The New-Jersey gazette — Burlington [N.J.], 1782-11-06 00:00:00, page 1

My Lord,
IN my former paper I observed, that how easily
soever a General may give up his own honour,
yet the honour of his sovereign, and the faith
of the Biitifh nation, are much too sacred a
trust to be committed to the disposal of any Gene
ral whatsoever. And I called upon you to shew
under what powers, or by what warrant, you was
authorized to distinguish the King's loyal American
fubjeds from the rest of your army, and deliver
them up to the mercy of the rebels.
To the question: What is a General to do? I
have answered, all that which is the customary
usage of war in capitulation. To that a General
may with honour submit; but to nothing more.—
What that customary usage is, I then promised, and
now proceed to shew.
My Lord, in treating on these fubjeds, I make
use of the terms rebels and loyalists, because I
think that the only proper diftindion between the
two American parties. But in order to give the
argument all pofible advantage in your Lordihip's
favour, I do not mean to avail myfelf of these forms
any farther than by comparing the conduct in this
war with that of former civil wars between two e
qual powers contending for empire. And you can
not desire to have the present contest put upon a
fairer footing than that of our own civil war in the
year 1642, or that of the two King's, Philip and
Charles, contending for the crown of Spain in the
beginning of the present century.
My Lord, in all our civil wars I know of no in
stance of a General's faying, let me and my officers
go off upon our parole, and my regimented soldiers
be well treated as prisoners of war, and do with
all my adherents what you please. General Lud
low, after the half of Wardour Castle had been
blown up, offered to yield himfelf as a prisoner, if
his garrison might be, allowed to march off: But
Ludlow would have fuffered himfelf to be cut to
pieces, rather than have redeemed himfelf by giving
up the lives of any of his garrison ; and according
ly, upon this his firft offer being refufed, he ex
pressly stipulated for “ quarter without diftindion
for the lives of every one with him." But these
were times when men fought from principle, and va
lued their honour more than their own private con
venience ; and I leave your Lordihip to find an in
stance of either loyalists or parliamentarians giving
up their adherents to the mercy of their enemies.
My Lord, at the breaking out of the war in
1702, for the Spanilh fuccellioo, the Elector of
Cologn took the part of Philip against the Emperor
and empire ; and had entertained among his troops
a number of German officers, who were still more
immediate fubjeds of the empire: These troops de
fended Keyferwaert for two months together, with
a much greater obstinacy than was shewn at York;
and had killed and wounded 3000 of the besiegers
in the defence of their counterfcarp. Nor did they
capitulate till the last extremity, when the allies
were prepared for a general assault. Yet even in
this extremity, the Governor was too much a man
of honour to give up these German officers to be
hanged as traitors, under pretence of leaving them
to the civil resort of the empire: But on tie con
trary, he insisted on an express condition, " That
these German officers particularly named, should
have liberty to depart with their famfcs." It is a
singularity reserved for the present abjed state of
our honour, for the King's General to deliver up
the King's liege fubjeds fighting by his fide, to be
tried as traitors to the civil justice of an upstart,
felf-created Congress.
My Lord, I have now before me the capitulati
ons of Lisle, Mons, Tournay, Douay, and other
places taken by the Duke of Marlborough; in not
one of which is to be found any article similar to
yours. Indeed it never was supposed that a Gene
ral was capable of admitting such an article; on the
contrary, in each of these capitulations, besides die
NEW-JERSEY GAZETTE.
[Vol. V.J
LETTER 11.
To General Earl C S,
WEDNESDA Y, November 6, 1782.
allowance of covered waggons not to be fcarched,
there is an article similar to this, which I copy from
the capitulation of the citadel of Lille: " That all
officers and soldiers, as well French as foreigners,
and all those employed in the works, and others
whosoever, that are in the said citadel, whether
named or not, ihall go out to Douay, &c."
My Lord, In this contest for the crown of Spain,
Philip and Charles each considered the other as an
usurper, and the adherents of each as traitors; yet
in all the capitulations made in Spain, I find no one
instance of a commander's entertaining a thought of
giving up those Spaniards who adhered to the cause
of his prince, to the mercy of the other. In the
capitulation of Barcelona, your Lordihip will find
every article the reverse of your own. The Spa
nilh Governor saw a large breach made, which he
was incapable of defending; yet in this extremity
he made an express provision, that all the Mique
lets, or inhabitants of the country that had taken
part with King Philip, " who should be found with
in the place, Ihall be permitted freely to go out,
and repair to their refpeclive homes, or go whither
foever they shall think fit, without being flopped or
molested upon any pretence whatsoever." Stopped
or moiefted, my Lord, is the stile of every capitu
lation. Don Velafco and every man knew, that
punishment supposes guilt; and would have corned
to have asked, that the Spaniards who had joined
his army Should not be puniffied ; and thereby have
admitted that they were guilty of a crime deserving
it, by fighting for King Philip. The nth article
of the capitulation of Alcantara stipulates, “ That
ail the inhabitants of the place, of what quality
or degree soever, may, in the space of fifteen days,
retire where they please, with ail their effects, move
ables and money ; and even enjoy their lands, pro
vided they retire into Portugal."
My Lord, I could go on to cite instances, but
more are unneceflary. Deserters have sometimes
been given up, though they are generally concealed
in covered waggons; but 1 know of no instance
where a General was thought capable of redeeming
himleli and his officers, by giving up his own prince's
adherents, that were fighting by his fide. Ido not
mention General Amherst's treaty, because that
ended a war of a very different kind; but read the
Bth and 9th articles even of Burgoyne's conventi
on, and bluih at your own.
Art. VIII. All corps whatever of General Bur
goyne's army, whether compefed of sailors, bat
teau-men, artificers, drivers, independent compa
nies, and followers of the army, of whatever
country, shall be included in the fulleft sense and
utmost extent of the above articles, and compre
hended in every refpeft as Britilh fubjeds.
Art IX. All Canadians and persons belonging
to the Canadian eftabliffiment, confining of sailors,
batteau-men, artificers, drivers, independent com
panies, and many other followers of the army, who
come under no particular description, are to be per
mitted to return there; and are to be conduced
immediately, by the shortest route, to the firft Bri
tish post.
My Lord, What had been the condition of these
men, if he, after making the mod express conditi
ons for himfelf and his army, had hinted only, that
their interests Ihall be attended to, and (as in your
loth article) had in effect acknowledged their guilt,
by allying that they should not be punifned?
But I have now fufficiently proved what is the
customary usage of war, and shewn what a Gene
ral can not do. Should any person still afl<, What
can a General do ? a more explicit answer to that
question may be given in my next.
Nottingham, Bowhill farm, Od. 15, 1782.
DISTILLING of cyder is performed by the sub
scriber in the belt manner, and 011 the lowest
terms: His spirit is clear, pure and well tailed,
every way equal in quality to any in the state ; he
will give a generous price for good cyder, either in
good spirit, or to be paid in cafti, by
THE
RANDLE MITCHELL.
XENOPHON.
" I hat by the Articles of Confederation, all
charges of war and all other expences incurred for
the common defence or general welfare, and allow
ed by the United States in Congress assembled, are
to be defrayed cut of a common treasury, which
shall be supplied by the several states, and the U
nited States in Congress afTembled are to afeertain
the sums io to be supplied, and to appropriate and
apply the fame in defraying such expences:
'That in pursuance of this delegated power,
Congress did, in the month of November lall, re
quire of the federal states their refpe&ive proporti
ons of the sum of Eight Millions of Dollars, for
the service of the current year, in which service
was included the payment of the army; so that in
case of compliance with the said requisition, the
whole army will be regularly and duly paid:
That if, therefore, individual Rates undertake,
without the previous warrant of Congress, to dis
pense any part of monies required for and appro
priated to the payment of the army, or any other
purpoles of the union, the Icederal constitution muff
be so far infringed :
I hat luch infractions ought the more to be
guarded against, as they tend to subvert the plans
whicli Congress have adopted, and are now carry
'ng ! nt ° etted, for a uniform and oeconomical ad
miniltration of the publick revenue, as they must
prolong the exigence of unsettled accounts between
the United states and individual states, from which
great inconveniencies have been experienced; and
as they cannot fail to produce ultimately difeords
among the several states, and intermediate confu
fions and murmurs in the army."—Whereupon,
Resolved, That the Legillature of New-jersey
be informed, that Congress have adopted ever,
means in their power for securing payment of the
arrears due to the army prior to the firft day of Ja
nuary last, and for the regular payment of the ar
my in future, which they hope the several states
will exert themselves to enable Congress to accom
plilh; and that Congress have discountenanced all
partial payments of the army by particular states.
Resolved, That no monies paid by any of the
states to the officers and soldiers of the army of the
United States, as pay for the year 1782, be con
sidered as advanced in behalf of the United States
and that the fame be not credited to the state by
which the advance ihall have been made.
Resolved, 1 hat the several states be required to
make speedy payment of the relpedtive quotas into
the pubiick treasury, that Congress may be thereby
enabled to pay the officers and soldiers of the Ame
rican army the amount of their pay for the present
I!LLL S T ^ Sec'ry.
From Rivington's New-York Gazette of the 23d
inst. we have extraded rhe following intelligence,
brought by the Swallow packet, in 7 weeks from
Falmouth.
COPENHAGEN. July 27.
WEDNESDAY last the Ruffian fleet of ten
fllips of the line and four frigates, under the
command of Vice Admrls. Tocnicthagoif and Kruse,
arrived in our road; and it seems they will anchor
here fume days.
Geneva, July 74. Good order now begins to
By the UNITED STATES in
CO NGRESS assembled, October
1, 1782.
THE committee, to whom was referred a re
presentation of the Legiflatu/e of New-Jer
sey, report,
" That it appears from the said representation,
that complaints have been made to the Legillature
of New-jersey by the officers of the line of that
state, of partial payments made by other states to
the troops of their particular lines, and that it is
proposed by the said Legillature, unless measures
be taken by Congress for securing equal justice to
the troops of New-jersey, to apply to their use a
part °f the taxes required by, and allotted for, the
dilpolition of the United States in Congress assem
bled:
[Numb. 254.]