The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1778-05-25 00:00:00, page 1

TRENTON, May i 3.
The Jollovoing interring intelligence was published
at "Fork-Town, in a Poffcript to tbe Pennsylvania
Gazette, oj May 2, 1778.
,Y O RK-T OWN, May 4.
On Saturday last Simeon Deane, E:q; arrived at Con
gress, express from the American Plenipotentiaries, at
the Court of France, and delivered his difpatcbes to
the President---The important contents are, by a
correspondent, thus communicated.
m H E news of the defeat and captivity of
General Burgoyne were received in France
the beginning of December, with as much
1 joy as if a victory by their own troops had
been announced. Our Plenipotentiaries took
this opportunity again to attract the attention of the
Court of France to the object 01 their negociation. On
the 16th, Monfiedt Girard, Royal Sy:dtc of Stratiburgh,
and Secretary of his Majesty's Council of State, waited
upon our Plenipotentiaries, and informed then, by order
of tbe King, 66 That after long and lull confidera ion of
our affairs and proportions in council, it was decided,
and his Majesty was determined to acknowledge our inde
pendence, and make a treaty with us of amity and com
merce. That in this treaty, no advantage would be
taken of our present situation to obtain terms from us,
which otherwile would not be convenient for us to agree tty
his Majesty desiring that the treaty once made, fhculd be
durable, and our amity fulfill for ever, which ceu'd not
be expected, if each nation did not find its interest in the
continuance as well as in the commencement of it. It was
therefore his intention, that the terms of the treaty
Should be such, as we might be willing to agree to if our
state had been long eftabliShcd, nd in the fullnefs of
strength and power, and luch as we Should approve of
when that time Should come. That his Majesty was
fixed in his determination, not only to acknowledge, but
to support our independence by every means in his pow
er. That in doing this, he might probably be soon en
gaged in war with all the expences, rifque and damage
usually attending it; yet he Should net expert any cum
penfation from us on that account, nor pretend that he
afted wholly for our fakes, since befidesh.s real good-will
to us and our cause, it was manifestly the interest of
France that the Power of England Should be diminished
by our reparation from it. He Ihuuld, moreover, not so
much as insist, that, if he engaged in a war with Eng
land on our account, we should not make a separate peace
for ourselves, whenever good and advantageousterms were
offered to us. The only condition he Should require and
rely on would be this, that we, in no peace to be made with
England, Jbould give up our Independence, and return to tbe
obedience of that Government.''
That upon such principles, by virtue of full powers by
the King of France, to Monsieur Girard, Royal Syndic
of the city of Strafburgh, and Secretary of his Majdty's
Council of "State, dated the 30th of January, 1778, this
Minister with our Plenipotentiaries, Signed at Paris, on
the 6th of Feb. a treaty ot alliance and commerce be
tween the crown of France and the untea states of Ame
rica, almost in the very term in which the American
Plenipotentiaries had been instructed by 00g efs. In the
treaty of alliance, the following articles are confpicur us
" Article I. If war should break out between Fiance
and Great-Britain, during the continuance of the present
war between the united dates and England, his Majelty
and the united Rates shall mike it a common cause, and
aid each other mutually with their good offices, their
councils, and their forces, according to the exigence of
conjunctures, as becomes good and faithful allies."
" Article 11. The essential and direct end of the pre
sent defen five,lliance is, to maintain effectually tbe liber
ty, sovereignty and independence, absolute and unlimited, of
the said united states, as weil in matters of government
as of commerce."
" Article KI. The m^ft Christian King renounces
forever the poffeffi n of the Iflind of Bermuda, as well
at of any part of tbe continent of North-America, which
before the treaty of Paris in 1763, or in virtue of that
treaty, were acknowledged to belong to the crown of
Great Britain, or to the united states heretofore called
British colonies, or which are at this time, or have lately
been, under the power of the King and Crown of G.Britain.
The treaty of commerce hands upon the broad balis of
equality ; and, con fidering the eftabliShed great power of
France, and the infancy of the united states, is an aft
without parallel. In a word, the sentiments delivered
on the 16 h of December by Mons. Girard, by order of
the King of France, are sentiments rarely entertained
by Princes, and which, together with these equal treaties,
mutt rank him, not only among the greatest Monarchs of
France, but in history.
The independence of America is a favourite object
with all those Princes of Europe, who entertain commer
cial views.—With refpeft to the acknowledgement of
our independence, they have waited the ex mple of
France, and will now" be determined in our favour by her
c>ndu& The Emperor, Spain, and Prussia, are de
termined to support us. On the 6th of November last
t* e Prullian Minister wrote in the following terms to one
of our Plenipotentiaries. " As to the reinforcement of
troops which Great-Britain may receive, from other
powers of Europe for the next campaign, I can assure
you, Sir, that your nation has nothing to fear from
Russia or Denmark ; and that even Germany will not
furnifh but feme hundred men, which the Duke of Brun
fwtek, the Landgrave of Hefe, and tbe Margrave of
Anspach, in conformity to their treaties, cannot but
fend annually, to recruit the troops which those Princes
hold in America in the pay of England. Iris with Sincere
fatisfaftion that I give you this agreeable information."--
The King of Prussia would not allow the troops of Hesse
and Hanau, in British pay, to pass through his domini
ons, —he has promised to be the second power in Europe
to acknowledge the independence of America.
These important advices were brought over in Le
Senfiole, Mons. Marignie, commander, a royal frigate of
France, of 28 twelve pounders and 300 nen She left
Brest on the 8 h of March, and after a paflage of thirty
five days arrived at Cafco-Bay, from whence she failed
on her return, after two days flay to take in water.
Monday, May 25, 1778^
A White Loaf of the fineft FLOUR, to weigh
2 lb. 6oz. for 14. Coppers, and in ,the fame
Proportion for Loaves of a lesser Weight.
JAMES ROBERTSON, M. G.
ASSIZE of BREAD. Flour at 355. per Cent.
Pubiifhed' February a, 1778.
NE W-Y ORK
AND
WEEKLY
Containing tbe eatlieff aobices
^ Printed by HUGH GAINE, at the BIBLE and CROWN, in HANOVER-SQUARE.
THE Court met according to adjournment. The
Judge Advocate took exception at General Bur
goyne's claim to observe upon the evidence at doling the
charge ; and argued, that if the General was permitted
to speak at all, it must be upon the principle of indulgence
and not of right.
General Burgoyne expressed furprize at"the exception
being made so late in the cause; he thought it more par
ticularly extraordinary, as the General had not stated his
idea of the mode of proceeding at the firft, in which the
Judge Advocate had acquiesced ; but at the last meeting
it had been fully difeuffed iri open Court between them,
and the Judge Advocate had agreed to the General's
right, both of applying the evidence upon the charge,
and also of replying to the defence, provided he, the
Tudge Advocate, had the closing of the whole. The
General observed, that had the Court declared against
this claim in the beginning, or could he have expected
such objection, he should have examined the witnesses
in a very different manner, in order to bring matters more
fully and pointedly before the Court, than he thought it
necessary to do, upon the supposition of a future occa
sion to explain the reasons of his questions, and by de
duction and inference to make the application.
The General, nevertheless, proposed that the princi
ple upon which he spoke should lie dormant, to avoid
trouble to the Court, that he had his own opinion upon
the right, the Judge Advocate might retain his upon the
indulgence, provided nothing concerning the matter was
entered upon the proceedings, he should make use of the
pqwer without further question.
Subflance of General BURGOYNE's SPEECH,
delivered to tbe Court-Martial, upon closing the
evidence on tbe Trial of Co onel Henley.
Upon the signal at half past eleven, the whole army
repaired to their alarm posts ; upon which General Wash
ington. and the general officers reviewed the whole army
at their refpe&ive posts : and after the firing of the can
non and mufquetry, and the huzza's were given agree bly
to orders, the army returned to their refpe&ive brigade
parades, and were dismissed.
All the officers of the army then affcmbled, and par
took of a collation provided by the General, at which
several patriotic toasts were given, accompanied with
three cheers. His Excellency took leave of the officers at
five o'clock, upon which there was universal huzzaing,
Long live General Washington ! and clapping of hands
until the General rode some distance. The non-com
missioned officers and privates followed the example of
their officers as the General paff:d their brigades. Ap
probation indeed was conspicuous in every countenance,
and universal joy reigned throughout the camp.
At half past ten o'clock, a cannon will be fired, which
is to be a Signal for the raen to be under arms. The Bri
gade lnfpe&ors will then infpeft their dress and arms,
form the battalions according to the instructions given
them, and announce to the commanding officers of bri
gades that the battalions are formed. The Brigadiers
will then appoint the field officers to command the batta
lions ; after which each battalion will be ordered to load
and ground their arms. At half past eleven, another
cannon will be fired as a signal for the march; upon
which the several brigades will begin their march by
wheeling to the right by platoons, and proceed by the
nearest way to the left of their ground in the new positi
on that will be pointed out by the Brigade Infpe&ors. A
third signal will be given, upon which there will be a dis
charge of thirteen cannon : When the thirteenth has
fired, a running fire of the infantry will begin on the
right of Woodford's, and continue throughout the whole
front line ; it will be then taken up on the left of the
second line, and continue to the right. Upon a signal
given, the whole army will Huzza ! Long live tbe King
of France! \
The artillery then begins again, and fires thirteen
rounds. This will be succeeded by a second general dis
charge of the mufquetry in a running fire-Huzza! long
live tbe friendly European powers ! Then the last difeharge
of thirteen pieces of artillery will be given, followed by a
general running fire---Huzza ! for tbe American states !
Agreeably to the above orders, his Excellency General
Washington, his amiable lady and suite, Lord Stirling,
the Counrefs of Stirling, with other General officers and
ladies, attended at nine o'clock at the Jersey brigade,
when the poftfeript mentioned above was read, and after
prayer a suitable difeourfe was delivered to Lord Stirling's
division by the Revd. Mr. Hunter.
Mr. President, and Gentlemen of the Court,
IT being now admitted that in elofirig the evidence I
may offer such arguments as to me shall seem proper,
in support of the charge, and reserving to myfelf aclaim
of replying to the defence; I shall enter upon the firft
part of the very painful, though by no means difficult
undertaking—painful, because I cannot purfae the of
fence without setting the offender in points of view at
which every benignant mind must shudder---easy in every
other refyed is the talk, because I will venture to „9.
The Court having acquiesced, he proceeded as fol
lows:
Head-Quarters, Camp, Valley Forge, May 5,1778 b
Extract from General Orders.
IT having pleafcd the Alnrighty Ruler of the universe
propitiously to defend the cause of the united Ameri
can states, and finally by raising us up a powerful friend
among the Princes of the earth, to establish our liberty
and independence upona lasting foundation : It becomes
us to set apart a day for gratefully acknowledging the
divine goodness and celebrating the important event which
we owe to his benign interposition.
The several brigades are to be affcmbled for this purpose
at nine o'clock to morrow, when their Chaplains will
communicate the intelligence contained in the poftfeript
to the Pennsylvania Gazette of the second instant, and
offer up a thanksgiving, and deliver a difeourfe suitable
to the occasion.
Monday, 23 Min. after 8
Tuesday, 23 Min. aftei ,
Wednesday, 24 Min. aftei 10
Thursday, 24. Min. after 11
HIGH-WATER at NEW-YORK, this Week.
January 28, 1778.
^^B^
&lI^INI^^
Friday, 25 Min. after li
Saturday, 20 Min. aftei 1
Sunday, 4.1 Min. after 1
New Moon Fo-morrowo.
THE
nounce the evidence when arranged and adjusted, will
amount to such a mass of proof, as cannot be overthrown ;
and will authorife and call for the strongest terms I can use
in my demand of public justice. And, Gentlemen, let me
be permitted to assume to myfelf applause, rather than
blame, that the evidence has not been laid before you in
a regular series, the reason was, that, though assured by
the reports made to me, that the evidence would produce
conviction; upon the whole, I was ignorant how the
testimony of the particular witnesses would apply and
point to the progression of the charges, because I have
had no previous intercourse with them.
I declare upon my solemn word of honour, that I have
had no concert or communication, diredly or indirectly,
with any non-commiflioned officer or soldier who has ap
peared at your bar, one only excepted, viz. Serjeant
Fleming, of the 47th regiment, who has deposed to the
salutation Col. Henley gave to him and his comrades at
, the Adjutant-General's office, that whole matter ap
peared to me so very improbable, that I not only sent for
the ferjeant to warn him of the sacredness of an oath,
and of the fin of intemperate zeal, but also I thought it my
duty to enquire minutely into his character---! found the
man firm and uniform in asserting his veracity; I found
his officers unanimous in supporting his credit.
In every other instance I adhered religiouSly to the de
termination I had taken of secluding myfelf from the
witness, not only to guard my character in this region
of suspicion. and aspersion against the supposition of un
fair practices, of suggesting to witnesses, or leading them
to Strain a sacred-oath to the utraoft limits of truth ; I
besides had a Scruple of trusting my own mind with too
hasty pre-poffeffions, in a cause wh*re with the most so
lemn matter of a public nature is involved the fate of a
Gentleman, high in his military station, and tojudge by
the apparent signs of good wishes on this day, also high
in popular esteem.
We were led into these delusive hopes by the very ho
nourable treatment shewn us by General Gates, by that
we received from you, Mr. President, when you conduct
ed us upon the march, and by that we afterwards found
from the worthy member of the court near you, who had
the immediate command in this diftrift, upon our ar
rival, and to whom, most happily for us, the fame com
mand is now again devolved. The firft symptom we
difeovered of any uncandid designs, was, the mode efta
blifh'd for correfting errorsand disturbances in the troops
of the Convention, men were taken up, imprisoned, and
otherwise punished by the American troops, without any
prior reverence to their own officers. I very well know,
with how much flight, and even derision, my sentiments
have been treated upon this fubjeft, but I still insist that
after taking up men for faults, to have applied to the
officers of the convention troops, in the firft instance,
for their punishment would have been consonant to every
principle of decorum and good policy, not meaning to
deny that upon any proof of partiality, or connivance,
or undue lenity, it then became tbe proper and indifpen
fible duty of Gen. Heath to take the distribution of justice
into his own hands.
The contrary maxim being established, let us examine
how it was carried into execution. And the firft circum
stance in point of time, tho' the last in the proceedings,
is that bust of indecency, scurrility, and impiety from
Col. Henley, to the Quarter Master Serjeant, at the Ad
jutant-General's Office. It is not without difficulty I
can frame my mouth to read the words as they were deli
vered upon oath, by that refpe&able witness, Serjeant
Fleming, viz. " Yuu rascals I'll make damnation fly out
" of you, and I will myfelf, one of these nights, go the
“ rounds, and if I hear the least word or noise in your
" barracks, I'll pour shot amongst you, and make flame
" of Hell jump out of you, and turn your barracks in
" fide out."
Thusunprrjudiced I came into your Cc ,-t. I Scorn to
rake up the slighter matters that might be comprehended
in the general words of the charge. Such as personal
incivility to officers, expressions and actions of peevish
ness, haughtiness and disgust : I mean not to press that
they existed, or if they did, I am desirous they should
pass as faults of temper, and deficiencies of manners in
cident to a man's nature, education, and habitual course
of life; and I shall confine my comments, as it is my
duty to do to the teftimonievpon your minutes, and the
circumstances immediately relating to them.
Without departing from this principle, it may be ne
cessary te take a general review of things, previous to
the date of the grievances complained of.---We arrived
at Cambridge passengers through your country, under the
fanftion of a truce. In whatever capacity we had been
found in a foreign and independent flare, we were entitled
to personal protection, by the general and most sacred
laws of truth and reason ; but when to the promulgated
law of civilization are added the written principles—
or written only upon the hearts of generous people —
honour, refped for the brave, the hospitable wishes that
usually press to the relief of the unfortunate, the stran
ger, and the defencelefs man in your power, how will
our claims multiply upon the mind! Sanguine imagina
tions conceived yet further motives for kinduefs.---There
were men among us so vain as to believe, that, notwith
standing the present reparation between us, the different
duties we now maintained, the prejudices of political
zeal and the animosity of civil war---yet still, the con
flict over, it might be remembered we once were brothers,
and the more especially, as it was improbable by the
terms of the convention of Saratoga, that the generality
of us should ever oppose America in arms again,---
The Court will remember, that when this evidence
was given, it rather excited laughter in some part of the
audience, than any serious condemnation.
This day it seems to make a different impression ; the
minds of all around follow me, while I contend that ex
preffians so wild, f) unfit, so unprecedented from the
mouth of a Gentleman ; argue the most diabolical passi
ons boiling in the breast, the very enthusiasm of rancour
and malice. I defy any man to divest himfelf of that
idea. It will attend the mind through the whole course
of their proceedings, and cast a (hocking glare over every
subsequent tranfaftion, of forethought, intention, and
bloody resolution.
Wheat per Bushel, izs. od.
Flour, 355. od;
Brown Bread, 20s. od.
Welt-India Rum, 6s. 6d.
New-England do. ss. od.
GAZETTE:
1 T H E
MERCU R Y.
PRICE CURRENT, in NEW.YORK;
Mufeovado Sugar, fl. 10$,
Single refin'd ditto, zs. 2 d.
Molasses, 2 s. 6d.
Beef per Barrel, 90s. od.
Pork, jl. ios.
Foreign ano Domeffick.
Gentlemen, when I fay the perseverance of the Cor
poral ought rather to have pleased than provoked. I
speak not vaguely nor romantically---! feel confeious proof
of the truth---and when I confider the actions of Waffi
ington—-when I meet in the Field a Gates, an Arnold -
a General Glover, and fee them bravely facing death in
support of their principles, though I would shed my last
blood upon a different conviction, Icannot withhold from
the enemy the refpe& due to the soldier, and the im
mediate confla over, he robs me of my anger and seizes
my good will.
Gentlemen, in the different parts of the examination
upon this fa&, many questions have been asked by the
prisoner, fudge Advocate, and by the Court, refpe&ing
the appearance of the prisoners temper --war he not in
a mild mood ?---did he not seem good humoured ?—-
mild murder---good humoured murder, are phrafei I
fancy will not convey any clear meaning, till men change
their ideas of that crime. We hear, 'tis true, fometime#
as a fort of proverb, to mark the utmost malignity and
treachery of a man, smiling in your face while he cuts
your throat ; but I believe it never was produced as an
excuse or extenuation of guilt. These questions there
fore, as I conceive, can have no tendency but to infinuatc
that Col. Henley's passion was intirely railed by the im
mediate provocation he received ; I am ready to join upon
this argument ; and if the gentleman will rest his cause
upon it, I will relinquish the proof established, of Reeve's
decency and consistency, and give him latitude for all the
provocation he can suppose, Short of personal assault, and
the necessity of felf defence, which I am sure will not
be pretended ; I will transpose, if he pleases, the time
when Reeves is proved to have talked about King Han
cock, and bring it back to the instant where it was at
tempted to be introduced as a fubflantial matter of provo
cation. He Shall add insolence of gellur, to abusive
terms, and under all these fictitious circumstances, I will
take the judgement of the court, whether Col. Henley
with full powers to ir\rifon and to punish by regular,
decent, legal proceeding, has a Shadow of juftificaticq
for making himfelf in his own person party, judge, and
executioner..,/
From the 19th December the hands of Col. Henley
were unimbrued in blood tty the 8 h January, but it evi
dently appears, upon your proceedings, that the influ
ence of his example and the encouragement of his pe
cepts failed not to operate ; as the r firft proof of it 1
request the attention of the court to the teftimonv of
Col. Lind ; the pofiuon of the rentry which was such
as must neceffsily affe& every paffe'nger upon the public
road whenever he fired, and ar the fame time a readiness
to do mifehief so marked, that he took women for his
objects, and would not give them time to turn round --
he had orders so to do. --Let the behaviour of the next
centry, to whom Col. Lind applied, the ungentleman-like
behaviour of the officer, with his confirmation of the
whole proceeding, being according to order, be combi
ned and compared, as it must universally strike common
sense that there were several parts of one determined
plan to diffufe the feeds of difeord and fury in order af
terwards to countenance a general havock.
But it may be said the orders under which the conti
nental troops afted were not those of Col. Henley, but
I pause here to apply to the feelings of the court, whe
ther a more decent, proper, fatisfadory excuse could have
been conceived'; what did it draw from the Colonel ? “ Had
it been me you served fe, I would have run you thro' the
body you rascal;" continue the comparison between the
language ot the Colonel and the Corporal,—' 'Sir, lam
no rascal, but a good soldier, and my officers know it,
and l hope soon to be with General Howe, and fight for
my King and my country,"—What did this produce from
the Colonel ? “ Damn your King and Country," and an
order to the guard to run him through the body, not a
hand or a heart could be found for the butchery; the
Colonel enraged at the virtuous disobedience of his men,
leaps from his horse, fe ; zes a firelock with a fixed bayonet,
and strikes it at the man's heart. I call upon the gentled
man of a learned profeffion near me, to inform the court
when he sums up the evidence at the close of the trial
whether this aft would not constitute malice propenfe in
law, I mean, that admitting for the fake of the argu
ment, that there had been such provocation given as would
havejuftified a man, having an offenfive weapon to m^kc
use of it instantly, which would have been only man.
daughter; the intermediate aft of dismounting a horse,
and taking a fi # elock from the other, implying time for
recollection, would have made the aft wilful murder had
the man died. Confider now, gentlemen, what followed
---The brave Corporal in the instant expectation, his
words would cost him his life, persevered, « 1 don't
“ care, I stand by my King and my country till I die."
The action would have charmed a brave man ; it would
have been a fpcll upon his arm, and kept the stroke sus
pended beyond the power of witchcraft---What effect
had it upon the Colonel ? to provoke a second stab, which
was only diverted by the intervention of the man next
him, who caught hold of the bayonet and threw it up.
I shall qubte indiscriminately from the testimony of
one or other of these witneffe#, because though some re
collect a few short passages or words more than others,
there is not a Shadow of contradiction ; and I am confi
dent there never was an instance where truth was ever
laid before a court by united evidence more perspicuously.
It has been sworn, that " on the morning of the 19th
" of December, Col. Henley went to the barracks on
" Profpe&-Hill to release some British soldiers who were
" prisoners, that having them paraded, he read over their
“ crimes, and coming to Reeves, told him he was con
" fined for insulting a provincial officer; Reeves made
" answer, he was lorry for it, that he was in liquor, and
" would not have aded so had he known him to have
" been an officer."
Itis very material to observe, that this demonstration
of Col. Heriley's rtiind, was on, or about the 16th of
December, and it was no longer till the 19th before he
confirmed by overt aft the principles he profeffed.
The Tabbing of Corporal Reeves is proved by the evi
dence of Corporal Buchannan, Alexander Thomson, and
Robert Steel.
[For tbe Remainder, fee tbe last Page.]
Fine Salt, ft. od
Coarse Salt, Bs. od
Indian Corn per Bu. 7s. od
Coffee, is. 9d
Chocolate, 265. per Do.
[No. 13^7]