The New-Hampshire gazette and historical chronicle (Portsmouth, N.H.), 1775-08-29 00:00:00

THE New-Hampshire AND HISTORICAL CONTAINING the Freshest ADVICES
Vol. XIX. GAZETTE, CHRONICLE, FOREIGN AND DOMESTIC.
TUESDAY August 29, 1775.
No. 984 | Weeks since this Paper was first publish'd. }
P O R T S M O U T H, A Definition of the Terms WHIG and TORY.
IT is a Privilege highly to be esteemed, that we yet enjoy the free Liberty of the Press; that every free Citizen may publicly speak his Sentiments, and that with Boldness; and may candidly discuss any Point he pleases. Among others, I venture abroad, and intend to speak just as I think; if I am wrong in any Affirmation, I will thank any one to convince me of it; if in the Path of Truth, I should be happy to correct any unnoticed Error. My present Design is just to observe, with a few Hints, on a present reigning Abuse, of what we are contending for, true Liberty ; in a Point of much Concernment to the Peace and good Order of this Province in general; and in a more particular Manner to the Town of Portsmouth, to whom I especially address myself: Unhappy Place, what from Enemies without and Enemies within, has for three months past been almost in frequent Alarm; scarcely a Week but either Men in Arms, or in Liquor, sometimes in both have disturbed it & reduced the Interest of the Inhabitants, the Fruit of many Years Industry, to a tottering, precarious Condition: Who these Regulators are, & what their Motives, I shall, previous to my own Definition of Friend or Enemy to the Country, point out. I will fairly State their Reasoning (if Absurdity may be called Reasoning) just as I have heard them confess; or as I am able myself to conjecture it. I speak to the reasonable Part of Men, not to those whose Ignorance renders them incapable, or too wilfully obstinate, to be convinced. This Abuse arises from the Ignorance or designed Mistake of the Terms Whig and Tory ; the Former and Latter, according to their Conception, shall be first considered.
Among the chief of all, are those who are honoured with a Royal Commission, or exert any civil Authority under our KING; say these Regulators, they have sworn to be faithful to their King and Country; consequently cannot serve their Country, as tho' the Interest of King was not the best Interest of his Subjects; I affirm, that their Oaths no Ways impede their Service to their Country in any Shape whatever: they couple with these their Kinsmen and Acquaintance; say they, no Tree naturally bears different Fruits; and a Man is known by his Company.---Why then I ask are we not all alike tempered, since we all originated from one common Father? Men's Judgments differ as their Faces.
The next in order, are those who are so unfortunate as to have been born in the North Part of Britain; I dare not call them by the Name of their Country, it carries along with it so ill an Impression; how hard is it that all inclusively should be branded with that ignominious Epithet; just as tho' the beneficent FATHER of Mankind did not in common with other Men inspire them with a Spirit of Liberty.---Much better had it been for them to have stayed at Home and starved, than that their Industry should have led them where they meet with such Disgrace: I never heard any Reason offered.---I conjecture it, because most Men say so, what every one says must be true; tho' I have heard common Fame is a common Liar.
The third and last Order are Men of Interest; who say they are so prejudiced to their own Interest, that they forget the Public's; when those who have nothing to lose, tho' something to get, can have nothing to Prejudice them.
There are many others, but their Distinctions are so metaphysical, and fine spun, I cannot comprehend them. Who are esteemed as Friends by these Men, are Lovers of Riot and Confusion, who shall be particularly instanced presently.
Now I will define who are Friends to their Country, and who not; I will make my Definition agree with the Reasonableness of Things, and (excepting these Men) with the general Acceptation throughout the whole united Colonies.
They alone are Friends to the Country, who steadily follow, and govern themselves according to the Recommendation of such Powers as are of Necessity constituted; such as the Continental and Provincial Congresses and Committees of Safety; and make their Laws in Conjunction with the Laws of the Land, the Rule of their Conduct.
Those are Enemies, who conform their Conduct to no other Rule but their own Caprice and Humour: yet these by some are esteemed Friends to their Country; is it possible! I affirm it for Truth, deny it who can, I have heard the Man who has acted directly counter both to the Continental and Provincial Congresses and Committees of Safety termed a high Whig and pulickly honored as such.
Now, take heed, fellow Townsmen, remember Wolves are sometimes in Sheep's Clothing ; that it is not all Gold that glitters, and a long Visage with the Appearance of Sanctity, is but too often a Cloak for Maliciousness; be not led away by such Men, and like Juno of old, leaving the Substance embrace the Shadow.
A. Z.
Mr. Printer, SEEING in your last Papers some Thoughts on a LOAN-MONEY , I think the Writer has not mentioned several Circumstances attending this Money.---The Expences of the Armaments will load the Colonies with heavy Taxes, which must be paid by every One in proportion to his Abilities, Trade being wholly at a Stand, the Taxes will fall mostly upon the Real Estates, and without some Method taken to assist them, the Consequences must be distressing; for suppose a Person to have only a House & a small Piece of Land, and no Business to support his Family; the Taxes are made, and his Estate assessed with its proportion, what is he to do to pay it? he must be distressed, and either obliged to sell some of his personal Estate to a great Loss, or encumber his real Estate; and perhaps sell it for half its Value, but by being able to borrow at the Loan Office, his Estate may be preserved to him until the public Affairs takes another Turn. I am clearly of Opinion with this Writer, That every Part of the Province will receive a Benefit, and particularly the Farmer, & have heard many Persons not only hope to have such a Currency established, but are very desirous of a Petition for that Salutary Purpose.---if there can be any disadvantages attending it, they ought to be communicated to the Public, if not, surely at this distressing Period, every Measure ought to be adopted to make the People happy and easy under their Burthens, especially when it is asserted that other Colonies take the same Methods to their general Advantage.
CAMBRIDGE, August 24.
We hear from Swansey, that Capt. Dayley arrived there a few Days ago, and advised that he spoke with a Vessel on the Coast, bound to Philadelphia, commanded by Capt. Bambridge, who sailed from London on the 26th of June, and informed, that the Right Hon. John Wilkes, Esq; Lord Mayor of London, at the Head of the Livery of that City, had waited upon the King, and demanded that no more Troops should be sent to America, as the
Kingdom was in a defenceless State, while France & Spain were arming & preparing for War; on which the King promised that he would not send any more of his Forces to this Continent; And that Lord North had been hissed by the Populace while riding through the Streets in his Coach. Capt. Bambridge informed Capt. Dayley that he had a Number of late London Prints on board, some of which he would spare; but there being a large Swell, Capt. Dayley thought it not prudent to venture on board in his Boat to procure them.
Last Week arrived at the Camp in this Place. Swansey the Chief, with four other Indians of the St. Francois Tribe, conducted hither by Mr. Reuben Colburn, who has been honorably recompensed for his Trouble. The said Indian came hither to offer their Service in the Cause of American Liberty, have been kindly received, and are now enter'd the Service. Swansey says he will bring one half of his Tribe, and has engaged 4 or 5 other Tribes, if they should be wanted. He says the Indians of Canada in general, and also the French, are greatly in our Favour, and determined not to act against us.
Samuel B. Webb, Esq; of Wethersfield, a Lieutenant in Maj. Chester's Company, is appointed Aid de Camp to Major General Putnam.
The Honorable Council of this Colony have been pleased to appoint the Hon. Samuel Adams, Esq; Secretary, and Pease Morton, Esq; Deputy-Secretary, for the Colony.
His Excellency General Washington has been pleased to appoint John Parke, Esq; of Philadelphia, Assistant Quarter-Master-General.---And John Trumbull, Esq; of Connecticut, and Richard Cary, Esq; late of Charlesstown, in this Colony, Majors of Brigade, in the American Army.
Several Defectors from the Enemy have arrived at our Camp within a few Days past. From the Intelligence they brought, and some Circumstances in the Conduct of the Enemy, it has been apprehended by some that they intended, this Week, to make an Attack on some of our Posts. Others conjecture that they are weary of Yankee Fighting, and will e'er long, in a violent Fit of Madness, evacuate the Town; at least, that they will not dare to attempt to occupy it during the ensuing Winter.
It is confidently said, that General Gage has lost since 18th of April last, in the Engagements that have happened, and by Sickness and Defection, Two Thousand Five Hundred Men.
We are informed that the Negroes in Boston were lately summoned to meet at Faneuil Hall, for the Purpose of chusing out of their Body a certain Number to be employed in cleaning the Streets; in which Meeting Joshua Loring, Esq; presided as Moderator. The well-known Cesar Meriam opposed the Measure, for which he was committed to Prison, and confined till the Streets were all cleaned.
The following, taken from the Worcester Paper of last Week, containing a more particular Account than before published of the late Action at Cape Ann, we now insert it.
Glocester, August 13. "On the 9th inst. the Falcon sloop of war, Capt. Linzee, hove in sight, & seemed to be in quest of two Schooners from the West-Indies bound to Salem, one of which he soon brought too, the other taking the advantage of a fair wind, put into our harbour; but Linzee having made a prize of the first pursued the second into the harbour and brought the first with him. He anchored and sent two barges with fifteen men in each, armed with muskets and swivels, these were attended with a whale boat, in which was the Lieutenant and six privates; their orders were to seize the loaded Schooner and bring her under the Falcon's bow. The militia and other inhabitants were alarmed at this daring attempt, & prepared for a vigorous opposition: The barge-men under the command of the Lieutenant, boarded the Schooner at the cabin windows, which provoked a smart fire from our people on the shore, by which three of the enemy were killed, and the Lieutenant wounded in the thigh, who thereupon returned to the man of war. Upon this Linzee sent the other Schooner and a small cutter he had to attend him, well armed, with orders to fire upon the damnd rebels wherever they could see them, and that he would in the mean while cannonade the town; he immediately fired a broad-side upon the thickest settlements, and fired himself with diabolical pleasure to see what havoc his cannon might make, "Now, (said he) my boys, we will aim at the damnd presbyterian church.---Well my brave fellows one shot more and the house of God will fall before you." While he was thus venting his hellish rage, and setting himself as it were against heaven, the Almighty was on our side, not a ball struck or wounded an individual person although they went through our houses in almost every direction were filled with women and children; under God, our little party at the water-side, performed wonders, for they soon made themselves masters of both the Schooners, the cutter, the two barges, the boat, and every man in them, and all that pertained to them: In the action which lasted several hours, we lost but one man, two others wounded, one of which is since dead, the other slightly wounded.---We took of the men of war's men thirty-five, several were wounded and one since dead; twenty-four were sent to head-quarters, the remainder being impressed from this and the neighbouring towns were permitted to return to their friends. Next day Capt. Linzee warped off with but half his men, never a prize boat nor tender, except a small skiff the wounded Lieutenant returned in."
NEW-YORK, Aug. 17.
A Gentleman in London, possessed of a large Estate in the Island of Antigua, we are well assured has given Orders to his Overseer not to plant any Sugar-Cane this Year; but to improve his whole Plantation with Yams, Potatoes, &c. in order the better to support his Slaves, during the present Prohibition of Provisions from North-America.
Extract of a Letter from Philadelphia, dated August 12, 1775. "By the London Papers, (to the 20th June) we learn that about the 1st of that Month, 3 Transports from England for America having on Board Col. Dalrymple and Col. Grant the valiant Speech Maker , about American Cowardice. It is probable that one or more of these Vessels is bound to New-York."
"Yesterday arrived a Ship from Cork, with a Major French, of the 22d Regiment, a Lieut. and a Cadet, a Servant, a Soldier, & upwards of 40 Bales and Packages, all which are in the Hands of the Committee of Safety. The Officers were conducted to Town from Gloucester Point, where they had landed, by Captain Brad-ford's Company, and several Volunteers from other Companies."
Extract of another Letter from Philadelphia, dated Aug. 15, 1775. "Yesterday a Seizure was made of Major French, of the 22d Regiment; Ensign Rotter, and a Cadet, Dermot, who came Passengers in a Ship from Cork; and also 45 Packages of Baggage,
among which there is Cloathing for 1500 Men: The Whole is safe Landed and in Store. These three Gentlemen have given their Parole of Honour, not to act against the united Colonies for Twelve Months, unless exchanged. They are to be sent to General Washington's Head Quarters."
The following is the best Account we are able to collect, of the late Expedition of the Piratical Regular Traitors to the English Constitution, and the British Colonies, in plundering Fisher's, Gardner's, Plum and Black Islands, of Stock, Provision, &c.
The Design of the Regulars, to plunder these Islands, having been communicated to the Inhabitants and Proprietors by the Congress of New-York, and other Intelligencies, as early as Tuesday the 8th, there was Time to have taken off all the Stock; & if Time was actually taken off; But some Differences having arisen between the Proprietors and the Committees, concerning the Expence of the Business, before any Thing could be determined, the Ships of the Enemy appeared in Sight.---Dispatches were immediately sent to alarm and assemble the People on the Connecticut and Long-Island Shores, who, notwithstanding the utmost Haste they could make, were too late to prevent the Design of the Enemy, who on Friday the 11th approached Gardner's Island, with the following Vessels and Forces, 7 Transport Ships, 2 Brigs, 2 Men of War, 2 Snow of 10 Guns, 1 armed Schooner of 17 Men, and 200 Regulars, as reported by the Sailors, landed on the Island and assisted by so villainous Tories from South Hold, &c. took off the following Stock, &c.
By the Account of Benjamin Millar the Overseer, 1000 Sheep, 30 Hogs, 13 Geese, 3 Calves, 1000b Chees, 7 Tons Hay, were taken off, and much Damage done to Gardens, Fences, Fowles, &c. When they went away, they left on the Table half a Guinea and a Pistareen.
Signed by Benjamin Millar. And attested. Besides the fore-mentioned Stock from Gardner's Island we are informed that the same Crew of Free Booters, took from Fisher's Island, 26 Fat Cattle, and about 1000 Sheep; also from Plum-Island, 14 fat Cattle: At this last Island they had only one Prize Wood-Boat and a Transport Brig. On their Arrival and landing on one Side of the Island, they were fired upon by about 100 of Col. Wooster's Provincials, who had landed on the other Side.---But it being represented to the Commanding Officer, that the Island was nearly surrounded by a Number of the Enemy's armed Vessels, who would be likely to cut off their Retreat, they fired but one Volley, which did not appear to have done any Execution, and then retired to the main Land, when the 14 Cattle were taken off.
It is the Opinion of good Judges, that only 200 Provincial Soldiers well posted on either of these Islands, would have repelled the Attack made upon it by the Regulars.
The Number of Men who appear'd to oppose these Depredations of the Regulars, is supposed to exceed a Thousand.---with Whose Boats ready to carry them to the Scene of Action? But being deceived by false Intelligence, and turned back, only one Company of about 40 went to Gardner's Island, where they arrived in Time to see the Enemy under Sail, and in a few Hours after their Departure.
HARTFORD, Aug. 21.
We hear three Regiments of Troops raised by the Province of New-York, have marched to join General Schuyler at Ticonderoga.---When all the forces ordered for that Place shall arrive, the army will consist of about 7000 Men, and their Destination it is reported, is Canada.
PHILADELPHIA, Aug. 10.
A Letter from Cape Francois dated the 22d ult. says, "A Vessel is just arrived from Dunkirk, in a short Passage, which informs us there are great Commotions in London on Account of American Affairs, and that many Thousands had surrounded the Palace, insisting on a Redress of American Grievances, but his Majesty had retreated to Kew."
TO THE PUBLIC.
THE Subscriber, Abraham H. Van Vleck, of the City of New-York, Merchant, knowing that I have committed a most atrocious Crime against my Country, by contravening one of the Recommendations of the Honorable Continental Congress, in shipping Provisions to Nantucket, and being heartily desirous of extenuating my Crime by any Means in my Power (though I am convinced at the same Time that no Pecuniary Gift, or any Submissions whatever, on the Part of an Individual of the Community, can atone for any Offence committed against the same) I do hereby without the least Compulsion, make a free and voluntary Gift of the Sloop Henry, and her Cargo, to Messrs. Isaac Sears, Oliver Templeton, Edward Fleming, and Daniel Phenix, in Trust for the Benefit and Advantage of the Poor of this City, giving and granting, to the said Gentlemen, full Power and Authority to dispose of the same in any Manner, as they may think best for the Advantage of the Poor; and if I can in any other Manner give further Satisfaction to the Public, I shall gladly embrace the Opportunity. I do not expect that my fellow Citizens will take me immediately into Favor, but that they would so far condescend, as to let me pass un molested:---As to my unhappy Family, I hope the good People of New-York have too much Humanity to punish the innocent with the Guilty.
I am the Public's most afflicted Servant, ABRAHAM H. VAN VLECK.
New-York, Aug. 4, 1775. The foregoing Method of Recantation is thought to be the most effectual of any that has been hitherto practised; and it is hoped that all recanting Gentlemen, in future will not fail to imitate so good an Example, & give Proofs of their Sincerity equally substantial.
NORWICH Aug. 21.
This Morning an Express arrived at Lebanon to his Honour the Governor, from his Excellency General Schuyler at Ticonderoga. The Particulars have not yet transpired, but his Honour immediately sent off an Express to Col. Mott, chief Engineer, (then at Preston) intimating that it was the General's Orders that he should immediately repair to that Place. Something of Importance, we imagine will soon be heard from that Quarter.
On the Arrival of the Express from Ticonderoga this Day, the Governor summoned the Council to meet at Labanon, where they are now sitting.
Colonel Samuel Mott, Esq; passed through this Town To-Day, in his Way to Ticonderoga.
L O N D O N, June 10.
Britain beats Spain; America and Britain beat France; America alone beats Britain; Broughton beat Taylor; Taylor beat Slack; Slack beat Broughton; Hallowell beat Graves, good luck! good luck!

Salem, Thursday Morning, Seven o'Clock. Extract of a Letter from a Gentleman of Character in Cambridge, to the Printer hereof, which came to Hand last Evening, & it is with the utmost Pleasure we as early as possible communicate the same, together with the annexed Paragraph, to the Public, not doubting of their authenticity.
Cambridge, Wednesday Aug. 23, 1775.
Mr. RUSSELL,
WITH the greatest Satisfaction, I send you the following important News, which no one but myself is master of, namely, Capt. Daly late of Charlestown, (where in his absence, his house was burned with the rest of that place) arrived here on Monday last from Swansey, where he left his ship the Flora, bound from Surinam with coffee, cocoa, sugar, molasses, &c. The day before he entered that port, viz. on Thursday the 17th instant, he spoke with Capt. Bambridge, of the ship Dublin, bound to Philadelphia from London, which he left the 26th of June. He assured him a mob had risen on Lord North, and wounded him, on which he was forced to take refuge in the King's Palace, not in France as reported. The Parliament House was not pulled down as reported; but that there were universal confusions from north to south, east to west through England and Ireland. Lord Mayor Wilkes had assembled a Common Council, and went with them in a body of near fifteen thousand to the King; demanded audience; had it; represented the universal dissatisfaction of all his subjects at the vast armaments of France and Spain, pretended indeed against a little town in Barbary, but apparently for a more important object, while the KING was leaving Britain defenceless by sending all his troops to fight his own subjects in America; and insisting no more should be sent, which the KING promised on his Royal Word and Honor, and pawn'd his Crown and Dignity he would send no more. I had the whole of the above intelligence from Capt. Daly himself, on Monday last at sunset.
Your's &c."
By a Gentleman just arrived from Philadelphia, we have received the following interesting and agreeable intelligence, viz.
That a ship was arrived there from London which was bound to Boston, with a Major and two other officers belonging to the regular service, and about seven hundred suits of cloaths designed for the ministerial troops, but the Captain of the Ship being a true friend to the American cause carried her into Philadelphia.
NEW-YORK August 14.
By Accounts received (via Antigua) we are informed that the great Spanish Armament was met going to Algiers. The Vengeance of that Nation seems to be immediately levelled against their old Enemies the Mahometans, and so formidable is their Force in this Expedition, that it is generally imagined his Catholic Majesty aims at the entire Conquest of that Country, and annexing it to the Spanish Realm. It is the finest Corn Country upon the Earth, was the grand Granary of ancient Rome, and is much healthier than any of the Spanish Dominions.
MASSACHUSETTS-BAY.
In the House of REPRESENTATIVES,
Watertown, August 10, 1775.
INASMUCH as the Time prefixed by the Continental Congress, prohibiting all Exportation to Great-Britain, Ireland and the English West India Islands, is not yet come,---yet at this Colony in Union with the Sister Colonies on this Continent are unhappily engaged in an unnatural War with the Parent State, it behoves us under such Circumstances to take all possible Precaution that none of the Inhabitants of this Colony supply those who are seeking our Ruin, with Provisions or any Materials that shall enable them to execute their cruel Designs against us:
Therefore RESOLVED,
That from and after the 15th Day of August Instant, no Ship or Vessel shall sail out of any Port in this Colony, on any Whaling Voyage whatever, without Leave first had and obtained from the
Great and General Court of this Colony, or from some Committee or Committees, or Persons they shall appoint to grant such Leave, and that it be recommended to the Hon. Board to write Letters to the several Assemblies of the other New-England Colonies, advising them to pass a similar Resolve,---and likewise that this Resolve be printed in the several News-Papers of Cambridge & Watertown, and in Hand-Bills, and that Capt. GOODMAN and Capt. STONE, with such as the Hon. Board shall join, be a Committee for getting the same printed and dispersed to the several Sea-Ports in this Colony.
Sent up for Concurrence,
JAMES WARREN, Speaker.
August 14th, 1775. In Council, Read and Concurred. And Dr. Taylor is joined.
PEREZ MORTON, Secretary P. T.
Consented to,
James Otis,
B. Greenleaf,
W. Spooner,
Caleb Cushing,
J. Winthrop,
John Whitcomb,
Enoch Freeman,
Jed. Foster,
James Prescott,
Charles Chauncy,
Eldad Taylor,
S. Holten,
Jabez Fisher,
Moses Gill,
Benj. Chadbourne,
A true Copy,
Attest,
PEREZ MORTON, Secretary P. T.
One of the Lords in Administration was actually at St. Dunstan's Church on Thursday Evening to offer up his Prayers for the arrival of the Subject, and good News from the King's Friends in America.
[London June 10.]
To the Printer of the PENNSYLVANIA EVENING POST.
S I R,
June 1775.
A S Thomas Gage, Esq; has, the 12th Instant, issued a second illegal Proclamation at Boston, in the usurped Character of Governor of the Province of Massachusetts-Bay, all Title to which he had long since constitutionally forfeited, by destroying the Lives and Properties of the good People he was appointed to protect, by trampling upon the Laws and subverting the Constitution of that Province, and by many other sanguinary, base & wicked Actions, in direct violation of his Duty to the King, his Country, and his God: And he has therein declared MARTIAL LAW ONLY to be in force throughout the whole of the said Province, and all his Majesty's faithful and loyal Subjects within the same, and those who hold any Correspondence with them Rebels, it may be of Use to many of your Readers to have accurate and legal Definitions of Proclamation, Martial Law, Allegiance and Rebellion.
A PROCLAMATION is a Notice publickly given of any Thing, whereof the King thinks fit to advertise his Subjects, and must be under the great Seal; but it can have no other legal Operation than for prevention of Offences, to admonish the Subjects to keep the Laws, and not to offend them, upon punishment to be inflicted by the Law. The King cannot, by his Proclamation, create any Offence which was not an Offence before, nor convict any of his Subjects of any Crime, for if he could, he might alter the Law of the Land; and he hath no Prerogative, but that which the Law of the Land allows him. 12 Co. 75.
"MARTIAL LAW, which is built upon no settled principle, but is intirely arbitrary in its Nature, is in Truth and Reality no Law, but something indulged rather than allowed as a Law. The Necessity of Order and Discipline in an Army is the only Thing which can give it Countenance, & therefore it ought not to be permitted in Time of Peace, when the King's Courts are open for all Persons to receive Justice according to the Laws of the Land. Wherefore Thomas, Earl of Lancaster, being condemned at Pontefract, 15 Edw. II. by Martial Law, his Attainder was reversed 1 Edw. III. because it was done in Time of Peace. And it is laid down, that if a Lieut. or other that hath Commission of martial Authority, doth in Time of Peace hang, or otherwise execute, any Man by Colour of Martial Law, this is Murder, for it is against Magna Charta." 1 Blackstone's Com. 412. "If in Time of Peace a Commission issue to exercise Martial Law, and such Commissioners condemn any of the King's Subjects (not being listed under the Military Power) this is without all Question a great Misprision, and an erroneous Proceeding; and the Exercise of it, in Point of Death, is Murder, in both the Judges and Officers. 1 Hale's, H. P. C. 499—500. Co. P. C. P. 52.
ALLEGIANCE or LIGEANCE is a true and faithful Obedience of the Subject due to his Sovereign, and the Duty of the Sovereign to govern and protect his Subjects: Merito igitur ligeantia dicitur a ligando, quia continet in se duplex ligamen. "It is therefore properly called Ligeance from (Ligando) binding, because it contains in itself a double Band." Allegiance is of two kinds, 1st. Original, virtual and implied, 2dly. Expressed, or declared by Oaths or Promises. The first of these arises from that Protection which every Subject hath from the King & the Laws, and is due to the natural and not to the politic Person of the King, & from the Breach thereof ariseth the Crime of High-Treason. The
second is either by the common Law or by particular Acts of Parliament, and amounts to no more than a Confirmation of the other. 7. Coke. Calvin's Case—1 Hale's, H. P. C. 59—61. 2 Vent. 3.
But all Allegiance must be proportioned to the Frame of the Government, and the End of that Frame.---Therefore if the Frame be not to establish arbitrary Power, the Subject cannot owe arbitrary Allegiance. It must of Course be bounded by our Laws, and not the Will and Pleasure of a King.
REBELLION is the resisting the just and lawful Power of Government; and if so, its no Rebellion to resist an unjust and usurped Power; for it would then be Rebellion to resist Rebellion, and there would be no just Defence against the exorbitant Power of Rulers. The opposing an arbitrary Measure, or resisting an illegal Force, is no more Rebellion than to refuse Obedience to an Highway Man who demands your Purse, or to fight a wild Beast, that came to devour you. It is morally lawful, in all limited Governments, to resist that Force that wants political Power, from the petty Constable to the King. If a Commission should be granted to a Company of Ruffians to plunder and massacre, they might have something of the King's Affections, but no more of his Authority than private Robbers, and consequently might be resisted with equal Honesty. They are Rebels who arm against the Constitution, not they who defend it by Arms.
From these Definitions, which are strictly legal, it clearly follows that Thomas Gage, from his Actions, is a Robber, a Murderer, a Traitor and a Tyrant, and that he and all his Adherents ought to be apprehended and bro't to condign Punishment; tho' if they forthwith desist from such atrocious Crimes, and become good Subjects, I would yet intercede for Mercy to be extended to any of them, except the said THOMAS GAGE, and a certain TIMOTHY RUGGLES, being Proto-Rebels and the most wicked Parricides
A FREEMAN.
Abiah Holbrook
R ESPECTABLY informs his Friends and the Publick, he intends to open a School on Monday the fourth of Septem. at a House near the Reverend Doctor HAVEN's, where Children of both Sexes will be taught READING, WRITING and ARITHMETIC, in the most concise and methodical Manner, and upon very moderate Terms.
Those Gentlemen and Ladies who may confer the Tuition of their Children, may be assured that every Faculty will be exerted to their Children's Advantage; and a constant Endeavour to give Satisfaction.
Portsmouth, August 24th, 1775.
China-Mending
P ERFORM'D in the neatest and best Manner, by JOHN DAVENPORT, at his Shop at the lower End of Queen-Street, Portsmouth; where the Goldsmith's and Jeweler's Business is carried on as usual.
Richard Wibird Penballow.
(Has open Hand) for Sale, at his Warehouse on long Wharf, the following Articles for Cash on'y, viz.
A few Bolls of Russia Duck, 24d, 30d, and 40d Deck Nails, 4d, 10d, and 20d Ditto, Sheet Lead, best of London Pewter, Role Brimstone, Houflin and Marlis, Headlaws, Bellewes, Stock Locks, &c. &c.
W HEREAS James Butler of Barrington, the Husband of me the Subscriber, has shamefully abused me, without any just Cause, and charged me with eloping from his Business, & posted me in the publick Prints, forbidding any Person crediting me;---This is to give Notice, that I never run him in Debt one Farthing; but he has turned me out of his House, with a Child three Years old, to shift for myself and Child; & keeps all the Household Furniture, and my Cloaths, which I carried to him; and though I could expose him in many Instances, I forbear, in hopes he will be sorry for what he has done, and restore my Character, (which he has unjustly injured) in as publick a Manner as he has endeavoured to take it away.
PRISCILLA BUTLER:
Barrington Aug. 10, 1775.
Strayed or Stolen from Gerrish's
Island last Week, a black Horse, about 14 Hands high, with a small Spot of white in his Face, a large Belly and long Tail, a Scar on one of his Thighs, paces and trots, chiefly the latter; supposed to be 8 or 10 Years old. Whoever shall take up said Horse and convey him to the Rev. BENJAMIN STEVENS of Kittery, shall be well rewarded for their Trouble.