The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1778-11-23 00:00:00, page 2

F. cm the Pennsylvania. Packet, Okie. 34, 177"°
For the Pennsylvania Packet.
A DIALOGUE between aFARMER and
Citizen.
Farmer. „RAY Sir what do yen think of
£ Hampden.
Citizen. I think him a candid sensible wri
ter, and a friend to the liberties and happiness
cf Pcnnfylvania.
Far. The people in our neighbourhood
think very diTcrendy of him ; they openly
chim a tory.
; 7 It is the dale device of party rage in
v Ltare to destroy the character and inHu
of every man who dares to oppose popu
errors, or to point out the faults of our
rule's, erraife the cry of tory against him. I
am well acquainted with Hampden, and can
allure your that he was one of the firft in our
Hate who employed his Pen and drew his fivord
in defence of the freedom cf this country.
There is not in my opinion a firmer fiend to
;w liberties and independence cf America on
the continent.
Far. But pray, Sir, can you approve of
Hampden's attempt to open the door for peo
ple to vote at elections who have taken the
oath cf allegiance to the State Since the firft
of June.
Cit. Yes, I approve of it, and think Hamp
den has proved that no power can deprive
any man who has taken the oath of allegi
'ance since the firft of June, of that privilege
confident with the principles of equity and
the constitution. The law which called upon
ever) man to take the oath of allegiance before
the firft of June, had but a partial circulation
Owing to the difficulty of procuring newspa
pers, and the Slender intercourfc the inhabi
tants of the State had with each other while
the enemy were in Philadelphia. I know a
hundred good whigs in the neighbourhood of
Philadelphia, who never heard of the oath till'
after the enemy evacuated the city.
Far. But would you admit performs who are
known to be'difafFe&ed to vote at an election ?
Cit. Nature and the ednftitution admit every
man toth&c privilege who by an oath of alle
giance at any time, difeovers his attachment to
the State. From the returns of the number
cf voters at the lag election it appears, that
not more than a fourth part of the persons
qualified to vote by the constitution, have
taken the oath before the firft of June. Now
is it possible or just that this Small body could
rule a majority of this ffate ? Free govern
ments have their foundation in the hearts of
a people, and can only be supported by the
confers cf a majority of them. Even defpo
cc princes could not rule with the aid of a
military force, unless a majority of their fub
jedts were Satisfied with Slavery. Good laws
map be made, and even good men may be
rip luted to execute them in our State, but
it ; not in the wisdom or power of man to give
nhun efficacy or operation, unless a majority
of the people consent to submit to them.
Far. But would you have a man to vote
who has never done any thing towards the
cefence of the State?
Cit. Many of the inhabitants of the State
>unfed to turn out in its defence from a diffa-
Tsfa&ion with the constitution, anu many
more from a diffatisfaclion with the militia
I w. Far be it from me to juftify cither of
them. But I beg leave to alk, whether the
.militia man who carries amufquet, is the only
man woo contributes to the defence of his -
And wherers, we ire fatisfid, ns well by the re
p Mentation of the Merchants and Traders cf tins
city, as by our own observation and euqui ^, mat
thedelays, difficulties, and uncertainties attending
he importation to this place and to Rhode-Bland,
from dillant ports, of sundry nectff.ity articles of
ftr.es and pc.ifiors, aife, in feme degree, from
certain retrain:s preferred in the sud prohibitory act
and Lundh pretences to monop dips, not only 10
raise the prices, but wimpede cue fair circulation of
such litres and provisions, and thereby to dittos the
inhabitants..
We therefore, in order to encourage the irnporta 4
''oll of (fores rod provifioris for the use cf this .city
and cfßhode-Ifland, and to ieflbn in feme degree the
delrs, difficulties, and uncertainties above men
tioned fee convenient to fufyend, and do hereby
frfpind so much of the afoieiaid-aa of Parliament,
made and puffed in the sixteenth year of his Ma
jesty's te'gn, for prohibiting all trade and intercourse
with certain colonies therein named, as directs toe
importation of dores and provisions from the difflu
ent' ports of his Majesty's dominions to the ports of
Ne LVerk, and. Newport in Rhode-Idmd for his
Maj.tty's use and for the ufeof the mk.biunts of the
fid places, to he by licences in writing in the man
ner Qefcribed in the laid a&.
In cuorequence of this lutyenfion all vefFlscariy
ing such Store- and provifior.s(as might have been im
ported into the port of New-York and Newport in
RhodTlfhnd by the aforefaid licences, and having
obtained legal clearances from any por, in his Ma
jesty's dominions, specifying the quantity and quality
of the stores and provisions on board, may proceed to
thefts .of N^-Yo* a ° d Newport in Rhode-bland
and there huing the continuance of ihisProchmauon,
deliver tteircaffe for his Majesty's use or so the use
ofjhe inhabitants of this place and of Rhode liland,
in'fuch maimer s/'d the fid piphibitory a& had not
been made, faljA only to the temporary regulations
cf the-f.il ports.
And we further, declare that this fufyenfum shall
continue and be in force till theEirft day of June
nW enduing.
And puifuint to his Majeft/s Commiffton, we
hereby call u,m al! officers civil and military, and
all others' his Majefty's,loving fubje&s to be aiding
and affixing unto us in the execuGori of this our Pio
clarrrcfm and of all matters therein contained.
GiveS Sinjer our hands and Seals in New-York,
iS'th November 1778;
CARLISLE (L.S.)
11. CLINTON (L.S.)
WILLIAM EDEN (L.S.)
By their Excellency's Command,
Adam Ferguson, Secretary.
country? The men who Staid at home paid
taxes in common with those who fought.
They added to the wealth-of our country by
their trades, or by agriculture, and thus ena
bled us to carry on the war; moreover they
were compelled to pay substitute money, and
that in such a proportion as to be judged equal
by the legislature to personal Service. The
commutation in this case being accepted, re
stores the delinquent to all the privileges of
citizenship.
Far. You reafonjuftly—But is it not ne
ceffafy to keep the doors of election flint
against all who have not taken the oathof alle
giance before theist of June, in order to sup
port the Whig intereff.
C ; t. I fay, perilh every interest that requires
injufiice or tyranny ,to support it. But 1 am
far from thinking the support of the whig in
terest requires this measure, fuppohng it to be
ajuft one. A majority of the counties are
whigs, and 1 believe that good laws, and wife
rulers would unite four fifths of the Sta'e in
whiggifh principles. The people of Pennsyl
vania do not want virtue nor common sense,
and if they have difeovered but little of both
during the present ^? r , I believe it has not
proceeded so much fiora a want of either, as
from the indiscretion of the friends and ene
mies of the present government, for a govern
ment you know is the vehicle of the virtue and
wisdom a people and the only inft^ument with
which a war can be maintained in any country.
A man might as well attempt to use a mufquet
without hands, as a people attempt to oppose
an enemy without confidence and union in
their government. But there are other consi
derations which Should have their weight in
this place. Remember, Sir, that every man
who you debar from voting for his rulers, is
to all intents and purposes a Jia ve. He is'gb
verned (as the British Parliament attempted to
govern America) without being reprejecoed.
Banishment and death in my opinion are to be
preferred to submission to a law which thus
degrades freemen into flayes. Slavery is the
greatest of all evils, and the moment it ceases
to be viewed in that light, a people will cease
to be free. Now do &e not confound all crimes,
when we infiid this greatest of all punish
ments upon our countrymen for a mere a& of
ne k l ; geuce, forgetfulnefi, or timidity, which
ought to be inflicted only upon the greatest of
all possible crimes ? But further —-think of the
consequences of reducing 40,000 men to Sla
very, in a date confining of only 60,000 men.
Hear what Mbntefquieu, one of the wisest
men in the world, fays upon the fubjeft, " In
" moderate States it is a point of the highest
" importance, that there Should not be a great
“ number of Slaves. The political liberty
" of those States, adds to the value of civil
" liberty, and he who is deprived of the lat'
" ter, is also deprived of the former. He'
" fees the happiness of a Society of which he
" h not so mucl\ as a member. He fees the
" Security of others fenced by laws, himfelf
" withouta proteadr. He fees his niafter has
"a foul that can enlarge itfelf, while his own
" is conftrfred to submit to continual de
" predion. Nothing more assimilates a man
" to a Braft, than living among freemen,
" himfelf a Slave. Such people as tlrfe are
" the natural enemies of the society, and
" their member mull be dangerous." —Yes the
people in our Slate who are precluded from
voting, already swell with resentment against
those who have degraded them into beads of
burden. They are, and mud be the enemies
iof the State, and I appeal to every man's rea
son, whether our date can long preserve its
freedom and independence with such a body
of Slaves and enemies in its bosom. Suppose
this State Should again be invaded,---are the
electors fufficiently numerous to defend it ?—
No—butyou will fay perhaps we will compel
the non-ele^ors to turn out. This will be im
possible. What will they fight for ?—They
have no liberty—they can receive no accessions
of property, nor can they bequeath the fruits
of their indudry to their children—what man
can fight—or what man is to be trusted under
these circumstances ?—miferable Situation ?—
unhappy deluded fttate! Who are about to
destroy thyfelf by a species of political silicide!
Indead of illiberal British policy, let us pray
our new assembly at their firft session to open
the doors of freedom to all who are willing to
enter into them, and that no men may be
excluded the privileges of citizenship, but
those who still refufe to take the oath of allegi
ance to the State.
^^^h^a^^^
EXTRACT from the Trial of Major-General
LEE.
Major General Lord Stirling, President.
Brigadier-Generals, Smallwood, Poor, Wood
ford and Huntington. Colonels. Irvine,
Shepherd, Swift, Wigglefworth, Angel,
Clarke, Williams, Febiger, Members.
JOHNN LAWRENCE, Judge Advocate.
Brunfwic&, July 4, ,778.
THE Judge Advocate produces the
General's orders, (Washington) for
the court to fit. The President,
Members, and Judge Advocate, being fworo,
the Judge Advocate prosecuting in the name
of the United States of America, the Court
proceed to the trial of Major-General Lee,
who appears before the Court, and the fol
lowing charges are exhibited against him:
First, For disobedience of orders, in not at
tacking the enemy on the 28th of June, agree
able to repeated inftruaiousi Secondly, For
misbehaviour before the enemy on the fame
day, by making an unnecessary, disorderly, and
Jhamful retreat. Thirdly, For difrefped to
the Commander in Chief in two letters, dated
theist of July, and the 28th of June.
Major-General Lee pleads, not guilty.
I am, Sir, and I hopeever Shall have reafop
to continue, yo.ur.moll Sincerely,devoted hum
ble Servant, CHARLES LEE.
His Excellency Gen. Washington.
(The letters on which the third charge h
founded, are as follow : ]
Camp, Enghih-Town, iff July, 1775.
SIR,
I-^ R O M the knowledge I have of your
4 Excellency's chara&r, I mud con
clude, that nothing but the mifinfor
mation of fame very dupidor misrepresentati
on of some very wicked person, could have oc
cafroned your making use of So very Singular
expressions as you did, on my coming up to_
the ground where you had taken poll; i^%
implied, that 1 was guilty either of difobeVi^
ence of orders, of wantof conduct, or want of
courages Your Excellency will therefore infi
nitely oblige me, by letting me know-on
which of these three articles you ground your
charge, that I may prepare for my juftificati
on, which I have the happiness to be confi
dent, I can do to the army, to thb Congress,
to America, rind to th§ world in general.
Your Excellency mud give me leave to observe,
that neither yourlelS nor those about your per
son, could, from your fituatii ri, be in the
lead judges of the merits or demerits of our
manoeuvres, and, to Speak with a becoming
pride, I can assert, that to these manoeuvres,
the success of.the day was entirely owing, I
can baldly fay, that had we remained on the
firft ground, or had we advanced, or had the
retreat been coridaaed in a manner different
from what it was,, this whole army and the
interests of America would have rifled being
faciificed. I ever had, (and 1 hope ever shall
have) the greatest refoe^ and veneration for
General Washington, I think him endued with
man* great and good qualities, but in this
inftar.ee, 1 mull pronounce, that he has been
guilty 'of an act of cruel injustice, towards a
man, who certainly has feme pretentions to
the regard of every Servant of this country ;
and, i think, Sir, I have aright to demand
some reparation tor the injury committed;
and unless 1 can obtain it, 1 must in justice to
myfelf, .when the campaign is closed, (which
I believe will elofe the war) retire from a ser
vice, at the head of which is placed a man,
capable ofefrering such injuries; but, at the
fame time, in justice toyou 1 must repeat, that
I, from my foul believe, that it was not a mo
tion of your ownQreall, but instigated by Some
of those dirty Earwigs, who will forever insi
nuate themselves near persons in high office ;
for I am realy convinced that, when General
Washington acts from himfelf, no man in his
army will have realon to cujpplain of injustice
or indecorum.
The Cour^ met by several adjournments till
the 12th of August.
The Court having considered the firft charge
a^ainft Major-General Lee, the evidence and
his defence, are of opinion that he is guilty
of disobedience of orders, in not attacking the
enemy on the 28th June, agreeable to repeated
inftrudtions; being a breach of the latter part
of Art. 5, %£. 2 4 of the, Article of War,
Sir, Camp, June 28, 1778.
I Beg your Excellency's pardon for the in
accuracy in mil-dating my letter. You
cannot afford me greater pleasure than
in giving me the opportunity of Shewing to
America the fufficiency of her refpeftive Ser
vants. I trust that the temporary power of
office, and the tinsel dignity attending it, will
not be able, by all the mills they can raise, to
offufeate the bright rays of truth: In the
mean time your Excellency can have no ob
jection to my retiring from the army.
I am, Sir, your moll obedient
humble Servant,
CHARLES LEE.
General Washington,
Sir, Camp, June 30, 1778>
SINCE I had the honour of addressing my
letter by Col. Fitzgerald to your Excel
lency, I have reflected on both your Situation
and mine, and beg leave to observe, that it
will be for our mutual convenience, that a
Court of Inquiry Should be immediately order
ed; but I could wish it might be a Court-
Martial; for if the affair is drawn into length,
it may be difficult to colled the necessary evi
dences, and perhaps might bring on a paper
war betwixt the adherents to both parties,
which may occasion some disagreeable feuds
on the continent, for all are not my friends
nor your admirers. I mart intreat therefore,
from your love of justice, that you will imme
diately exhibit your charge, and that on the
firft halt, I may be brought to a trial. I am,
Sir, your most obedient humble Servant,
CHARLES LEE.
Head-quarters, ExgliJb To^n, 'June 28, 1778.
S ir,
IRECIHVED your letter (dated through
mistake the firft of July) expreged, as I con
ceive, in terms highly improper. 1 am not con
feious of having made use of any very Singular
expressions at the time of my meeting you,
as you intimate. What I recollect to have
said, was dictated by duty, and warranted by
the occafibn. As soon as circumstances will
permit, you Shall have an opportunity either
of justifying yourfelf to the army, to Congress,
to America, and to the world in general; or
of convincing them that you are guilty of a
breach of orders, and of misbehaviour before
the enemy on the 28th inst. in no; attacking
them as you had been directed, ajrd in making
an unnecessary, disorderly and Shameful re
treat.
I am, Sir, your most obedient Servant,
GEORGE WASHINGTON.
Major General Lee.
His Excellency General Washington.
To be SOLD by
WILLIAM BURTON,
In Wacer-lircet, between the Coffee-houfe and Old-flip
bridge, the following articles, viz.
Madeira, ) g
Red port, (
Sherry, and (^
Malaga'
Hyfon, l
Green, ( T
Sufhong and L
Bohea J
Single and double refined
sugar,
ro wn and mufeovado sugar,
Sun and jar raisins,
Prunes, currants, almonds,
Preferv'd ginger, citron and
limes,
Jelly, green citron,
Tamarinds,
White wine vinegar,
Pepper and allspice,
Ground ginger,
Florence oil,
India soy,
Ketchup, anchovies,
The Court having c^fidered tie fethrid
charge against Major-General Le p , the evi
dence and his defence, are of opinion, he i^
guilty of misbehaviour before the enemy ori
the 28th of June, by making an unneceShryf
arid in Some few indances, a disorderly re=
treat, being a breach of the 13th Art. of the
13th Sec. of the Articles of War.
The Court having considered the third
charge against Major-General Lee, aid of
opinion, that he is guilty of cifrefpeft to thd
Commander in Chief in two letters, dated
ift July, and 28th June; being a breach bf
the 2d Art. 2d. Sec. of the Articles of War.
The Court do Sentence Major-General Lee
to be suspended from any command in th^
Armies of the United States of North-Ame
rica, for the term of twelve months.
STIRLING.
M. G. and Presidents
The Court adjourned without day.
TO BE SO L D,
A Neat BOAT, fit for a viffel, Bermuda builfy
red cedar, timbered and planked, I'7 feet from*
(fern to ffern, about 6 feet wide; Euquite of Gil
bert Ash, at No. 4.35, near Mr. Grim's tavern,
in William-ffreet.
'g HE PRIZE-MONEY advcitifed for payment
A to his Majesty's late Grip the Otter, on ThufO
day,art, will be paid on Tuesday next theaflh cur
rent, on board his Mj~^v's ffiiu Ardent.
' JAMES GILCHRIST.
Public Notice .is hereby given,
# 7' HAT Friday the 27th of this present month,
g November, ,is appointed for payment to the
company of his Mailly's flsip Roebuck, their seve
ral and rdpt&ve Shares of a proper proportion of
the net proceeds of the Sloop Betsey, captured on the
20:h of Oftobtr; 1778, by the said Ship, under the
command of Andrew S. Hammond, Esq; in com
pany with his Majerty's Ships Galatea and. Cammil
la, and privateer schooner Hammond, condemned
as lawful prize by the Court of Vice Admiralty for
the province of New-York, on which day such pay
ments wiUbe niade by the fubferiber, agent to said
captors, and who resides in the city of New-York-
SAMUEL KEMBLE
W A NTE D,
T'WO hundred barrels of the best pine knot
COALS. For further particulars, apply to
Hugh Gaine.
'A "sir^
q,AKEN up at Corliiars-Hook, a blackHoßsA
£ about >4 hands high, has a Itar in his fore
head, and a white flip on the left fide of his nose, his
hind legs white, has Several fiddle marks. Tho
owner is defined to pay^ the colt and charges, and
take him away; he is about 7 yeark old.
S^SKINNER.
ANY person that has loft a bolt of OZENBRIGS,.
may have it again, proving their property, and
paying charges, by applying to JOHN NOBLET, living
near the Brick Meeting.
- T~O" TTITTT) 17TTTTY '
MITCHELL & TAILYOUR,
At Mr. Miles Sherbrooke's Warebonfe in Duke flreef^
bead of Mill-freet, and No. 33, Maiden-Lane, b,
the piece or package, for cafb or bills of exchange^
an assortment of GOODS, among aubteb are tb&
following, viz.
COARSE broad-cloth,
Hunters ditto,
Twill'd duffils,
Beartkin and beaver coat
ings, r
German fer^es, Walloons
and trimmings,
8 and 9 quilters blue and
green yarn rugs,
White, blue, green and
spotted nap and plain
cottons,
Blanketing, plaiding,
lindfey, and bed cover
lids,
Worked Stockings, yarn
ditto, mitts and breech
es patterns,
A considerable assortment
of cutlery and hard
ware,
Nail^ and spikes of all
kinds,
A few packages Queen's
ware,
Cloaks and cardinals,
plain and furr'd,
Blue, green, and crimson
Cninefe tammies,
Figured Stuffs, durants
and morea gowns,
S T O L -£ N,
FROM the General's form, a pair , of purple striped
trowfers, with a SILVER WATCH taken
therewith, Maker's Name Roc/ ~ F , c fcot, No. 40, the
inside case cracked,and a Cop, er^ j@n. Whoever will
difeover the Thief, fhali have I four Dollars Reward
bringing it to the Printer.
An Excellent Sat ,dle Horse,'
LATE the Property of ( ol sheriff, to be fold at
private Sale. For fart ^Particulars, coqwirt ^
flick's Taryn, in ths Bj^ — v
, 7-8, and 4-4 Irish linens,
5-/,, and 9-8 ditto Sheets
^g.
Bed ticks, and ffriped hol-,
lands,
, Printed linens and cottons
Cotton handkerchiefs,
White, brown, and mar
led thread Stockings,
Felt, caftor and beaver
hats,
Common military, and
fine (hoes and pumps,
Womens leather and ca
limanco Shoes and
pumps,
Long lawns, table cloths,
Drawboys, and dimity,
Ribbons, sewing silk,
tapes, laces and garters^
Brown hitching and nuns
thread,
Pins, needles, fpe&acles,,
and looking-glades,
Writing paper,
Blank books,
Quills, wafers,
Bibles, prayer books, and
other stationary ware,
English canvas, &c.
Spanish and French olives,
Pickles of various kinds,
Mustard, cheese,
Pearl and common barley,
Rice, soap, flarch,
Hair powder,
Powder and fig blue,
Spermaceti and tailow can
dles,
Rap'pee,.
Scotch Chuff in bladders and
bottles,
Pigtail and faffron tobacco,.
Balket fait,
Cinnamon,
Nutmegs, mart,, cloves.
Sago, fugarcatay,
Chocolate,
Black ball ar.d sh ,e biuffi%
Vorkfhire hhms,
Split peafy,
Porter and ftrr A ^ beer,
Corks, &r .&,c.