The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1781-07-30 00:00:00, page 2

.LONDO N, April 26.
• Ixtraa of a Letter from Parts, %,
" The general report cf the Spanrfn fleet
being returned to Cadiz, is not confirmed;
on the contrary, the last letters receiver rom
that port agree to faying, that the King 0
Spain will absolutely have the fleet keep to
sea. Weare therefore still in expedition of
an engagement between the Englilh and the
Spanish fleets. By the fame letters we learn,
that Commodore Barcelo had demanded leave
to retire. The motive of this is attributed to
his being disgusted at his station at Algeziras,
where, notwithstanding his vigilance in in
tercepting the English Ships, he has the mor
tification 'to fee m^y of them flip into the
port of Gibraltar, owing to the want of iub
ordination and adivi y in the officers under
h : s command. ~
“ The departure of M. de la Motte P^uet
is fixed for next week. It is pretended he is
to join rhe Dutch, who have 12 ships in rea
diness ; and that these united forces are to
cruise against the Englilh in the Nort ea
and the Baltic. . ~
“ The Count Duchaffault, who is retired
to one ofhis estates, happily for our marine,
has not quitted the service, but is at prelect
grievouSly afflicted with the gout. _
“ Last Friday M. de la Touche Vaffor,
Lieut. Gen. of the Navy, and Commandant
fur the King, at Rochfort, died here.
April 28. Sir Edward Williams, Bart, is
diofen chairman of the committee to investi
gate the EaR India Company's right to their
territorial acquisitions.
His Royal Highness the Bishop of Oina
bur^h, during his residence at Herenhaufen,
has spent his time in a manner that does ho
nour to his underftandirg and his heart. He
has Shewn in every particular, an earnest de
sire to become acquainted with every object
and person that can yield him any ufeful in
formation relative to his Majesty's German
dominions in general ; or the Bishop of Of
maburgh in particular. He rises at fix in the
morning, and in half at hour is ready to give
audience to all persons who come to him on
business, or to inform him concerning any
thing he wants to know; and this audience
he gives walking in the gardens till near nine
o'clock. His Highness intimated, that he
wished particularly to have accounts brought
in to him, cf all the parishes in the Bishopric,
comprehending the people, profeffions, foil,
produce, taxes, improvements made or
making, and those wanting, with any other
ufeful particulars that could be given. Great
numbers of clergymen set about this work
with earnestness, and are continually bringing
their accounts to the Prince. At nine 0 clock
4e breakfafts, at ten reviews the troops on the
parade, which he designs doing in all the
principal towns of the Electorate. At one
o'clock has a levee thrice a week, and dines
at four; 2nd those evenings are spent at a
concert, and a ball after it. His Royal High
ness is much admired by all r^ks of people,
for the ease and condefeenfion of his beha
viour.
liiL^^v^"^wifciixoißif.aifc^^iwflMft^ mtn**
• —Extra^sfrom Rebel Papers.—
STATE of NEW-JERSEY.
An ACT to authorize the Governor cr Comman
der in Chief of the fate for the time being, to,
call oat apart of the militia of this htate, and
continue them in service for three months.
WHEREAS in the present exigency it ap
pears necessary, that authority Should be given
by law to the Governor or Commander in
Chief of the date, for the time being, to call
out a part of the militia of this state, for a
Larger term than one month, for the purpose
of co-operating with the a p my of the United
States ;
Sett. i. Be it therefore enabled by the Coun
cil and General Assembly of this Rate, and it
is hereby enaded by the authority of the fame,
That it fliall and may be lawful fcr the Go
vernor or Commander in Chief, in this date,
for the time being, and Privy Council, and
t-ey hereby are authorized and empowered to
call forth in the ordinary dourfe, y§o cf the
militia from the Several counties of this state,
exclusive of the commissioned officers in pro
portion to the number of men in each county,
borne on the nni.ia rolls, to be properly of
ficered and equipped, to be held in readiness,
and to be fubjeded to the orders of the Com
mander in Chief of the feedral army, to ren
dezvous at such place or places in this or the
neighbouring dates, as shall be by him direc
ted? and to continue in service for the space
of three months, unlc fs focner difcharged,and
to be commanded by field officers, to be ap
pointed by the said Governor and Commander
in Chief of the state, for the time being, and
Privy Council.
2. AND for the encouragement of such of
the said militia as shall turn out in the pre
sent emergency ; Be it enacted by the autho
rity aforefaid, That the fame pay and rations
shall be allowed to the non commissioned offices
and privates, who shall turn out voluntarily, or
be engaged in the service of their country,
for the term aforefaid, as is allowed by the aft,
intitled, An AR to raise by voluntary infiß
ment, 820 men, for the defence of the frontiers
of this state, paffed'Dec 26th, 1780, and the
field and other commissioned officers shall be
allowed the fame pay as those of the fame
rank in the, service of (he United stales, tobe
paid by the paymasters of the miliia of the
counties to which they refpedively belong, on
payrolls properly certified and authenticated
according to law.
3. And be it further ena&ed, that the com
midiontd and non-commissioned officers and
privates, who shall Serve in the laid levy, shall
be exempted from adual service in the militia,
unless in case of an invasion of the state, or cf
the county to which they belong, for the space
of nine months fiom the expiration of their
services.„
4. And be it further enabled, That the mr
liti^ which shall be called out as aforefaid,
shall, from the time of their arrival at the
place of rendezvous, he amenable to the rules
and articles of war established for the govern
ment of the troops in the service of the united
Rates. Provided always, that they shall be
tried by their own officers only.
Raffed at Princeton, June 27, 1781.
STATE of NEW-JERSEY.
An ACT to amend an ad, intitled an Aft more
effectually to prevent the inhabitants of thisfate
from trading with the enemy, or going ^thf
their lines, and for other purposes therein men
tioned.
WHEREAS the laws heretofore passed for
the prevention of the trade and inter
course carried on, and maintained with the
enemies of this and of the United States, have
been evaded, and in many refpeds found in
effedual to answer the good purposes thereby
intended : therefore,
Sedl. 1. Be it enabled by the Council and Gene
ral Affembj cf this fate, and it is hereby enabled
by the authority of the Jame, That from and af
ter the passing cf this adl, all licenses hereto
fore granted to dore or Shopkeepers, by virtue
of an AR, intitled, An Aft more effectually to
prevent the inhabitants of this fate from trading
with the enemy, or going within their lines, and
for other purposes therein mentioned, passed the
twenty second day of December, one thou
sand seven hundred and eighty, are hereby
declared to be null and void 'to all intents and
purposes, any law to the contrary notwith
standing.
2. And it is hereby enabled, That all goods,
wares, and merchandize, with boats, teams,
carriages and horses conveying the fame,
seized by virtue of this or of any other law of
this state, coming into, or difeovered within
this state, brought from within the enemyN
lines, which upon trial fir condemnation
thereof, shall appear to have been seized with
out apprehending and securing the person or
persons in whose peffedion the fame were
found, and the captor or captors cannot make
it appear to the fathfadion of the justice or
jury trying the fame, that the said property at
the time of the seizure did bona fide and altoge
ther belong to Lome person or persons, other
than the said captor or captors, and that there
was no collusion reflecting the said property
between the said captors, and any other per
son, or persons whatsoever, then, and in every
such cafei all such effeds upon condemnation
thereof shall be, and they hereby are declared
to be forfeited only to the use of the state, and
shall be so adjudged by the justice and jury,
and shall thereupon be delivered to the col
ledor of such town Ship, precin& or ward,
and by him fold agreeable to law; and the
full amount of the sales of the fame shall, after
deducing reasonable costs to be taxed by the
said justice, be by the township, precinct or
ward collector, paid to the collector of the
county, and by him paid to the treasurer of
the state, for the use of the fame: Provided
nevertbelefs, That where the justice or jury
shall be fully Satisfied of the integrity and
honesty of such captor or captors, and that no
collusion was had or intended in the seizure of
the property under trial as aforefaid, one half
of the monies so as aforefaid arising from the
lawful sales of the fame, shall be adjudged to
the use of, and paid to, and distributed a
mongft the captors agreeable to law ; and the
other half paid forward by the said collector,
in manner aforefaid, and applied to the use of
the state, any law to the contrary notwith
standing.
jd. And be it further enabled, That it shall
and may be lawful for any judge of the court
of common pleas in any county of this state,
and he is heieby authorized and required upon
application to him made, and due cause cf
suspicion shewn, as in case of stolen goods,
that any goods, wares or merchandize liable
to seizure by virtue of any law of this state,
are concealed or deposited in any dwelling
house, out house, shop, or any other place
whatsoever within such county, to grant a
warrant directed to the (heriff of such county,
or to any of the coroners of the fame, who are
hereby refpeaively required to pay obedience
to such warrant, to make search for, and to
seize and secure such goods, wares, or mer
chandizes; and in case of refu fal to permit
such search, or of opposition made thereto, to
break open doors and locks for the purpose
aforefaid: Provided always, That no such
search shall be made before sunrising, nor af
ter sunsetting; And provided also, That no
person shall hereby be authorized to enter any
house or other place as aforefaid, other than
the fheriff or coroner, and two reputable
freeholders not being the informers, unless
opposition be made by aa armed force.
4. And be it further enabled, That all goods,
wares and merchandize as aforefaid, which
may be difeovered and fecuied by such fneriff
or cororer, wh<ch shall upon trial be con
demned as having been brought from within
the enemy's lines, shall be disposed of at pub
lie vendue, in manner directed by law; and
the produce of the sales applied, one half to
the use of the informer, and the other half to
be 1 aid into the hands < f the colledor of the
township, pteci.6 lor ward, and applied to
the use of the ftate,and the burden of the proof
thall, on he trial, rest on the defendant.
5. And be it further enabled, 1 hat all goods,
wares and merchandize, wh ch may be found
in any Core, ffiop, dwelling-house, or cut
houfe, shall be liable to seizure and condem
nation, in virtue of this aft, unless the per
son in whose possession they are, or who may
claim the fame, shall prove in the court where
the title of the said goods, wares or merchan
dise is upon trial, that they were in his pos
session at the time of passing of this ad, or
that they were legally imported, and did not
come from within the enemy's lines.
6. And be it further enabled by the authority
aforefaid, That in all cases of seizure and
condemnation of any such goods or other ef
fects as aforefaid, in what manner soever the
fame may have been legally seized, the fame
shall by the justice before whom they shall be
condemned, be delivered to the colledor of
the township, precind or ward within which
such condemnation thall be had, which said
collector shall fell the fame at public vendue,
under the infpedion of the said justice, having
previously advertised the time and place of
such sale for at least five days in three public
places within the said township, precinct or
ward ; and a fair account of the full amount
of the sales, of the fame shall be made out by
the said collector, within three days after
such sale, and by him be delivered to the said
justice, who shall dispose of the monies arising
thereon according to law ; and if any captor
or other person shall feefet, appropriate, pri
vately vend, or in any other way dispose of
any such property so seized as aforefaid, con
trary to the true intent and meaning of the
lawsof this Rate, such captor or other person
so secreting, appropriating, or vending such
goods as aforefaid, shall be fined at the dis
cretion of the court where the fame is prose
cuted to effed, in any sum not exceeding the
value of the said property, one half to be paid
to the prosecutor, and the other half to the
county collector, to and for the use of the
Rate.
7. And be it further enabled, That nothing
in this ad contained shall be deemed, con
strued, or taken to affe& any action or suit al
ready commenced in virtue of any law of this
Rate heretofore passed.
8. And be it further enabled, That the firft,
second, third, fourth, fifth, sixth, seventh,
eighth, ninth, fifteenth, eighteenth, and
nineteenth feßions of an a&, intitled, An A6t
more efra^aAy to prevent the inhabitants cf this
state from trading with the enemy, or going with
in their lines, and for other purposes therein men
tioned, passed the 22d day ofDecember, 1780,
be, and the fame are hereby severally repeal
ed.
Passed at Princeton, June 28, 1781.
M. EWING,jun. Clk. of Gen, Affem.
From the New Jersey Journal, July 18.
By his Excellency GEORGE WASHING
TON, Esq; General and Commander in
Chief of the allied army.
A PROCLAMATION.
BE IT KNOWN-=That every day, durihg
the time the army remains in its present
petition, from day break until boon, two
market places will be open for the supply of
the army; one near his Excellency's Head
quarters, in the field just back of the house,
and near the Quarters of the Adjutant and
Quarter-Maker General; The other in the
French camp, near the house of Henry Taylor,
which is the head quarters of his Excellency
the Count de Rochambeau.
All persons who will bring any ' articles of
provisions, and small supplies for the use of the
ar^ny, may depend on being protested in their
persons and property ; and shall have full and
free liberty to dispose of their produce with
out moleftaticn or imposition; and will re
ceive no hindrance from the guards of the ar
my <n their passing to or repaffing from the
market places. No person will be permitted
to take any article without the full con sent of
the owner.
It is expeded, however, and will be required,
that every person, on his or her firft coming to
markets, will be furnifbed with a certificate
of recommendation, shewing their attach
ment to the American cause and infereft, sign
ed by two citil magistrates, or two other ref
pedable persons of known and approved cha
rafters, that no injury may arise to the army
fiom the arts of designing and evil minded
persons.
If the army should take a different position,
other places will be named where the like li
berty and protection will be given.
GIVEN at Head-Quarters, near Dobbs's
Ferry, the 10th day cf July, 1781.
G. WASHINGTON.
By his Excellency's command, 7
Jonathan Trumbull, jan. Sec'ry.j
PHILADELPHIA, July 21.
Extrablof a Letter from Major General Greene,
dated Camp at Little River, near Ninety fix,
'June 20, 1781.
IN my letter of the tyth, I informed your
Excellency, that the enemy had received a
considerable reinforcement at Charleftown, and
that I was apprehensive they would march out
and interrupt our Operations. On the fuh I
got Intelligences they were advancing ; I im
mediately advanced all the Car alry, with or
ders to General °tfmpter to colled all the Force
he could a^d keep in their front, and by every
Meahs in hit Power to retard their March —
The Enemy passed him at dungaree before he
got his Tropps in motion ; afterwards be found
it impracticable to gain their Front. It was
my Intention to have f ught them before they
arrived at Ninety-fix, could I have collided a
Force fufficient for the Purpose.
We had pished on cur Approaches vrty
near to the Enemy's Works, our third Parallel
was formed round their Abattis, a mine and
two Approaches were within a few Fert of the
Ditch. These Approaches were directed a
gainst the Star Fort, which Rands upon tie
Left of the Town, as we approached it from
the Saluda. On the Right our Approaches
were very near the Enemy's Redoubt ; this
was a strong Stockade Fort with 2 Blockhouses
in it. These two Works flunked the Town,
which is picketed in with strong Pickets, a
Ditch round the Whole, and a Bank raised
near the Height of a common Parapet. Besides
these Fortifications, were several little Flushes
in different Parts of the Town, and all the
Works communicated with each other by co
vered Ways. We had raised fevenal Batteries
for Cannon,one upwards of Twenty Feet high§
within One Hundred and Forty Yard% of the
Star Fort, to command the Works, and a Rifle
Battery also within Thirty Yards to prevent
the enemy from annoying our workmen. For
the last ten days, not a man could shew his
head but he was immediately Riot down, and the
filing was almost incessant day and night. In
this Rage of the Approaches, I found the Ene
my so near us that it would be impossible to
reduce the Place without hazarding a Storm.
This, from the peculiar Strength of the Place
cotfid only be warranted by the success of a
partial attempt to make a lodgement on one
of the curtains of the Star Redoubt, and a
vigorous push to carry the tight hand work.
The disposition was accordingly formed, and
the attack made ; Lieut. Col. Lee, with his
legion infantry, and Capt. Kirkwood's light
infantry, made the attack on the right; and
Lieut. Col. Campbell, with the firft Maryland
and the firft Virginia regiments, was to have
formed the Star Redoubt, which is their prin
cipal work, and Rands upon the left: The
parapet of this work is near 12 feet high, and
raised with sand bags near three feet more.
Lieutenant Duvall, of the Maryland line, and
Lieutenant Selden, of the Virginia line, led
on the forlorn hope, followed by a party with
hooks to pull down the sand-bags, the better
to enable them to make the lodgement. A
furious cannonade preluded the attack. On
the right the enemy were driven out of their
works and our people took possession of it:
on the left never was greater bravery exhibited
than by the parties led on by Duvall and Sel
den ; but they w^re not so fuccefsful. They
entered the enemy's ditch and made every ex
ertion to get down the sand-bags, which, from
the depth of the ditch, heighth of the parapet
and under a galling fire, was rendered diffi
cult. Finding the enemy defended their works
with great obßinacy, and feeing but little
prefpea of succeeding without heavy loss, I
ordered the attack to be pushed no further.
The behaviour of the troops on this occa
sion deserves the highest commendation ; boto
the officers that entered the ditch were wound
ed, and the greater part of their men were
either killed or wounded. I have only to la
ment that fu&i brave men fell in an unfuc
cefs ful attempt.
Capt. Armstrong, of the firft Maryland re
giment, was killed, and Capt. Benson, who
commanded the regiment, was wounded at
the head of the trenches. In both attacks we
had upwards of 40 men killed and wounded ;
the loss was principally at the Star Fort and in
the enemy's ditch, the other parties being all
under cover. The attack was continued
three quarters of an hour, and as the enemy
was greatly exposed to the fire of the rifle bat
tery and artillery, they mult have fuffered
greatly. Our artillery was well served, and I
believe did great execution.
The troops have undergone incredible hard
ships during the siege, and though the issue
was net fuccefsful, I hope their exertions *JI
merit the approbation of Congress.
We continued the siege until the enemy
got within a few miles of us, having previ
ously sent off all our sick, wounded, and
Spare Stores.
Inclofed is a lift of our killed and wounded
during the Siege."
Return of the killed, wounded and
miffing, during the siege of Ninety,
Six, in South-Carolina.
Non-commissioned officers and rank
and file,
Virginia brigade, Killed 41; woun
ded 33; miffing 16.
Maryland brigade, killed 12 ;-
wounded 24; miffing 3.
Light infantry, killed I; wounded
9; miffing 1.
Legion infantry, killed 2; wound
ed 2.
Virginia militia, killed 1; wound
ed 2.
Total. Killed 57; wounded 70;
miffing 20.
Captain Armstrong of the Mary
land line, killed ; Captain Benfen and
Lieutenant Duvall, wounded.
Captain Bentley of the Virginia line
prisoner; Lieutenants Evans, Miller,
and Selden, woun'ded^
Colonel Kofcuilzko, Chief Engineer
was Lightly wounded,
O. H. WILLIAMS, D. A &
Published by Or^^bC^oreb,
CHARLES