The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1778-03-09 00:00:00, page 2

directed immediately to order a number of the
enemy's officers, fls nearly equal in rank and
condition of life as possible, to the persons so
confined without cause, forthwith to be im
prisoned, subsisted and treated in the fame
manner as the persons above alluded to are
imprisoned, subsisted and treated And that
he be informed that it is the expectation and
express order of Congress, that this mode of
treatment in general be continued, changed,
or suspended, as the conduce of the enemy,
with r.efped to the American prisoners, shall
from time to time render just and necessary,
without waiting for any special order from
Congress for such purpose.
That the Commissary-general of prisoners
and his refpe&ive deputies, be forthwith di
rtted to call in all the officers and privates
belonging to the enemy, and to confine them
in Inch places, and order them to be subsisted
.and treated in such manner as shall render the
situation similar, in all refolds, to that of the
officers and privates who are prisoners with the
enemy ; and that they continue this mode of
treatment, till such time as a change of con
dud, on the part of the enemy, shall induce
Congress, or the commander in chief of the
army of these dates, to give directions for a
different line of conduct on their part.
That it be recommended to the government
of the refoedive dates, where prisoners of war
are confined, to give every assistance in their
power to the Commissary-general of prisoners
or his deputies, byputting them in possession
of goals or other proper buildings, and by
furnifhing them with guards, in order to ena
ble them to execute the foregoing resolution."
In CONGRESB, January 2, 1777.
Congress having no further occasion for the
service of kjek Hopkins, Esq; who on the zzd
December, 1775, was appointed Commander
in Chief of the Fleet fitted out by the Naval
Committee. Resolved. That the said Efek
Hopkins, Esq; be dismissed from the service of
the United States.
Extras from the Minutes,
CHARLES THOMPSON, Sec'ry.
CONGRESS, January 8, 1778.
E committee to whem the letter that pafcd
Ji between General Heath and General Bur
goyne, and the letter from G neral Burgoyne to Ge
neral Gates, were committed to, brought in a report,
which wa taken into confederation, and agreed to as
foil iws...
That they have considered with mature attention
the convention entered into at Saratoga, between
Major General Gates, and Lieutenant General Bur
goyne in Oaober bft, and find that numbers of the
cartouch brxes and federal other articles of military
accoutr merits annexed to the perfms of the non
commbioned officers and foldie's in General Bur
goyne's army, have net been delivered up, and that
agreeable to the spirit of the convention, and tech
nical interpretation of the word " arms," they ought
to have been delivered np---This opinion is war
ranted not only by the judgement of the most ap
proved writers, but by the interpretation and prac
tice of British officers, in similar cases, in the couife
of the present war, particularly in the capitulation of
St. John's, on the zd of November 1775.
, Your Committee farther report, That there are so
in ny other circumstances attending the delivery of
tire arms and military stores, which excite ttrong sus
picions, that the convention has not been ftrißly com
plied with on the part of General Burgoyne, agree
able to its true spirit, and the intention of the con
tracting parties, and so many instances of former
fraud in the conduct of our enemies, as to jultify
Congress, however cautious to avoid even the suspi
cion of w*nt of good faith, in taking every measure
for securing the performance of the convention, which
did not impose any new condition, nor tend to delay
its execution.
Of this nature, your committee confider the reso
lution of Congress of the Sth of November last, di
rc&mg General Heath “ to ciufe to be taken down,
V the n:.me and rank of every commigioned officer,
YX7HEREAS Sir Williain Howe, comm&n-
YV der in chief of his Britannick Maje
dv's forces, has required that provisions should
be sent in for the relief of the American pri
soners in his possession, and for the purchase of
such necessaries as they may hand in need of,
and has prohibited the circulation of the mo
ney struck by the authority of these states,
within such parts of the country as are at pre
sent fubjedled to his power, whereby great dif
ficulties have accrued in relieving the diftrefles
of the American prisoners: And whereas large
films of continental bills of credit have been
counterfeited, and issued by the agents, emis
saries, and abettors of Sir William Howe,
Resolves, That the accounts of all provisions
and other neceffarjes, which already have
been, or hereafter may be supplied by the
public, to prisoners in the power of these
Hates; shall be difeharged, either by receiving
from the British Commiflary of prisoners, or
any of his agents, provisions or other necessa
ries equal in quality and kind to what have
been supplied, or the amount thereof in gold
and silver, at the rate of 43. 6d. fterl. for every
dollar, of the currency of these states, and
that ail these accounts be liquidated and dif
eharged, previous to the release of any pri
soners, to whom provisions or other necessaries
shall have been supplied.
On the Sth of January last, the Congress, in con
fluence of a report of their Board of War,
among a number of reflves pajed the following :
" That General Washington bq direded to
require of General Howe, the reasons why
fcveral officers in the service of these states,
an I other citizens now in his power, have been
so long confined, either in the provost-guard,
or loathsome goals, and treated with such un
paralleled rigour; and if General Howe
shall refufe to make any answer to his requi
lition, within the fpa.ce of five days, or give
such reasons for the treatment of these unfor
tunate prisoners, as shall not be juftifiable by
the laws of nations, General Wafnington be
In CONGRESS, fee. 79, 17,7.
t " arid the name, former place of abode, occtitt.ee,
1“ uze, age, and description ot every non-ccmmilti
“ oned officer and private soldier, and ail other per
" sons comprehended in the convention of Saratoga?'
This cannot be considered as imposing any new con-
Idition, but as a mealure, naturally resulting from the
articles of convention, which the conquering party
had a right to avail itfelf of---and which is ftriftly
justifiable, had no just suspicion of the want of good
faith, in the party furrenderjng, presented itfelf.
Your committee are of opinion, that the reasons
which General Burgoyne adduces for refufing a com^
pliance, are inapplicable to the case; and they beg
leave to observe, that he is totally mistaken, in his
appeal to the condu& of Sir Guy Carleton and him
felf, with refpe& to the prisoners, released from Ca
nada, in August, 1776. For notwithstanding his ex
prt fs declaration to the contrary, in his letter of the
23d of Nov. last, to General Heath, it appears from
the original lift of the prisoners released from Cana
da, which is herewith presented, that the provinces,
counties, and towns, to which the prisoners released
belonged, were annexed to their refpe&ive names,
which for the security of the conquering party, were
in the hand writing of the reflective prisoners.
Your committee therefore cannot but confider Ge
neral Burgoyne's refufal to give descriptive lifts of th^
non-commissioned officers and foldiei s, belonging to
his army, when connected with his former conduct,
and ill grounded aflertion on this occasion, in an a-
Jarming point of view ; more especially when they
confider, that nine days previous to his refufal, he
had without just cause given, declared in a letter to
General Gates, that the public faith, plighted in the
convention of Saratoga, was broken cn the part of
these hates. This charge of a breach of public faith,
is of a most serious nature, pregnant with alarming
confluences, and deserves great attention, as it is
not dropped in a hasty expression, dictated by sudden
passion, but is delivered as a deliberate a& of judge
ment, committed to writing, and sent to the General,
with whom he made the convention. And if credit
is to be given to General Burgoyne's account of
himfelf, in his letter to General Heath, of the 23d
of November, he cannot be considered '' of so light
“ a character, as to have a&rd in a serious matter of
" State upon a sudden imprdfion."
The reason on which he grounds this charge is,
That the officers included in the convention, have
not since their arrival in Massachusetts-Bay, been ac
commodated with quarters agreeable to their refpec,
tive ranks ; on which your committee beg leave to
observe, that though from the sudden and unexpected
arrival cf so large a body,of troops, the concourse of
strangers in and near Boston, the devaftatjon and de
ftrr&ion, occasioned by the British aimy, not long
since blockaded up in that town, and by the Ameri-
accoutrements ; that he has exprtffly and without
just foundation, charged these ftates.with a breach
of public faith ; that in conference of this decla
ration, whilst in cur power, he may deem hinfelf
and the army under him, absolved from their com
pact, and may therefore have refufed compliance
with a measure naturally refusing from the conven
tion, and which only tended to render his officers
and men insecure, in cate the convention on their
part was not complied with; considering farther,
.that from the distance between America and Great-
Britain, there is no opportunity of accommodating
this dispute in any reafonabe period of time with
the Sovereign of the State, in behalf of which this
convention was made, and that the operations of
General Burgoyne's army in America, would n,t
only de feat the main objea of the convention, but
prove highly prejudicial to the irtoeft of these States.
Your committee submit the whole to the considera
tion of Congress, in order that such measures be
adopted, as are confident with the fafety and honour
of the United States.
Whereupon Congress came to the following refo
lutions:—
Resolved, That as man, of the cartoueb-boxes, and
federal other articles of military accoutrements annex
ed to the persons of the non-commissioned officers and
soldiers, included in the contention at Saratoga, bate
not been delivered up ; the contention on the part of
the Britifo army has not been friClly complied with.
Reiolved, That the rejufal of Lieutenant-General
Burgoyne, to gite defcriptite lifts of the non-cemmfio
ned officers and privates belonging to bis army, subse
quent go bis declaration, that the public jaitb teas
broke, is considered by Congress in an alarming paint
of tieiv sfince a compliance tuitb the resolution of
Congress could only bate been prejudicial to that army,
in case of an infraction of the contention on that part:
Resolved, That the charge made by Lieutenant-
General Burgoyne, in bis letters to Major General
Gates, oftbe 14. th of November, of a breach of pub
lic jaitb on the part oj tbefe fates, is not warranted
by tbejufl confruCHon of any article of the contention
of Saratoga^ @ it is a frong indrawn °f his
be such as the public could wish or he expert ; yet
his charge cf a breach cf the public faith on this ac
count is not warranted either by the letter of the pre
liminary articles, agreed on between himfelf and
General Gates, on the iq.th of October, or by the
spirit of the convention, tinned on the 16th cf the
fame month ; since by an examination of these arti
cles it will appear, that the Imputation, with refpe&
t, the quartering of officers, was not to be construed
in that rigorous sense, in which General Burgoyne
affe&s to confider it, but on the contrary, that it was'
“ agreed to as far as circumstances would admit."
Your committee forbear to lay any stress on the
attempt of the enemy, to alter the place of embark
ation from the port of Boston to that of Rhode-Bland
or the found, so contiguous to the port of New-Yoik,
which as well as that of Rhode-Inland, is at prefect
in their p< ff ffion ; on the seemingly inadequate
number of vessels, (being only 26 tranfpofts sent to
Rhode-Ifland, as appears in a letter from General
Pigot to General Burgoyne, daud December 3)
for an army confiding of five thousand fix hunched
and forty-two, in a winter's voyage to Europe ; or
on the probability of the enemy's being able, cn so
short a notice, to viaual such a fleet and army, for
a voyage of such length ; since the declaration of
Lieutenant-General Burgoyne, that the public faith
is broke, is of itfelf Efficient to juftify Congress, in
taking every meafure'fof securing the pei formance of
the convention, which the law of nations in conse
quence of this condu& will juftify.
Theft faffs and opinions, your committee, in a
matter of fich high moment to the honour and fafety
of thrfc states, esteem it their duty to report specially;
and considering that General Bu;goyne has hot fully
complied with the convention of Saratoga, particu
larly in not delivering up the cartouch boxes and
can army, which besieged them : and considering
that the officers were not to be separated from their
men, and that the troops could not be quartered with
equal convenience, in any other place, within the
limits pointed out and described in the convention, as
there aie not a fufficient number of barracks in any
other part of that State ; though from these and ma
ny other unavoidable circumstances, the accommoda
tion cf General Burgoyne and his officers might not
ately sent a flag on frore with them.
LAN C A STER, January 21.
On Thursday laid the sloop Batchelor, John
Staples, matter, bound for Philadelphia, bur
then about 50 tons, with three hands on board,
was taken by Capt. Jcfeph Rice, of the artil
lery, and a party of eisht men, off Marcus-
Hook. Her cargo consists of ,6cafc of rice,
8 barrels of beef, 2 casks of porter, 24 firkins
of butter, 500 bufhds of potatoes and tur
nips, 6 hogsheads of loaf sugar, 3 ditto of
brown sugar, 5 ditto of rum, 17 tierces of
falmcn, 18 boxes of soap, 1 chest of bohea
tea, 20 hams, 20 cheeses, 2 barrels of tar, 1
pipe of wine, 1 hogffiead of bottled claret, 4
barrels of ficur, and 192 half hides.
BURLINGTON, Feb. rt.
Extras of a letter from Baltimore, Feb. 13.
" By a gentlemen who came to town to-day, im
mediately from Charleftown, (South-Carolina) we
have the melancholy account of the deftru&ion of
about half that city, occasioned by a bake-house
taking fire. As the houses are chiefly built of wood,
and the wind being very high, rendered it impossible
to extinguish the flames before it had confirmed every
house from the place where it firft caught, for the
limits of the city. Mott of the goods that were
there were consumed before they could be got off."
BOSTON, Jan. 29, 1778.
We hear from Marblehead, that on faturday
last, a Transport ship, bound from Halifax for
New-York, arrived there with 280 Continen
tal Prisoners. She failed from Halifax about
ten days ago, under convoy, and parted with
the convoy in a severe gale, a few days after
flie failed ; and rose on the crew, which con
filled of 15 Hands, and carried her into Mar
blehead, as above. Most of the Prisoners
have since arrived in town, and inform, they
loft twelve on the passage, btfidn two who
aWdeoUy fell overboard. •,
iG&um, art Qordt r, ground
nvill avail btmjelf cj Jucb pretended breach oj the
convention, in wder to disengage himfelf and the
army under him, oj the obligation they are under to
these United States, and that the security Qhich these
fates have had in his jerfnal honour, is hereby
defrayed.
Resolved, therefore, That the embarkation of
Lieutenant-General Burgoyne, and the troops under
his command be suspended, 'till a difinft and explicit
ratification of the convention of Saratoga, shall be
properly notified by the Court of Great Britain to
Congress. By order of Congress,
HENRY LAURENS, Prefdent.
Attefa , Charles Tbompfon, Sec'ry.
In CONGRESS, Feb. 20, 1775.
X d 7HEREAS it is reprefebted to Congress by
V* lus Excellency General Washington, That
the Mode adopted by many of the United States of
inlifting their Quotas of Troops only for fix or nine
Months, occasions a conftaht change of Men; by
which Means great Part of his Army constantly con
fids of undisciplined Troops, and of course occasions
great Fatigue and Trouble to his Officers in ren
dering them fit for ahy Service ; and that by the
Time they come to know the Duty of a Soldier,
their Inliitments expire.
RESOLVED, That all the Troops now compo-'
sing the Armicsof these United States, and all such
other Troops as shall hereafter inlift or be drafted to
serve in their Armies, shall be deemed, and they are
hereby declared to be Troops of these United States,
during the Continuance of the War between these
United States and Gt eat Britain, and fubjc& to all
the Regulations, Pains and Penalties fpecified in the
Attides of War heretofore made and ordained by these
United States in Congress; notwithstanding any
Law of ary of these United States to the contrary.
RESOLVED, That his Excellency General
Washington, and ail and every other Officer of these
United States, commanding in any Garrison or Fort,
or at any Post or cn an, Detachment, be, and they are
hereby authorized and required to apprehend or de
tain in fafe Custody, all such Persons as shall quit
the Service cf these United States, during the Con
tinuance of the War between these United States
and Geat-Britain, under Pretence of the Time of
their Inliftment being expired, in order that they
may be brought to condign Punifliment for Defection.
By Order of Congress,
Henry Laurens, President.
Attest. Charles Thompson, Sec'ry.
Williamiburg (Virginia) Dec. 1 5.
Extras of a Letter from a Gentleman in the
Northern Neck, Dec. 15.
“ I arrived here late last night from Potow
mack, where I had been Rationed ten days.---
We' have hitherto prevented the enemy get
ting frefh provisions from our shore, but many
negroes have gone off to them, it being net
in our power to guard the whole river, and
the gentlemen, rather than destroy the boats
(which would effectually prevented the slaves
getting cn board the ships) would run the
rifle of losing feme hundred pounds ; as an in
stance of this, Capt. Townsend Dade had his
batteau drawn up and locked in his barn ; the
night following ten negroes took his oxen,
broke open the door, carried her back to the
river, and effeded their escape. The fuffer-'
ers, vhen I came away, were Mr. Fitzhugh
of Chatham, three fellows, one wench, and
Mr. Moxley, one wench. I was charged with
a flag from Col- Skinner, to endeavour a re
covery of those negroes, but received for an
swer, “ They were determined to protest all
that came on board." The ships lay off Boyd's
Hole for four days, all which time they con
ilantly traded with the Marylanders. We
could plainly difeover carts come down to the
water fide, difeharge their loads, and take
from, on board the boats what they carried on
shore. If a flop is not put to this illicit trade,
we shall be eternally infefted with those pi
rates."
Monday last four negro fellows belonging to
Mr. Jones, of Hampton, attempted to get on
board the St. Alban's man of war, two cf
which were drowned in the attempt, the other
two got on board, but the Captain immedi-
four children ; Mr. Fitzhugh of Marmon, one
fellow ; Col. Henry Fitahugh, five fellows ;
Major Stith, three fellows ; Henry Fitzhugh,
one fellow; Tacker Washington, two fellows;
'lit )h~;r '''''-t ' f'aC 'CtH't' ' nf^
Cape Ann, from Halifax, on Friday last,
with upwards of 160 more, some of whom,
had been Prisoners above a year.
The Letter of Marque Snip, (mentioned tri
our last, to have been taken by the Ports
mouth) is fafe arrived in Port.
Thursday evening last, between the hours
of seven and nine, the lately edifice, built
about goyears ago at New-Boftoh, by the late
Peter Chardon, Esq; and owned by his heirs,
but in possession of John Carter, Esq; of
Albany, was entirely consumed by fire, which
began in one of the chambers, and encreafecl
so rapidly that very little of the furniture w^§
fared; it also communicated to the barn,
which was likewise consumed. Several other
buildings caught fire, but were happily extirt
guifhed ; and if the houses in general had not
been covered with snow, no one could tell
where the fire would hate flopped.
A Letter from Bourdeaux of December 12, men
tions, That the ilhiftriou^ Patriot Dr. Benjamhi
Franklin, has been assassinated in his Bed Chamber,
at the Initance of Lord Stormont. The Villain left
him for dead 3 but one of the Doctor's Ribs pre
vented the Stab from being instantly fatal, and he lay
in a languishing Condition when the Vessel fail'd
that brings this Account.
HARTFORD, Feb.,
The 28th alt. at night, the paper-mill in
this town, by means unaccountable (but sup
posed by the hand of a villain) took fire,
and with all its apparatus, 150 reams of wri
ting paper, near 100 of printing paper, and
a large supply of dock, was reduced to ashes.
Friday night following, some unknown per
son set fire to the South fchool-hbufe in this
town, by throwinga shovel of coals upon the
fhelf where the children laid their books: It
has happily difeovered time enough to prevent
the execution of the rascal's design.
H ARTFORD, March ,
Friday last C^pt.Thorndike returned to Salem,-
f om a cruize, during which he took a brig of 140
tons, laden with English bale goods, out of which
he took as many as his vessel could well hold, witlr
which he arrived as above. The prize is supposed to
be arrived at some port at the Eastward, as the was
left well about todays ago.
The Continental Congress have appointed Eleazer
Wales, Esq; one of the Commissioners of accounts
for the northern diftrift.
The General Assembly of the state of Virginia
have, in the fuller manner approved of the articles
of confederation, and dire&ed their delegates in
Congress to ratify the fame.
Wednesday a boat was sent from Newport to
Warwick Neck, with a letter to his Excellency
the Governor, importing that the ship from
Halifax, (mentioned under the Berton head to
have been carried into Marblehead by the pri
soners) was intended as a cartel, and that the
Americans on board would -be considered as
exchangeable.
FISH-KILL, February 26.
We are informed, that to prevent desertion,
and defend the English islands, the new levies
have been sent off from New-York to the Weft-
Indies, some days ago: This they highly re-,
fented, being inlifted here to assist in subduing
their country. 'Tis currently reported, that,
on Staten-Island, before they embarked, they
mutinied, and after some lives were loft in the
opposition, they were overpowered, and at
length drove on board---as sheep to the daugh
ter. [Well said Deacon Loudon ! That is a
plumper indeed!
^^^^
'O 'GJ ^)* 'C) °Gw "GO "GD °&D "C)* 6 O° iQ
For sale by private Contrast,
The Schooner S MACK,
NOW laying in the Old Slip, about 70 or 80
tons burthen, four years old, Marblehead
built, a faft sailer, of remarkable easy draft of wa
ter, in very good repair, and well found, as may be
seen by her inventory. For further particulars ap
ply on board said schooner, or the brig Albion, lay
ng alongside of her.
WANTED, a young woman capable of sewing
and taking care of children. Enquire of
H. Gaine.
WANTED,
AN apprentice to a surgeon and apothecary, in
this city. For further particulars, enquire of
the printer.
STATE of 'CONNECTICUT.
In the Lower-House.
Resolved, That tb^feveral printers in tlris state, be
desired to inform the public in their next papers, that
the report of the Convention of committees held at
New-Haven, for affixing prices to labour, &c. to
take effea on the 20th of March next ; has been ac
cepted by both Houses of Assembly, and a bill is
now preparing effectually to carry the fame into ex
ecution.
Tef. ANDREW ADAMS, Clerk.
NEW POR T, March 5.
Lieut. Otway, of the Lark, and feyer^l other
Gentlemen of the Navy have arrived here upon their
Paroles.
Three Officers belonging to His Majesty's 71st R&
giment have made their Escape from Worcester Goal,
and arrived since our last.
The pefecuting Spirit which rages in the Country,
has likewise drove a Number from their Families and
Coneftions to seek for Asylum here.
The, Rebels stationed upon the Narragarfet Shore,
a few Nights since brought down a large Piece of
Cannon opposite to where the Somerset is Rationed,
intending to fire upon the Ship towards Morning,
but a Number of loyal Subje&s assembled in the
Night spiked the Cannon, and otherwise so disabled
it as to render it unfit for Service.
Last Evening arrived a Brig from New-York.
She failed from thence about ten Daj s since in Com
pany with a Fleet which may be hourly expelled
here under under Convoy of the Sphynx.
Since our last failed a Fleet of Tranfport^ laden
with Hay for Philadelphia.
PROVIDENCE, Jan. 31.