The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1778-09-28 00:00:00, page 2

The following Speech mas made by tie Revd. Mr.
J. J. Zubly, to the Grand Jury of Georgia, on
his Trial for Banishment from that Province.
to the Grand Jury of the County of Chatham,
State of GEORGIA.
Gentlemen,
ON the point of being (unjustly as I conceive)
banned from this country, I think it a debt
to those whom I fliall leave behind, to point out the
very fatal precipice towards which this state is, I
think now verging, and which, in my opinion, mult
loon compleat the Ruin of the State, and of every
individual. I cannotaddrefs myfeff to any one more
properly than to you, who are of the Grand Inquest,
and if things take their pre,fent natural course, will
probably be the last Grand Jury that will have an
opportunity to enquire into grievances, present them
for redress, and judge whether a man ffiall be put to
the painfull solemnity of a tryal.
You must be convinced gentlemen, that no grie
vance can more properly demand the attention of a
Grind Jury, than that which Trikes at the very root
of its exiftance. That nothing can be more injurious
to Freemen in a popular government than to be de
clared SUBJECTS.
That nothing can be more alarming, than the
establishment of a power to take away liberty and
property out of the usual and due course of Law,
by a Power diftin& from and in opposition to the
only legal and constitutional judiciary department.
You mult be convinced, gentlemen, thatif the
constitution, by which a people are to be governed,
may be altered, infringed, or taken away, or a&ed
Contrary against, at the pieafure of those who may
chufe to do so, constitutional government it at an
end.
If we must swear an oath of allegiance to other
fates, who are not by oath bound to support, nor
claim any right over us, the independency of this
fate is at an end.
If a man be taken up without any previous accu
sation upon oath, all liberty is at an end.
If a man may be condemned without any public
tryal, or pretence of violation of a law, all law is
at an end.
If he may be determined against by his known
and profiled enemies, whom he is not allowed to
except against, all abearance of justice is at an end.
If a nl?n cannot preserve liberty and property,
without ttk ng an oath, which cannot be known whe
ther it be true, and in part is known to be falfe, all
decency is at an end.
And in a word, where the constitution is not a
law to rulers, when judges and powers are set up in
manifest opposition to it—where natural justice,
which condemns no man without a crime proved, is
disregarded---where a set of men, not sworn to aft
according to law, and to do justice, are vested with
difcreticnary powers, to harrafs or spare whom they
please, I ask, what conititutioc, what law, what li
berty or property can the people poflibly hope for,
what motive can they have to swear, or what benefit
can they expert from an oath of allegiance? What
great blessing can those, who may be ruled without,
or contrary to law and the constitution, expeft from
their rulers, and what can thafe who rule contrary to
a constitution, from which they derive all theirautho
rity, and from which they have sworn to support,
expert from the People ?
1 submit it, Gentlemen, whether the treatment I
have received comes within any of these cases, but as
the Gentlemen who were called upon before me,
were prisoners on parole, (wlwch it seems are not to
be held facred)[ look upon myfelf as the very firft
victim fingled'out to feel the effi&s of a power which
will greatly afcft every man in this date.
If a ' ; y government in its proper channel may re
quire an oath from the people, I must yet look upon
it as a great stretch of power, that no man shall be
permitted to swear, unlefshe produces two vouchers,
this I conceive equally dishonourable to government,
the vouchers that are to be presented, and the Person
that is to take the oath.
If a government cannot acquiesce in the highest
Assurance they can receive, an oath, it marks very
Strong diffidence, which is usually the efftft of fear,
as that is of Something else.
two Perlons vouch for one, and he is to swear
notwithstanding, it is plainly treating the Vouchers
like men that cannot be credited.
If no man is to be admitted to sweat without
vouchers, it plainly implies a supposition that he
would forfwear himfeif; this I apprehend a most un
generous illiberal prefumprion, (unworthy of a
nuife government, and intolerable to a virtuous people.)
In free governments no person c^n be compelled
to appear before any but the lawful Judge, and in
case of retufal and contempt, may be proceeded against
and outlawed. I have been ordered to appear before
Judges who have no exiftance in our constitution
under the moderate penalty, Mt of being proceeded
against and outlawed, but of ah immediate forfei
ture of my effects, and of being sent to any goal
without bail or mainprize.
When I appeared, I was not indeed required to
take an oath, but had the alternative set before me,
either to take it, or be baniSh.d in forty days---That
I had fotne scruple—and had heard that the commit
tee themselves had altered the oath, availed me no
thing. The chairman told me that if they a&ed
Wrong, they were liable to be called to an account
Uy the assembly, I suppose, Who will not meet till
after I am bani Shed, and so dull have it out of my
power to prefer a complaint.
A power to tender an oath to deprive a man of h^f
hiseftate, and baniSh him from every endearing con
neftion, is lodged in Seven men, without appeal,
without check, without challenge. J verily believe
this date is the only one which hath trusted so few
m^n with so much power---a power which annihilates
Grand Juries altogether and effectually renders
Petty Juries useless. Formerly in a tryal, the issue
of which might not be above ten pounds, we had a
Jury of twelve men, any of whom might be chal
lenged, who must be Freeholders and unanimous in
their verdict. As the matter isuiom mended, every
man's person and half his property lies at the mercy
of Seven men, who need not have any qualification,
need not receive or produce any accufatiop, or hear
any evidence, por judge of the breach of ary law,
but only Swear, that be will judge and determine to
'^ ^^ °' ''" r Knowledge without favour or
aeaion.
Betides the civility of hearing a Short defence
^n h rut interruption, I mutt clothe Committee the
Bodice to acknowledge that they have proceeded
against me more formally, than against the two gen
temen heard before or as far as I know against any
tin were heard after me. They exhibited some
charge, a very enormous one indeed, a paralel to
"Inch, I doubt whether the most experienced lawyer
vill find in any law books new 01 old. The chair
man< by desire, molt gravely and solemnly asked me,
richer, before I went to the Continental Congress as
a Gel, gate, I bad ever feed the Afaiatior. ?' : and
must it not be evident, that a Person, who may not
be asked so important a question, must be a fufpe&ed
person of course, and not deserve to be banished as
an infernal enemy of this State/? You may be in
formed by numbers who were present, that this great
and mighty charge was the sum total of all that was
to be alledged against me.
I offered to swear, that while I enjoyed the pro
teftion of the State, I would in all/hings do my duty
as a faithful Freeman.
Would give no intelligence to, nor take up arms
in aid to the troops of the King of Great-Britain.
And that I had received no letter of protection since
the war.
But all this would not anfiver the purpose.
I have begged to be excused swearing myfelf a
fubjea, till the Assembly had requested whether we
ought to be fubje&s or Freemen.
I have hesitated to take an oath cf Allegiance to
other states, who are bound by no oath to us.
I have refufed to swear that I have received no
protection from the king of Great-Britain, because
every one that knows me, mult know it to be falfe.
And for this I am now to be baniflied, and have
Half my Estate taken from me. By the aft, no
provision is made to transport any that may be
thought enemies, but have no estate or means to
transport themselves, probably because it is found by
experience, that those who have the least to lose, are
always the bed friends to their country.
I will not take up more of your time, but embrace
this seasonable opportunity, Gentlemen of the Grand
Jury, before I am driven out of this Country, to
leave you upon record, that in my opinion, no peo
ple can be more miserable than those who may have
laws made for them without any regard to a Consti
tution, who may be judged without Evidence, or the
tryal by a Jury of their Peers, deprived of liberty
and property without any accusation made or proved
against them, who must submit to their enemies as
their Judges, and to men, who without any disguise,
alter the confttutiom, from which they derive their
authority, and which they have sworn to support as
their rulers.
To be punched for no crime, even pretended to be
committed, always carries a strong appearance of In
justice, but there may be cases in which banishment
may be a greater injustice than hardship.
Savannah; Oftober %tb, 1777.
P. S. I should be glad to know upon what prin
ciple, natural, humane, divine, moral, legal, equi
table or confeientious any jury upon oath, or an im
partial Barbarian, could possibly condemn a Man as
an internal Enemy, against whom no crime has been
alledged, whole veracity is not disputed, and who
offers solemnly to swear not to give any Intelligence
to, nor take up arms to assist an enemy, and in all
things to do his duty as a good and faithful feeman
of the state.
In CONGRESS, Augut t 17, 1778.
The Committee to whom was referred a letter
from Gen. Washington of the 28th cf July last, re
fpefting Major-General Putnam, and the report of
the court of inquiry, on the fubjeft of the polls in
the Highlands, on Hudson's River, taken last year,
which was transmitted Congress; report, that, upon
a careful examination of the facts dated by the court
of inquiry and confederation of the evidence taken
and transmitted, it appears, that those posts were
loft not from any fault, mifeonduft, or negligence
ofthe commanding officers, but solely through the
want of an adequate force under their command to
maintain and defend them.
Resolved, That Congress agree to said report.
Extract from the Minutes.
Charles Thompson, Sec'ry.
In CONGRESS, September 4, 1775.
Whereas Congress did, on the Bth day of January
1778, Resolve, " That the embarkation of Lieute
nant General Burgoyne, and the troops under his
command, be suspended till a dissing and explicit ra
tification of the Convention cf Saratoga fhali be pro
perly notified by the Court of Great-Britain to Con
gress.
Resolved, That no ratification of the Convention
of Saratoga, which may be tendered in consequence
of powers which may reach that case by conftruftion
and implication, or which may fubje& whatever is
tranfafted relative to it to the future approbation or
difapp? obation of the Parliament of Great-Britain,
can be accepted by Congiefs.
Publiflied by order of Congress,
CHARLES THOMPSON, Sec.
PHILADELPHIA, September 15.
We are authorifed to assure the public, that Ge
neral Mifflin, has not obtained the smallest fatisfac
tion from Congress, in consequence of his applicati
ons to them for a public hearing, and for a settlement
of his accounts.
The General is much distressed by the neceflity he
finds himfelf under of making an appeal to the public.
But the cruel, and as he believes, the unjullifiable
attack against his chara&er, calls loudly for a serious
and candid explanation, of several important events
last winter.---This will be done in a Ihort time by the
General.
We are also authorifed to fay, that several of the
General's Affittants, whefe accounts are made up
and ready for a settlement, are sued and threatened
with actions at law, for debts due from the public,
which thev have not public cash to difeharge.
TRENTON, Sept. 16.
About a fortnight since was brought into
Egg-harbour, a schooner from Jamaica, bound
to New-York laden with spirit. Also a Rhobn
er from Nantz, taken by a British cruizer,
and retaken by an American privateer.
A brigantine directly from London bound
to New-York, with a very valuable cargo on
board, was brought into said port about the
fametime.
Tuesday the 13th of October next is the
day fixed by the constitution, for holding the
annual election in the several counties of this
State, for chafing members of the Legisla
ture.
It was reported yesterday by a gentleman'
from camp, that the enemy had embarked all
their heavy cannon, baggage, &c. on board
their transports withdrawn all the guards
from their cut-posts—and that parties of our
army had been a considerable difiance below
Kingfbridge.
Sept. 23. We can assure the public, that the
Congress have ordered one million of dollars,
to enable Gen. Mifflin to difeharge the debts
due from the Quarter-maker's department be
fore the second of March last; and that, as
soon as the money is ready, persons are ap
pointed who will advertise the times and places
of meeting the inhabitants, t@ difeharge their
accounts
^rttn th New-London Canell?, teptemhr 1£
BOSTON, Aug. 17.
Friday last arrived in a fafe port, a prize
brig taken by the Mats. She was from Scot
land, bound to'Halifax, andfaden with wine,
porter, cheese, &c.
By Capt. Payne, in 9 days from South-Ca
rolina, we learn, that the late storm (or rather
hurricane) was so severe there, that upwards
of 20 fail of vessels were drove ashore, and
funk at the wharves.
September 10.
tall Saturday, about 40 fail of Britiffi men
of war and transports appeared off Bedford,
at fix o'clock they landed about 4000 Biitifh
troops, &c. under the command of General
Gray, and then began their hellish work, of
burning the rope-walks, 12 houses, in the
the lower street, and all the store houses and
the principal part of the Dipping in the har
bour. Also burnt all the dwelling houses and
shipping at M'Pherfon's wharf, and the prin
cipal part of the houses at the head of the ri
ver, and the mills. And burnt two or three
houses on the road on the east fide toward Fair
haven, and a number of shipping. The ene
my embarked on Sunday, and Monday night
re-landed a party to burn some vessels and
stores at Fair-haven, but were prevented. The
fleet remained at the harbour's mouth on Tues-ti
day last. They killed Abraham Ruffcl and a
boy, wounded one Cook, Lieutenant Mitchel,
mortally wounded.
Saturday last arrived at an eastern port, a
prize brigantine bound to Quebec, having on
board 180 pipes of wine, and 200 calks of
beef, pork and butter, besides other articles.
She was taken, it is said, by the Montgome
ry privateer, from Salem.
Lately arrived at an eastern port, a prize
brigantine of 160 tons, from Britain, but last
from Madeira, bound to New-York, a very
valuable prize, laden with wines, tea, and
provisions of various kinds. She was captured
by the Black Prince, a privateer ship of 20
guns, fitted out at Salem.
~NEW-LON DON, Sept. it.
Last Tuesday the schooner Little Joe, Capt.
Giles Latham, arrived here in 15 days from
Fort Dauphin, in Hispaniola; he brings an
account that war was declared in France a
gainlt England about the 28th of June; that
a frigate failed from France for the Weft-In
dies with a copy of the declaration, but a few
days after she met an English frigate, which
after an obstinate engagement ihe took, but
was so much disabled as to be obliged to put
into Brest ; on which the Concord, another
frigate of 26 guns, immediately failed with
the declaration, and on her passage off Monto
Christi, she fell in with and took the Minerva,
an English frigate of 24 guns, after an en
gagement of three hours, and brought her
into the Cape ; that war was declared in the
Cape on the 2zd of August. Capt. Latham
failed with a fleet, under convoy, and was
joined by a brig from the Cape, bound to Bos
ton, the Captain cf which confirmed this ac
count.
The day Capt. Latham arrived here, he was
chafed by a ship, two brigs and a schooner,
within Montaux, and was near being taken.
Since the late alarm at this place, two regi
ments of militia are ordered here for the fafe
ty of the town and harbour, part of which
have arrived.
Two brigades from General Washington's
army are on their march to Boston or Rhode-
Island.
NEW-HAVEN, Sept. 9.
Monday fe'nnight, about 40 of our troops
were drawn into an ambufeade by the enemy,
near Fortindependence, and taken or killed;
20 of whom were Indians. Among the Hain
is an Indian of note.
We hear, that two or three British frigates
are cruizing in the east part of the Sound, and
that a day or two ago, they chafed ashore near
Say-Brook, a small vessel, laden with flour.
Capt. Allan, in the ship Putnam, has cap
tured and sent into Marblehead, a letter cf
marque brig; she was from England, bound
to Halifax, with a cargo of salt, duck, &c.
Several prizes, some of them valuable, have
lately been taken, and sent into Boston ports.
pA^*! ^^wCT’wwwwrarowfljraCTx V4WCTWOW&#
A RACE HORSE,
1710 be fold, (the property of a gentleman leaving
this place) a blooded mare, four years old, promfes
to be the firft racer in America, walks and trots (it is pre
sumed) fafter than any horse or mare ever bred in this
country : Site is full fifteen hands high, remarkably gen
tle and easy in all her paces. Any person that delights
in the d^verfion of the turf, may have an opportunity of
being suited in a most com pleat manner, by applying to
Mr. Tongue, broker and auctioneer, two doors from
Wail-ftrcet, in Hanover-Square, who has the disposing
cf her. That although the present owner could pledge
himfelf for the truth of this advertisement, he would
wish lie felling price to be fixed after a fair tryal by the
p'urchafer, or a proper judge, if he is a man of integrity
and honour, otherwise hr price is forty guinea,.
reL, (The SHIP)
MONTGOMERY,
J° hn Hunter, Maker,
H AS on board three quarters of
h er cargo, and will fail with
the firft convoy. For freight or passage apply to
Thomas Buchannan and Co. at their store in Queen
ftreet, No. 212.
For LIVERPOOL?
With the firft convoy,
^^ The ship T ° M>
Letter of Marque,
John Lee, Matter;
BURTHEN 300 tons, mounting twelve fix pound
ers, four cohorns, and ten swivels, with men an
swerable, having one half of her cargo engaged : For
freight apply to B;njamiu Sykes, or James Langtop,
By PERMISSION
Of Major-General VALENTINE JONES,
Commindint of the city of New-York, &c.
A LOTTERY, of which the following is a
SCHEM E,
IS now setting on foot for the purpose of raising the fora
of £.)080, to be applied towards the support of the
poor ot this city, &c.
Prized Dollars. Dollars.
I of 1000 is 1000
4 s®o 1000
6 200 1200
tg 100 1500
40 §O 2000
110 20 2100
265 io 2650
J 375 6 6 45°
1514 Prizes,
4486 Blanks,
6000 Tickets, at three dollarrs each, are 18,00 b
Subject to a deduAion of 15 per cent.
The neceflity of a fund for the use of the poor must be
obvious to every man ; but as a permanent support cannot:
at present be obtained, this mode of procuring a tempo
rary supply will doubtless meet the approbation of every
benevolent mind; it is presumed therefore, as encou
ragement will be the natural effect of that approbation,
that the managers will speedily be enabled to commence
drawing.
Tickets are to be bad of Capt. Vincent P. Affifield,
No. 497, Sraith-ftreet; William [Laight, No. 190,
Qoeen-ftreet ; and of David Grim, No. 439, William
ftreet, and of the several printers. The profits ariftng
from this lottery will be paid to the treasurer of the over
seers of the poor. To be drawn as soon as full.
ITUG NX
Has lately imported from London, an assortment of
Books and Stationary,
Amongst which the following may be had at his ftorc
in Hanover-Square.
History, &c.
COMMON prayers of
different fixes, witi
the new version of psalms
and companion to the al
tar,
Lewis's catechism,
Bailey's dictionary,
fylmon's grammar and ga
zetteer,
Martin's gazetteer,
Refl^aions on America,
Chefterfield's miscellanies, a
most elegant edition in 2
vols. qto.
Savages's works,
Miss Temple,
Afh's sentiments,
Mis. Savage's poems,
Repository, 3 vols.
Journey to Paris,
Philario and Clementina,
Moral dialogues,_
Life of Petrarch, In 2 vols.
Spelman's Xenophon,
Ferber's travels through
Italy in the years 1770,
and 1772,
Rowley's poems,
Strictures on military difei
pline in a series of letters
with a military difecurfe,
in which is interspersed
fomeaccount of the Scotch
brigade in the Dutch ser
vice,
Stephen's principals of the
chriftian religion compa
red with those of all the
other religions,
Beauties of biography, con
taining the lives of the
most illustrious person:
who have flourished in G.
Britain, France, Italy and
all olher parts cf Europe.
Fordyce's address to young
men,
Livesof the poets, inqivols.
Pope's works,
Spectacle de la nature,
Josephus, in 4 vols.
Cockinan's Tully translates
into English,
Female fpe&ator,
Adventurer. |Ryan's sugar plumbs.
*f* Very neat Pocket Pistols from Two Gui
neas and a half to Five Guineas; excellent Spy Glas
ses and Telescopes.'
" To-be sold by'
THOMAS MACHANESS,
The corner of Fair-freet, oppose St. Paul's
Church, in the Broadway,
SUPERFINE flour, Yorkshire hams, ox tongues.
Cheshire and double Gloucester cheese, split
peafe, loaf sugar, butter, pepper, mens and wo
mens ihoes, gloves, and mitts, fine hyfon tea, with
a varietyof Irish linens, woolens, ribbons, gauzes,
sewing silks, and check, imported from London, in
the Pennsylvania Packet, Capt. Hawthorn.
"JAMI S STE WA~RTF'
Has for sale at his fore No. 955, opposite Mr.
Rhinelander's china store, at Burling's Slib, the
TAKEN up, about a week since, a stray MARE.
The owner thereof may have her again, proving
his property and paying charges, by applying to Law
rence Lowe, living at Bloomingdale.
AS the partnerfllip of Logan, Gilmour, and
Co. late of Norfolk, in Virginia, expired in
the year 1775, notice thereof is hereby given.
ROBERT GILMOUR.
For Newry and Glasgow,
The Ship Hero,
J^^^lX JAMES MILLER, Mafler;
AS two-thirds of her cargo
^^”*^^|a ready to put on board, and
w '" "" ' n '* weeks, if the em
bargo is taken off and convoy of
fers. For freighter passage apply to William and Robert
Pagan, or said mafttr,
following articles, by i
FINE yard wide Irish
linens,
A few pieces elegant chint
zes and cottons,
6 4 and 7 4 blankets,
Blue and red duffles,
Red and yellow Welsh
flannels,
Mixt coatings,
White, green, and red baizr
Mens knit ribbed and phi:
worsted flockings,
Sail duck No. 5 to 8.
Clafficks.
Cole's dictionary,
Schrevelius's lexicon,
Greek grammar,
Latin testament,
Eutropius,
SeleCte vetre,
Selene profanity
Clarke's introduction,
Erasmus and Corderi,
Took's pantheon.
Children's Books;
Giles ginberbread,
Tom Thumb's folio,
London cries,
Lilliputian auction,
Stationary, &c.'
Imperial paper for draughts,
Royal and medium ditto,
Demy and post ditto,
Gilt ditto for letters,
Plain ditto for letters,
Ledgers, journals,
Day books, receipt ditto,
Memorandum ditto,
Orderly ditto for gentlemen
of the army,
Best office quills and peng.
Sealing wax, wafers,
Best English parchment,
Parchment prickers,
I Fountain pens,
iPruning knives,
Penknives and feifirq
Pocket inkholders,
:Ivory letter folders,
Best black lead pencils with
silver cases,
Pounce and pounce boxes,
Letter files for counting
houses,
Playing cards,
Red tape for dying papers,
Leather fnuff boxes,
Tobacco ditto,
Best razors,
Strops and hones,
, Gun screws and hammers,
Powder flafks, shot pouches,
Burning and reading glasses,
Men for backgammon tables
Excellent tooth powder,
Anderfcn's pills,
Keyfer's pills,
nvbolefale,
By RETAIL'.
Excellent red port in bottles
by the dozen or calk,
Fine byfon and bohea tea,
Single refined sugar,
Mufcovado ditto, coffee,
Vest India rum,
Jamaica fpirite,
Hollands geneva in cases,
And a few dozen of sherry
and Teneiiffe wineas