Cheney Clow - Cheney's Rebellion, Capture and Imprisonment

Cheney's Rebellion, Capture and Imprisonment

At the outbreak of the American War of Independence, about a third of the colonist had no desire for independence from Britain but in Kent County, Delaware, where Cheney Clow was living, the Loyalist were greatly outnumbered. Cheney chose to support the King of Britain and was commissioned a British Officer at some point either earlier before the Revolution began or toward the beginning of Colonial Revolutionary activities. He now found himself a Tory. As the war progressed the Tories constantly created terror by raiding and plundering the colonist, supplies to the British, robbed the mails, plotted against the life of Washington, and generally became very disliked by their neighbors.

During the War, in 1778, the colony passed a law requiring all male citizens over the age of 21 to take an "Oath of Allegiance." A Tory would be pardoned if the Oath was given, if not he would suffer the confiscation of all his land and possessions. When it became time for Cheney's Oath he refused. He also refused to pay taxes to Delaware claiming he was living in Maryland. His farm was on both sides of the state line but the house sat in Delaware.

On the morning of April 18, 1778, the Sheriff of Kent County, Delaware, John Clayton, went out to arrest Cheney Clow. This attempt erupted into a gun battle and one of the Sheriff's men, named Moore, was killed. Cheney was charged with the murder of the posse member Moore. Moore had been shot in the back while facing and firing toward Cheney Clow when he was shot. It is thought that Moore was shot by a member of his own posse. When the battle was over, Cheney's wife, Susannah, who had been helping her husband load rifles, was wounded and Cheney was arrested and taken to jail. This action 200 years later would be known as "Cheney Clow's Rebellion".

At this point, the local citizens wanted Cheney's head, they wanted blood, they wanted him charged, and executed for treason. For four years he sat in prison and on December 12, 1782, Cheney Clow was brought to trial. He was tried for treason for his role in the Loyalist rebellion against Delaware. The jury found him not guilty of treason and he was acquitted but authorities kept him in prison. It seemed that Cheney hadn't taken the Oath and therefore could not be charged with treason. Keeping him in prison, they charged him with burglary and murder, later the burglary charge was dropped for the lack of evidence but he had to stand trial on the murder charge.