The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-03-13 00:00:00, page 2

PHILADELPHIA,
In GENERAL ASSEMBLY es Pennfylvani&
Saturday, March 6th, 1779.
The bill intitled, “ An a& for the suppression of vice
and immorality," being read the second time, and again
read and debated by paragraphs, was ordered to be tran
scribed for a third reading, and in the mean time printed
fcr public con tideration.
Extras from the minutes,
JOHN MORRIS, Junior,
Clerk of the General Affembiy.
A„ ACT for the /%.',? ffin of -vice and immorality.
WHE REAS Sufficient provision hath not hitherto
been ma le by law for the due observation of the
Lord's day, commonly called Sunday, and the preventing
of Profane (wearing, cursing, druakennefs, cock. fighting,
bullet pitying, h'orte-racing, Ihooting matches, and the
playing or gaming for money or other valuable things,
li^htin^ of duels, and such evil practices which tend
Greatly to debauch the minds and corrupt the morals of
c.c"fufo&s of this commonwealth : For remedy whereof,
Be 5 eaadet, ani it it hereby enadea by the R^re
tentative ^ the Freemen of the Commonwealth of Penn
%/va^a ^ General Wmhly met, and by the authority of
the fame, That if any person shall do any kind of work
of bis or her ordinary calling, or follow or do any world
ly employment w r business whatsoever, on the Lord's day
commonly called Sunday (works of necessity and mercy
only excepted) or shall ute or praHife any game, play,
foert or JiverfioD whatsoever on the laid day, and be con
viaed t ereof before any Justice of the Peace, each and
e^ry person so offending, Ihall, for every such offence,
be fined Ac sum of Three Pounds, to be levied by dis
tress and fie of the offender's goods and chatties, by
warrant under the hand and feel of the fdd Justice ; or in
case the offender shall have none, he or the ihall be com
mitted to the common Jail or Work-hpufe of the County,
there to remain without bail or mainprize for the term of
ten days. . .. o u
Provided afavavs, That nothing in this a^t contained
shall be confirued to prohibit the dressing of viduals in
private families, bake hcufes, or houses of public enter
tainment, or to watermen landing their passengers on the
Lord's day commonly celled Sunday, nor to the felling of
milk before nine of the clock in the morning or after five
in the afternoon of the said day.
And be it farther enabled by the authority ajerefai ', That
if any person of the age of sixteen years or upwards,
within this commonwealth, shall profanely swear or curse,
by tee n me of God, C^rift, Jesus, or the Holy Ghost,
in the hearing of any Justice of the Peace of any coun
ty or of the Burgess or other head officer or Justice of
the Peace of any city, borough, or town corporate,
where fucli,offence is or shall be committed, or ihall be
legally convi^ed by the testimony of one witness, or by
the confeffion of the party offending, before any Judice
of the Peace of the county, or Burgess or other chief of
ficer or Justice of the Peace of such city, borough, or
town corporate where the said offence shall be committed,
that thed, for every such offence, the party so offending
mail forfeit and pay the fum.of Ten Shillings, or fuffer
imprisonment in tee Jail or House of Correction at hard
labour,for any time not exceeding five days.' #
And ^ i' further enacted by tie authority aforefaid, That
whosoever shall swear by any other name or thing, in the
hearing of any Justice of the Peace, or is legally convict
ed thereof by the testimony of one witness, or by the
confeffion of the offender, shall, for every such offence,
forfeit and pay the sum of Five Shillings, or fuffer impri
sonment for any term not exceeding two days in the Jail
or House of Correction at hard labour.
And be it farther enabled by the authority aforefaid, That
any person or persons intoxicating or abusing him or her
feif with excessive drinking, being eonvided thereof by
one or more credible witness before any one Justice ®f the
Peace, shall, for every such offence, forfeit and pay the
sum of Ten Shillings, or fuffer imprisonment for any
term not exceeding five days in tne Jail or House of Cor
redion at hard labour.
Provided also, That no person shall be prosecuted or
molested for any offence before-mentioned in this ass, un
less within ten days after the offence committed.
And be it farther evaded by the authority aforefaid, That
if any person or persons shall promote or encourage any
match or matches of cock-fighting or bullet playing, or
appear in any public or private place with a cock or cocks
prepared to fight for any bet or prize; or, in like manner,
afferable to play at bullets for any bet or prize ; or shall
enter, hart, or run any horse, mare or gelding, for any
bet or prize, or shall promote or be concerned in any
(booting match, for any plate, prize, sum of money, or
other thing of value whatsoever; or shall make, print,
publish, or proclaim any advertisement or notice, of any
plate, prize, sum qf money, or other'thing of value,
for toe use of cock-fighting, bullet playing, horse racing,
or to be (hot for, by any person or persons whosoever ;
be (he, or they, upon conviction thereof by indictment
ia'any Court of Quarter Sessions of the Peace and Jail
Delivery, to be held for the city or county Where the of
fence is or shall be committed, ihall forfeit and pay.the
sum of One Hundred Pounds.
AND WHEREAS cock fighting, bullet playing, horse
races, and shooting matches are frequently held, and
the gaming or playing for money or other things is fre
quently praHifed and carried on at in, or near taverns or
,publick houses; Be it therefore enafled by the authority
aforefaid, That if any publick house keeper, or other re
tailer of strong liquors, shall promote or encourage any
horse race, cock fight, bullet match, Footing match, or
other such idle sport ; or shall fell any wine, rum, whis
key, beer, cyder, or other strong liquors whatsoever, to
any person or persons assembled or met for the purpose
of attending any horse race, cock fight, bullet match,
(hooting mat9h, or other idle sport; or shall permit or
fuffer any kind of playing or gaming for money or other
valuable thing, either at cards, dice, billiards, bowls,
(baffle-board, or in any other manner whatsoever to be
used, pra&ifed, or carried on within his house, or in
any place in his occupancy ; every such public-house
keeper, or retailer of strong liquors, shall, for every such
offence, whereof he flxall be legally convicted upon indi&-
ment in any Court of Quarter Sessions of the Peace and
Jail Delivery, forfeit and pay the sum of Twenty Pounds;
and his licence, from and after such conviction, shall be,
gnd is hereby declared to be absolutely null and void.
And be it further enabled by the authority aforefaid. That
the fines accruing or becoming due for any offences against
this aft, shall ^ paid the one half thereof to the Over
seers of the Poof, for the use of the poor of the city, bo
rough, township or diftrid where such offence shall be
committed and the other half to the person or persons
who ihall prosecute the offender or offenders against this
a& to conviction. Provided always, That no person
shall be indited, prosecuted or molested for any offence
or. offences against this aft, unleE such indictment or pro
secution be commenced within three months after the of
fence or offences committed.
And be it further enabled by the authority aforefaid, That
so much of an aft of Assembly, intitled, “ An aft to re
flrain people from labour on the firft day of the week
and of one other aft of Assembly, intitled, ''An a& for
the more effectual preventing accidents that may- happen
by fire, and for suppressing idleness, drunkenness and
other debaucheries ;" and of one other aft of Assembly,
intitled, " An aft for the more effeßual suppressing pro
fane curling and swearing ;" and one other ad of Assem
bly, intitled, ' Anad to prevent all duelling and fight
ing of duels within thisiprovince and territories," as is al
tered or supplied by, or is repugnant to the provisions of
this ad, shall be, and is hereby repealed and declared to
be null and void to all intents and purposes whatsoever.
Copy of Gen. MOULTRIE's LETTER to &en.
LINCOLN.
“ Dear Sir, Beaufort, Feb 4, 1779.
'' I WROTE to you from General Bull's camp a few days
' ago; when I was there, the militia requeued me to cross
the river with them, which i readily confected to. The
next morning, after leaving a proper guard to our camp,
we began to cross, and got near two hundred and thirty
over by fun set. We immediately marched off, and con
tinued till we got within one mile of Beaufort; here I
rested the troops a few hours, and then proceeded for the
town, which we entered at fun-rife next morning. Hav
ing ordered the troops into quarters, and reposed myfelf
a little, I rode down to view the fort with General Bull
and two er three other gentlemen : We had scarce been
a moment there, when an express arrived, informing us,
that the enemy were in full march for Beaufort, and not
above five miles off. Upon this, I requested Gen. Bull to
ride on for town, and have the men turned out ; I follow
- ed him immediately, found them all paraded, and had
another account of the enemy's coming on very faft I
then moved off the troops in order to meet them, and
having marched two miles, was again informed that they
were within four miles of us. I then proceeded very
(lowly ,looking for a proper piece of groundjtoform upon.
Having soon found a very advantageous spot, I remain
ed there an hour waiting for the enemy, and was then in
formed that they had, after halting awhile, altered their
march, and wpre going towards our ferry: I followed
them, and had got about three miles, when I learnt that
And he it further enaßed by the authority aforefaid, That
if any person or persons shall lose any money, or other va
luable thing, at or upon any cock match, bullet match,
horse race, or (hooting match, or at or upon any play,
pastime, or game whatsoever; the person or persons who
lofeth, or who shall lose the said money, or other valua
ble thing, shall n®t be bound or compelled to pay or make
good the fame ; but every contrast, note, bill, bond,
judgment, mortgage, or other security or conveyance
whatsoever, given, granted, drawn, or entered into, for
security or fatisfadion of or for the fame, or any part
thereof, shall be utterly void and of none effect.
And be it further enabled by the authority aforefaid, That
if any person or persons shall lose any money or other
thing of value, at or upon any cock fight, bullet match,
horse race, (hooting match, or at or upon any play,
pastime or game whatsoever, and ihall pay or deliver the
fame or any part t ereof, the person or person so losing
and paying or delivering the fame, shall be at liberty,
within three months then next, to sue for and recover the
money or goods so k, and paid or delivered, or any part
thereof, from the refyeßive winner or winners thereof
with coils of suit, by aßion of debt founded on this aft,
to be prosecuted in any Court of Record, or where the
value is under Five Pounds, before any Justice or the
Peace within this conmonwealth ; in which actions or
suits no effoin, proteaion, wager of law, or more than
one imparlance shall be allowed ; in which anions it shall
be fufficient for the plaintiff to alledge, that the defendant
or defendants are indebted to the plaintiff, or received to
the plaintiff's use, the money so loft or paid, or converted
the goods won of the plaintiff to the defendant's use, where
by the plaintiff's action accrued to him, according to the
form of this ad, without setting forth the special matter.
And be it further enabled by the authority ajorefaid, That
if any person within this commonwealth shall challenge
the person of another to fight at sword, pistol, rapier or
other dangerous weapon, such person so challenging shall
forfeit and pay for every fuoh offence (being lawfully con
victed by toe testimony of one or more credible witnesses,
or by the confeffion of the party offending) the sum of
Five Hundred Pounds, or fuffer twelve months imprison
ment without bail @r mainprize, and the person accepting
such challenge ihall in like manner forfeit and pay the like
sum of Five Hundred Pounds, or fuffer the like imprison
ment; and moreover the said challenger, and the chal
lenged (when he accepts) shall be difableo ever after from
holding any office of profit or honour within this date.
And if any person or persons shall willingly and knowing
ly carry and deliver any written challenge, or verbally
delver any message meant as a challenge, and shall there
of be legally convicted as above, he or they fe offending,
shall for every such offence forfeit and pay the sum of
Five Hundred Pounds, or fuffer twelve months imprison
ment, and be disabled as in the case of giving or receiving
challenges.
And be it farther enabled by the authority aforefaid, That
every person and persons whatsoever, that shall, from and
after the publication of this aft, ere&, build, or cause to
be erefted or built, any play house, theatre, stage or
fcaffold, for ailing, (hewing, or exhibiting any tragedy,
comedy, or tragi comedy, farce, interlude, or other play,
or any part of a play whatsoever, or that shall aft, shew,
or exhibit them, or any of them, or be in any ways con
cerned therein, or in felling any tickets for that purpose
in any city, town or place in this commonwealth, and be
thereof legally convicted in any Court of Quarter Sessions
in this commonwealth, shall forfeit and pay the sum of
Five Hundred Pounds.
they were upon their return from the ferry, in full march
towards us, and not more than one mile distant. Having
Cent Mr. Kinloch, my Aid, to reconnoitre, and bring me
a particular account ; he soon returned, and informed me,
that they were just at hand. I hastened our march to gain a
swamp which was near, but ending the enemy had already
got poffeilion of the ground I had intended to occupy, I
halted at about two hundred yards, and drew the troops
up to the right and left of the road, with two field pieces
in the centre, and a small field piece on the right in the
wood. On the enemy's nearer approach, I ordered Capr.
Heyward to begin with the two field pieces, advanced my
right and left wings nearer the swamp, and the firing be
came pretty general. Thisaaion was reverted from the usu
al way of fighting between the British and Americans, they
taking to the bushes, and we remaining upon the open
ground. After some little time, finding our men too much
exposed to the enemy's fire, I ordered them to take trees.
About three quarters of an hour after the a&icn began, I
heard a general cry thro' the line of " no more cartridges,' 9
and was also informed by Capts. Heyward and Rutledge,
that the ammunition for the field pieces were almost ex
pended, after firing about forty rounds from each piece;
upon this, I ordered the field pieces to be drawn off very
(lowly, and the rig' t and left wings to keep pace with the
artillery to cover theitfahks, which was done in tolerable
order for undisciplined troops: Tee enemy had beat their
retreat before we began to move, but we had little or no
ammunition, and could n t of consequence pursue. The,
retreated so hastily as to leave an officer, one ferjeant,
and three privates wounded in a house near the adiou,
arid their dead lying on the field — it is impossible as,yet
to be particular with rApeH to the latter, two officers w#
have found and seven men; they fought from very thick
bufties : Capt. Barnwell with a few lighthorfe was of infi
nite service in giving us frequent intelligence of the ene
my's motions, and attacking their rear as they retreated.
He had at one time a Capt. Brewer, who is much wound
ed, two ferjeants, and twelve privates prisoners ; but a
party of the enemy, having rallied in their retreat, retook
the Captain, one ferjeaut, and fix men; the remainder
however he brought off with twelve stands of arms and
Brewer's fufee—Barnwell had about fifteen men. It makes
me happy to assure you that our millitia have not loft
that spirit which they have always been allowed to possess;
nothing but dis ipime is wanting to make them good
troops. The Charieftown artillery behaved gallantly, they
flood to their pieces like veterans, and served them well,
till I was constrained to order them to retire in confe
qqence, &f their ammunition being nearly expended. I
had in the action only nine Continental troops —Captain
Treville, two officers and fix privates, with one brass two
pounder, and only fifteen rounds: I muff add, in justice
to them, that they behaved very Well. It seems absolute
ly necessary for me to remain here a few days longer, in
order to have the wounded properly taken care of, and
ether matters put in a right channel— I thould be glad of
your permission for that purpose, and to ku?w how
long I may flay. This moment died a valuable of
ficer and good citizen, of the wounds he received yes
terday, Benjamin Wilkins, a Lieutenant of the town
artillery. We have three or four other officers wounded,
Capt. Heyward Lightly in thearm, and Lieutenants Saw
yer and Brown, both of the light infantry ; with fix or
seven privates killed on the field, and about fifteen wound
ed : I cannot be very particular as jet, having had no re
gular returns made me. The enemy's body conflfted ®f
two companies of the 60th and one of the 16th, all picked
light infantry.
We had five deserters from them immediately after the
aflion, who informed us of several particulars already
mentioned, as also that cur second (hot from the field-piece
had disabled a howitzer, which they had fired but once.
I think by all you may collea from this letter, you muff
allow we have beat them.
Head-Quarters, Middlebrook, March 3, 1779.
SIR,
I HEREWITH transmit your Excellency an extra#
of a letter from Major General Putnam, containing
an account of the incursion of the enemy to Horfeneck,
which I mentioned in my last.
I also enclose you a return of the prisoners we have ta
ken from the enemy in their retreat.
With great ref,eft I have the honour to be,
Your Excellency's obedient and most humble servant,
G. WASHINGTON.
His Excellency John Jay, Esq.
Extrab? of a letter from Major General Putnam, dated
Camp at Reading, March 2, 1779.
“ A detachment from the enemy at K^gforidge, con
fifling of the 17th, 44th and 57th British regiments, one of
Hessian, and two of new levies marched from their lines
for Horfeneck on the evening of the 25th ult. with an in
tention of surprising the troops at that place and destroy
ing the salt works.
" A Captain and thirty men were fest from our ad
vanced lines at Horfeneck as a scout, who d+fcovered the
enemy at New Rochel in their advance. They retired
before them undifeovered as far as Ryeneck, where it
growing light, the enemy obfeNed and attacked them.
They defended themselves as well as possible, and made
their way good to Sawpitts, where they took the advan
tage of a commanding piece of ground, and made some
little stand, but the superior force of the enemy obliged
them to retire over Byrum bridge, which they took up,
by that means had an opportunity of reaching Horfeneck
in fafety.
" As I was there myfelf to fee the situation of the
guards, I had the troops formed on a hill by the meeting
house, ready to receive the enemy as they advanced.
They came on briskly, and I soon difeovered that their
design was to turn our flanks, and possess themselves of a
defile in our rear, which would effeAually prevent our re
treat. I therefore ordered parties out on both flanks,
with direction to give me information of their approach,
that we might retire in season. In the mean timea column
advanced up the main road, where the remainder of the
troops (amounting only to about sixty) were polled. We
I am, Dear General,
Vour a Taionate friend and humble servant,
WILLIAM MOULTRIE, Brigadier Gen.
" P. S. My Aid de Camp is a very gallant youth, and
is an honor to his country.' 7
Publijbed by order of Cem^refs,
CHARLES THOMSON, Secretary.