The New-Jersey gazette — Burlington [N.J.], 1779-01-06 00:00:00, page 2

an offer, which we accordingly made, to exchange
whatever part of the Convention officers they might
think proper for an equal number of our officers in
their possession of equal rank, as far as the relative
state of numbers would permit. This proposal,
however, they totally declined.
That after the interview, we received a letter from
the British Commissioners, containing reasons, which
they had before assigned verbally, for their refufal
to conduct the negotiation on the terms proposed in
our instructions ; a copy of which letter, and of our
answer, we beg leave to subjoin for your Excellency's
perusal.
Letter from the Britifl) Commissioners dated Amboj,
lath December, 1778.
Gentlemen,
WE cannot fufficiently lament that the purposes
of our meeting, you will pardon us for ob
serving, have been defeated by a lei's generous and ex
tensive construction of the relolves of the Congress of
the 19th Nov. than the view in which we had con
sidered them.
Every feeling of honour, justice and humanity
make it impossible to acquiesce in a proposal which
might lead to separate the officers from the private
soldiers, by exchanging the former, and leaving the
latter still in captivity ; companions in their more
fortunate hours, they must be equally Sharers of af
fliction. —Such cruel and unprecedented distinctions,
between men who have equally a claim upon the
favour and protection of their country ; we are cer
tain your own feelings as officers and men, would
condemn, you will consequently not be furprized
at the impossibility of our acquiefeing in the partial
mode of exchange proposed.
We beg leave therefore to acquaint you, that we
intend returning to New-York to-morrow to make
our report to Sir Henry Clinton. Let us flatter our
fclves that some expedient may be immediately em
braced by both parties upon such honorable, humane,
and disinterested principles as may give the mod
speedy and ample relief to every order of unfortu
nate men concerned. We are, Gentlemen,
your most obedient humble servants,
CHARLES O'HARRA,
WEST HYDE.
To Colonels Ilarrifon
and Hamilton.
A??J<wer to the foregoing letter.
Amboy, December 12, 1778.
Gentlemen,
WE have read the letter with which you were
" plcafed to favour us this afternoon.
We join with you in lamenting that the purpose
of our meeting has been frustrated ; and we allure
you, that it is to us matter of equal concern and
surprise to find that there Should be a difference in
our refpeftive constructions of the resolve to which
you refer, —persuaded as we were, that the terms of
that resolve, were too Simple and precise to admit of
more than one interpretation, we did not even fuf
ped it possible to differ about its meaning ; and the
objects of our meeting having been delineated, in a
manner which appeared to us perfectly clear and
explicit, we had no expectation of the difficulty
which has occured in carrying them into execution.
You will not be surprised that this Should have
been the case, when you recur to the circumftanccs
that produced our meeting, we beg leave to recal
them to your view. Sir Henry Clinton in his letter
of the 10thof November, proposed to General Wash
ington, an exchange of our officers prisoners in his
hands, for officers and men of the Convention troops.
General Washington replied, that he did not think
himfelf authorifed to accede to the proposal, but
would refer it to Congress, and communicate their
decision. In a subsequent letter of the 27th, he
transmitted the resolve in question as an answer to
the proposition contained in Sir Henry's letter of
the loth, " at the fame time announcing our ap
pointment as Commissioners, to negociatean exchange
on the principles therein mentioned." —The lan
guage of the resolve was literally this, to exchange
" the officers in the service of the United States, pri
soners in the actual possession of the enemy, or out
on parole, for the officers and men of the troops of
the Convention, according to their rank and number:
Officers of equal rank to be firft exchanged, after
which, if it Shall be necessary, an equivalent of in
ferior for superior officers, and if agreeably to such
equivalent, all the officers of the enemy Shall be ex
changed and a balance of prisoners remain in their
hands, then an equivalent of privates Shall be fettled,
according to the customary proportion or such pro
portion as may be agreed on." Sir Henry Clinton
in his letter of the 2d instant, acknowledged the
receipt of the foregoing and contented, " in conse
quence" to a meeting of Commissioners at the time
and place appointed.
This, Gentlemen, you will be sensible could not
be confidcred by us otherwise, than as an acquies
cence with the terms of the resolve ; and we appeal
to yourown candour for their perspicuity and na
tural import. It would not therefore but appear
strange, that at firrt fight of our powers, without
any comment or explanation, tho' they were ex
pressed not only in the spirit, but in the letter of
the resolve ; you at once objected to them, and de
clared the purpose of our meeting, had been mis
understood. As the one was only a tranfeript of the
other, we conceiyed from the manner in which the
objection was railed, that it applied not to any con
ftru&ion given to the resolve ; but to the resolve itfelf.
How far the feelings of honor, justice and huma
nity may be repugnant to a compliance with the pro
posal which has been made, you only can determine
for yourselves ; though we think it a question which
might have merited an earlier consideration. We
believe, however, it is not very customary to ex
change officers for privates, when there is a fuffi
cient number of officers on both sides to exchange
for each other ; but that this is rather a secondary
expedient, made use of only when there are officers
on one fide and none on the other. In the prefcnt
war, the practice of exchanging officers for private
men, in any case whatever, has not yet been known ;
and if exchanges conducted without reference to this
principle, have heretofore been thought consistent
with justice and humanity, we can perceive no
fufficicnt reason why a different opinion ihould be
entertained attliis time.
With refpett to any inconveniencies which you
think might attend the exchanging all the officers of
the Convention troops, we take the liberty to repeat
what we mentioned in our interview this morning ;
that we are willing to exchange as many of them as
you may judge proper for others of equal rank, as
far as numbers will extend.
We beg leave to assure you, that we should be
happy to be afforded an opportunity of concurring
with you to the utmost of our power in measures
tor extending relief, as far as the circumftanccs of
the parties will permit, to every order of captivity,
on principles of humanity and mutual advantage.
We are, Gentlemen,
Your most obedient humble servants,
ROBERT H. HARRISON,
ALEXANDER HAMILTON.
Colonels O'Harra and Hyde.
This put an end to the business of our meeting ;
and we have taken the earliest opportunity to return
to camp, and report our proceedings to your Excel
lency, which we hope will meet with your approba
tion. ROBERT I-I. HARRISON,
ALEXANDER HAMILTON.
Camp, Dec. 15, 1778.
(C OP Y.)
Published b, order of Congress,
CHARLES THOMSON, Sec.
The following is in/erted by particular deftre.
In GENERAL ASSEMBLY of Pennsylvania,
Saturday, November 28, 1778.
WHEREAS divers petitions have been presented
to former Assemblies of this Commonwealth,
suggesting inconveniencies in the present constitution
and form of government, and praying the said As
semblies to adopt prudent and proper measures to
obtain the sense and judgment of the good people
of this State thereupon: In confeqnence whereof
certain Resolutions were heretofore passed and pub
lished, but the invasion of the State and other cir
cumstances have prevented the fame being carried
into effeft. Refolded unanimously, therefore, in
pursuance thereof, That the people throughout this
State, qualified to vote for Members of Assembly,
do meet at the usual places of election since the late
happy Revolution, on the twenty-fifth day of March
next, and chufe Judges and Infpedors as by law
directed in case of Representatives. And the said
Judges and Infpedors being so chosen and sworn as
at the election of Representatives, ihall provide two
boxes for the city and each diftrid of every county,
and on the firft Tuesday of April next, they Ihall
receive the votes of the Freemen qualified at the
time of said election by law to vote as aforefaid,
making at the fame time a lift of the voters names,
and put into one box all the votes, for and against
a Convention, the voters in favour of a Convention
writing on their tickets " for a Convention," and
those against it writing on the tickets " against a
Convention", and in the other box they (hall put
the votes for the members of such Convention, as
that, if the majority of votes should be in favour of
a Convention, the minority may not be precluded
from a choice in the persons who are to compose it,
or the people put to the inconvenience of a second
meeting ; all which votes shall be put into boxes so
conftrufted as that they may be sealed as soon as the
election is closed by the refpe&ive Judges with di
ftinft seals, and delivered by the said Judges, or one
of them, to the Sheriffs at the court-houses of the
refpedive counties within three days after, from
whence they shall be brought up by the said Sheriffs
to the Assembly, if fitting, or if not fitting, then to
the Afl'embly at their next meeting, the Judges fend
ing at the fame time the impressions of their seals,
and the lifts of the voters names, inclofed in a letter
to the Speaker, and upon the Sheriff's making oath
or affirmation, which he is enjoined to do, that the
said boxes as delivered by him are the fame received
from the Judges of the election, and in the fame
condition, without having been opened or the con
tents thereof in any refpe& altered by them or with
their privity ; then the said boxes shall be opened in
the House, and if a majority of votes shall appear
to be against a Convention, then no further proceed
ings shall be had, but if a majority of votes shall
be for a Convention, the Assembly shall then proceed
to open the boxes containing the names of the mem
bers for the city and each county, and shall declare
the fix highest in number from each city and county
to be the members to represent the said city and
counties in Convention, and shall aired the Con
vention to meet at Lancaster on the firft day of June
next ; and the said Convention having so met, shall
judge of the qualifications of its members, and then
proceed to determine on these points, viz.
I. Whether the Legiilative power of the State
shall be vetted, as at present, in a single branch ?
2. If the Convention ihall be for a second branch
of Legislation, then, how the fame and the Execu
tive Powers for the adminiliration of government
shall be conftruded?
3. If the Convention shall determine against a
fecend branch of Legislature, whether any provision
shall be made for the revifal of laws (without any
negative) before tuey receive their final fandion ?
4. Whether the appointment of Justices and Field
Officers of the Militia shall be vested in the Executive
Powers of government ?
5. Whether the Council of Censors shall be abo
lished?
6. Whether the President and Vice-President may
not be eligible into Council so as to be capable of
said offices after the expiration of three years, if
their condud shall render them worthy ?
7. Whether the Judges Ihould not be made more
independent by having their lalaries fixed and cer
tain ?
8. Whether, agreeable to the articles of Confe
deration of the United States, the Delegates in
Congress may not be eligible three years fucccffively ?
9. In case any alterations shall be made by the Con
vention in the above points, how the several oaths pre
feribed by the constitution shall be adapted thereto ?
And the said Convention having finillud they shall
publish their proceedings and determinations, which
shall be received and adopted by the inhabitants of
this State, at and after the next general election,
as parts of the constitution by which they are in
future to be governed.
And that the choice may be as free and open as is
confident with the interest of the State, no office or
poll under Congress, or in the State, shall debar any
person otherwise qualified from being elected into the
laid Convention.
And to prevent as much as possible any irregula
rities which may happen when the votes are collected
by diftritts, each diftrid may, if they think proper,
depute one substantial qualified freeholder, appointed
in writing by the Infpedors, to attend at every other
diftrid in the said county where an election is held,
to check as much as may be, the receipt of votes
from unqualified persons, and to enable him so to
do, there shall be produced at each place of election,
the tax duplicates, and also the registers taken by
the Alagiftrates of the person having taken the oaths
of allegiance as prescribed by law, and if any vote
be questioned as having been given on an antedated
certificate, the voter may be called to answer there
upon on oath or affirmation ; and if he ihall refufe
to declare the real date of his certificate, or it shall
otherwise appear to be antedated, such votes shall
be rejected, unless he shall take the tests prescribed
by law. Extract from the Minutes,
JOHN MORRIS, junior,
Clerk of the General Assembly.
BASSETTERRE, (St. Chriftophers) OR. 3 .
We hear that Admiral Barrington is preparing to
go back to his station at Barbados, in which he is
to wait till he is joined by fifteen fail of the line,
betides sire-ships, frigates, bomb ketches, transports,
&c. and we have heard of 10,coo forces to join this
armament, who it is strongly believed are designed
to exhibit a fine set of fire-works for the amusement
of the gentlemen of Martinique and Gaudaloupe.
CHARLESTOWN, (South-Carolina) Nov. 5 .
On Monday last a French Letter of Mart brig ar
rived here from Cape Francois; a few days before
the met with a flag of truce vessel from New-York,
with packets from the British commissioners, direfled
for North-Carolina ; which the Frenchman thinking
somewhat extraordinary, he took out the crew and
replaced them with some of his own sailors, expeft
ing to receive more latisfaflory information here.—
When he left the Cape 2 British ships of the line, 4
frigates and 2 brigs were cruizing off that port, and
had taken several valuable prizes ; but 4 ships of the
line and as many frigates were daily expecting from
Toulon by way of Martinique.
Accounts from the Weft-indies mention the whole
of the British windward islands being in the utmost
consternation, occasioned by the reduction of Domi
nica, and the very great probability of some more
soon Blaring the fame fate.
The present unsettled state of European politicks,
and the probability of America being soon relieved
from being the feene of action, have already operated
in favour of our publick credit ; and it is a fad, that
orders have been received here within these few days,
to have monies to a confidcaable amount, being the
proceeds of cargoes sent hither from the Dutch and
Danish Weft-Indies, invested in our funds.
BOSTON, December 10.
By several persons late from Rhode-Ifland, we
learn, that strong works are erecting there on all
sides for its defence; and that all inhabitants re
maining there, who do not take the oath of allegi
ance, are obliged to quit the fame; so that from
present appearances, they intend holding a garrison
there this winter.