronghold of New York City, not returning to Philadelphia until 1786. http://www.goldbergcoins.net/catalogarchive/20010216/chap002.shtml 1766 Pitt Token Halfpenny. PCGS graded AU-58. These were struck to commemorate the victory of the American people over the stamp act. The obverse depicts Sir William Pitt, who defended the rebellious colonists in America by supporting their cause in Parliament. Pitt stated "as subjects they are entitled to the common right of representation, and cannot be bound to pay taxes without their consent,"--Pitt further demanded the Stamp Act be repealed, which it was soon thereafter. James Smither engraved the dies, allegedly from sketches by Paul Revere, and they were struck in either New York or Philadelphia. Light chocolate brown in color and well struck by the dies, the surfaces are free of problems and the coin is highly desirable. A scarce coin in this grade, and worth a strong bid. Estimated Value $2,500-UP. http://olivetreegenealogy.com/loy/muster/pa1778.shtml LOYALIST & BRITISH MUSTER ROLLS Contributor Murray McCombs 1778 List of Men From Pennsylvania who joined the British Army The following individuals are reported in the June 17, 1778 edition of the Pennsylvania Packet as having joined the British Army and were therefore proclaimed traitors to the United States . Some, but not all, had Quaker ancestry or were Quakers themselves. All now or late of the County of Philadelphia all now or late of the Northern Liberties township James Smither, engraver, Disclaimer: Although every effort has been made to ensure the accuracy and reliability of the information on The Olive Tree Genealogy pages, all transcriptions are subject to human error, and researchers should always check the original source of any list. http://ftp.rootsweb.com/pub/usgenweb/pa/philadelphia/church/stpaulphil01.txt Church: Part I - ST. PAUL'S CHURCH, P. E. Marriages 1759-1806: Philadelphia, PA Pennsylvania Archives. Second Series. Vol. IX. Published under direction of Matthew S. Quay, Secretary of the Commonwealth. Edited by John B. Linn and Wm. H. Egle, M.D. Harrisburg: Lane S. Hart, State Printer, 1880. "Marriage Record of St. Paul's Church, Philadelphia. 1759-1806," pages 441-494. ST. PAUL'S CHURCH, P. E., PHILADELPHIA. 443 1771.September 12, James Smithers and Rachel Betterton, L. 493 1805. July 27, John Smither and Mary Morris. 493 1806. May 1, Nathaniel Delham and Ann Smither. JAMES SMITHER & DESCENDANTS http://www.gencircles.com/users/smothers/8 James Smithers, Sr. Birth: 1651-1652 in probably either Britain, VA, or MD 1 Death: 1723-1729 in Kent Co., MD Father: Smithers Mother: Mrs. Frances Smithers Occupation: Planter, Gentleman (Landed Gentry) Fact 1: May 1681 James Smothers [sic] in Newcastle Co., DE, granted 200 acres 2 Fact 2: Mar 1682/83 Gift deed, Arthur/Frances Taylor to James Smithers 150 acres, Baltimore Co, MD Fact 3: Above 150 acres is half of 300 acres originally acquired from Thomas Lytfoot*** Fact 4: Jun 1699 James Smothers indentures son Thomas to Stephen & Sarah Simons, Kent CoDE Fact 5: 1701-1703 James Smithers, Baltimore Co. MD Tax lists, So Gunpowder Hund & No Fact 6: 30 Jul 1702 James Smothers "50 years old" witness Thomas Lightfoot will, New Castle Co., DE Patapsco Hund Fact 7: 19 Mar 1713/14 James Smeathers [sic] witness to will of Joseph Hopkins (prbtd 1717) Kent Co. MD Fact 8: 1722 James Smithers, Kent Co, MD, Levy Book for keeping Jane Harrin/Harriss almswoman Fact 9: 9 Jan 1722/23 [sic] James Smothers, Sr., Planter, will drawn, Kent Co., MD Fact 10: Named heirs: wife Elizabeth, dau Mary Iyds [Ives/Innes] & sons Wm, John & Thomas Soc. Sec. No.: 25 Apr 1729 James Smothers will probated, Kent Co., MD Elizabeth Taylor (Wife) Children: James Smithers, Jr. William Smithers, Sr. John Smithers Thomas (Smothers) Smithers Mary Smithers children of James Smither and Eliz 1-Jas Smither jr ?? 2-Wm Smither sr md 2x Rebecca & Eliz 3-John Smither md Unk 4-Thomas Smither md Unk 5-Mary Smither md Innes/Ives/Iyds 1-Jas Smithers jr Birth: About 1687 in MD or DE Death: After 1723 Father: James Smithers, Sr. Mother: Elizabeth Taylor Fact 1: 1723 Father is named James "Sr." in his will, but he does not mention a son James Fact 2: No Jas Smithers MD rec'ds 1723-1800, either died or moved away Fact 3: 1762 James, Jr perhaps same Jas Smothers New Castle Co De 1762 2-William Smithers sr m1Rebecca m2 Elizabeth Birth: c1689 MD/DE Death: 25 Aug 1760 Shrewsbury Parish, Kent Co MD Father: James Smithers, Sr. Mother: Elizabeth Taylor Mrs. Elizabeth Forrester (2nd Wife-no kids) Marriage: 31 Oct 1751 in Shrewsbury Parish, Kent Co., MD Fact 1: 26 Mar 1722 William Smothers [sic] chosen Church Warden, Shrewsbury Parish, Kent Co., MD Fact 2: Nov 1723 William Smithers served on Petit Jury; Kent Co MD, Levy Books Fact 3: Nov 1723 Wm & John Smithers rec'd bounty for Squirrels & Crows, Kent Co., MD, Levy Books Fact 4: 4 Dec 1725 Wm Smithers, cattle mark registered Kent Co MD Fact 10: Possibly lived in Kent Co., DE, ca 1741 Marriage Ending Status: Death of one spouse Wm Smithers sr md1 Mrs. Rebecca Smithers (1st Wife-2 kids) Marriage: BEF 1716 in MD Children: 2 Wm & Elizabeth -William Smithers, Jr. MD HANNAH Birth: 2 Jan 1715/16 in Shrewsbury Parish, Kent Co., MD Father: William Smithers, Sr. Mother: Mrs. Rebecca Smithers Fact 1: 1716 Named Wm Smothers, son/o Wm & Rebecca in parish records Mrs. Hannah Smithers (Wife) Children: Rebecca Smithers -Elizabeth Smithers md John Woodle Birth: About 1717 in Kent Co., MD Death: After 25 Aug 1760 Father: William Smithers, Sr. Mother: Mrs. Rebecca Smithers Fact 1: 1760 Named as dau Elizabeth Woodle [sic] in William Smithers' will, Kent Co., MD Fact 2: CAUTION: Elizabeth possibly step-dau to William (with maiden name Forrester) John Woodall (Husband) Marriage: ABT 1733 Children: John Woodall William Woodall James Woodall Martha Woodall Thomas Woodall Edward Woodall Rebecca Woodall m2 John Alley (Husband) Marriage: 1753-1754 3-John Smithers md Unk Birth: About 1691 in MD or DE Death: Unknown Father: James Smithers, Sr. Mother: Elizabeth Taylor Fact 1: CAUTION: Sarah Smythers (m John Boyer) unproven dau/o John Smithers Fact 2: John perhaps father to Wm Smither (m Anna Catherina Jeakey) Fact 3: Nov 1723 Wm & John Smithers rec'd bounty for Squirrels & Crows, Kent Co., MD, Levy Books Fact 4: After 1723 John supposedly lived hester Co PA as dairy farmer Fact 5: 1759 Possibly d in home of (son?) Wm Smither/Smethers in PA Had 1 child:Sarah Smithers ? b 1727 prob Kent Co Md md John Boyer (Husband) Marriage: 24 Feb 1744/45 in Shrewsbury Parish, Kent Co., MD Children: Mary Boyer Elizabeth Boyer John Boyer 4-Thomas Smithers md Unk Birth: 1692-1693 in MD or DE Death: After 1756 in (last known residence: Kent Co., DE, 1756) 2 Father: James Smithers, Sr. Mother: Elizabeth Taylor Occupation: Freeholder Farmer (Yeoman) Fact 1: Jun 1699 Indentured by father James Smothers [sic] to Stephen & Sarah Simons, Kent Co, DE Fact 2: Jun 1699 Indenture record states Thomas Smothers "aged six years old or thereabouts" Fact 3: 29 Dec 1708 Will of Stephen Simons made (wife Sarah exectrx), Kent Co.,DE Fact 4: About 1714 Thomas Smithers/Smothers turns age 21 Fact 5: 10 Jul 1735 Thomas Smathers wit, deed Richrd Smith to Wm Brown, Kent Co., Murderkill Hnd, DE Fact 6: 14 Nov 1735 Thomas Smuthers, yeoman, warrant 100 acre tract, Kent Co., Murderkill Hund., DE Fact 7: 28 Apr 1736 Thomas Smuthers gift deed to son-in-law Jos Goodwin, Kent Co, Murderkill Hnd, DE Fact 8: 2 Aug 1739 Thomas Smothers wit, deed Jno Briant to Thos Lucas, Kent Co., Murderkill Hnd, DE Fact 9: 19 Oct 1741 Deed Thomas Smuthers to Hugh Durborow 109 acres, Kent Co, Murderkill Hnd, DE Fact 10: 14 Sep 1756 Thomas Smother witness to Barbara Swancey will, Kent Co., DE Soc. Sec. No.: NOTE: Thomas Smothers in records 1735 and later could be son Thomas Md UNK 4 kids Marriage: ABT 1714 in (DE probably) Children: William Smothers Ms. Smothers James Smothers Thomas Smothers -Thomas Smothers Birth: 1714-1744 in probably Kent Co., DE Death: 1795 in Orange Co., NC Father: Thomas (Smothers) Smithers Mother:Unk Fact 1: CAUTION: Thomas Smothers' parents, dob/birthplace not proven Fact 2: CAUTION: Susannah Gilliam probably 2nd wife & not mother of all Thomas' children Fact 3: 1770-1784 Estimated date that Thomas Smothers & family arrives in Orange Co., NC Fact 4: 1784 Thomas Smothers, 320 acres, Chatham District, Orange Co., NC, Land Poll Fact 5: 1790 Thomas Smathers in Fed Census (reconstructed), Chatham Dist., Orange Co., NC Fact 6: 20 Aug 1795 Thomas Smothers' will made, Orange Co., NC Fact 7: Will: Susannah Smothers, Executrix; Alexander Summers, Administrator Fact 8: Children/Heirs in the will are as follows (in order): Fact 9: Wm, John, James, Thomas, Sarah, Rebecca (Summers), Elizabeth (Pickerel), & Mary Md Susannah "Suky" Gilliam (Wife) Marriage: ABT 1770 Children: William Smothers John Smothers Thomas Isom Smothers James Smothers Rebecca Smothers Elizabeth Smothers Sarah Smothers Mary Smothers _________________________________________________________________ The new MSN 8: advanced junk mail protection and 2 months FREE* http://join.msn.com/?page=features/junkmail