The New-Jersey gazette — Burlington [N.J.], 1779-08-04 00:00:00, page 1

STATE of NEW-JERSE Y.
An Aft Jor the removal of criminals, for their more
fafe cuflody ; and for other purposes therein mentioned.
W" HE REAS the vicinity of the enemy's
lines to ieveral of the gaols in the state
renders the fafe keeping of the prison
ers confined therein precarious ;
Sell. I. Be it therefore Enacted by the Council and
General ^embly of this State, and it is hereby Enabl
ed bp the Authority of the fame, That whenever the
Sheriff of any county in the hate shall make applicati
on to two of the Judges of the Inferior Court of Com
mon-Pleas of the county, and on oath declare that
he verily believes there is danger of the prisoners,
confined in the gaol of the said county, falling into
the enemy's hands if they are continued therein, and
the laid Judges Ihall think the removal of such pri
soners necessary, it ihall and may be lawful for the
said Judges, by warrant under their hands and seals,
to order the said prisoners removed, and recommit
ted to the gaol of any other county in the Rate, where
they can be lately kept until they are remanded, of
legally discharged from confinement; which warrant
is hereby declared a Efficient authority for the She
riff, having such prisoners in custody, to remove them
accordingly, and to the Sheriff or Gaoler of the
county to which they ihall be sent, to receive and
confine them, agreeably to the directions thereof:
And such Sheriffs, Gaolers and prisoners are hereby
fefpedively required to pay obedience thereto. Pro
vided always, That when the danger fliall cease, or
the prisoners so removed Ihall be wanted for trial,
that then it ihall and may be lawful for any two of
the Judges of the Inferior Court of Common-Pleas
of the county from which such prisoners were re
moved, by warrant as aforefaid, to remand such pri
soners, and them to recommit to the gaol of the
county where they were firft committed; and such
warrant of remand and recommitment is hereby de
okH-cd n fuffleient authority to the Sheriff of the coun
ty from which the prisoners were firit removed, to
bring back the prisoners removed as aforefaid, into
the county, and to recommit them agreeably to the
directions thereof: And luch Sheriff is hereby re
quired to pay obedience thereto.
2. And be it Enabled by the Authority aforefaid, That
the expence of removing and returning all criminal
prisoners, and also the expence of maintaining such
planners as may have been committed for treason
able or felonious offences, or other high crimes or
misdemeanors against the state, ihall be paid for or
made good by the state, on proper vouchers therefor
being produced to the lejhature at their next fitting
after the fame have been incurred. Provided always,
That where any prisoner so removed, shall have been
committed for any offences other than those before
fpecilied, the expence of maintaining them Ihall be
paid for by the county from which they were re
moved.
3. End be it further Enabled, That from and after
the publication of this act, each,and every Sheriffin
this state Ihall be allowed seven fnillings and fix-pence
by the day, including all other allowances heretofore
granted by law for victualling every criminal prisoner
in his custody.
4. And be it farther Enabled by the Authority afore
faid, That it ihall and may be lawful tor the Judges
of the Inferior Court of Common-Pleas cf the re
fpcAive counties in this state, or any two of them,
from time to time,.as occasion may require, to or
der and cause to be removed any prisoner or person
on parole or on bail residing near the enemy's lints,
to any fafe and interior part of the state, and thereto
grant him such limits and bounds as may be comfort
able, and consistent with the fafety of the state ; and
such bounds to alter, enlarge or diminish occasionally.
5. And be it further Enacied by the Authority afore
faid, That it ihall and may be lawful for the Judges
.of the Inferior Court of Common-Pleas of any coun
ty in this state, lying on the frontiers, or any two
of them, from time to time, as occasion may require,
by warrant under their hands and seals, to order or
cause to be removed into the interior parts of the
fame county, or into the interior parts of the Rate,
any person reading near the lines and fufpeded of
dillhffcdhon to the prefect government, and to grant
such limits or bounds as may be comfortable to the
person so removed, and confident with the fafety of
the date, andjuch limits to alter, enlarge or diminish
occasionally ; and also by warrant, under their hands
and leaL, in like manner to permit such person to
return to the place of his or her former habitation,
on security being given to the said Judges for iris or
her good and peaceable behaviour by at lead fix re
putable and well-affedted freeholders residing im the
neighbourhood of his or her former refider.ee. Pro-
NEW-JERSEY GAZETTE.
[Vol. ll.]
WEDNES DAY, AUGUSTO,, 1779.
vided always, That no perron shall be removed as
aforefaid, uuiefs oath or phniaauuu be made before
any of the laid Judges by at lyait fix reputable and
well-affected freeholders of the neighbourhood in
which he or ihe may relide,, that they verily believe
him or her to be inimical to the prefect government,
and that his or her continuance near the line's is dan
gerous to the liberties of the hate, er to the fafety of
the well-afit&ed inhabitants.
6. And be it farther Eluded by the Authority afore
faid, That every perlon 13 removed, who Ihall leave
or return from the place to which he or Ilie is limited
or bounded as aforefaid, or be found at any place
near the enemy's lines without leave previously ob
tained for that purpose by tiuiTan^tr tn^&xgbe.
fore directed in this att, ihall be adjudged
an high offence and niifdemeanor against this state,
and, on conviction thereof, Ihall be fined at the dis
cretion of the court, before which he or Ihe Ihall be
" tried, in any sum not exceeding five hundred pounds,
or imprisoned for any term not above fix months ;
and Ihall, after fatisfying the judgment of the court,
be remanded to his or her former bounds and limits,
unless on permission given as before directed.
7. And whereas at the sessions of the Courts cf
Oyer and Terminer and General Gaol Delivery,
guards are frequently necessary for securing the cri
minals and protecting the courts; Be it therefore fur
ther Enabled by the Authority aforefaid, That any two
of the Judges of the Inferior Court of Common-Pleas
of any county in this state, on application to them
made by the Courts of Oyer and Terminer and Ge
neral Gaol Delivery then fitting in the county, orby
the Sheriff of the county, ihall apply to the Colonel
or Commanding Officer of each or any regiment or
battalion ofthe militia in the county, which Colonel
or Commanding Officer Ihall thereupon detach from
his regiment or battalion such number of officers and
men as may in the opinion of thg said Judges be a
dequate to the service required, not exceeding at any
time two classes, and for such time and by such re
liefs as by the said Judges Ihall be deemed proper.
Provided always, That no detachment, so ordered,
shall continue longer than one month at a time in
that service; and the militia so serving shall be enti
tled to the fame pay, rations, subsistence and bounty
as if called out for any other service, and shall receive
the fame in like manner.
Passed at Trenton, June 12, 1779. .
PHILADELPHIA, July 28.
Head-barters, New-IVindfor,
SI R, %/f~i, 1729.
ON the 16th instant I had the honour to inform
Congress of a fuccefsful attack upon the enemy's
post at Stony-Point on the preceding night, by Bri
gadier-General Wayne, and the corps of light infan
try under bis command. The ulterior operations in
which we have been engaged, have hitherto put it
out of my power to transmit the particulars of this
interesting event. They will now be found in the
inclofed report, which 1 have received from General
Wayne. To the encomiums he has deservedly be
stowed on the officers and men under his command,
it gives me pleasure to add, that his own conduct
throughout the whole of this arduous enterprize, me
rits the warmest approbation of Congress. He im
proved upon the plan recommended by me, and ex
ecuted it in a manner that does figrial honour to his
judgment and to his bravery. In a critical moment
of the assault, he received a flefh woundin the head
with a musket ball, but continued leading on his men
with unshaken firmnefs.
I now beg leave for the private fatisfadion of Con
gress, to explain the motives which induced me to
direct the attempt.
It has been the unanimous sentiment to evacuate
the captured post at Stony-Point, remove the cannon
and stores, and destroy the works, which was ac
complilhed on the night of the 18th, one piece of
heavy cannon only excepted. For want of proper
tackling within reach to transport the cannon by land,
we were obliged to fend them to the fort by water.
The movements of the enemy's vessels create d some
uneasiness on their account, and induced me to keep
one of the pieces for their protection, which finally
could not be brought off, without risking more for its
preservation than it was worth. We also loft a galley
which was ordered down to cover the boats. She
got under way on her return the afternoon of the
ißtb. The enemy began afevere and continued can
nonade upon her, from which having received some
injury, which disabled her from proceeding, the was
run ashore. Not being able to get her afloat till late
in the flood tide, and one or two of the enemy's vefi
THE
Ids under favour of the night, having passed, abeve
her, the was let on Are and blown up.
It is probable Congress%ill be pleased to bestow
some marks of consideration upon those officers who'
dillinguiihtd thearrives upon this occasion. Every
officer arid man of the corps deserves great credit,
but there were particularities whose tituation placed
them lortmoft in danger, and made their conduct melt
conspicuous. Lieut. Colonel Fleury and Major Stew--
ard commanded the two attacks. ° Lieutenants Gib
bons and Knox commanded the advance parties or
forlorn hopes, and all acquitted thcmfclyes as well as
it was possible. These officers have a claim to be
more particularly noticed.
Mr. Archer, who will have the honour of deliver
ing these defpatches, is a volunteer Aid to General/
Wayne, and a gentleman of merit. His zerir)Aai
vity, and spirit, are conspicuous upon every occasion.
I have the honour to be,
With the greatest rciped and eftcem,
&Your Excellency's mod obedient
humble servant,
G. WASHINGTON.
I forgot to mention, that two flags and two stand
ards were taken, the former belonging to the garri
son, and thelatter to the 17th regt. These shall be
sent to Congress by the firft convenient opportunity.
~S I , Stony-Point, July 17, 1779.
1 have the honour to give you a full and particular
relation of the reduction of this point, by the light
infantry under my command.
On the 15th instant at 12 o'clock we took up our
line of march from Sandy-beach, distant 14 miles
horn this place ; the roads being exceedingly bad and
narrow, and having to pass over high mountains,
through deep morasses, and difficult defiles, we were
obliged to move in single files the greatest part of the
way. At eight o'clock in the evening, the van ar
rived at Mr. Springfteel's, within one and a half miles
of the enemy, and formed into columns as faft as they
came up, agreeable to the order of battle annexed;
viz. Colonels Febiger's and Meig's regiments, with
Major Hull's detachment, formed the right column;
Col. Butler's regiment and Major Murfree's two com
panies, the left. The troops remained in this posi
tion until several of the principal officers, with my
felf, had returned from reconnoitring the works. Half
after eleven o'clock, being the hour fixed on, the
whole moved forward, the van of the right confided
of one hundred and fifty volunteers, properly officer
ed, who advanced with unloaded muikets and fixed
bayonets, under the command of Lieut. Col. Fleury;
these were preceded by twenty picked men, and a
vigilant and brave officer, to remove the abbatis and
other obftrudions. The van of the left confined of
one hundred volunteers, under the command of Ma
jor Steward, with unloaded muskets and fixed bay
onets, also preceded by a brave and determined offi
cer, with twenty men, for the fame purpose as the
other.
At 12 o'clock the assault was to begin on the right
and left flanks of the enemy's works, whilst Major
Murfree amused them in front; but a deep morass
covering their whole front, and at this time overflow
ed by the tide, together with other obftrudions,
rendered the approaches more difficult than were at
firft apprehended, so that it was about twenty mi
nutes after twelve before the assault began, previous
to which I placed myfelf at the head of Febiger's
regt, or right column, and gave the troops the most
pointed orders not to fire on any account, but place
their whole dependance on the bayonet, which order
was literally and faithfully obeyed. Neither the deep
morass, the formidable and double rows of abbatis,
or the strong works in front and flank, could damp
the ardor of the troops, who in the face of a molt
tremendous and incessant fire of musketry, and from
cannon loaded with grape-shot, forced their way at
the point of the bayonet, thro' every obstacle, both
columns meeting in the center of the enemy's works
nearly at the fame instant. Too much praise cannot
be given to Lieut. Col. Fleury, (who struck the ene
my's standard with his own hand) and to Major Stew
ard, who commanded the advanced parties, tor their
brave and prudent conduct.
Colonels Butler, Meigs and Febiger Conducted
themselves with that coolness, bravery and perseve
rance, that will cver insure luccefs. Lieut. Col. Hay
was wounded in the thigh, bravely fighting at the
head of his battalion. I should take up too much of
your Excellency's time, was I to particularize every
individual who deserves it, for his bravery on this
occasion. I cannot, however, omit Major Lee, to
whom I am indebted for frequent and very ufeful in
telligence, which contributed much to the success of
the enterprize, and it is with the greatest pleafare X
[Numb. &.]