New-Hampshire gazette, or, State journal and general advertiser (Portsmouth, N.H.), 1781-06-11 00:00:00

New - Hampshire Gazette State Journal, and General Advertiser.
[ Vol. XXV. ]
MONDAY, June 11, 1781.
[ No. 1284. ]
BOSTON, June 7. Last Monday arrived here an Express with the following authentic Account of the late Action in S. Carolina, between Gen. Green and the British.
PHILADELPHIA, May 26. Camp, Saunders Creek, April 27. 1781.
SIR, I DID my self the honour to address your Excellency on the second, and informed you that we lay before Camden, having found it impossible to storm the town with a prospect of success, and nothing left but to take a position to induce the enemy to sally. We chose a hill about a mile from the town, on the main road leading to Waxhaw. It was covered with timber and flanked on the left by an impassable morass. The country between that & the town is covered by heavy wood & underbrush. In this situation we lay constantly upon our arms, ready for action at a moment's warning.
About eleven o'clock on the morning of the 25th, our advanced piquets were fired upon, who gave the enemy a warm reception.
The line was formed in an instant. Gen. Huger's brigade upon the right of the road, Col. Williams's brigade of Marylanders upon the left, & the artillery in the center. Col. Read with a few militia in the rear as a second line, Capt. Kirkwood and the light infantry lay in our front, & as the enemy advanced he was soon engaged with them, and both he & his corps behaved with great gallantry. The pickquets under the command of Captains Morgan and Benson, behaved with equal spirit and good conduct.
As the enemy were found to be advancing with only a small front, Lieut. Col. Ford with the second Maryland regiment, had orders to advance & flank them upon the left, and Lieut. Col. Campbell had orders to do the like upon the right. Col. Gunby with the first Maryland regiment, and Lieut. Col. Hawes with the second Virginia regiment had orders to advance down the hill, and charge them in front. Lieut. Col. Washington had orders to turn the enemy's right flank and charge them in the rear. The whole line was soon engaged in close firing and the artillery under Col. Harrison playing on their front. The enemy were staggered on all quarters, and upon the left were retiring while our troops continued to advance; when unfortunately two companies of the right of the first Maryland regiment got a little disordered, and unhappily Col. Gunby gave an order for the rest of the regiment then advancing to take a new position in the rear, where the two companies were rallying, this impressed the whole regiment with an idea of a retreat, & communicated itself to the second regiment, which immediately followed the first on their retiring, both were rallied, but it was too late, the enemy had gained the hill and obliged the artillery to retire. The second Virginia regiment having advanced some distance down the hill, and the Maryland line being gone, the enemy immediately turn'd their flank while they were engaged in front.
Lieut. Col. Campbell's regiment had got into some disorder, and fallen back a little; this obliged me to order Col. Haws to retire; the troops were frequently rallied, but had got into too much disorder to recover the fortune of the day, which once promised us a compleat victory, as Col. Washington found the enemy, both horse and foot retiring, with the utmost precipitation towards the town and took upwards of 200 prisoners, and 10 or 15 officers, before he discovered our people had left the ground; more than 50 of which were bro't off. The Colonels behaviour and that of his regiment upon this occasion did them the highest honor, we retired about 2 or 3 miles, without any loss of artillery or ammunition waggons, the baggage having been sent off at the begining of the action. The enemy suffered very greatly; our force was not materially different; but had we
succeeded from the disposition made, we must have had the whole prisoners, as well as full possession of Camden. Inclosed is a return of the killed and wounded. Among the former is Capt. Beatty of the Maryland line, a most excellent officer and an ornament to his profession. Our army is in good spirits, and this little repulse will make no alteration in our general plan of operation. Inclosed I send your Excellency the conditions of the capitulation and surrender of fort Watson, which I hope will be followed by others.
I have the honor to be with the greatest respect, your Excellency's most obedient, most humble servant, NATHANIEL GREEN.
P. S. The horse and part of the infantry, at the close of the evening, charged upon the enemy, who retreated immediately into the town with precipitation.
SAM. HUNTINGDON, Esq;
List of the commissioned officers killed, wounded & captured, in the action before Camden, 25th April 1781.
Lt. Col. Ford, Maryland, dangerously wounded, elbow.
Lieut. Col. Campbell, Virginia, slight contusion, thigh.
Capt. William Beatty, Maryland, killed.
Capt. J. Smith, 3d Maryland, prisoner.
Capt. Danbolm, Virginia, slight contusion.
Capt. Lieut. Bruff, Maryland, wounded in both ankles, and prisoner on parole.
Lieut. M. Gassaway, Maryland, slightly wounded.
Lieut. Ball, Virginia, in the leg, dangerously.
O. H. WILLIAMS, D. A. G.
Return of the killed and wounded in the action.
Killed. One Serjeant, 17 rank and file.
Wounded. Seven Serjeants, 101 rank and file.
Missing. Three Serjeants, 133 rank and file.
Most of missing mistook the order to rally at Saunders Creek, and took a different route; some are killed, 47 are wounded, and in the British hospitals; one third of the remainder have been heard of, and are expected to rejoin.
O. H. WILLIAMS, D. A. G.
Fort Watson, April 23, 1781.
SIR,
Lieut. Col. Lee made a junction with me on Santee the 14th instant after a rapid march from Ramley's mills, on Deep River, which he performed in 8 days.
The 15th we marched to this place and invested it; our hope was to cut off their water; some riflemen and continentals immediately took post between the fort and the Lake.
The fort was situated on a small hill, forty feet high, stockaded with three rows of abattas around it, and no trees near enough to cover our rear from their fire.
The 3d day we had invested it, we found the enemy had sunk a well near the stockade, which we could not prevent them from, as we had no intrenching tools to make our approaches.
We immediately determined to raise a work equal to the height of the fort, this arduous work was completed this morning by Major Naham, who undertook it. We then made a lodgement on the side of the mount near the stockade, this was performed with great spirit and address, by Ensign Robinson, and R. Lee, a volunteer in Col. Lee's legion, who with difficulty ascended the hill and pulled away the abattis, which induced the Commandant to hoist a flag. Inclosed is the Capitulation which I hope will be approved of by you.
Our loss was 2 militia killed, and three continentals wounded. On this occasion I am particularly indebted to Col. Lee, for his advise and indefatigable diligence in every part of this tedious operation, against a strong little fort as could be made, on the most advantageous spot that could be wished for.
The officers and men performed every thing that could be expected, & Major Naham of my brigade, had in a particular manner a great share in this success, by his unwearied diligence in executing a tower which was the principal occasion of the reduction of the fort. — In short Sir, I have the greatest satisfaction from every one under my command.
Inclosed is a list of the prisoners & store taken. I shall without loss of time, demolish the fort, after which I shall proceed to the High Hills of Santee, and halt, at Capt. Richardsons plantation, till further orders.
I have the honor to be with great respect, Sir, your most obedient humble servant, FRANCIS MARION, B. G.
TERMS of CAPITULATION proposed by Lieut. M'KAY, Commander at Fort Watson.
I. THE Officers to be permitted their parole, to wear their side-arms, and to possess their private baggage. Agreed.
II. The British officers to be permitted to march to Charleston, where they are to continue perfectly out of service, till exchanged, or liable to be ordered elsewhere by the commander in chief of the American Southern army. Agreed.
III. The irregulars to be treated as prisoners of war. Agreed.
IV. All public stores to be delivered to the legion Quarter Master, and the Fort to be delivered up to Capt. Oldham, who will take possession this evening, with a detachment of Marylanders.
The capitulation is acceded to as it now stands in compliance to the gallantry with which it has been defended. (Signed) JAMES M'KAY, Lieut. PATRICK CARNS, Capt. Leg. Infantry. April 23, 1781.
List of prisoners taken at Scott's Lake, April 23. 1781. Commanding Officers.
Lieut. M'Kay, Commander of the Fort. Surgeon Campbell, King's American Regiment. Ensign Robinson, Loyal American Regiment. Lieut. Lewis, South Carolina Rangers. Ensign and Q. M. M'Kellam, ditto.
73 British privates. 36 Tories. To wit 5 commissioned officers and 109 privates. Extract of a LETTER from General Mearns, dated April 21, 1781.
"A small detachment which I sent to watch the enemy's movements in Camden, took at the mouth of Kenbaw's Creek, a boat laden with corn, killed 2, wounded 4, and took 6 British soldiers & 1 Tory."
"C. L. Harry crossed the Pedee with 70 men, to intercept the Tories, who I expected would join Col. Watson's in his march up Pedee. He fell in with a party of 30 foragers, and as many more to cover them; he charged them on horse-back, in M. McPherson's plantation, killed 2 and took 13 British soldiers, 2 Tories and 2 Negroes, without the loss of a man."
"Gen. Littleton reports, that the Bladen militia of N. Carolina, fell with great spirit on the rear of Lord Cornwallis's army, as he was retreating to Wilmington, and killed 13 men, and took 15 or 16 prisoners."
"Gen. Pickens reports, that Col. Clarke, on the 24th of March, had an action with Major Dunlap, near Nietny Six, killed 34, and took 42 prisoners, among the former, the Major himself is numbered."
Published by Order of Congress. CHARLES THOMPSON, Sec'y. CHATHAM, May 23.
The enemy, we hear, published a hand bill at New-York, a few days ago, in which they mention Lord Rawdon's sallying out of the Fort at Camden upon Gen. Greene, who he found so advantageously posted, that he, Lord Rawdon, was repulsed with the loss of upwards of 200 men.
STATE OF NEW-HAMPSHIRE, ft. To all whom it may concern.
NOTICE is hereby given, that Libels are filed before me, against the following Vessels, viz. its Behalf of Thomas Manning, Commander of the private armed Sloop FOX, and all concerned therein; against the Brigantine ADVENTURE, of the Burthen of 50 Tons; her Cargo, Tackle, and Appurtenances, Neil Campbell, late Master — In Behalf of Nathan Nichols, Commander of the private armed Ship ROYAL LEWIS, and all concerned therein; — Against the Brigantine JUPITER, of the Burthen of 60 Tons, her Cargo, Tackle and Appurtenances, Samuel Simes late Master; — In Behalf of Josiah Shackford, Commander of the private armed Ship DIANA, and all concerned therein, against the Brigantine ADVENTURE, of the Burthen of 70 Tons, her Cargo, Tackle, and Appurtenances, John Sterring late Master; which Vessels are said to be captured on the High Seas about the 21st Day of May, and brought into the Port of Piscataqua — For the Trial of the Justice of said Captures, a Maritime Court for the State aforesaid, will be held at the State House in Portsmouth, the 10th Day of July next, at 11 o'Clock in the Forenoon, when and where any Person concerned, may appear and show Cause (if any they have) why the same should not be condemned, and decreed forfeited.
JOSHUA BRACKETT, Judge. Portsmouth, June 7. 1781.

AN ACT
To Regulate the Proceedings for extinguishing FIRES that may be accidentally, or otherwise kindled among Buildings, to prevent the keeping Fires in unsuitable Houses and Places, to preserve Goods endangered by such Fires, and to remove or demolish Buildings judged to be dangerous to the public Safety.
WHEREAS it frequently happens when Buildings contiguous take Fire, that the People assembled to extinguish it, proceed without Order or Regularity, whereby the End in view is often defeated: And as Goods at such a Time are inevitably exposed to Plunder, some hardy, evil-minded Persons take Advantage of the Calamity and steal such Goods, whereby the Loss of such Sufferers is increased; and the Laws of this State respecting the Proceedings to extinguish Fires, &c. being found ineffectual for the Purposes for which they are made:
Therefore, BE it ENACTED by the COUNCIL and HOUSE of REPRESENTATIVES for said State, in General Assembly convened, That all and every Law of this State, and every Clause therein respecting the extinguishing such Fires, and Proceedings thereat, be and hereby are repealed and declared null and void.
And be it enacted by the Authority aforesaid, That the Freeholders and other Inhabitants of Portsmouth in the County of Rockingham and State aforesaid, being qualified Voters, may, at their Annual or other legal Town Meeting, chuse and appoint any suitable Number of Freeholders therein, being Persons of approved Ability and Fidelity, who shall be denominated FIRE WARDS, & have for a distinguishing Badge of their Office a Staff of five Feet long, painted red, and headed with a bright Brass Spire six Inches long. And the Firewards aforementioned are hereby required upon Notice of the breaking out of Fire in said Town to take with them the Badges of their Office, and immediately repair to the Place where such fire may be, and vigorously exert themselves, and require and demand Assistance of any Inhabitants of said Town to extinguish and prevent the spreading of such Fire, and to remove Goods and Effects out of any Houses or Places endangered thereby. And the Firewards may appoint necessary Guards to secure and take Care of such Goods and Effects.
And the said Firewards are hereby empowered to require and demand Assistance from said Inhabitants to pull down, blow up, or remove any House or Buildings, provided it shall be thought necessary by a Majority of the Firewards then present, for the preventing of the spreading and Progress of such Fire, and they are hereby empowered to suppress with Force, if necessary, all Tumults and Disorders, and to order and direct the Labour of all Persons present during the Continuance of the Fire, and the Inhabitants aforesaid are hereby required to yield due Obedience thereto. And if any such Inhabitant shall refuse or neglect to obey the Orders of such Firewards, or any of them in a Time of Fire, acting within his Limits, and in a Matter whereunto his Office relates, such Offender shall upon due Conviction thereof pay a Fine not exceeding Ten Pounds; provided such Offender be prosecuted therefor within six Months from the Time of committing the Offence.
And be it further enacted, That if any Person shall assume the Office of a Fireward, not being thereunto legally chosen as aforesaid, or shall use the Badge aforesaid, he shall be liable to pay a Fine of Fifteen Pounds.
Be it further enacted, That if any evil minded Person or Persons shall take Advantage of such Calamity, to plunder, embezzle, convey away, or conceal any Goods or Effects of any Inhabitant of, or resident in said Town at the time of such Fire, and shall not restore or give Notice thereof to the Owner or Owners, if known, or bring said Goods or Effects to some place appointed by the Firewards within the space of five Days after Proclamation for that Purpose, the Person or Persons so offending and being convicted thereof, shall suffer the same Pains as by Law provided in Case of Theft; and the Penalty of Ten Fold the Value of the Goods so plundered, embezzled or concealed,
And be it further enacted, That the major part of such Firewards present at any such Fire, are hereby empowered to cause any Houses or Buildings to be pulled down, blown up, or removed as they shall judge necessary to stop the progress of such Fire. And it by destroying any such Houses or Buildings as aforesaid, the Fire shall be stopped, or if the Fire shall be stopped before it reach the same, every Owner of such House or Building shall receive a reasonable Satisfaction for the Damages sustained thereby, to be paid by the other Inhabitants of said Town; to which End the Selectmen of the Town for the Time being, on Application, are hereby ordered to compute and adjust the Value of said House or Building, and the Damage sustained by the Destruction thereof as aforesaid according to Equity; and to assess the Polls and Estates in said Town liable to make good such Value and Damage, in a just Proportion as for other Town Taxes, which shall be levied as other Town Taxes are. And if such Selectmen shall refuse or neglect to adjust said Damages, or to make adequate Compensation for such Loss, the Party aggrieved may apply to the Court of General Sessions of the Peace for said County at the expiration of three Months after such Damages sustained, for Redress; which Court are hereby empowered to support, hear and determine such Complaint, and give Judgment thereon according to Equity; and in Case they find the Complaint just, shall render Judgment for the Complainant for adequate Damages and Costs, for which they shall assess the said Inhabitants, except the Complainant, in Manner as the Law directs the Selectmen to do for other Town Rates, which shall be levied and collected in the same Manner as other Town Taxes, and paid by the Collector to the Complainant. But it is to be understood, that if the House or Building wherein, or whereat the Fire first begun, be pulled down, or blown up by Order of said Firewards, or when any other House or Building shall be pulled down, or blown up by Order of said Firewards to stop the progress of the Fire, and it is not stopped thereby, and it appears to the Firewards that the same must have been absolutely burnt had it not been pulled down, or blown up; in such Case, the Owner of any such House or Building shall not be entitled to such Compensation as aforesaid.
Be it further enacted, That the Firewards of said Portsmouth, or the major Part of them are hereby empowered to inspect and search all Houses and Places within their Limits, wherein they apprehend any Danger may arise for want of Repairs of Buildings or Chimneys, or from not laying a good foundation for Fire Places, or by Reason of bad Chimneys, or Hay, or other Combustible Matter being so near or so exposed to Fire as to be likely to take Fire thereby to communicate it, in all or any of which Cases, it shall be the Duty of the said Firewards to inspect and search as aforesaid, and to order the Owner or Occupant of any such Dangerous Houses, Chimneys or Places to make such Amendments, Repairs and Alterations therein as the said Firewards shall judge necessary for the public Safety, which shall be made accordingly within thirty Days (unless the Firewards think fit to lengthen that Time) from the Times of giving Notice to the Owner or Occupant. And if the same shall not be done according to such Order, then the said Firewards or major Part of them, are hereby empowered to cause the same to be done, and the Selectmen of said Town for the Time being, are hereby required to furnish Money for that Purpose. And the said Selectmen in behalf of the Town shall have and maintain in Action against the Owner or Occupant aforesaid for the Money so advanced, & the reasonable Services of said Firewards in causing the same to be done; which Action the said Selectmen shall recover double Costs. And every such decayed Building in which the Owner does not dwell or occupy, which said Firewards apprehend to be dangerous and not worth repairing, they may cause the same to be demolished, at the Cost of the Owner or Occupant, to be recovered as aforesaid; but the Materials shall remain for the Use of the Owner, except when the Owner or Owners live out of this State, and there is no Occupant in said decayed and dangerous Build-
ings, the Charge of demolishing such Buildings shall be defrayed by Sale of the Materials; and the overplus Money (if any) after deducting said Charge and Expence of Sale, shall be deposited in the Hands of the Selectmen of said Town, for the Use of said Owner or Owners.
And any Tenant who shall be obliged to pay any Sum of Money by Virtue of this Act, where his Lessor ought to have paid the same, shall be allowed for the same out of the Rent of the Tenement he holds and may justify the withholding so much from the Owner or Person to whom the same is payable, unless the Parties concerned shall otherwise agree and adjust the Matter.
And be it further enacted, That every House of two Stories high, which has four Fire Places, shall be provided with one Leather Bucket; every such House having six Fire Places, should be provided with two such Buckets, and having eight or more Fire Places, with four Buckets as aforesaid, fit for and to be used in the Case of the Breaking out of Fire; which Buckets shall be provided and constantly kept for the Use aforesaid, at the Charge of the Owner of every such House. And every House shall have thereon a good secure Ladder or Ladders, reaching from the Ground to the Ridge Pole, provided by the Owner or Occupant; and if provided at the Charge of the Occupant to be allowed as aforesaid. And if any Person or Persons shall neglect to provide and keep said Buckets and Ladders as before required herein, each Person so offending shall pay Two Pounds for every three Months neglect therein. And the said Firewards are hereby authorized to examine and determine as to the Observation and Compliance with this Act, and shall be allowed as competent Witnesses in any Suit that may be commenced for any Forfeiture incurred by Virtue of this Act. And all such Fines and Forfeitures shall be applied by the Firewards to purchase Tools and Instruments proper to be used at such Fires as may accidentally or otherwise happen in said Town.
And whereas it may not be necessary at present to oblige the Owners of Houses situated at a Distance from the compact Part of said Town, though within the Limits thereof, to provide Buckets as this Act directs.
And whereas there may be some Persons within the compact Part of the Town unable to procure such Buckets within the Time prescribed:
Therefore be it Enacted, That it shall be in the Power of the Firewards as they shall judge proper, to excuse the Owners of any such detached Houses from providing such Buckets; and also to grant a further Time not exceeding one Year, to such Persons living in the compact Part of said Town, as the Firewards shall judge unable to procure such Buckets at present, and to substitute other kind of Buckets for that End in the mean Time.
That all Fines and Penalties inflicted by this Act, be deemed and taken in Silver Money at the Rate of Six Shillings and Eight Pence per Ounce, or the Value thereof in any current Paper Bills of Credit.
And be it further enacted, That any Town or Towns in this State, at their Annual Meeting, or any other Meeting called for that Purpose, may adopt the aforesaid Act; in which Case it shall be considered to extend to such Town or Towns adopting the same, as fully to all Intents and Purposes as to the Town of Portsmouth.
THE FIREWARDS of this Town notify the Inhabitants, to conform to the above LAW in every Respect, more especially in providing themselves with Ladders and Fire Buckets, within the Time mentioned in said Act, which will prevent the disagreeable Necessity, of each Person, that shall be deficient therein, being called upon for their Fines.
The Firewards also request of the Inhabitants, that when they know of any Buildings or Chimneys that endanger the Town, they would notify them of the same, that they may take such Steps as the LAW directs.
Portsmouth, June 5, 1781. The foregoing Act passed the General Assembly of this State, April 6, 1781.
Portsmouth: Printed by D. Fowle, 1781.