“Leave for his brother Benjamin, his son and servant, to depart this State”

As the year 1777 began, the Loyalist Benjamin Davis remained in the Boston jail along with his son and an enslaved servant.

Davis refused to petition the Massachusetts General Court for his release since he didn’t want to recognize the independent state government. But his religious scruples didn’t stop his brother Edward.

On 4 February, Massachusetts Council member Benjamin Austin came into the assembly chamber with

a petition of Edward Davis, of Boston, in behalf of his brother, Benjamin Davis, and son, prisoners in Boston Goal, praying that they may be permitted to go with a cartel to Newport

A “cartel” was the mechanism for a prisoner exchange.

The legislature named a joint committee of Austin and two House members to consider the request. The next day, that committee recommended “That the petitioner have leave to withdraw the same.” The General Court approved. That was a polite way of saying no.

On 18 February, jailer Joseph Otis listed his prisoners. Among the men noted as “being Enemical to the States” was Benjamin Davis but not his son. Benjamin, Jr., might have been paroled into the town, or at twenty years old he might still have been too young to merit his own listing.

On 6 March, the House noted

A petition of Edward Davis, praying leave for his brother Benjamin, his son and servant, to depart this State, in a cartel vessel bound for Halifax.

This time the response was “Read and dismissed.” That was a blunt way of saying no.

A newly elected legislature took their seats in May. Even as the House was getting itself in order

Nathan Cushing, Esq; brought down a Petition of James Richards, of Norwalk, praying that Mr. Benjamin Davis, a Prisoner in Boston, may be exchanged for his Brother Capt. Samuel Richards, a close Prisoner in New York Goal.

Again, the lawmakers referred this to a committee.

On 2 June, the Massachusetts House and Council reached this agreement:

Resolved that the prayer of the within petition be granted, & that Benjamin Davis now a Prisoner in the Goal in the town of Boston, be exchanged for Capt. Samuel Richards a prisoner in New York, provided that proper care be taken that sd Davis does not carry any papers with him & is cautiously sarched when deliver’d up. And it is also

Resolved that Benjamin Davis junr. Son of the aforesaid Davis, now a Prisoner in Boston Goal be exchanged for Mr John Callender a Prisoner in New York, provided due caution be taken that he does not carry any papers with him & is properly sarched when deliver’d up. But if said Callender or some person of equal rank should not be procured in Exchange for said Davis that said Davis be returned to this State.

Two days later, according to what Davis later told the British government, he was let out of the Boston jail. By the end of the year, it appears, the Davises were established in New York.

TOMORROW: The other side of those exchanges.