The New-Jersey gazette — Burlington [N.J.], 1781-09-26 00:00:00, page 1

PHI L A DELPHI A.
The following are authentic copies of Jundry papers
which Col. Isaac Hayne, two days before bis execution,.
•delivered to a friend, with tin injunction to tran/mi:
them to the Delegates of South-Carolina, at Phila
delphia, to be laid before Congress and published to the
•world.
(No. I.)
SIR, 16th July, 1781.
I A M directed by the Commandant to inform
you, that a Board of Held-Officers will assemble
tomorrow at ten o'clock, at the State-House,
tor jour trial.
I am, Sir, your mos obedient servant,
Mr. Hayne. C. FRASER, Town-Major.
(No. 2.)
SIR, Thursday-evening, 26th July, 1781.
lAM directed by the Commandant to acquaint
you, that instead of a Board of Field-Officers, as
mentioned in my letter ofthis morning, a Court of
inquiry, confitling of four Field-Officers and five
Captains will assemble to-morrow at ten o'clock,
at the State-Houlfo jo r Ibe purpose of afeertuining in
what point oj viewyou are io be looked upon: Paper,
pen, and ink, will be allowed you immediately, and
any peflon you may name will be permitted to attend,
as your Counsel, at the above mentioned hour and
place.
I am, Sir, year mod obedient servant,
C. FRASER, Town-Major.
Mr. Hayne, in the Provof.
(No. 3.)
Memorandum. Sunday, 29th July.
THE Town-Adjutant will be so good as wait
upon Col. Hayne, in the Piovoft, and acquaint him,
that in consequence of the Court of Inquiry held on him
yesterday and the preceding day^ Lord Rawdon and
the Commandant have come to a reflation, that he
Ihall be executed on Tuesday, the gift inst. at fix
o'clock in the morning, for being found in arms and
levying a regiment to oppose the Briti/b government,
notwithstanding he had become a fubjert of and taken
pro ertion under that government, after the reduction
of Cuarleltown.
C. FRASER, Town-Maior.
(No. 4 .)
Letter from Cd. Hayne to Lord Rawdon and Col.
Balfour.
Provost, July 29, 1781.
My Lord, and Hon. Sir,
I W A S on Thursday morning lafl favoured with
a billet from Major Fraser, informing me, that a Board
of.Field-Officers would assemble the next day for my
trial; and in the evening of the fame day, 1 received
another from the lame gentleman, acquainting me,
that indead thereof, a Court of Inquiry would lit
'' for the purpose of afeertaining in what point of
view I was to be looked upon." —I was also told, that
any person I Ihall name should attend as my Counsel.
Having never had an idea, or heard of one enter
tained of a Court of Inquiry, but that it was only to
precede a Courty Martial, or some other Court, for
the more extenhve examination of farts, except in
rhe case ofa spy, and Mr. Jarvis, the Deputy Provofl-
Marshal, being unfuccefsful hi an attempt to meet
with the gentleman I had named for my Counsel, J
was not anxious to have witnesses summoned, of
which I could produce many—and attended the Board
without affiftanec.
When before the Board, I was further convinced
that I was right in my conjerture, as I found that
the Members were not sworn, and witnesses were
not examined upon oath; and it must have been
obvious to every Member and other, person prefect,
from my requests and general condurt, that I had not
the least conception of my being upon a trial or ex
amination for my life or death—nor do 1 believe
the Members themselves, or any other person there
present, had any such.
In the cases of spies, a Court of Inquiry is all that
may be necessary, because the single fart, whether
spy or not, is all that is to be inquired into; and his
entering the lines of the enemy's encampment or
garrifod, fubjerts him to military execution. As,
this neither is or ever was a charge against me, I
humbly apprehend the information 1 received, that
the Court was to inquire, what point of view I was
to be considered in, can never be allowed a fufficient
warning of my being intended for trial, and that it
could only mean to-inquire whether I was to be
considered as a British or American fubjert—if the
former, to be fubjert to a fair and legal trial —if the
latter, to be admitted to parole.
Judge then, my Lord a°d Sir, the ajlonifhment I
must have been in, when I found I had been surprised
into a trial without knowing it to be such, and depriv-
[Vol. !%]• • THE 'Y^fr.]
NEW-JERSEY GAZETTE.
W E D N E S D A Y, September 26, 1781.
ed of making a defence, which I can both on law
and fart, and the affiftan.ee of Counsel and witnesses,
being just informed that I was, on the proceedings
of this Court, adjudged to die, and that on a very
Abort day.
Immediately on the receipt of this notice, I sent
for a gentleman of the law, who I had originally
intended should be of my Counsel, whose opinion in
point of law of the proceedings had against me, 1
enclose, and beg leave to refer to
I can and do sincerely allure you, that I had and
have much to alledge in my defence, if I should be
favoured with a trial: If I should not (which from
yourjuftice and equity 1 cannot tuppofe) 1 have to
request, as I earnestly do, that the time of my exe
cu-ion may be extended, that I may take a last fare
well of my children, and prepare for the auful change.
I shall hope for a speedy answer, and am with refpert,
Tour Lordjbip's and your Honour 'j,
Obedient bumble fera&nt,
I. HAYN E.
(No.j.)
Lord Rawdon and the Commandant's arfwer to my
letter of the ayth, delivered by the Town-Major on
Monday the 3&tb, at ope o'clock.
IA M to inform you, That you for execution was
not ordered in consequence of any sentence of the
Court of Inquiry, but by their authority which is
invested in them as Commander in Chief of the army
in Sohth-Carolina and Commandant of Charlcflown,
therefore their refohhion retardns unalterable.—lthen
requested, that Major Fraser would earnestly intreat
Lord Rawdon and the Commandant for a respite,
until I could fend for my children, and take a final
leave of them —at three o'clock the Town-Adjutant,
Mr. Cooper, returned for ar.fwer, that my requell
was denied. —Tuesday, July gift, one o'clock, A. M.
The Deputy Provoft-Mariimi entered, and informed
me to prepare for death, as he had just received
orders to that effert, and that I must quit the room
at five o'clock. In Id's than half an hour Major
Fraser entered, and delivers d the following meflhge—
Colonel Ha, ne, 1 am to inform you from the Com
mandant, that in consequence of a petition, signed
by Governor Bull and a number Mothers, yourrequeft
yesterday, and the humane treatment you observed
to Inch British officers and folders which fell into
your hands, that you have a respite for forty eight
hours; 1 then returned thanks to the Commandant
for t±e respite, as it gave me an opportunity of feting
my children. He had not gone out long before he
returned, and laid, he had forgot part ofhis meflage,
viz. Thit the moment any representation was made
to the Commandant by General Greene in my behalf,
the respite ceased, and 1 will be immediately ordered
for execution.
' (No. 6.)
Auguf ^ 1781.—Three o'clock, A. M.
Mr. Cooper, Town-Adjutant, came in and read
the following menage, viz. Lord Rawdon and the
Commandant have agreed to grant a respite to Mr.
Hayne for forty eight hours, longer. J returned fur
aufwec —I was obliged to them.
Mr. Colcock's opinion on the case of Colonel Hayne,
enclosed in bis letter (Ao. 3.) 10 Lord Rawdon and
Col. Balfour.
THE Colonel being a prisoner in the Provofr,
taken, as is laid, in arms against His Majesty, received
on Thursday evening information from Major Frater,
in ihde words, " A Court of Inquiry, confiding of
four Field officers and five Captains, will assemble
to-morrow at ten o'clock, at the State-House, for
the purpose of afeertaining in what point of view you
arc to be looked upon." The Court met the next
morning, and the prisoner attended. Neither the
members or witnesses were fivorn. The prisoner not
conceiving it more than a Court of Inquiry previous
to a trial, neither availed himfclf of the leave given
him for having counsel, or producing witnesses to a
great many'facls necessary for his defence, for which
indeed he had but little time. He has this morning
received notice, that Lord Rawdon and the Com
mandant have come to a refohition, in consequence
of the Court of Inquiry, that he ihall be executed on
Tuesday the gift instant. The prisoner enquires—
Whether the proceedings had are warranted by any
law, and the sentence legal?
ift. That in the notification of your intended
examination before the Court of Inquiry, there is
not even by military rule a fufficient certainty or
charge expreflid to be considered by the Court or
defended by you.
2d. That no enemy is liable to fuffer death by the
articles of war, or any, ether military rule or law of
which I have ever had cognizance, without trial,
except spies, who are by the articles of war exprefsl,
deprived of that right.'
3d. I hat no fubjert is liable or can be deprived
ofhis life; liberty or property, but by the judgment
of hi§ Peers, or the law of the land, and that there
is no law that I know of which warrants such a trial
and condemnation as has been had in this cate. —
That it is a fixed lule in law,' that a man is to be
presumed innocent till found guilty.—That even
being found or taken in aim's, is net such a proof of
guilt as prevents a defence upon proof of compulsion
or otherwise, and that many so taken have been on
such proof acquitted.
4th. That I am therefore clearly of opinion, that
confidcring you as an enemy (not a spy) the pro
ceedings had against you arc not warranted by law,
and that as a fubjert, they are directly repugnant
and contrary thereto.
JOHN COLCOCK.
CbarleftoWn, tyb July, 1781.
SOUT 11- CAROLIN A.
By I!is Excellency John Rutledge, Esquire, Go
vernor and Commander in Chief of the said date.
A PROCL A MATI O N.
G. S. Y„ HEREASmany perfohs taking
advantage of the late disturbed and
unsettled condition of the date, and hoping, in the
corifufion and disorder occasioned by the calamities
of war, to efeape punishment, have committed the
moll wanton and rapacious arts of plundering, some
uqder colour of indemnifying themselves for losses
which they have fuftainco, others under pretence
that the persons to whom such property belonged
arc tories, or enemies of the Fate ; and others, from
a wicked and inordinate desire of acquiring wealth
by any means, hewfoever unjuftifiable, and from
any persons whether friends or foes,
AND WHEREAS the publick fafety requires
that the molt JR ftual measures be taken for suppres
sing such an unwarrantable and pernicious practice:
Inafhuch as good and faithful fubjedts should be
protested and Reared in the full and tree enjoyment
of their property ; and no man, although a crimi
nal, should be dcfpciled of his estate but by due
course of law. 1 havu therefore thought fit to issue
this proclamation, ftridly forbidding all persons from
plundering, taking 01 holding the property of others,
under any pretence or for any cause whatever; warn
ing persons poffefled of such property of the dan
ger which they will incur by continuing to withhold
it, and charging them immediately to restore such pro
perty to the owners of it, unlcfs such owners are
with the enemy, mid in that case to deliver it to the
Brigadier-General of the diftrirt in which it is, as
they will annver the contrary" at their peril: For
speedy and exemplary punifL'ment fhaJl be inflicted
upon offenders. And I do direct all juflices of the
peace, diligently and faithfully, to execute their of
tice, and to afe all lawful means which may be necei
fary for apprehending, securing and bringing to jus
tice, such persons as aie or may be accused of the
above mentioned, or any other criminal offence, I
do moreover command all military officers of this
Rate, to ,give such aid and affiftanec to the civil Ma
gistrates, as they may require for that purpose, and
j do exhort all thole who know or have rcafon to
believe, where any plundered property is,concealed
or fecrctcd, or by whom it is pofieffed, to make dis
covery, and give information touching , the fame, to
the ncareft Magistrate, in order that proper steps
may be taken for the recovery thereof.
Given under my hand, and the great seal, at the
high hills of Santee, this fifth day of August,
1781, and in the sixth year ofthe independence
of America.
J. RUTLEDG E.
By His Excellency's command
John Sanford Dart, Priv. Scc'ry.
September 19.
Extrart of a letter, dated Weft-Point, 20 miles from
York, September 10, 1781.
" On Friday last appeared oh our bay a British
fleet, the number unknown. The French fleet put
to lea, leaving three of 74 guns in Yoik river, which
proves their lupcriority, and they had an engage
ment at sea. Yesterday it was confidently reported
that they had returned with three Eritill frigates and
one 74., which they had taken. The French and
American troops have joined, and are between Yoik
and Williamiburg. No doubt Cornwall's will fight
hard, as he is making the greatest exertions to de
fend himfeif—he will fcon lose all his cavalry, they
are greatly reduced already, and the whole alm@ft
unfit for fervicc."