Thomas Crowell and Regulating Loyalist Passage into New Jersey

Before the war, Thomas Crowell was a comfortable merchant who captained his own sloop. He lived at Middletown Point, but spent considerable time at both New Brunswick and New York. He was an early Loyalist who served briefly as a captain in the New Jersey Volunteers. His was among the first Loyalist estates inquisitioned and rented out in Monmouth County. Like many Loyalists who went behind British lines, Crowell maintained familial and business contacts in New Jersey. His attempt to come back into New Jersey in fall 1778 is an excellent example of the difficulties faced by state and Continental authorities when regulating the passage of Loyalists across enemy lines.

At that time, New Jersey law was fairly permissive regarding who could authorize a New Jerseyan to travel to New York or receive a Loyalist from New York. According to the state’s first law on the subject, local magistrates or militia colonels could give out “passes” or “flags” to New York and receive people traveling from British lines. There were no limits on where returning Loyalists, if authorized by their passport, could go. This would complicate Thomas Crowell’s return trip to New Jersey.

Thomas Crowell Returns to New Jersey

On September 21, 1778, Governor William Livingston wrote George Washington. He noted that Crowell had come to New Brunswick under a flag of truce from British Admiral James Gambier “for the sole purpose of his carrying to Brunswick Lewis Costigen & his family.” On landing, Crowell “obtained leave” from Colonel John Neilson of New Brunswick to bring Costigen to the town and “to visit his old acquaintances upon plighting his word and honour not to carry off any provisions to New York.” Crowell behaved himself while in New Brunswick, but not on his way back. Livingston wrote:

One of our militia officers having received information that he [Crowell] had bargained for some flour along shore, and supposing that he would receive it on board soon after he left the City, detached four men, who lay in the reeds to watch his motions.

The militia fired on Crowell in an attempt to stop him from receiving the goods, but Crowell picked up the goods anyway. The militia boarded a boat and caught up with Crowell’s sloop. Livingston wrote:

They found on board nine barrels of flour, three firkins of butter and some other articles. It appears from some of his papers which he threw overboard tied to a stone, and which the ebbing of the tide left dry, that he had brought a quantity of sugar to barter for those articles. The captors brought his vessel back to Brunswick, and claim both her and her cargo.

Livingston ordered Crowell detained at New Brunswick. But Crowell’s status of traveling under a flag of truce raised difficult legal questions regarding him and his vessel because he was permitted to land at New Brunswick. Livingston wrote:

What he has done, would by our Law have incurred a forfeiture of both vessel & cargo had the like been done by any of our own Subjects. How far his Flagg is a protection of his Vessel so as to exempt her from that confiscation which another Vessel the property of a citizen, would be liable to, in similar circumstances, is not so clear as I could wish it.

Washington did not respond quickly, suggesting that he consulted with the Continental Congress or attorneys associated with it. On October 5, he finally wrote back:

The conduct of Crowel appears to me to have forfeited the protection he derived from the flag and to justify in point of right the detention of his person and the confiscation of the Vessel and her effects. The obligation of a flag is reciprocal. On the one hand it ought to be inviolable, when conducted agreeable to the rules of War and honor; and on the other, any fraud or deceit committed under its sanction is doubly criminal, and the laws and practice of nations will authorize inflicting a punishment proportioned to the crime.

Crowell’s vessel was impounded. It was condemned in admiralty court as a legitimate prize of war on December 1. Crowell was sent back to New York. He was hired as the Port Warden of the City of New York, a patronage position that may have been given to him as compensation for his lost vessel. Later in the war, Crowell would become a leader of the Associated Loyalists, a vigilante group in New York, and would conduct ad hoc prisoner exchanges outside of the official Continental-British exchange process.

Tightening Rules on Loyalist Passage

After Crowell’s vessel was taken, Washington wrote General William Maxwell, to position him as gatekeeper for Loyalists seeking entry into New York:

Mr. Crowell's recent violation of the usages and laws of flags render it necessary to adopt some measures that may prevent similar proceedings in the future. For this, you will immediately fix upon a certain number of places for the reception of flag-boats, and advise the commanding Officer on Staten Island of the places, and that no flag boats will be received anywhere else without a special permission. But should the Governor think it expedient, in particular instances, to nominate any other place, at any time, you will comply with his intentions.

On December 16, a peeved Maxwell wrote General Washington about the British frivolously issuing passes to Monmouth County Loyalists:

I have inclosed you a Letter from General [David] Jones to Genl [Courtland] Skinner with Genl Leslie’s [Alexander Leslie] pass to Vanmater [Daniel Van Mater]; all which I think very extraordinary. I ordered this Vanmater back immediately and His Lordship [Lord Stirling] had ordered the others home before, but the inclosed shows that they had been appointed to come here long before His Lordship knew anything of the Matter & I have good reason to think that they are collecting their friends from different parts and providing passes for them on their arrival here, and refusing all others.

An enclosed pass supports Maxwell’s theory. Two Monmouth County Loyalists, Edmund Bembridge and John Van Mater were permitted “to come to Staten Island to meet Mr Daniel Vanmater & Mr Henry Vanmater. Or, in case Lord Stirling refuses them leave, Mr Danl & Henry Vanmater have my permission to pass to Elizabeth Town." Governor Livingston was concerned passes were enabling illegal trade with the enemy. He wrote Washington December 21 with a proposal to curb illegal trade between Monmouth County and New York by limiting the number of "flag vessels" to only the first day of the month.

In addition to Loyalists traveling as directed by their passports, there were Loyalists who exceeded the direction on their passports. On January 20, 1779, the New Jersey Gazette reported that two weeks earlier:

A certain Joseph Cassel of Philadelphia was apprehended on his way to the enemy in New York via Shrewsbury without a proper passport… he had a number of letters with him from Tories in Philadelphia to their friends in New York, from which it appears that constant correspondence is kept up and traffic carried on between the refugees in New York and the disaffected in this state and Pennsylvania, by way of Shrewsbury.

This was not the only passport from New York to Shrewsbury used improperly. In May 1779, the New Jersey Legislative Council (the Upper House of the Legislature) considered the case of Abel Thomas and James Thomas. The Thomas brothers were devout Quakers who had come from Long Island to Shrewsbury with a passport, and then traveled to Manasquan, Barnegat, and Egg Harbor. 

Apparently, they were only permitted to travel to Shrewsbury. It was common practice for Quakers to maintain their community by sending members to visit several meetings in another region. The Legislative Council accepted an apology and suspended any punishments on the Thomas brothers because they had no "designs injurious to the liberties of America." The Thomas brothers completed their visits and returned to New York.

Suspect use of passports to and from Monmouth County forced the New Jersey Government to act. On May 18, 1779, Governor Livingston wrote Elias Boudinot, the Commissary of Prisoners, to tell him about new restrictions on Loyalists coming into New Jersey, and New Jerseyans going to New York:

No persons to go into the Enemy's lines from this State, or to come into it from thence but by way of Elizabethtown; You will be pleased to give the strictest orders to the persons navigating the boats with provisions for our prisoners from Shrewsbury and other parts of this State.

Livingston also warned Boudinot not to tolerate backsliding from Shrewsbury leaders issuing passes. “If you detect them disobeying this order, it is expected you will immediately supersede him [them]."

The New Jersey Legislature would pass three more laws further limiting who could issue passports and receive travelers from New York. At war’s end, only General Washington or Governor Livingston (including their immediate staff) could issue a passport for going to enemy lines. Further, Elizabethtown was named the only legal port of entry for people coming to New York.

The British similarly cracked down on New Jersey Whigs (supporters of the Revolution) coming into New York (see appendix). On August 14, 1779, the Loyalist New York Gazette published an order from General James Pattison declaring that all small boats entering New York must have a pass, and that those boats must first visit "the commanding officer at an Out-Post" at one of six locations (one was Sandy Hook) for inspection and receipt of a British pass. Boats landing at New York City without a pass would be seized and forfeited.

Whether in New Jersey or New York, whether Revolutionary or Loyalist, many people simply ignored the various laws and orders from the two governments (some travelers likely knew little about them). Illegal passage to and from New York from the Monmouth shoreline and Raritan Bay continued without an effective check for the entirety of the war.

Related Historic Sites: Conference House (Staten Island)

Appendix: Monmouth County Revolutionaries Legally Pass to New York

The first Monmouth Countian to travel to New York under a properly issued flag of truce was militia Captain Andrew Brown. He went to New York in May 1778 with a cargo of flour for prisoners of war. On May 24, he wrote Elias Boudinot, the Commissary of Prisoners: "this will inform you of my return from Staten Island after an unsuccessful voyage." Brown was informed by a Captain Robertson that the British general overseeing prisoners "did not seem altogether pleased" by Brown's offer of a cargo of flour to feed American prisoners. Boudinot replied the next day, "You can now go home… I will send a bushel more--if you think it will be advantageous to store the flour and take the boat to Middletown."

Captain John Combs of the New Jersey Line was the next Monmouth Countian documented as going to New York under a flag. On December 1, 1778, he wrote Lord Stirling (General William Alexander) of his trip to New York "for the purpose of delivering your Lordship's dispatches" to the British. Once he crossed enemy lines, Combs was detained by a Captain Ross in the sloop George, who stopped Combs. Combs wrote that "they [Stirling’s letters] were put under the care and protection of a British officer.”  Combs gave Ross the letters and took a receipt from Ross which “is herewith enclosed."

Ordinary citizens also had reason to go to New York and won the sympathy of local officials and Continental Army officers. One of those was Major Henry “Light Horse Harry” Lee, the famous Virginia officer, who was stationed in Monmouth County twice. In December 1779, Judge John Imlay wrote Governor Livingston about Lee issuing passports. On December 18, Livingston wrote back:

I believe Maj Lee has been overseen when he was granting passports when he was stationed in Monmouth; but I have lately so fully explained to him the dangerous tendency of such a practice & his want of authority for that purpose, that I flatter myself he will for the future cause no further complaint on the subject.

Livingston wrote Lee cautioning him against issuing passes to civilians. Just three days later, the New Jersey Assembly passed a law restricting travel to New York only to those who obtained a passport from Governor Livingston or General Washington. The bill passed by a 26-5 vote.

In the next year, at least two Monmouth County officials wrote the governor for passports. Captain Samuel Dennis wrote the Governor in April 1780. He requested a pass for Elizabeth Ritter:

To go to New York and pass back again, she has a desire to see her aged father and mother, being in residence there; she has no other way to expect to ever see them, she will promise to take nothing with her except her youngest child.

Dennis vouched for Ritter’s good character and called her "a peaceable body."  Four months later, Nathaniel Scudder requested a passport for Reverend William Ayers to pass to New York. Scudder claimed his mission would be "of great benefit and charity, and that it cannot be of any bad consequences." It is unknown if a passport was issued for either request.

Granting passports remained a complicated topic through the end of the war. In 1782, Governor Livingston wrote to Thomas Henderson, John Covenhoven, Thomas Seabrook (Monmouth's delegates to the Assembly at the time) regarding issuing a passport to Major John Cook of Toms River to go to New York. The Governor lamented that too many passports were being issued by Continental officers: "those under the direction of the Continent go often.” He, nonetheless, denied the request for Cook’s passport for New York, “I cannot think it my duty to oblige Mr. Cook in a permission to bring over goods.” However, Livingston did authorize Cook’s family, which had gone to New York while Cook was a prisoner there, to return to New Jersey: “I have cheerfully given him a pass for his family, with all their apparel and hard money they may bring.”

Washington was similarly critical of passports being issued by Monmouth County’s civil officers at war’s end. He wrote in May 1782: "I am told there is quite an open intercourse between the City of New York and the County of Monmouth, by means of prostituted Flags of Truce."

Sources: The Papers of George Washington, Revolutionary War Series, vol. 17, 15 September–31 October 1778, ed. Philander D. Chase. Charlottesville: University of Virginia Press, 2008, pp. 72–74; George Washington to Wiliam Maxwell, The Papers of George Washington, Revolutionary War Series, vol. 17, 15 September–31 October 1778, ed. Philander D. Chase. Charlottesville: University of Virginia Press, 2008, p. 268-9, 282; Ruth M. Keesey, "New Jersey Legislation Concerning Loyalists," Proceedings of the New Jersey Historical Society, vol. 79 (1961), pp. 82, 84; Elias Boudinot to Andrew Brown, Historical Society of Pennsylvania; Elias Boudinot Papers, Coll. #68, box 2, folder 16.20; Carl Prince, Papers of William Livingston (New Brunswick: Rutgers University Press, 1987) vol. 2, pp. 342-3; John Combs to Lord Stirling, New York Historical Society, William Alexander Papers, vol. 1, p. 231; William Maxwell to George Washington, The Papers of George Washington, Revolutionary War Series, vol. 18, 1 November 1778 – 14 January 1779, ed. Edward G. Lengel. Charlottesville: University of Virginia Press, 2008, pp. 426–427; William Livingston to George Washington, Carl Prince, Papers of William Livingston (New Brunswick: Rutgers University Press, 1987) vol. 3, pp. 519-20; Library of Congress, Early American Newspaper, New Jersey Gazette, reel 1930; Testimony of Lt. Col. A. Emmerick, Great Britain, Public Record Office, Audit Office, Class 13, volume 109, folio 296-7; William Livingston to Elias Boudinot, Carl Prince, Papers of William Livingston (New Brunswick: Rutgers University Press, 1987) vol. 3, p 91; Ruth M. Keesey, "New Jersey Legislation Concerning Loyalists," Proceedings of the New Jersey Historical Society, vol. 79 (1961), pp. 86-7; Library of Congress, Rivington's New York Gazette, reel 2906; William Livingston to John Imlay, Carl Prince, Papers of William Livingston (New Brunswick: Rutgers University Press, 1987) vol. 3, p 271; The Library Company, New Jersey Votes of the Assembly, December 21, 1779, p 93; New Jersey State Archives, William Livingston Papers, reel 11, April 17, 1780; Nathaniel Scudder to William Livingston, New Jersey State Archives, William Livingston Papers, reel 12, July 17, 1780; William Livingston to Thomas Henderson, John Covenhoven, and Thomas Seabrook, Carl Prince, Papers of William Livingston (New Brunswick: Rutgers University Press, 1987) vol. 4, pp. 367-8; George Washington to William Livingston, Library of Congress, George Washington Papers, http://memory.loc.gov/cgi-bin/query/r?ammem/mgw:@field(DOCID+@lit(gw240250)).