The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1778-05-25 00:00:00, page 4

of a fuperfor---will that be pleaded ? was tie pofi ion of
the centries to kill or wound three or four pariengers ata
/hot, the firing upon innocent women, the tefufal of
redress to Col. Lind, with all the indecent manner and
language attending, will these circurnftances be alledged
to have proceeded from Superior orders ? if so, the cx
cufe becomes indeed more alarming to us --it is my part
at this time to drop a confiderasion that would lead so
far---! mail only remark how little the excuse would
benefit Col. Henley, who would still remain a cruel
agent of (1 will use no improper term) 1 will only fay
cruel agent of a too hasty principle.
Cnl. Henley has a/ked whether complaint was made
to him of the tranfaaion of the 22d.—1 believe they
were nrtt.— But I dare, ay he will recoiled the reafons—
other grievances df the most atrocious nature, abuse of
offices, and assaults upon their lives, were preparing to
lay before General Heath ; they were in number and in
time to have filled up much more of the interval between
the 19th December and Bth January, but not brought
before this court, becaufel understood it to be the inten
tion of Gen. math they should be separately inquired
into, enough has appeared to /hew how the system of
persecution was preserved, and I come now to the tranf
a/lions of the Bih of January.
Upon a general view of the black day I am at a loss
where firft tocarry your observation ; the field was ex
tensive, the feenes separate and fucceflive, but evidently
guided by one uniform design. In one place a party on
tne march are stabbing and knocking out the brains of in
offenfive fpeaarors ; at another, men, under pretence
of a prisoner's escape, are glutting the fame bloody pur
poses upon men not pretended to be concerned ; in a
third, Col. Henley in perfori the British officers at the
fame time being denied admittance, as appears by the
evidence of Lieut. Bibby) is running men through the
body with his sword.
The firft of these complicated horrors, in point of
time, was the attack upon Fredget, fi ft with the bayo ra
net, and afterwards with the butt of the firelock, I will
read the evidence without a comment (vide the proceed
ings) and I have only pow to remark it is not an unfa
vourable idea to the continental troops that such malici
ous treatment could not be upon a general fentfment ; no
body of people are so barbarous, unless instigated —and
now is the time to call uunn the learned gentleman near
me for another duty of his office, to expound to the
court the principles of law reipedting acceffaries and ac
complices, and to fay, whether a roan, by order, ad
vice, ex mple, or any other encouragement influencing
another todoa mifehievous aft is not particeps criming
at a hundred miles distance, as much as if prelent upoq
the fpor.
The ftab'nig of Wilson follows in the course of the
evidence (vide proceedings) and ic appears, as little
comment is necessary, upon this, as upon the former
action, further than to remark, that in tbiscafe CoLHen
ley is found to be acceffary, not upon circumstantial pre
sumption, and argumentative, but upon positive proof;
for it is sworn, the action was done within his fight ;---
that he made no attempt to prevent it, and though it
should be alledged and adr ne was at too great
a distance, yet his giving nd nor check to the
soldiers, upon feeing the = tted, carries as direct
conviaion ot approb couragement as if he
had given open applai
The last article to thirst of blood, is the
Tabbing Corporal F nd following Winks
with threats of the fai -It would be fuperflu
ous to expatiate upon 1 ength of the proofs, the
concurrences of witneffi .hat there was no provoca
tion, the deliberation and the wantonness of the bar
barity The intention is so clear in my opinion a
gainst the probability of doubt, that! should not touch
a moment upon it were it not that a very grave appli
cation was made to the court by tie most refpe&able
authority in it, to confider the nature of wounds as
matters of the greatest importance, and question up
on question was put to the surgeon in every case, to
find whether they were dangerous or not.
Is it possible that any gentleman can mean to mea
fu e the degree of the crime by the depth of the wound,
and to argue that a man may thrust a weapon into
another's breast with impunity, provided he does not
touch a mortal part ? If this doctrine holds good,
you ought to eftiblifh schools of anatomv for the
education of young officers, the science of d ffe&ion
should be added to Ik 11 of the fencing mailer, to
train the pupils in that nicety of touch, that can feel
to a hair's breadth between death and life, a fort of--
fiddle-flick dxterity---that can run divisions upon
veins and arteries, and flop sh >rt in tune, and time to
the thousandth part of a fecon 1.---Really gentlemen
I am not willingly ludicrous upon this fuhjeft, but
it is impossible to treat such an argument gravely.
I dismiss it to my learned neighbour with one more
injunction to shew the court, in law that where a man
passes a sword with violence at another's breast, whe
ther the wound is a mere pun&ure, 01 goes to the hilt,i
the intentional gilt is the fame.---I have only one
matter further to observe---upon the cross question
ing f the witnesses, it has p rhaps been wi/hed to
insinuate that a' the time of th, ft violent proceedings
there was cause of apprehenfi,n, the armed troops
might be surrounded and overcome; the troops
themselves will hardly thank their friends for this idea
—What, dull it be alledged that the militia of A
merica Who animated bv their cause, have been fe f
taught the use of arms ? that body where every man
is fnppoftd to be in himflf an hod? Shall such sol
diers be apprehensive ot dangei from half their num
ber of unarmed, mercenery, miniderial slaves ; for
such you know they think us ? No, gentlemen, I
reje& with you so injurious a supposition---I give
credit to the spirit and force of the militia, I do it se
riously and upon experience—and it is upon that cre
dit I found this proportion, that it being impossible
the officers or soldiers should be induced to a&s of
violence by any apprehension of refinance--It follows
by the faired deduction, that either there was more
prevalent malignity than ever appeared before, in the
human heart, or that the whole proceeded from di
re&ion, order, and systematical plan.
Little more I imagine need be remarked to apply
the evidence to the several didin& terms I have used
in the charge. That the whole tenour of Col. Henley's
conduct was beineoufly criminal, as an officer will
hardly be deputed in a country where the principles
of liberty have been so deeply studied. An army is
not to be born in a free date, but upon the principles
of defence againd an outward enemy or the proteai
on of the laws. The officer who makes himfelf the
arbiter of the law is guilty of the most fhameful per
vertion of moral duty, and his impunity would scarce
ly be thought a very c >mf,i table presage of the grow
ing liberties of this country.
I have also fail, the Colonel's behaviour was un
becoming a man. I will not trifle with the time or
understanding of the court to enter into definitions
upon this term; nor will I fli >ck the ears of the offi
cers, nor even of the unfortunate person under trial,
"with so groce a term as the world in general apply to
the a& of affmlting a woman, a priest, ^an unarm
ed man, for fr hey are all exactly in the fame predi
caments. The sword drawn for such a purpafe is no
longer the badge and diftin&ion of a gentleman; it
is degraded with the implements of the affiffin and
hangnan, and contrasts a Rain that can never be
wiped away.
Gentlemen, I have now gone through the material
parts of the proceedings, whether the offences are re
-10! liaive resentment, or mere deep de
sign, or both, it must dill appear wonderful, that a
general marfacre did not ensue; by the patience and
difcipli»e of the British soldiers those horrors have
been avoided—-but whatever the escape may have
been on our part, it is ten fold more material on yours.
---We might Perhaps for the Struggles of the
desperate are hard---but Perhaps we might have been
Sacrificed to the lad man, we should thus have paid
a soldier's debt which we ofter^wifhed, our fall would
have been revenged, and our memories attended with
pity and with honour---but or America---the trans
action would have remained a foul and indelible blot
in the firft page of her new history; nor would any
series of disavowal and penitence, nor ages of re&i
tude in Government, purity in manners, inflexible
faith, or the whole catalogue of public virtues have
redeemed her in the opinion of mankind.
Now gentlemen, confider the words of the order
under which you fit, reform the opinion of the court
of enquiry, and fay, whether it is the honourof Col.
Henley, or the honour of America with which your
minds ought to be impressed when they proceed to
judgement in this cause---I close with that considera
tion as far as I can impress it upon your breads
I trust they are replete and pregnant with justice, ho
nour, and duty to your profiffion ; and above all
with that glorious whig principle, the words of which
are become almost a general motto in this country,
and the genuine, fubftahtial practice of which I Shall
ever revere in any country “ A due sense of the ge
neral rights of mankind." I trust you have all these
qualities, and in that persuasion I cannot doubt what
will be the issue of this cause.
Extracts from General Orders.
Head-Quarters, Boflon, Feb. 27, 1778.
COL. David Henley, late commanding officer at
tbe pofl at Cambridge, tried at the specialgeneral
court-martial, thereof Brigadier General Glover
luas PreJident, accused by Lieut. General Burgoyne, of
a general tenor oj language and conduct, beinouJly
criminal as an officer, and unbecoming a man; oj the
most indecent, violent, vindictive ftverity against un
armed men ; and of intentionel murder.
The Court after mature confderation, are of opinion
that the change against Col. Henley is not supported,
and that be be difcbarged from bis arrefl.
The General approves the opinion of the court,
thanks them for their unwearied endeavours to inves
tigate the truth, and orders Col. Henley to re-assume
his command at Cambridge immediately.
The General thinks it to be bis duty on this occafon,
to observe, that altbo' the condua of Lieut. General
Burgoyne, (as prosecutor againf Col. Henley) in tbe
course of the foregoing tryalin bis several freecbes and
pleas may be warranted bvfme like precedent in Briti/b
Courts- Martial, yet as it is altogether noble in tie pro
ceedings of any General Court-Martial in tie army of
the United States of America, wbofe rules and articles
of war direa that the fudge Advocate General Jhall
prosecute in tbe name of tbe United States ; and as a
different practice tends to render Courts-Martial both
tedious and expenjive, be does protef againf this in
fiance being drawn into precedent in juture.
J. KEI TH, D. A. G.
Yesterday orders were iffiied from the War-office,
by order of the King and Council, for all Govern
ors, Lieutenant-Governors, &c. who are absent
from their refpe&ive garrisons, forts, or castles, to
repair to their Rations forthwith in England, Ire
land, &c.
The commissioners that are to go to America
had a meeting together on Monday at the Earl of
Carlifle's house, and were several hours in consul
tation.
Yesterday eloathing for 5000 men were Dipped on
board a transport vessel at the Tower, for the service
of his Majesty's troops in America.
Marebzi. The Earls of Chatham, Shelburne, and
Cambden, coming immediately into office, was the pre
vailing opinion yesterday in the firft political circles.
YESTERDAY Admiral Keppel hoisted his
flag on board the Prince George at Ports
mouth.
Friday Lord Arhherft was sworn one his Majesty's
most honourable Privy Council and took his place
at the Council Board.
Letters from Amsterdam of the 13th inst. men
tion that the States General, and the people in gene
ral of the United Provinces, publickly declare the
treachery of the French nation, on account of their
secret aids to the provincials. Notwithstanding the
spirit of commerce, and the thirst of gain which pre
vailed in this land of republicanism, it has proved
more liberal and just to its alliance with Great-Bri
tain, than our-ariltocratical neighbours, who are
always foremoft in a&s of duplicity,and meanness.
The dire&ors of the bank, it is said, waited upon
Lord North on Monday at one o'clock, to know
whether a war would happen as soon as expected,
when his Lordship, for their fatisfa&ion, gave for
anwfer, that it was inevitable.
Alexander Donaldson, Esq; is appointed Major to
Col. M'Donnell's battalion of Highlanders.
The British Navy contains at this moment one
hundred and fifty-two drips of the line, built and
building, besides one hundred and ninety-two of
inferior rates and frigates; a marine superior to the
whole world besides!
All the regiments of horse in England and Scot
land, are drawing towards London, in order to their
being reviewed by his Majetty.
March 20. On Tuesday evening' orders were
issued for the embodying the several regiments of
militia, and for compleating the regular forces to
thirty thousand effective men.
Yesterday morning some dispatches were received
at Lord George Germain's office from General Howe,
which were brought over in the Sally, Cowper, in
26 days to Dover.
Eighteen frigates are now building in the mer
chants yards for government, which are ordered to be
got ready with all expedition.
The Alderney sloop of war, with several fail
of transports are now waiting at Harwich for orders,
to fetch over another reinforcement of Germans,
from Bremer Lehe.
Upwards of forty new frigates are now upon the
stocks in the different dock-yards in this kingdom,
for the service of government.
It is said that Lord Rockingham hath generously
fettled a thousand a year on his worthy kinsman, Gov.
Wentworth, lately arrived from America; who, it
is said, hath written more truths than almost any
pei son (Gov. Hutchinson excepted) about the rebel
lion of that country.
It is supposed war will be declared against France
on Friday or Saturday.
A war with Spain will inevitably follow, but Spain
at present is shy, and does not appear; the reason of
which is, She has a valuable flota coming home from
La Vera Cruz, which are not expected to arrive in
Europe till the latter end of April or beginning of
May.
LONDO N, March 17.
for sale,
PORT 7
Sherry > Wines,
MadeiraJ
Old spirits and brandy
London porter and ale
Cheese
Double and single refined
sugar
Mufcovado, ditto
H,fn, Green, 7 T
Sou/hong and Bohea j
The Triton, Capt Sheene, from New-York, is ar
rived at Liverpool.
Lord Amherst is appointed to the rank of General, in
order to his taking upon him the command in chief of the
forces. His Grace the Duke of Argyle is promoted to
the rank of General.
To be fold, by the Inventor's Appointment at the
Bible and Crown, in Hanover-Square, and no
where else in America.
The Salutary CO NSERVE,
BEING an approved and infallible Preventive
from aC erta l n Dls ea s e.
The Auther of this Medicine is a Gentleman very
well known, both in the Navy and Army, for his fuc
cefsful Practice in Physic and Surgery, he has had re
peated and inconteftible Proofs of the good Effects ot his
Medicine, which he was prevailed on to give the Public
fume Years ago, in Europe, at the earnest Sollicitations
of some of his intimate Friends.---The Application of it
is simple and easy, as will appear by the printed directions
given with each Phial,
LONG and ihort handle frying pans, single and dou
ble sheet iron, tongs and shovels, brass scales and
beams, cart, \vaggon and chair boxes, iron pots and ket
tles, a large assortment of padlocks, brass and iron wire,
fad irons, table, chest and other hinges ; cupboard, chest
and portmantua locks; plated stock locks, /having glas
ses and razor strops, a great variety of shoe and knee
buckles, coat and vest buttons, cutteaux and penknives,
knives and forks, tea kettles and warming pans, steel of
all kinds, saws, best London pewter, iron dogs and pye
pans, spades and Shovels, with almost every other species of
Ironmongery and Cutlery,
Are just imported and to be fold on the most reasonable
terms, by
Edward and William Laight,
No. 190, Queen-Street.
Who have also for file, bohea and hyfon tea by the
chest, single and double refined loaf sugar per hoglhead,
port wine in bottles, and sherry in calks, callico.es and
chintzes in trunks, checks and Iriffi linens, &e, &e.
'PiTfER LYNC H,
H A TT E R,
TAKES this opportunity of acquainting his friends
and the public, that he has moved to No. 28,
Queen street, nearly opposite Golden-hill, the house
which Berry and Rogers lived in ; where he has so sale,
a large and neat assortment of fa/hionable cocked and
b aver, beaveret, and caftor hats, gold and silver trim
mings, feathers, cockades, &c.*
N. B. Light Infantry caps of all forts made, and old
hats coloured and repaired at said /hop.
Any perlon having a quantity of large laved coarse hats,
may difnofe of them by applying to said Lynch.
TERRILL and KEARNEY,
Are removed into Dock-street, No. 867, two doors to
the Eastward of Mr. Isaac Lowe's, where they have
Yesterday morning his Excllen, the Marquis de No
allies, thq French Ambaflador, the Marchionefa and
their whole suite, set off for Dover, in order to embark
for France.
Orders are given for a quantity of Irifhprovisions to
be Shipped for Gibraltar and Minorca, t of: places having
been of late but scantily supplied with freSh provisions
from the Barbary coasts.
'Tis very confidently asserted, that offers have been
made to Lord Chatham to come into office, but it is said
that the number of friends his Lord Ship expels should be
brought in with him, are more than government can at
this time provide for as desired.
General Amherst is appointed one of the reviewing
Generals for the present year.
General Amherst, it is said, has declined going to A
merica.
Sir Thomas Pye is going out to relieve Admiral Gay
ton on the Jamaica station, and will fail from Spithead
the beginning of next month, with two Ships of 64 guns
each, onepf 50, and two frigates.
Advices from Peterfburgh remark, that three bodies of
troops have orders to hold themselves ready to march, and
that court is come to a resolution of railing 80,000 re-#
cruits.
Extrad of a letter from Gofport, March 18.
“ Yesterday his Majesty's Ships Vigilant and Vengeance
were commissioned, and hoisted their pendants, Captains'
being appointed to them.
" Hi's Majesty's Ships the Britannia, Superb, and Lyon,
are ordered to be made ready to be put in commission,
which will be in a few days.
“ Last night we had a very hot press; the men were
taken from every merchant Ship and vessel, even to the
master, and all the men to the outward bound Eaft-India
men at the Mother-bank, and from all proteaions; so
that many hundred men were picked up by that means.
“ His Majesty's Ship Europa is gone out of the harbour
this morning."
A correspondent fays, that the sterling merit of the
Secretary of State for American affairs now appears in
full luftre, and comes out like pure gold after puffing thro'
a fire : The late enquiry in the House of Commons at
the instance of Opposition, has turned out greatly to his
credit; and it is said as a farther proof of his Majesty's
approbation, his Lord Ship will soon be called up to the
House of Peers, and has already got the reversion of the
office of Lord Warden of the Chinque Ports.
On Saturday evening Capt. Cornwallis arrived in town
from Gen. Howe's army at New-York, and yesterday
morning waited on Lord George Germaine with private
dispatches he brought from General Sir William Howe,
which are to be laid before his Majesty at St. James's
The Gen. Washington privateer of 18 guns, is taken
by the Seaford, and carried into Barbadoes.
Marebzg. The Marquis of Noailles arrived at Dover
on Friday evening on his return to Paris ; but Lord Stor
m& nt being greatly indisposed when he received his letters
of recall, is not yet come over.
Lord Viscount Stormont, 1 our late Ambassador at the
Court of Versailles arrived here last might.
It is said the Earl of Chatham was elofeted with the
King two hours at St. James's last Tuesday, and that
L>rd North introduced the Earl to the conference.
There are now upwards of twenty recruiting parties in
Holland, Hamburgh, &c. beating for volunteers to serve
in the British army in America.
Price, ONE GUINEA.
'Extras oj a letterfrom Edinburgh, March 14.
“ We hear that orders are comedown for a draught of
five hundred men to be made for each of the regiments now
railing in Scotland, to be Shipped for America by the
25th of March: As two aimed vessels are arrived at
Greenock, some transports engaged there, and many
more expeded from England, it is imagined they will em
bark at that port.
Som# people are of opinion that the King of France
and his Ministers, now that they find we are thoroughly
roused, and will not luffer ourselves to be bullied, arc
disposed to renounce their tobacco contrast with America,
and to fm<ke the calumette of peace with England.
To the PUBLIC.
Coffee
Rice
Citron
Raisins and currants
Pepper and mustard
Florence oil
Nutmegs
Cinnamon
Mace
Cloves, &c.
WANTE D,
A Middle aged, difereet woman, to few and tend chil
dren ; one with a proper recommendation, may
hear of a good place, by applying to the printer.
JOHN WILSON,
BEGS leave to inform the public, that he has taken
the corner house near the Exchange, lately occupied
by Mrs. Myford, where DINNERS and SUPPERS will
be provided on the Ihorteft notice, and good attendance
given. He has provided a stock of liquor of the belt
quality, and hopes by his assiduity to merit the favours
of such as chufe to oblige him with their custom.
TAKEN up on the south Side of Long-Island, about
thirty leagues to the eastward of Sandv Hook, a
LONG BOA T,
of about twenty feet in length. Any person claiming
her, and proving their property, may have her again, by
paying all reasonable charges. Apply to DANIEL
JONES, at Blue-Point.
'th For BELFAST,"
nek The B RIG
F ANN Y,
William Stew art, Majfer;
T^OR freight or passage,
r apply to Hamilton
Young, or the master on board, at Bache's
wharff.
*t* She will fail with the firft convoy.
The best double Spruce Beer,
TO be had at the brewery near Peck's Slip, either in
calks or bottles. Ready money for empty bottles.
Two very elegant rooms to be hired.---Enquire of the
printer.
WILLIAM TONGUE,
Broker and Auctioneer,
In Hanover-Square, has for SALE,
A Quantity of good salt at three Shillings per buShel, a
parcel of red morocco Skins, nails, cheese, rum,
sugar, coffee, French rugs, Lisbon, Madeira, and Te
neriffe wine, in pipes and quarter calks ; London porter
and port winein calks, containing 8 dozen each. Also,
two schooners, well found and fit for sea immediately, of
about 70 or 80 tons burthen.
THOMAS GORDON,
Watchmaker, in Hanover-Square,
HAS removed his Shop to the opposite fide of the
way, No. 519, dire&ly facing his former situa
tion ; where he continues to perform all kinds of work:
in the various branches of his business in the best man
ner as usual.
LOST, a silver watch, maker's name J.
Williams, No. 3035. The printer will
give five dollars reward for it.
WANTE D,
A SERVANT that is fit to aft as a Rew
ard in a gun room, in one of his Ma
jesty's fllips. For particulars, apply to the
printer.
LOS T, Saturday Evening a large Silver
Shoe Buckle between the Ferry Stairs and
Crown Street. Whoever will return the fame
to Hugh Gaine fliall have 12/ Reward.
To lborn FARR eI LT-
Has imported in the Lenox and John,
AVrefe fappty, which makes his affortmen, very
compleat of all kinds of goods fujtable tb this
market, which he continues felling on the most reason
able terms for the cafb, and by wholesale only, at his
store in Water-street, between commissary Loring's and
Mr. Van Dam's.
N. B. Light and defaced GOLD taken in payment,
at 61. los. per ounce.
A Likely, healthy, young negro wench,
who understands all kinds of house
work ; can bake, brew, and cook, has had
the small-pox, and will be recommended for
her honesty. For further particulars enquire
of Mrs. Leslie, opposite rhe play-house.
WANTED, TWO HUNDRED POUNDS,
for which indisputable Security will be
given. Enquire of the Printer.
TO BE SOLD,
A STOUT, healthy, young NEGRO
WENCH, who has had the small-pox
and meazles. Enquire of the printer.
GENUINE old Madeira
wine, by the pipe,
quarter-calk, or dozen,
Lisbon wine by the pipe,
quarter-calk or dozen,
Sherry wine by the quarter
calk or dozen,
Sweet wines in bottles,
Old hock in ditto,
London and Bordeaux claret
by the case or dozen,
Port wine by the calk or
dozen,
Shone'e London bottled por
ter by the hoglhead or
dozen,
Kenton's ditto, per ditto,
Taunton ale, do. do.
Scotch ale, do. do.
Bristol beer, do. do.
Belt Coniac brandy in kegs
or by the gallon,
Holland geneva by the case,
Old spirits by the hogshead,
or less quantity,
Weft India rum by the hogs
head or barrel,
Rest hyfon,
Congo, and > TEAS.
Bohea )
N. B. London particular Madeira WINE, 12 years
old, at 41. 4s. per dozen.
A GENTEEL ROOM ready forked, will be
let to a Single gentleman by the week; who
may ha"e his breakfast every morning, on reasonable
terms. For particulars, apply to H. Gaine.
A few tons of excellent frefh
New-York baked Biscuit,
ALS O,
Some kegs of English tripe,
TO BE SOLD by
WILLIAM TONGUE,
Hanover-Square,
JOHN DAVAN,
No. 207, Queen-street, near the Fly- Market,
HAS FOR SALE,
To b e SOLD,
Balket-falt, isinglass,
Arnold's bottled fnuff,
Coffee, chocolate, mustard
and failed oil,
Mace, cloves, and cinnamon
N utmegs, whole and ground
ginger,
Railins and currants,
Chamber's London cut to
bacco,
Double and single refined
sugar,
Muicovado sugar by the
barrel,
Cheshire and Gloucefler
cheese,
Spmermaceti candles by the
box,
Mpuld aad dipt tallow ditto
by ditto,
Caftile, and London made
white and turpentine soap
by the box,
Playing cards of all forts,
Short and long pipes by the
box,
Corks by the gross,
Wrapping paper bythe ream.