JOHN AND DIANNAH PHILLIPS





County Virginia in the Spring of 1781 or 1782.  Robert further states that sometime
thereafter, he was apprehended by some Americans, and taken before Gen. Morgan as a
deserter, who reprimanded them and released Gabriel on account of the oath he had
been compelled to take at Charleston, and that this took place at Morgans head
quarters in Frederick County Va. in the Spring of 1781 or 1782.  Now let us see
where history places Morgan in the Spring of 1781.

Keep it in remembrance, that Gen. Lincoln surrendered at Charleston May 12, 1780,
and that Gabriel Philips was there confined as a prisoner; how long we do not know;
and that the evidence shows he was at home in Loudon co. Va. in the Spring of 1781
or 1782 when he was taken before Morgan – It must have been in 1781, as
circumstances clearly indicate – Now for Gen. Morgans whereabouts in the Spring of
1781.

All the histories of the revolution inform us that on the 17th January 1781, Gen'l
Morgan fought the British at the Cowpens in South Carolina and obtained a signal
victory, and that with his 500 prisoners; 800 muskets; 2 field pieces; 35 baggage
wagons and 100 dragoon horses; he retreated, with Gen. Greene, before the advancing
columns of Lord Cornwallis, into Virginia.  This was Gen. Morgans last active
service in the revolution.  He did not join Greene in the pursuit of Cornwallis to
Guilford, but remained with his command and prisoners in Virginia – The prisoners
were ordered by Greene to Charlotteville, Albemarle county Va. on the direct route
to Loudon and Frederick counties – Frederick was Morgans home, near Winchester,
where he now lies buried.  This will not be denied – And as Morgan was left in
Virginia, and as Frederick was his home and a secure retreat for his men to rest
and recruit, he, no doubt made his head quarters in that county in the Spring of
1781 as stated by Robert Philips.  Loudon and Frederick counties were then joining
each other; but Clarke county, taken from Frederick in 1836, now lies between.

It will therefore, readily be perceived, that Rob't Philips was in a position to
enable him to know that Morgans headquarters was in Frederick county; especially
when we consider that his brother was taken there as a deserter, and released –
Such a circumstance could not escape the notice of a boy 7 or 8 years old – this
being Robert's age at the time – nor would it be soon forgotten.

(The Department will not for a moment deny the surrender of Lincoln at Charleston
S.C. on the 12th June 1780 – the confinement of the American prisoners on prison
ships, and transportation of some of them to Jamaica.)

This whole thing seems to fit up so well, that I cannot see how the Department has
failed to accredit the testimony of Robert Philips, unless it be upon the
presumption that he was too young at the time to remember the facts as detailed.

With regard to this point I submit the following remarks.

If Gabriel Philips enlisted in the winter of 1777, which seems most probable, the
witness, Robert Philips was then near 5 years of age, and Gabriel about 16.  When
Gabriel returned home in 1781, the witness was near 9 years of age, and Gabriel was
near 20.  (The Department will not deny the practice of enlisting boys from 15 to
21 years).

Now the question arises.  Could Robert Philips or other person, at the age of 77
years, remember events that took place when he was from 4 to 9 years old, and
detail them with any degree of accuracy.  I admit that there are some things that
wholy escapes the mind, but genearlly of a trivial nature.  My own experience
authorizes me to assert, that now, at the age of 42, some striking events that 

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