The New-Jersey gazette — Burlington [N.J.], 1778-11-04 00:00:00, page 1

""^T "HT V HEREAS many difaffeCted fub
# jeds of this State do keep up an
111 / intercourse and communication
with the fubjeCts or troops of the
Kingof Great-Britain, highly dan
gerous to the publick fafety;
Sect. I. Be it therefore enacted by the Council and Ge
neral Aflem'&ly of this State, and it is hereby enabled by
the authority of the fame, That any person, being a
member of, and owing allegiance to this government,
as described in the aft, intitled, An aft to punifo trai
tors and difaffected persons, passed the fourth day of
October, One Thousand Seven Hundred and Seventy
fix, who shall, from and after the palling of this adt,
be apprehended on his or her way to the lines or en
campments, or to any place in the possession of the
fubjeCts or troops of the King of Great-Britain, with
intent to go into the fame without a license, perinif
fion or passport for that purpose previbufly obtained
from the Governor or Commander in Chief of this
State for the time being, or from the General or Com
mander in Chief of the armies of the United States
for the time being, or from fame General officer of
the regular forces of the United States, or of the mili
tia of this State commanding at a separate and de
tached post, or from a Colonel of the said regular
forces or militia, being the commanding officer on
some fixed or accustomed Ration, and thereof be
legally convicted, shall for such offence be fined, to
and for the use of the State, in any sum not less than
Fifty, nor more than One Thousand Pounds, or be
imprisoned for any term not less thaq three, nor more
than twelve months, at the diferetion of the court
before which such offender fliall be convicted, or
fliall fuffer such corporal punishment as the said court
(hall think proper, not extending to life or member.
2. And it is hereby further enacted, That any per
son, being a member of, and owing allegiance to this
government as aforefaid, who shall from and after the
passing of this aft, voluntarily go into the lines or en
campments, or to any place in the possession of the
fubjeCts or troops of the King of Great-Britain,
without a license, permission or passport obtained as
aforefaid, and thereof be legally convicted, shall for
the firft offence be fined, to and for the use of the
State, in any sum not less than One Hundred, nor
more than Two Thousand Pounds, or be imprisoned
for any term not exceeding eighteen months, at the
diferetion of the court before which such conviction
shall be had, or shall fuffer such corporal punishment
as the said court shall adjudge, not extending to life
or member: Provided that no inquisition hath been
found and prosecuted to effect against such person,
pursuant to an aCt of the Legislature of this State, in
titled, An aft for taking charge of and leafng the real
estates, and for forfeiting the personal efates of certain
fugitives and offenders, and for enlarging and continu
ing the powers of commissioners appointed to seize and
^fofe of such personal estates, and for ascertaining and
dif charging, the lawful debts and claims thereon, palled
the eighteenth day of April last ; and for the second
offence is hereby declared to be guilty of felony ; and
being thereof legally convicted, shall fuffer death
without benefit of clergy.
3. And be it further enacted by the authority afore
faid, That any person, having a passport or permission
to go into the lines or encampments of the enemy, or
into any place in the possession of the fubjeCts or troops
of the King of Great-Britain, the Commissary-Gene
ral of provisions, or persons in his employ, excepted,
who shall take with him or her provisions or other ne
cessaries of any kind, over and above what may be
deemed necessary and allowed for his or her suste
nance, and thereof be legally convicted, shall for the
firlt offence be fined, to and for the use of the State, in
any sum not exceeding One Thousand Pounds, or be
imprisoned for any term not exceeding twelve months,
at the diferetion of the court before which such con
viction fliall be had, or shall fuffer such corporal pu
nishment as the said court shall adjudge, not extend
ing to life or member; and for the second offence is
hereby declared to be guilty of felony; and being
thereof legally convicted, shall fuffer death without be
nefit of clergy.
4. And it is hereby further enabled, That any mili
tary officer, or other person not authorized as afore
faid to grant permissions or passports, who shall grant
any such permission or passport, or being so authorized,
fliall grant a permission or passport to take provisions
or other ner^w • cfany kind within the lidea or en-
STATE of NE W-J ERSE Y.
An ACT to prevent the fabjeds of this State from go
ing into, or coming out of, the enemy's lines, without
perntiffions or passports, and for other purposes there
in mentioned.
NEW-JERSEY GAZETTE,
[vol. I.]
W E D NESD A Y, November 4, 1778.
campmerits, or to any place in the possession of the
fubjeCts or troops of the King of Great-Britain,
otherwise than as before is declared, his Excellency
the Governor, or the Commander in Chief of this State
for the time being, or the General or Cammander in
Chief of the armies of the United States for the time
being, excepted, shall for every such offence forfeit the
sum of Five Hundred Pounds, to be recovered with
costs of suit by any person who will foe for the fame,
one half to the prosecutor, and the other half to be
paid to the treasurer, to and for the use of the State.
5. And be it enabled by the authority aforefaid, That
any person who shall fend or convey, or lie in any
manner aiding or aflifting in fending or conveying
provisions or other necessaries of any kind into the
lines or encampments, or into any place in the pos
session of the fubjeCts or troops of the King of Great-
Britain, without being duly authorized as aforefaid,
by permission or license for that purpose, fliall for the
firft offence forfeit and pay the sum of Five Hundred
Pounds, to be recovered with costs cf suit by any
perlon who will sue for the fame, one half to the pro
secutor, and the other half to he paid to the treasurer,
to and for the use of the State ; and for the second
offence is hereby declared to be guilty of felony ; and
being thereof legally convicted, shall fuffer death
without benefit of clergy.
6. And be iterated by the authority aforefaid, That
it ilia 1 ! and may be lawful to and for any detachment
or guard of the regular forces of the United States, or
of the militia ofthis State, and to and for any person
or persons whomsoever, to seize and secure any pro
visions, goods, wares or merchandize attempted to be
carried or conveyed into, or brought from within the
lines or encampments, or any place in the possession
of the fubjeCts or troops of the King of Great-Bri
tain, otherwise than is herein before allowed, toge
gether with the boats, carriages, teams or horses so
carrying or conveying the fame, and also the person or
persons in whole pofremon thev may be, and him,
her or them to take before any justice of tne peace or
the county wherein he, she or they may be appre
hended; which justice is hereby directed and re
quired to hear the allegations and defences of the
parties, with the evidence produced in support there
of, and to give judgment accordingly ; and if judg
ment shall go against the defendant or defendants,
the goods or effects so as aforefaid found in his, her
or their possession, shall be forfeited to and for the
use of the person or persons who seized the fame;
but if judgment shall go against the plaintiff, the said
goods or effeCts shall be restored to the owner, or
person from whom they were taken, and the costs
shall be paid by the plaintiff: Provided always, That
it shall and may be lawful for either of the parties
to the trial to demand a jury; and upon such de
mand the faidjuftice is hereby required to grant the
fame, and to proceed in all other refpeCts as in the
like case in the aid, intitled, An aa to erect and
eflablijb courts in the fevered counties in this colony for
the trial of small causes, and to repeal the former act for
that purpose, passed the eleventh day of February,
One Thousand Seven Hundred and Seventy-five, is
directed ; and on the verdid of the jury being taken,
shall give judgment agreeably thereto.
7. And be it further enabled by the authority aforefaid,
That all goods and effects so seized and forfeited as
aforefaid, shall be disposed of at publick sale, and af
ter deducting the costs in every instance, the residue
shall be divided among the persons so seizing the
fame, in proportion to their pay, if on military duty,
and if not, then to each an equal share.
Paffd at Princeton, October 8, 1778.
JOHN HART, Speaker.
4™ HERE is a dignity in the warm passions of a
X whig, which is never to be found in the cool
malice of a tory. In the one nature is only heated—
in the other she is poisoned, The instant the former
has it in his power to punish, he feels a disposition to
forgive ; but the canine venom of the latter knows
no relief but in revenge. This general diftinCtion
will, I believe, apply in ail cases, and suit as well the
meridian of England as America.
As I presume your last proclamation will undergo
the ftriCtures of other pens, I fliall confine my remarks
to only a few parts thereof. All that you have said
might have been comprised ii half the compass. It
is tedious and unmeaning, aid only a repetition of
your former follies, with here and tfo an oueafre
The CRISIS. No. VL
To the Earl tfCARLISLE, General C I, IN TON,
and WILLIAM EDEN, Efa. Britijb Commf
foners at New-York.
T H £
aggravation. Your cargo of pardons will have no
market —It is unfashionable to look at them—Even
speculation is at an end. They are become a perfect
drug, and no ways,calculated for the climate.
To the interposition of Providence, and her bless
ings on cur endeavours, and not to British benevo
lence, are we indebted for the short chain that limits
your ravages. Remember you do not, at this time,
command a foot of land on the continent of America.
Staten-Bland, York-Island, a small part of Long-
Eland and Rhode-Ifland circumscribe your power ;
and even those you hold at the expence of the Weft
ladies. To avoid a defeat, and prevent a defection cf
your troops, you have taken up your quarters in holes
and corners of inaccellible security ; and in order to
conceal what every one can conceive, you now en
deavour to impose your wcaknefs upon us for an aCt
of mercy. If you think to succeed by such shadowy
devises, you are but infants in the political world ;
you have the A, B, C, offtratagem yet to learn ; and
are wholly ignorant of the people you h*ve to con
tend with. Like men in a date of intoxication, yor
forget that the rest of the world have eyes, and ihw
the fame stupidity which conceals you from your
"%J? cQ^c y^ t^ their satire and contemns
The paragraph I have quoted ffands hs an intro
duction to the following: "But when that country
(America) piofefle^the unnatural design not only
of Y ll ^"^' 1 ^ herfelf from us, but of mortgaging
herfelf and her refourfes to our, enemies, the whole
contest is changed ; and the question is, how far
Great-Britain may, by every means in her power,
" destroy or render useless a connexion contrived for
" her rum and the aggrandizement of France. Uh
" der such circumstances the laws of felf-preferva
" tion must direct the conduct of Britain; and if
" the British colonies are to become an accession to
France, will direct her to render that accession of
" as little avail as potiiTe to her enemy."
I confider you in this declaration ' like madmen
biting in the hour of death. It contains likewise a
fraudulent meanness; for, in order to juftify a bar
barous conclusion, you have advanced a falfe position.
The treaty we have formed with France is open, noble
and generous. It is, true policy founded on found
philosophy, and neither a surrender or mortgage, as
you would scandalously insinuate. I have seen every
article, and ipeak from positive knowledge. In France
we have t%nd an affectionate friend and a faithful
ally; from Britain nothing but tyranny, cruelty and
infidelity.
But the happiness is, that the mifehief you threaten
is not in your power to execute; and if it were, the
punishment would return upon you in a tenfold de
gree. The humanity of America hath hitherto re
itrained her from ads of retaliation, and the affection
the retains for many individuals in England, who have
fed, eloathed and comforted her prisoners, has, to the
present day, warded off her resentment, and operated
as a screen to the whole. But even these considera
tions must cease when national objects interfere and
oppose them. Repeated aggravations will provoke a
retort, and policy juftify the measure. We mean
now to-take you ferioully up upon your own ground
and principle, and as you do so fliall you be done by.
You ought to know, gentlemen, that England and
Scotland are far mere exposed to incendiary desola
tion than America in her present state can poffibl,
be. We occupy a country with but few towns, and
whose riches consists in land and annual produce-
The two last can fuffer but little, and that only within,
a very limited compass. ]n Britain it is otherwise-
Her wealth lies chiefly in cities and large towns, the
repositories of manufactures, and fleets of merchant
men. There is not a nobleman's country feat but
may be laid in allies by a tingle person. Your own
may probably contribute to the proof. In short, there
is no evil which cannot be returned when you come to
incendiary mifehief. The Ihips in the Thames may
certainly be as easily set on fire as the temporary bridge
In the course of your proclamation you fay, "The
" policy as well as the benevolence of Great-Britain
" have thus far checked the extremes of war,
" when they tended to distress a people still confi
" dered as our fellow-fubjeds, and to desolate a
" country shortly to become again a source of mutu
" al advantage." What you mean by " the benevo
" lence of Great-Britain," is to me inconceivable.
To put a plain question: Do you confider yourselves
men or devils ? For until this point is fettled, no de
terminate sense can be put upon the expression. You
have already equalled, and in many instances excell
ed, the savages of either Indies; and if you have
yet a cruelty in store, you mull have imported it, up
mixed with every human material, from the original
ware-house of hell.
[Numb. 48.]