« PredošláPokračovať »
The public are already so well acquainted with are hereby declared to stand suspended from the the rancorous, unmitigated, and we may add, execution of their several offices, until they thall impolitic persecution of the loyalists, in all parts appear at some future assembly, and be restored to of the United States of America, that it is the execution of their respective offices, or reunnecessary to accumulate documents on that moved, agreeably to their merits or demerits. subject. Íhe exceptions made in the following Provided that nothing herein contained thall be act of oblivion breathe but too much of the construed to exclude a Justice of the Peace from same implacable spirit:
executing the duties of his office, who shall make An ACT of Pardon and Oblivion by the it appear to the fatisfaction of the court of his State of North-CAROLINA.
county, by oath or otherwise, that he was taken
prisoner without his consent and privity, and that WHEREAS it is the policy of all wise states after his capture, he had not voluntarily staid on the termination of all civil wars to grant an with the enemy, nor taken an active part in any Act of Pardon and Oblivion for past offences. manner, by furnishing them willingly with proAnd as divers of the citizens of this state, and visions, bearing arms, or accepting any appointother the inhabitants thereot, in the course of the ment in their civil regulations. late unhappy war, have become liable to great Read three times, and ratified in pains and penalties for offences committed against General Assembly the 17th May, the peace and government of this State; and 1783. the General Affembly, out of an earnest desire
RD. CASWELL, S. Senate. to observe the articles of peace, and on all occa
E. STARKEY, S. Commons, fions disposed to forgive offences rather than punith where the neceflity for an exemplary punish The following protest is the only attempt that ment has ceased; be it therefore enacted by the has been publicly made towards leflening the General Allembly of the State of North-Carolina, persecution againít that unfortunate description and it is hereby enacted by the authority of of men: the same, that all and all manner of treafons, mil
New-England, July, 15th, 1783. prifion of treason, telony, or misdemeanor, com THE General Court here passed an act lait mitted or done fince the 4th day of July, 1776, by session, respecting persons who formerly left the any person or persons whatsoever be pardoned, State, which occafioned a protest by some memrelcated, and put in total oblivion.
bers of the Lower House. It is said to be the Provided always, that this act, or any thing first of the kind that is entered on their journals. therein contained, shall not extend to pardon or “ Differt.-1. Because we apprehend other dilcharge, or give any benefit whatsoever to per- provision might have been made, consistent with fons who have taken commislions, or have been the constitution, and at the same time more denominated officers, and acted as luch, to the effectual for the purpose of preventing the reKing of Great-Britain; or to such as are named turn of persons who have leti this State, and in any of the laws, commonly called confifcation joined the enemies of the United States, than laws; or to such as have attached themselves to that provided in the paragraph aforesaid.” Such the British, and continued without the limits of conftitutional and more ettectual provision was the State, and not returned within twelve months moved and urged by the dillentients and others, previous to the paising this act.
as a substitute in place of the said paragraph, Provided further, that nothing herein con and is as follows, viz. “ Provided, nevertheless, tained thall extend to pardon, Peter Mallet, Da- that if any perlon committed as atoresaid, thali, vid Fanning, and Samuel Andrews, or any per. before the warrant is made out by the governor son or perions guilty of deliberate and wilful to send him out of the State, petition the govermurder, robbery, rape, or house-burning, or nor, he shall, with the advice of counsel, appoint any of them, any thing herein contained to the three justices of the county, quorum unus, where contrary notwithitanding.,
such person stands committed, to issue their preProvided neverthelets that nothing in this act cept for a jury to be drawn out of the superior Thall be construed to bar any citizen of this State court box, and summoned to appear at a certain from their civil action for the recovery of debts time and place, and to enquire on oath whether or damages.
the person to committed is within the act aforeProvided also that nothing herein contained faid; and if the jury thall return their verdict, thull entitle any perton, by this law to be relieved, that such person is not within laid act, then he to elect or be elected to any office or truit in this Thall be discharged, and not be traniported; but State, or to hold any office civil or military: such person thall not be liberated from his con
And whereas, by an act pafled at 'Wake- finement until a verdict is so given in his favour: Court-House, all officers, civil and military, who and in every luch case the justices thall appoint had taken parole were suspended from the exe some meet person to act as counsel on behalf of cution of their respective offices, and required to government, at the expence of the Commonappear at the next General Allembly, to fhew wealth. And the person petitioning for such tryal cause, if any they could, why they ihould not Thall pay all the costs thereof, in the same manner be removed from the said office; and, whereas le as other persons are obliged to do in bringing veral of the others aforelaid have neglected to forward a suit at law." appear agreeably to the requisition of the act of “ Because, by the said paragraph, that Allembly: be it enacted by the General Assem- effential right of freemen, a tryal by jury, is bly of the State of North-Carolina ; and it is taken away, and every subject of this commonhereby enacted, by the authority of the same, wealth exposed to be deprived of his liberty, proThat all such officers, both civil and military, perty, and rights of citizenship, and to the inta
mous punishment of banishinent, by the fole Congress, to obtain a perpetual revenue, or the judgement of two justices of the peace.
appointment of revenue officers. Were thele 3. “ Because it is a flagrant and direct viola powers superadded to those they already polleis, tion of the principles and spirit of the constitu the Articles of Confederation, and the constitution, and the letter of the declaration of rights, tions of government in the different States, would Art. 12, which provides, that • No subject Thall prove mere parehment bulwarks to American be arrested, imprisoned, despoiled, or deprived of liberty. his property, immunities, or privileges, put out “ We like not the language of the late address of the protection of the law, exiled, or deprived from Congress to the different States, and of the of his life, liberty, or estate, but by the judge- report of their committee on the subject of revement of his peers, or the law of the land. nue, published in the same pamphlet. If they • And the legislature Mall not make any
law are carefully and impartially examined, they will that shall subject any person to a capital or inta be found to exhibit itrong proofs of luft of power. mous punishment, excepting for the government They contain the same kind of arguments whick of the army and navy, without tryal by jury.' were formerly used in the business of thip-money,
4. “ Because it furnithes a precedent of a and to justity the arbitrary meafures of the race tendency most dangerous and fatal to the tecurity of Stuarts in England. of the lives, liberty, and property of the subjects “ And finally we recommend it to you (for of this commonwealth.
in this we will not presume to give politive in“ Caleb Davis, Bailey Bartlett, Theodore ftructions) to endeavour to obtain an initruction, Sedgwick, William Bodinan, Samuel Loring, from the General Affembly, to the Virginia DeNathaniel Wyman, Timothy Childs, Ja. Swan, legates in Congress, againit sending ambafiadors to John Burke, Solomon Lovell, John H. Bartlett, the courts of Europe; it being an expence, which Williain Phillips, John Bacon, Peter Penniman, (in our present circumstances) thele United Nathaniel Appleton, Thomas Clarke, Thomas States are unable to suppori. We are of opinion, Dawes, Thompson J. Skinner, Ebenezer Warren, that consuls to superintend our trade at lets Nathan Dane, William King, James Porry, Ja than a tenth part of the charge of ambaladours) cob Ludwig, John Choate, James Bancroft." will be sufficient to answer every good purpale.
And nature having separated us by an immense How soon the different states became jealous ocean from the European nations, the less we have of the proceedings and authority of Congress af to do with their quarrels or politics the better." ter their independence was acknowledged by Britain will appear by the following extracts When the independence of America was froin the instructions of the inhabitants of Faire confirmed by the peace, such was the scarcity of fax, in Virginia, to their delegates in Allembly, money, and such the low itate of public credit, May 30, 1783 :
from the total annihilation of paper currency, " And tirit, Gentlemen, we defire and ex that the army plainly perceived it to be the pressly instruct you, that you give not your atsent intention of Congrels to Jilband them, without to, and on the contrary, that you oppole, to the any part of the large arrears due to them, but utinost of your power, the Imallest infraction of even without certificates to specify their claims. the late treaty of Peace, either with relpect to The apprehension of such an eveni occafioned the the payment of debts, or any other matter what circulation of lome anonymous pieces, which soever, whereby the public faith, folemnly being written with spirit and elegance, required pledged by the American coin millioners duly au all the perlonal influence of the commander in ihorised, may be violated, and this country again chief to counteract their effects. By his exerinvolved in the calamities of war, or the danger tions the officers were lulled into security; and of repritals.
the foldiery, whose expectations had been raited "We defire and instruct you to endeavour to by former promises, experienced the moit morprocure ample jurtice to the officers and soldierz mitying disappointment. They ascribed the 101of the American army; who, though conitanyy bearance of the ofticers totimidity, and upbraided turrounded with uncommon dittreis and ditticula them for receding from thole ípirited incaidis ties, have so bravely detended the rights and li that had been adopted to obtain juitice. 10 berty of their country.
such a height was this ferment carried, that the « We desire and instruct you, ftrenuously to troops demanded their discharge, alledging, that oppose all encroachments of American Congress as the war was at an end they had completed the upon the sovereignty and jurifdiction of the lepa- terms of their enliftment. This was the wittedrate States, and every assumption of power, not for period, which Congress had industrouily expressly vested in them, by the articles of coni accelerated. Availing themselves of the dutenfederation. If experience thall prove that further tions which pervaded the camp, they resolved powers are necessary and safe, they can be granted that furloughs should be granted till the arrival by additional articles to the confederation, of the Dennitive Treaty: The event fully anacceded to by all the States; for if Congress, swered their wishes, and in this extraoruinary upon the plea of necellity, or upon any pretence manner, the ditsolution of the grand army was whatever, can arrogate powers not warranted by effected. This treatment of men, who had the Articles of Confederation, in one instance, purchaied the independence of their country they may in another, or in an hundred: every with their blood, appears cruel, and nechty.s repetition will be itrengthened and confirmed by the only plea on whiwh the conduct of Congius precedents.
can be juittıcd. The event hias tully evincere “ And in particular, we defire and instruct you policy of their matures. The couniry has beea to oppofe any atteinpt which may be made by effectuully delivered trom the tuions
mutinous army, and the fatal consequences your companions through the various vicissitudes that threatened to ensue, had a Cromwell in of the war. Nothing, therefore, but neceility, ainbition, though not in art and abilities, ap could induce us to a representation which we peared to put himself at their head.
know must give you concern. The insult offered to Congress, on the 21st Your Excelency has so intimate a knowledge of June, was the tumultuous effort of a small of the condition of the army, as to render a parbody of troops, quartered the vicinity of Phi. ticular delineation unneceifary. As you have ladelphia*, and by no means the deliberate act been a witness of our sufferings during a war un of the whole army, it therefore caused more common in its nature, and unparalleled in many alarm than danger. The papers that more par circumstances attending it, so you are now, Sir, ticularly relate to the above transactions are Ce no less a witness of the unequal burthen which neral Washington's speech, a proclamation by has fallen upon us, from the want of that provithe president of Congress, which will be found sion, to which, from our alliduous and unremiiin our Magazine for August, p. 278, and the ting services, we conceive we are intitled.following:
Having recently exprefled our sense of what was By ibe UNITED STATES in CONGRESS due to our distress--having repeated from your assembled, May 25th, 1783.
Excellency the confidence we had, that our aca On motion,
counts would be liquidated, the balances afcerReflved, That the Commander in Chief be tained, and adequate funds provided for payinftructed to grant furloughs to the non-com ment, previous to our being dispersed or dilbani. millioned officers and soldiers in the service of ed---having feen, with pleature, the approbation the United States inlitted to serve during the which Congress gave our reliance--it is with a war, who thall be discharged as soon as the De mixture of aitonilhment and chagrin that we view finitive Treaty of Peace is concluded, together the late resolve of Congress, by which the folwith a proportionable number of commillioned diers for the war, and a proportionate number of officers of the different grades: and that the Sc officers,' are to be furloughed without any one of cretary at War and Commander in Chief take those important objects being accomplished; and, the proper measures for conducting those troops to complete the scene of woe, are to be comto their respective homes, in such manner as may pelled to leave the army without the means of debe most convenient to themselves, and to the fraying the debts we have necessarily incurred in štates through which they may pass; and that the course of tervice, or even of gratitying those the men thus furloughed be allowed to take their menials in the pittance which is their due; much arms with them.
lets to carry with us that support and comfort to CHARLES THOMSON, Secretary. our families, of which, from our long military Upon the promulgation of this resolution, the services, they have been deprived. No less exlublequent addrefs was presented to the Com posed, then, to the intults of the meanert followmander in Chief:
ers of the army, than to che arrests of the Sheriff; SI R,
deprived of the ability to atliit our families; and IT is difficult for us to express the regret we without an evidence that any thing is due to us feel at being obliged again to folicit your Ex for our services; and, consequently, without the cellency's attention and patronage. Next to the least prospect of obt..ining credit for even a teranguith which the prospect of our own wretched porary Publiftence, until we can get into bulinets pels excites in our breatts, is the pain which -10 what quarter can we look ? We take the arites from a knowledge of your anxiety on ac- liberty to say, Sir, only to your Excellency. count of those men who have been the sharers of And, from the sincerity of our hearts, we do it, your fortunes, and have had the honour of being no less from a perfuation of the efficiency of your Lond. Mag. App. 1783.
further * Having collected suddenly under the direction of their sergeants, they secured the magazines and artillery, surrounded the State-house, and, in the name of the non-commillioned officers and soldiers, demanded authority to appoint fuch officers as they could contide in, to command them and redress their grievances. Their requisition was inftantly complied with, and having received aflurances of immediate redress, they withdrew to the barracks, and appointed Captain Carbery and Captain Sullivan to represent them in a committee of officers. Mean time the governour haying gained over the leading sergeant, gave orders to atlemble the city light-horse and militia, directed the discontented soldiers to be muitered without their arms, rebuked chcin for the infult offered to Congress, and peremptorily ordered them to quit the city. The two officers, it is supposed, would have fallen a sacrifice to the treachery of the sergeant, but they fortunately escaped.
The fuliowing copy of ihe appointment of Captain Sullivan is taken from the original : « SIR,
Pbiladelphia Barracks, 230 Juni, 1783. “ YOU are hereby appointed by the non-commiflioned officers and foldiers in the city, tion authority which they have from the Preludent and Council of the ftate, and Major General Si. Clair, as member to reprefent them in a committee of six commissioned officers.
“ You are to remember that every effort in your power must be exerted to bring about the most speedy and ample justice, and even to use compulfive mealures, thould they be found neceflary ; which we declare, in the presence of Almighty God, we will support you in to the very utmost of our power • Should you shew a disposition not to do all in your's, death is inevitably your fate. “ Signed by order of the board of sergeants.
* JAMES BENNET Serjeant Major and Secretary." Capnin for Sullivan, Meylans Dragons.
further efforts in our favour, than from the kind bankruptcy and ruin, refuse to comply with the a surances you have been plealed to give us of requisitions of Congress : who, it must be ayour support.
knowledged, have done everything in their To your Excellency then we make our appeal, power to obtain ample and complete justice for and in the most iuiumn manner: from thai ab the army, and whole great object in the present horrence of opprettion and injuftice which firit meature undoubtedly was, by a reduction of exuntheathed our Yvondt,; from the remeinbrance pence to enable the financier to make the three of the common digers through which we have months payment to the army, which on ali hands pafed ; and rrom the recollection of thofe aito has been agreed to be ablolutely and indispennubing events which have been effected by our fibly neccfiary. To explain this matter, I beg united efforts, permit us to solicit your further leave to infert an extract of a letter from the aid ; and to entreat, thit the order of the 2d
Superintendant of Finance, dated the 29th inftant, founded on the act of Congress of the ultimo. 26th of May luft, may be suspended or varied in • It is now above a month since the Commit. its operation, fo iar as that no officer or foldier tee conferred with me on that subject, and I be obliged to receive a furlough, until that ho then told them no payment rould be inade to the no: ribie body can be apprijed of the wretched army, but by means of a paper anticipation ; fimation into which the army mutt be plunged, and unless our expenditures were immediately hyacontürmity to it; that your Excellency will and contiderably reduced, even that could not be ei.deavour to prevail on Congrefs-nay, that, done. Our experditures have neverthecis been on the principles of coinnon justice, you will continued, and our revenues letfen ; the Su es infist that neither officer nor foluier be compelled growing daily more and more remiss in their to leave the field, unul a liquidation of accompts collections. The costegnence is, that I canne can be etticted, till the balances are alcertained, make payment in the manner fint intended. territicates for theiums de given, including the The notts itfied for this purpose would have commutition v: heilt-pay to the officers, and the been payable at two, four, and lix months from saluity of eighty doid's to the foldiers, and till the dite, but at prefent they will be at fis a fupply of money can be furnished rufficient to months, and even that will soon become imcarry us from the field of glory with honour to practicable, uniets our exgences be immediately Ouelves and credit to our country. We still curtail d. wish to believe, that that country, to which we • I thall cause such otcs to be iflucd for three have been to lon" devoted, will never look with months pay to the army; and I must entrcat, indifference on the dittreties of those of her fons, Sir, that every influence be used with the States who have fo cilentially contributed to the eitab to absorb them together with my other en, geLainment of freedom, the security of property, ments by taxation." ani the rearing of an empire.
Three days ago a messenger was dispatched by la the name and built of the generals and me to urge the neceility of torwarding theic notes officers commanding regiments and corps in the with the greatest poinble expedition. cantonment on Huulon's river,
Under this state of circumitances I need scarce. I have the honour to be,
ly add that the expence of every day in teeding With the highett respect,
the whole ariny will increale very considerably Your Excellency's most obedient fervant, the inability of the public to discharge the debua June 5, 1783.
W. HEATH, already incurred, at least for a connderable ume
Major-General, Merident. To the foregoing addreis GENERAL WASH Although the officers of the army very well
INGTON was plealed to retura the tollowing know my official situation, that I am only a ferantwer, viz.
vant of the public, and trat it is not for me to Heud Quarters, 6th June, 1783. difpenfe with orders, which it is my duty to SIR,
carry into execution--yet as furloughs in all ler. BEFORE I make a reply to the subject of the vices are contidered as a matter of indulgence address of the generals and officers command and not of compuition; as Congress, I am per. ing the regiments and corps of this army, pre funded, entertain the best disposition towards the sented by yourself yesterday, I entreat that thote army, and as I apprehend, in a very short time, gentlemen will accept iny warmeit acknowledge the two principal articles of complaint will be ment for the contidence they have been pleased to removed--until the further pleasure of Congress repose in me: they may be allured it shall never can be known, I shall not hesitate to comply with be abused; and I beg they will be persuaded, that the withes of the army, under these reservations as no man can potlibly be better acquainted than only, that officers lutiicient to conduct the men I am with the pait merits and iervices of the army, who chute to receive turloughs, will attend then so no one can polibly be more itrongly im either on turtouch or by detachment. The proprefied with their present ineligible fituation, priety and neceility of this mealure must be obfeel a keener fensibility at their ditrefles, or more vious to all, it necd not therefore be intorced; ardently delire to alleviate or remove them--but and with regard to the non-commillioned efficers 11 i ould be unneceílarv, perhaps, to enter in'o and privatej, luch as from a peculiarity of cir. a dewi ot what I have done, and what I am wil cuinitances wih not to receive furloughs at this alternpting to do, in order to atlist in the accom tim, will give in their names by twelve o'clock plishment of this mterciting purpose-let it be t.»-morrow to the commanding officers of their ancient to oblerve, I do not yet despair of fuc regunents, that on a repose to the Adjutant-Ge. cets; tor I am pentcctly consinced that the States neral an equal number ut men engagtu 10. th.ce Cannot, withoui invedring themelves in national years may be furlouzlied, which will make the
faving of cxpences exactly the same to the promises a reciprocal benefit and advantage to public.
both nations, so are we willing to grant the last I cannot but hope the notes will soon arrive, mentioned cvery privilege in our ports or harand that the lettiement of accompts may be com bours. In order to animate then thereunto, ic pleted by the artistance of the paymatters in a has appeared to us, as we finu, that the duty very few days. In the mean time I Mall have formerly ftipulated on them was not calculated the honour of laying the sentiments of the ge- agreeable to the nature of the trade, lading, and nerals and officers commanding regiments and lize of their verlels; allo for reaton of the long corps betore Congrels. They are expreiled in detention of their veilets in our ports, we find 1uch a decent, candid, and attecting manner that they must have run into many unnecessary that I am certain every mark of attention will be expences, which have caused the loss of their paid to them.
voyage and labour; and to prevent those obitaI have the honour to be,
cle, we do hereby guarit and permit to their With very great esteem, Sir, inerchants to furnith our colonies with every
Your inost obedient fervant. kind of their commodities which our nation canM.jor-General HEATH.
not supply us with, and likewite tu lutfer them The two preceding papers were enclosed in the to purchate and load any kind of produce of our
tollowing letter to his Excellency the Preti laid illands, of which we allo grant the same dent of Congreis.
privilege to our own merchants; this being the Head Quarters, Newburgh, will and pleature of his Majesty, who has auSIR,
June zob, 1783 thorited and ordered us to have it publihed in I HAVE the honour to enclofe to your Excel the following articles: lency the copy of an addrets to me, from the Art. I. All Americans that carry on trude in generals and others commanding regiments our colonies shall have vo more to pay for every and corps, together with my answer to it. Thele veisel thun fixteen livres, ten fols anchorage, enclotures willexplain the diitrefies which resulted and twenty-fous livres, fifteen fols at the Ada from the meatures now carrying into execution miralty-Once, and the same fum, and no more, in confequence of the resolution of the 20th of
to the interpreti, for which hejhall be bound to May, but the fentibility oc: alioned by a parung take the captain to the general or governour, and to Icene under tuch peculiar circumitalices wili noc ail.ithim in every thing, agreeably to the laws and admit of description.
cultums of the courir;. The two fubiects of complaint with the army 11. And as we want to favour, as much as poliappear to be, the delay of the three months pay. ble, the incedy dispatch of ail American veilid, ment whiu had been expected, and the want of we do hereby reimit ani allow to all theireita a letticinent of accounts. I have thought my bluthed machines, to build at the bay of C 11telt authorised to alue them Congref, had and lere arm dutillery, and round about the city would attend particularly to their grievances, of St. Pierre proper ciiterns to keep a sufficienc and hav: made foule butle variations refpecting quantity of moluile, for which we bereby exfurloug's from what was at fint pro, olcd. The empt them free from all duty and tax money, and Secretary at Wir will be able to expiain the rea every one of their negrue., fur the space of tive ton and propriety of this alteration
Was turther signed Damas aná VIEVIGNE.
The folising is a true ficate of the debis dre
from the neirteen Unised Stalts of America,
Anual interest on foreign debt of four and
Dition Conniellor of the King and his Councils at Mar donita dito, at lix per ceut, 2,-0.26,917 Li. tinique, Prudent and Conmilary General of lars.
Tulai 2,415,455 610 dusheis. Equal Theilland of Martinique and its dependencies, cc. to 543,991. 17.01.liering &c. &c.
Dneeran y due 119m the less ral count's of NewAs the trade of our colonies, and that of the J21.y, srim the nor january to die 3oth of Thanteca United States of North America, July 17%;: