On the following day General MacDonald and nearly all the chief men were taken prisoners, amongst whom was MacDonald of Kingsborough and his son Alexander. A partial list of those apprehended is given in a report of the Committee of the Provincial Congress, reported April 20th and May 10th on the guilt of the Highland and Regulator officers then confined in Halifax gaol, finding the prisoners were of four different cla.s.ses, viz.:

First, Prisoners who had served in Congress.

Second, Prisoners who had signed Tests or a.s.sociations.

Third, Prisoners who had been in arms without such circ.u.mstances.

Fourth, Prisoners under suspicious circ.u.mstances.

The Highlanders coming under the one or the other of these cla.s.ses are given in the following order:

Farquhard Campbell, c.u.mberland county.

Alexander McKay, Capt. of 38 men. c.u.mberland county.

Alexander McDonald (Condrach), Major of a regiment.

Alexander Morrison. Captain of a company of 35 men.

Alexander MacDonald, son of Kingsborough, a volunteer, Anson county.

James MacDonald, Captain of a company of 25 men.

Alexander McLeod, Captain of a company of 32 men.

John MacDonald, Captain of a company of 40 men.

Alexander McLeod, Captain of a company of 16 men.

Murdoch McAskell, Captain of a company of 34 men.

Alexander McLeod, Captain of a company of 16 men.

Angus McDonald, Captain of a company of 30 men.

Neill McArthur, Freeholder of Cross Creek, Captain of a company of 55 men.

Francis Frazier, Adjutant to General MacDonald's Army.

John McLeod, of c.u.mberland county, Captain of company of 35 men.

John McKinzie, of c.u.mberland county, Captain of company of 43 men.

Kennith Macdonald, Aide-de-camp to General Macdonald.

Murdoch McLeod, of Anson county, Surgeon to General Macdonald's Army.

Donald McLeod, of Anson county, Lieutenant in Captain Morrison's Company.

Norman McLeod, of Anson county, Ensign in James McDonald's company.

John McLeod, of Anson county, Lieutenant in James McDonald's company.

Laughlin McKinnon, freeholder in c.u.mberland county, Lieutenant in Col.

Rutherford's corps.

James Munroe, freeholder in c.u.mberland county, Lieutenant in Capt. McKay's company.

Donald Morrison, Ensign to Capt. Morrison's company.

John McLeod, Ensign to Capt. Morrison's company.

Archibald McEachern, Bladen county, Lieutenant to Capt. McArthur's company.

Rory McKinnen, freeholder Anson county, volunteer.

Donald McLeod, freeholder c.u.mberland county, Master to two Regiments, General McDonald's Army.

Donald Stuart, Quarter Master to Col. Rutherford's Regiment.

Allen Macdonald of Kingsborough, freeholder of Anson county, Col. Regiment.

Duncan St. Clair.

Daniel McDaniel, Lieutenant in Seymore York's company.

Alexander McRaw, freeholder Anson county, Capt. company 47 men.

Kenneth Stuart, Lieutenant Capt Stuart's company.

Collin McIver, Lieutenant Capt. Leggate's company.

Alexander Maclaine, Commissary to General Macdonald's Army.

Angus Campbell, Captain company 30 men.

Alexander Stuart, Captain company 30 men.

Hugh McDonald, Anson county, volunteer.

John McDonald, common soldier.

Daniel Cameron, common soldier.

Daniel McLean, freeholder, c.u.mberland county, Lieutenant to Angus Campbell's company.

Malcolm McNeill, recruiting agent for General Macdonald's Army, accused of using compulsion.[52]

The following is a list of the prisoners sent from North Carolina to Philadelphia, enclosed in a letter of April 22, 1776:

"1 His Excellency Donald McDonald Esqr Brigadier General of the Tory Army and Commander in Chief in North Carolina.

2 Colonel Allen McDonald (of Kingsborough) first in Commission of Array and second in Command 3 Alexander McDonald son of Kingsborough 4 Major Alexander McDonald (Condrack) 5 Capt Alexander McRay 6 Capt John Leggate 7 Capt James McDonald 8 Capt Alexr. McLeod 9 Capt Alexr. Morrison 10 Capt John McDonald 11 Capt Alexr. McLeod 12 Capt Murdoch McAskell 13 Capt Alexander McLeod 14 Capt Angus McDonald 15 Capt Neil McArthur[53]

16 Capt James Mens of the light horse.

17 Capt John McLeod 18 Capt Thos. Wier 19 Capt John McKenzie 20 Lieut John Murchison 21 Kennith McDonald, Aid de Camp to Genl McDonald 22 Murdock McLeod, Surgeon 23 Adjutant General John Smith 24 Donald McLeod Quarter Master 25 John Bethune Chaplain 26 Farquhard Campbell late a delegate in the provincial Congress--Spy and Confidential Emissary of Governor Martin."[54]

Some of the prisoners were discharged soon after their arrest, by making and signing the proper oath, of which the following is taken from the Records:

"Oath of Malcolm McNeill and Joseph Smith. We Malcolm McNeil and Joseph Smith do Solemnly Swear on the Holy Evangelists of Almighty G.o.d that we will not on any pretence whatsoever take up or bear Arms against the Inhabitants of the United States of America and that we will not disclose or make known any matters within our knowledge now carrying on within the United States and that we will not carry out more than fifty pounds of Gold & Silver in value to fifty pounds Carolina Currency. So help us G.o.d.

Malcolm McNeill, Halifax, 13th Augt, 1776. Joseph Smith."[55]

The North Carolina Provincial Congress on March 5, 1776, "Resolved, That Colonel Richard Caswell send, under a sufficient guard, Brigadier General Donald McDonald, taken at the battle of Moore's Creek Bridge, to the Town of Halifax, and there to have him committed a close prisoner in the jail of the said Town, until further orders."[56]

The same Congress, held in Halifax April 5th, "Resolved, That General McDonald be admitted to his parole upon the following conditions: That he does not go without the limits of the Town of Halifax; that he does not directly or indirectly, while a prisoner, correspond with any person or persons who are or may be in opposition to American measures, or by any manner or means convey to them intelligence of any sort; that he take no draft, nor procure them to be taken by any one else, of any place or places in which he may be, while upon his parole, that shall now, or may hereafter give information to our enemies which can be injurious to us, or the common cause of America; but that without equivocation, mental evasion, or secret reservation, he pay the most exact and faithful attention to the intent and meaning of these conditions, according to the rules and regulations of war; and that he every day appear between the hours of ten and twelve o'clock to the Officer of the Guard."[57]

On April 11th, the same parole was offered to Allan MacDonald of Kingsborough.[58]

The Pennsylvania Committee of Safety, at its session in Philadelphia, held May 25, 1776, ordered the Highland prisoners, mentioned on page 219, naming each one separately to be "safely kept in close confinement until discharged by the honorable Congress or this Committee."[59] Four days later, General MacDonald addressed a letter to the Continental Congress, in which he said,

"That he was, by a party of hors.e.m.e.n, upon the 28th day of February last, taken prisoner from sick quarters, eight miles from Widow Moor's Creek, where he lay dangerously ill, and carried to Colonel Caswell's camp, where General Moore then commanded, to whom he delivered his sword as prisoner of war, which General Moore was pleased to deliver back in a genteel manner before all his officers then present, according to the rules and customs of war practised in all nations; a.s.suring him at the same time that he would be well treated, and his baggage and property delivered to him, &c. Having taken leave of General Moore and Colonel Caswell, Lieutenant-Colonel Bryant took him under his care; and after rummaging his baggage for papers, &c., conducted him to Newbern, from thence with his baggage to Halifax, where the Committee of Safety there thought proper to commit him to the common jail; his horses, saddles, and pistols, &c., taken from him, and never having committed any act of violence against the person or property of any man; that he remained in this jail near a month, until General Howe arrived there, who did him the honour to call upon him in jail; and he has reason to think that General Howe thought this treatment erroneous and without a precedent; that upon this representation to the Convention, General McDonald was, by order of the Convention, permitted, upon parole, to the limits of the town of Halifax, until the 25th of April last, when he was appointed to march, with the other gentlemen prisoners, escorted from the jail there to this place. General McDonald would wish to know what crime he has since been guilty of, deserving his being recommitted to the jail of Philadelphia, without his bedding or baggage, and his sword and his servant detained from him. The other gentlemen prisoners are in great want for their blankets and other necessaries.

Donald McDonald."[60]

The Continental Congress, on September 4th, "Resolved, That the proposal made by General Howe, as delivered by General Sullivan, of exchanging General Sullivan for General Prescot, and Lord Stirling for Brigadier-General, be complied with."[61]

This being communicated to General McDonald he addressed, to the Secretary of War the following:

"Philadelphia Gaol, September 6, 1776.

To the Secretary of War:

General McDonald's compliments to the Secretary of War. He is obliged to him for his polite information, that the Congress have been pleased to agree that Generals Prescott and McDonald shall be exchanged for the Generals Sullivan and Stirling. General McDonald is obliged to the Congress for the reference to the Board of War for his departure: The indulgence of eight or ten days will, he hopes, be sufficient to prepare him for his journey. His baggage will require a cart to carry it. He is not provided with horses--submits it to the Congress and Board how he may be conducted with safety to his place of destination, not doubting his servant will be permitted to go along with him, and that his sword may be returned to him, which he is informed the Commissary received from his servant on the 25th of May last.

General McDonald begs leave to acquaint the Secretary and the Board of War, for the information of Congress, that when he was brought prisoner from sick quarters to General Moore's camp, at Moore's Creek, upon the 28th of February last, General Moore treated him with respect to his rank and commission in the King of Great Britain's service. He would have given him a parole to return to his sick quarters, as his low state of health required it much at that time, but Colonel Caswell objected thereto, and had him conducted prisoner to Newbern, but gently treated all the way by Colonel Caswell and his officers.

From Newbern he was conducted by a guard of Horse to Halifax, and committed on his arrival, after forty-five miles journey the last day, in a sickly state of health, and immediately ushered into a common gaol, without bed or bedding, fire or candles, in a cold, long night, by Colonel Long, who did not appear to me to behave like a gentleman. That notwithstanding the promised protection for person and property he had from General Moore, a man called Longfield c.o.x, a wagonmaster to Colonel Caswell's army, seized upon his horse, saddle, pistols, and other arms, and violently detained the same by refusing to deliver them up to Colonel Bryan, who conducted him to Newbern.

Colonel Long was pleased to detain his mare at Halifax when sent prisoner from thence to here. Sorry to dwell so long upon so disagreeable a subject."[62]

This letter was submitted to the Continental Congress on September 7th, when it "Resolved, That he be allowed four days to prepare for his journey; That a copy of that part of his Letter respecting his treatment in North Carolina, be sent to the Convention of that State."[63]

Notwithstanding General Sir William Howe had agreed to make the specified exchange of prisoners, yet in a letter addressed to Washington, September 21, 1776, he states: