The Connecticut courant, and the weekly intelligencer — Hartford [Conn.], 1781-10-02 00:00:00, page 1

W 1 the fubfcrihers being appointed ,by the honorable
the Court of Probate for the diftri& of Sharon, Com
miffionefs to examine .the claims of the creditors of the estate
of Mr. Medad Parker, late of Salisbury deceased ; do hereby
give notice, that ire shall attend the business of said ap
pointment at the house ofMr. Jacobus D'avis, innholder in
Salisbury, on the third mondays of O&o^er and November
next, from one of the clock until fix, in the afternoon.
TIMOTHY CHITTENDEN,) ff s .„
GEORGE MARSH,
Salisbury, Sept. 2% 1781.
P R O{ E ^ °f tbe pfore of Joshua Ra,mint, Esq. New-
JD Linden, North Parish, on the night after the nth infant, a
Brown M MRE, with a redish brown nose, a wart on the top
of cue of her &rs, sor 6 years old, paces and trots. Whoever
will take up vid secure said Mare so that the owner may have
her, shall be kandfomel, rewarded and all reasonable charges
paid, by JEHIEL PEM SE.
Sandirfeld, September ,2, t,sf. %
T 0 BE SOL D,
By LEMUEL WHEELER, at SalEbu,,
AF A RMlying in said Salisbury, about half a mile East
of Town Hill, upon a road much travelled from Ca
naan to Sharon ; there is upwards of One Hundred acres of
.land in said Farm, thirty tons of good hay is usually cut
whereon in a year, and about four hundred bushels of winter
and Summer grain may be yearly raised on the fame ; there
is a one story house with three rooms, and a good new Barn,
every field is well watered, and the whole under good im
provement, and is well divided into meadow, pasture, plow
and timber land, ithas two Orchards, which has produced
more than one hundred barrels of Cyder in a year. He has
likewise to fell another <mall Farm, near the Furnace, which
is well, divided into meadow, pasture and plow land, with a
fine young orchard, about if tons of hay is yearly cut on
this Farm, whereon is a Barn and a Shop, with a Dwelling
House wherein said Wheeler now lives and has resided for
some years past-—An indisputable title will be given to the
purchaser, by LEMUEL WHEELER.
N. B. He desires those persons indebted to him, to make
immediate payment, which will prevent trouble,
TO BE SOL D,
ARe&Roan STALLJON, § years old, 14 hands and
half high, well made', natural trotter, well broke to a
Carriage, is an excellent Sire. Apply to
SAMUEL EGELSTON.
Windsor, September 2;, 1781.
Forge-Men wanted at Nickel
fon's Works in New Milford, viz.
Two Refiners, one Steel Maker, two Bloomers, and a
number of Wood Cutters, being well recommended
for skill and sobriety, shall meet with the best encourage
.medt by applying to said NICKEL SO N at the works in
said New-Milford.
September 20, 1781.
To be Sold at PUBLIC VENDUE, or the fourth day of Oc
tober next, at two o'clock in the afternoon, at the Water
Side, Middletown Lower Houses,
A Small SCHOON E R, about twelve tons burthen,
with her Sails and Rigging. She is a very faft failing
Vcffel, and well calculated for Coasting.
Middletown, September 20, ,781.
DRUGS and Medicines.
Tea,)
Rosin, / By the hundred or
Brimstone, ( Single ponna,
Sugar, J
Pepper, Ginger, &c. &c.
To be Sold for Cash or Wheat Flour, by
BEARDSLEY and HOPKIN S.
Hartford, September 10, 1781.
PHILADELPHI A, Augult 3 0.
BY a Gentlemen who arrived here last night in a Flag
from Charleltown, we are informed that a Col. Hayne,
who had taken protection from the British, was.afterwards
robbed of all his property by them. This so disgusted him,
that he took the firft opportunity that offered to join General
Greene, who honored him with a Colonel's commission.
Being afterwards out on command, he was made prisoner
by theenemy, and condemned to die. This sentence reach
ed General Greene, who in a sho.t time found means to in
fc» m the British com madder, that he hid twenty of their of,
fiers prisoners in his poffeffiqn, whom fate should depend on
that of Col. Hayne. Our informant saw him hanged the
day he left Cliarlcftown, but bad not heard the decision of
@GUCTd Greene with rafyd to the British vOi^'is.
mi^ o^oltwlio4olo4o
WEEKLY INTELLIGENCER.
HERTFORD : Printed by H UDSON and GOODWI N, near the Great Bridge,
TUESDA Y, October 2, 1781.
PHILADELPHIA, September If.
The following arc authentic copies of fundr, papers which Co!.
Isaac Hayne, two days before his execution,delivered to a friend,
with an injunction to transmit t hem to the Delegates of South
Carolina, at Philadelphia, fobe laid before Congress and pub
"lished to'fhe world.
(No. 1.)
SI R, 26th Jrdy, 1781.
I AM directed by the Commandant to inform you, that a
Boa rd of Field officers will aflemble to-morrow at ten^
clock, at the Sate-House, for , our trial.
I am, Sir,
Your molt obedientfervant,
Mr. Hfye C. FRAS^R, Lown-Major.
(No. 2.)
SI R, Thurffoj evening, 16th July, t7^r.
I AM directed by the Commandant to acquaint you, that
instead of a Board of Field-Officers, as mentioned in my let
ter ofthis morning, 4 Court of inquiry, consisting of four
Field-Officers and five Captains, fall auemble to-morrow
at ten o,clock, at the State Houfe,for the purpose of aftertam
ing in what point of view ,o& are to be looked upon : paper, pen
and ink, will be allowed you immediately, and any perlon
you may name will be perrhitted to attend, as your counsel,
at the above mentioned hour and place.
lam, Sir, four moss obedient fervanr,
t. FRASER, Town-Major.
Mr. Hayne, in the frevoft.
.(No. 3)
Memorandur/s, Sunday, 29th ,fls.
THE Town- Adjutant will be so good as to wait upon Col.
Hayne, in the P'rovoft, and acquaint him, that in confluence
of the Court of Inquiry held on him yesterday and the preccyd
ing day, Lord Rawdon and the Comman^nt have come to a
.reflation, that he shall be executed on Tuesday the 31st ink.
at fix o'clock in the morning, for being fourid in arms and le
.tyng 4 regiment to oppoft the British government, notwithstand
ing he had become a fubjed of and taken protection under
that government, after the redudion of Charlestown.
C. FRASER, Toga-Major.
(No. 4.)
Letter from Col. Ha, ne to Lord Rawdort and Col. Balfour*
My Lord and Honb. Sir, Pro-soft, July 29, 17S1.
I WAS on Thursday morning last favoured with a billet
from Major Fraser, informing me, that a Board of Field Of
ficers Would assemble the next day for my trial; and in the
evening of the fame day, I received another from the fame
Gentleman, acquainting me, that initead thereof, a Court of
Inquiry would fit “ for the purpose of ascertaining in what
point of view I was to be looked upon.' —I was also told,
that any person I shall name should attend as my Counsel.
Having never had an idea, or heard of one entertained of
a Court of Inquiry, but that it was only to precede a Court
Martial, or some other Court, for the more extensive exami
nation of faffs, except in the case of a spy, and Mr. Jarvis
the Deputy-Provost-Marshal, being unfucccfsful in an at
tempt to meet with the Gentleman I had named for my
Counsel, I was not anxious to have witnesses summoned, of
which I could produce many—-and attended the Board with
out afliltance.
When before the Board, I was further convinced that I
was right in my conjecture, as I found that the Members
were not sworn, and witnesses were not examined upon oath;
and it must have been obvious to every Member and other
person present, from my requests aud general conduct, that I
had not the least conception of my being on trial for my
life or death---nor do I believe the Members chemfclves, or
an, other person there present, had any Inch.
In the cases of spies, a Court of Inquiry is all that may be
necessary, because the single fad, Whether spy or not, is all
that is to be enquired into ; and his entering the lines of the
enemy's encampment or garrison, fubjeCts him to military
execution. As this neitheris or ever was a charge against
me, I humbly apprehend the information I received, that
the Court was to inquire, what point of view I was to be
considered in, can never be allowed a fufficient warning of
my being intended for,trial, and that it could only mean to
inquire whether I was to be copfidcred as a British or Ame
rican fubjeft---if the former,to be fubje& to a fair and legal
trial—if the latter, §0 be admitted to parole.
Judge then, my Lord and Sir, the astonishment I must
have been in, when I found I had been furpriled into a trial
without knowing it to.be such, and deprived of making a
defence, which! can do both on law and fa&, and the affi.-
tance of counsel and witncifes, being just informed th^t I
was on the proceedings of this Court adjudged to die, and
that on a very short day.
. Immediately on the receipt of this notice, I Cent for a gen
tleman of the law, who I had originally intended should be
of my Counsel, whose opinion in point of law of the pro
ceedings Lad against me, I iucivfe,andbeg leave to refer to.
(No. 5.) ^
Lord Rawdon and the Commandant's answer to m, letter of the
29th, delivered bj the Town Major on Monday the the yoth,,
at one o'clock,.
I AM to inform you, Thatyou for execution was not or
dered in confluence of any Sentence of the C4uifof Inquiry
but by their authority which is invested in them as Command
4br in Chief of the army in South-Carolina and Comman
dant of Charleftbtyn, therefore their resolution remains un
alterable----! then tequefted, that Major Fraser would ear
deftly jntreat Lord Rawdon #.d the Commandant for a re
spite, until I could fend for my children and take a final
leave of them—at three o'clock the Town-Adjutant, Mr«
Cooper, returned for answer, that my request was denied.--^
Tue&y, July 31st, one o'clock, A.°M. the Deputy Provost-
Marshai entered, and informed me to prepare for death, as
he had just received orders to chat effect; and that I mukquiex
the room at 5 o'clock. In less than half an hour Maioc
Frazier entered, and delivered the lollo.wing.incllage—CoU
Hayne, I am to inform you from the Commandant, that in
cdhtfequer.ee of a petition Signed by Governor Bull and a
number of ochers, your request yetterday, and the humane
freatmentyou observed to luch British officers and lo.diers
which fell intoyour hands, that you have a refyite toi 4^
hours : I then returned thanks co the Commandant for tin,
respite, as it gave me an opportunity of teeing my childien,
.He had not gone Out long before he returned, and said he
had forgot part of his message, viz, That the moment any
representation was made to the Commandant by General
Greene in my behalf, the respite ceased, and!wife be inane*
diately ordered for execution.
(No. 6)
otaguft t, 178 c. —sThree o'clock, M. M,
Mr. Couper, Town-Adjutant, came in and read the fol
lowing message, viz. Ltia Rawdon and the Commandant
have agreed to grant a respite to Mr. H^yne for 48 hours
longer. I returned for answer—l was obliged to them.
(No. 7>
Mr. Colcock,'s opinion on the case of Col. Hayne, inclofed in hk
letter (No. 4.) to Lord Rawdon and Cel. Balfour.
THE Colonel being a prisoner in the Provolt, taken, as is
said, in arms againit hrs majesty, received on Thursday
evening information from Major Fraser, in these words ;
“ A Court of Inquiry, confining of four Field-Officers and
five Captains, will affcmble to-morrow at ten o'clock, at the
State-House, for the purpole of ascertaining in what pome
of view you are to be looked upon." The Court met the
next morning, and the prisoner attended. Neither the mem
bers or witnesses were (worn. The prisoner not conceiving
it more than a Court of Inquiry, previous to a trial, neither
availed himfelf o. ° trie leave given him for having a Coun
sel, or produced witness to a great many fa&s neceßaty for.
his defence, for which indeed he had but little time. Heh &
this morning,eceived notice, that Lord Kawdon and the
Commandart have come to a lefolution, in consequence cf
the Court ofinquiry, that he shall be executed on Tuesday
the 31st instant. The prisoner inquircs—Whether the pro
ceedings had are warranted by any law, and the Sentence
thereupon legal? e
ift. That in the notification of your intended examination
before the Court of Inquiry, there is not even by military
rule, efficient cert? toy or charge expreUed to be confide:-
ed by the Court or defended by you.
2d. Thatnoenemy is liable to fuffei death by the articles
of war, or any other military rule or law of which I luvq
ever had cognizance, witbouttrial, except Ipies, who are by
the articles of war expressly deprived of that right.
3d. That no Subject is liable or can be deprived of his !jfo,
liberty or property, bu{by the judgment of bis Peers, or' the
law of the land, and chat there is no law^ that I know of
which warrants fach a trial and condemnation as has been
hadti thisfafe. —That it is a fixed rule in law, that a man
is to be presumed innocent till found guiky. That even
being found or taken in arms, is nert fuen a preof ofguilt as
prevents adefence upon proof of cumpulfion, or otherwise,
and that many so taken,have been on Inch proof acquitted,
4th, That I am therefore clearly of opinion, thitconfidcr
ing you as an cnemy(not a fry)the proceedings bad against
your are not warranted by law, and th&t as a Subject they are
dire&W repugnant and contrary thereto
JOHN CC4COCK,
'Cb4rlef<% Jul, 2Q CTG
. Tcan and do sincerely arfure you, thatlhad and have much
to aliedge in my defence, if I shall be favoured with a trial :
If I should not (which from your justice and equity I cannot
luppofe) I have to request, as I earnefliy do that the time of
my execution may be extended, that I may take a Lift &rt
weil of my children, and prepare for the awful change. 4
shall hppefor a speedy aufwer, and am with rcfpe%
Your Lordship's, and your Honour's
Obedient humble servant,
ISAAC HAYNI.
(No, 871.)