USA > New Jersey > Documents relating to the revolutionary history of the state of New Jersey, Vol. III > Part 53
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Were their estates to be applied, so far as the cases should require, to make compensation for the damages they have done, as it would in a great degree defeat those acts of revenge, so it must in proportion tend to suppress them : for what could induce these men to destroy the prop- erty of the whigs, if they knew at the same time their own must soon make them whole ?
By the divine law (Exodus xx) restitution was to be made in all cases of theft and trespass: in some two, in others four, and some five fold. Indeed so high a sense had the divine lawgiver of the equity and propriety of the measure, that where the offender had not wherewithal to make restitution, he was to be sold to raise money for the purpose. And as we no where find such an exertion of the law in favour of claimants in any case of debts legally con-
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tracted, it seems reasonable to conclude, that this great legislature,1 acting under the immediate influence and guidance of the all-wise lawgiver himself, conceived the equity of the demand in cases of damage, to be more strong and forcible than in cases of debt. And indeed we think it clearly so from the nature and reason of the thing itself.
We would beg leave also to observe, before we conclude, that as the losses we have sustained by the refugees were, in all probability, brought upon us by that aid and support which we were intitled to receive from the other counties of the state being chiefly withheld, were those counties to seize and dispose of for the use of the state the estates of those offenders, so as to deprive us of our right, it would seem as though they intended to avail themselves of their own neglect, and heap up riches from the ruins of their fellow-subjects.
Some of the refugees themselves, on their return home, declared, that as they had estates sufficient to make ample amends for the damages we have sustained by them, they were exceedingly willing to do it. They said they knew their estates were liable; and acknowledged that out of them we ought in justice to be made whole. And we hope none of the whigs of this state, whether in or out of office, will ever suffer themselves to be outrivalled in justice by the refugees.
The constant fatigue and loss of time that many of us had to bear in the military way; the being drove from our homes, and constantly harrassed by the refugees and their adherents ; seemed to us to be no very light or inconsider- able afflictions. They were however what we expected to bear without any atonement. But we considered them as completing the cup of our sufferings from this quarter, or at least, that we were to submit to without compensation. For, as we have already observed, we never so much as doubted obtaining satisfaction out of the estates of those offenders, for the property they should take or destroy.
1 Legislator.
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So much indeed as should be necessary to make us whole, we considered as our own. We knew that in case their estates should not be forfeited, our damages would be re- coverable at common law ; and never entertained a thought so unfavorable of the state, as that it would forfeit their estates, and deprive us of our right; nor indeed can we yet suppose, that the community at large would wish to do it. Is it possible that New-Jersey, hitherto admired for her generosity and publick virtue, can have the least in- clination to act so unfairly by any ; but especially by those who have suffered so deeply in her cause, and who are justly entitled to be ranked among the warmest and firmest of her friends ? No, gentlemen, we can never believe, that even a fiftieth part of the good people of this state, were they consulted, would approve of the measure: the Tories perhaps might. It seems indeed reasonable to suppose, that they would be pleased with such a denial of right ; not only because it would perpetuate the misfortunes their friends, the refugees, have brought upon us, and perhaps through some of their means or procurement, but because it would furnish them with a fresh accusation against the Whigs, to wit, "That they are capable of withholding jus- tice even from one another."
We would likewise observe, that it will not be the least of our mortifications to see that property, which ought to repair our damages, turned into cash and lodged in the treasury of the state, for the benefit of the Tories. Indeed, forfeiting those estates so wholly to the use of the state, is a measure we think doubly cruel and oppressive; at the same time that it deprives many of their just right, it sad- dles them with the expence of maintaining a great number of women and children, beggared (though many of them innocent perhaps) by those forfeitures. The husbands of these wives, and the fathers of these children, plunder us of our goods, and destroy our property, because we are engaged in the service of the state; and the state (not with a view of rewarding us, we suppose) takes the whole
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estates of these husbands and fathers to itself, and obliges us to maintain their beggared wives and children.
Now permit us to ask, whether any people in their senses, would choose to serve their country upon such terms as these ? Suppose A, being worth five thousand pounds, was to rob B of one thousand; that C causes A to be hanged for this offence, and seizes his estate to his own use; and then, without allowing B one farthing of restitu- tion, obliges him to maintain A's widow and children : Would B, in this case, be fairly dealt by ? Or rather, What must all good men think of C ?
It had doubtless been better for this country, that no forfeitures at all had taken place, than that the estates for- feited should go so entirely to the use of the state, as to exclude individuals from their right. Indeed the county had better perhaps have stood alone, that is, wholly un- connected with the other counties of the state, than to lose so much of her property, in consequence of a connexion that afforded her so little assistance in the hour of her dis- tress. Justice might then have been done to her suffering inhabitants, out of the estates of those by whom they suf- fered; and the surplus, or at least a sufficiency for that purpose, applied to support the wives and children of the offenders ; and the residue, toward defraying the expence the county might have been at in supporting its own de- fence: And had the state pursued this equitable line of distribution in disposing of her forfeited property, we sup- pose all would have been satisfied-because all must have seen the distribution to be just.
Upon the whole, gentlemen, as we conceive the injustice and oppression we complain of, furnishes the greatest and justest cause of complaint, we must entreat you to recon- sider the proviso we have mentioned, and to enact a law for repealing or amending the same, and for enabling all those who have any equitable demands against the estates of the refugees, or other offenders, to obtain their rights.
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CHATHAM, October 12.
Last Wednesday morning, about one o'clock, made their escape from the Goodhope prison ship, in the North River, nine captains and two privates. Among the number was Capt. James Prince, who has been confined four months, and having no prospect of being exchanged, concerted a plan, in conjunction with the other gentlemen, to make their escape, which they effected in the following manner : They confined the mate, disarmed the centinals, and hoisted out the boat which was on deck; they brought off nine stands of arms, one pair of pistols, and a sufficient quantity of ammunition, being determined not to be taken alive. They had scarce got clear of the ship before the alarm was given, when they were fired on by three differ- ent ships, but fortunately no person was hurt. Capt. Prince speaks in the highest terms of Captain Charles Nelson, who commanded the prison ship, using the pris- oners with a great deal of humanity, in particular to him- self.
By the above gentlemen we have collected the following intelligence, viz. The first account that they received at New-York of Count D'Estaing's fleet being near the con; tinent, was by the sloop Pollux, a privateer of 12 guns, that captured a Spanish ship from the Havannah, bound to the continent. This ship was in company with the fleet two days before she was captured, and left them 33 leagues E. N. E. from Augustine, steering in west. As soon as the captain of the privateer had learnt the intelligence, they took out the merchant, captain and officers, and the greatest part of the company; parted with the prize, and made the best of her way for New-York. On her arrival, part of the fleet had sailed for the southward, but receiving that account, they dispatched a frigate to inform them of it, which occasioned their return. The merchant of the Spanish ship offered 30,000 dollars ransom, but she had not arrived when the gentlemen came away. The Renown, of 30 guns, convoy to the fleet bound for Halifax, was re-
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turned, with the loss of her mainmast and her mizenmast. She towed in with her two transports, dismasted.
Ships laying at Sandy-Hook.
Russel,
74 guns, Capt. Drake.
Europa, 64 ditto,
Capt. F. Edwards.
Raisonable,
64 ditto,
Sir George Collier.
Renown,
50 ditto,
Roebuck, 44 ditto, Sir And. S. Hamond.
The number of frigates in the harbour they cannot as- certain with precision ; but, they further add, that about 9 days since, 5 frigates went out in company.
Last Friday se'nnight orders were issued by the com- mandant of the city, for all the male inhabitants of a proper age, to assist in throwing up works on Governor's Island. The number of inhabitants it was imagined amounted to 4000, half of whom were to go on fatigue one day, and the other half the ensuing, Sundays not excepted. This our informants were an eye witness to.
TRENTON, OCTOBER 20.
Last Thursday evening Major Joseph Brearley, of Maidenhead, knowing that there was a band of robbers in the neighbourhood, collected a small party of men, and formed an ambuscade on a lane where he suspected they would pass; about midnight they came along, and were all seized, and are now safely lodged in gaol. The fellows taken are the noted Dr. John Hunt, whose real name is Abraham Whitmore; John Carr, a notorious horse-thief, who lately broke from Morris gaol, and Samuel Slack, who lately escaped from the gaol of Philadelphia. They were all well armed; they had stolen two horses the night they were taken, and were then on their way to rob a house in the neighbourhood. They were examined before the chief- justice, and one of them made a pretty ample confession, which has discovered a number of their accomplices, sev-
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eral of whom have since been taken with a considerable quantity of stolen goods.
Extract of a letter from an officer in the State regiment, at Elizabethtown, dated October 15, 1779.
"On Tuesday last a party of about fifty of the Greens came over to Amboy early in the morning, and had col- lected upwards of one hundred head of cattle and horses, before any of our troops were alarmed; but about ten o'clock a small detachment of our regiment marched down and attacked them so briskly, that they were obliged to fly and leave the greatest part of their booty, taking off only about 20 head. Capt. Davis, who commanded our party, has reason to think, that several of them were wounded in the attack, but not one of his men received the least hurt.
"Last night about twelve o'clock, a small party, com- manded by Capt. Craig, consisting only of adjutant Nixon, and eight privates belonging to our regiment, boarded and took the sloop Neptune of ten carriage guns, four swivels, and two cohorns, with 21 men, commanded by Capt. Pal- fry, a native of Boston, with his two mates; his lady was also on board, who is a prisoner with him.
"In bringing the sloop to the Jersey shore, she unfor- tunately run aground; and finding it impossible to get her off, our people got out what stores were on board of her, which consisted of beef, pork and rice, with some powder and shot, two cohorns, four swivels, and nineteen stand of arms; likewise a considerable quantity of spare rigging, viz. sails, ropes, &c. We had scarcely got the vessel un- rigged, when the enemy sent a number of armed boats to retake her; they came upon us so fast, that we were obliged to leave her, without setting fire to her, when they boarded, and at high water, carried her off.
"We have just now received an account of the enemy's embarking a number of troops from Staten-Island; their destination not yet known."
General Sullivan, with the army under his command, have arrived at Easton.
,
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An ADDRESS of the inhabitants of Northampton county, To the Honourable Major-General SULLIVAN, Com- mander in Chief of the Western Army.
W E, the inhabitants of Northampton county, beg leave to congratulate your honour on your success against the confederate Indians of the western country. With sentiments of affection we welcome your return, and being conscious of the exertions you have made to secure our happiness, we offer you those thanks which arise from the warmth of gratitude.
We are no strangers to the innumerable difficulties and hard ships you have laboured under, and are fully ac- quainted with the many inconveniences which attended the expedition ; but the unparalleled perseverance and firm- ness of the officers and soldiers under your command, have enabled you to surmount every obstacle with credit, and Justly calls for the applause of a grateful country.
By order and in behalf of the inhabitants of Northamp- ton county, we have the honour to subscribe ourselves very respectfully, the General's most obedient and humble servants.
Easton, Oct. 12, 1779.
THOMAS SILLYMAN, SAMUEL REA, PETER KACHLINE, sen. ROBERT L. HOOPER, jun. ANTHONY LERCH, sen.
The GENERAL's Answer.
GENTLEMEN,
I RETURN you my sincere and cordial thanks, for your very polite and flattering address. The approving voice of so respectable a number of my fellow citi- zens, who were deeply interested in the event of the expe- dition I had the honour to command, cannot fail to afford.
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NEW JERSEY IN THE REVOLUTION. [1779
me the highest satisfaction. The accumulated difficulties accompanying, and the fatigues which naturally attended this expedition, are more than compensated by your unani- mous approbation, and the very polite manner in which you have been pleased to signify it. If my well-meant en- deavours have contributed to secure peace to the frontiers of this and the neighbouring States, it must afford me that pleasure, which every friend to his country enjoys, when instrumental in adding to the peace and tranquility of his countrymen.
While I feel myself deeply impressed with gratitude for your pleasant address, I cannot forbear expressing my obligations to the inhabitants of Northampton county, whose spirited and patriotic exertions have enabled me to accomplish an expedition, which I flatter myself, will for- ever secure your frontiers from the ravages of a cruel and savage enemy.
JOHN SULLIVAN,1 M. G.
October 12, 1779.
On Thursday the 7th inst. Mr. JOHN P. SCHENCK, son of Mr. Peter Schenck, merchant, of Somerset, was joined in marriage to the much esteemed and very amiable Miss SUCKY LOWREY, daughter of Mr. Thomas Lowrey, mer- chant, of Hunterdon.
List of Representatives chosen at the General Election on the 12th inst. as far as the returns have been communi- cated.
1
1 John Sullivan was born in Berwick, Maine, February 17, 1740, of Irish parentage, and practiced law in New Hampshire before the war. He was a delegate to the Continental Congress in 1774; in June, 1775, was made a Brigadier General of the Continental Army ; took part in the siege of Boston ; was promoted to be a Major General and was captured at the battle of Long Island, August 27, 1776. He took a prominent part in the battles of Trenton, Princeton, Germantown and Brandywine. In 1779 he led the destructive expedition into the country of the Six Nations. He resigned in 1780, and was again returned to the Continental Congress. In 1789 he was appointed a United States judge for his State, and died in 1795 .- W. S. S.
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For HUNTERDON COUNTY,
Representative in Council, John Stevens, Esquire.
Representatives in Assembly, Benjamin Van Cleve, Jared Sexton, William Gano, Esquires.
For SOMERSET COUNTY, Representative in Council, Ephraim Martin, Esquire. Representatives in Assembly, Reoloff Sebring, Edward Bonn, Henry Vandike, Esquires.
For MORRIS COUNTY,
Representative in Council, Silas Condict, Esquire.
Representatives in Assembly, Abraham Kitchell, Ellis Cook, Alexander Carmichael, Esquires.
For MONMOUTH COUNTY, Representative in Council, Joseph Holmes, Esquire. Representatives in Assembly, James Mott, jun. Hendrick Smock, Thomas Seabrook, Esquires.
For BURLINGTON COUNTY, Representative in Council, Peter Tallman, Esquire.
Representatives in Assembly, Thomas Fenimore, Josiah Foster, Joseph Biddle, Esquires.
The Legislature of this State are to meet here next Tuesday.
A LIST of LETTERS in the Post-Office at Trenton, October
5, 1779.
B
B. ARCLAY, Thomas, opposite Trenton, 2. Blont, ยท Capt. Readin, 3d Carolina battalion.
C. Mr. Curtis, Jonathan, Kingwood. Mr. Cook, Burnet, Monmouth.
D. Drake, Jacob, Esquire, Trenton. Dellingtash, Re- becca, at Blackhorse.
I. Irvine, Matthew, Esq. surgeon to cavalry, Trenton. Johnston, John, Mountholly.
K. King, Jeremiah, Kingwood.
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L. Leonard, James, Somerset. Ledyard, Major Ben- jamin, Middletown Point.
M. Merriman, John, Taunton Forge.
P. Price, William, at Stanford.
S. Sims, Colonel Charles, Trenton. Kingwood.
Sexton, Joseph,
W. Wright, John, Bordentown, 3.
The Commanding Officer of the Guards, Trenton.
The Paymaster of Col. Livingston's regt. Bristol. B. SMITH. P. M.
TO BE SOLD,
A N elegant new double-spring Windsor SULKY, with Harness complete; also, a Riding-Chair, some- thing worse for the wear, and a pair of horse-man's Pistols and Holsters. Enquire of Benjamin Smith in Trenton.
October 19.
W ILL be sold at Vendue, in Pitts-Town, on Friday the 29th of this inst. a number of CAST HORSES be- longing to the United States .- The sale will begin at ten o'clock in the morning.
FURMAN YARD, Q. M.
T HIS is to certify to the publick, that whereas, on Mon- day the 4th inst. I was assaulted in my house, at the dead time of the night, by two men disguised, and since that did suspect Fergus Johnston to be one of them, which I have mentioned to some people, perhaps to the prejudice of said Johnston :- I now do, in this publick manner, acknowledge that I was mistaken in my suspi- cions, and am sorry for the same. Dated this 18th of Oc- tober, 1779.
RICHARD GREEN.
Present, Rensselaer Williams.1
1 For a sketch of Rensselaer Williams, see New Jersey Archives, 2d Series, 1 :8.
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T HIS is to certify to the publick, that whereas, on Mon- day the 4th inst. I was assaulted in my house, at the dead time of the night, by two men disguised, and since that did suspect Samuel Kellom to be one of them, which I have mentioned to some people, perhaps to the prejudice of said Kellom :- I now do, in this publick manner, acknowledge that I was mistaken in my suspi- cions, and am sorry for the same. Dated this 18th of Oc- tober, 1779.
RICHARD GREEN.
Present Renssellaer Williams.
T To be sold at public vendue, at the late dwellinghouse of Alexander Carr, deceased, on Saturday the 30th instant, at one o'clock in the afternoon, one horse, two fine heifers; weaver's loom and tackle; cyder in bar- rels, iron pots, and sundry household goods and farming utensils, by
CHARLES OXFORD, jun. JAMES HILL, Executors.
-The New-Jersey Gazette, Vol. II., No. 95, Oct. 20, 1779.
Every fourth man has been ordered to be drafted from the Jersey militia to serve in the rebel army until the 26th of December: each devoted racoon to receive down forty soft or paper dollars. Which rags now pass at the rate of near forty for one solid Spaniard at the city of Philadel- phia, the seat of the Rebel Rumps .- The Royal Gazette, No. 320, October 23, 1779.
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NEW JERSEY IN THE REVOLUTION. [1779
To be sold at public VENDUE,
On. Friday next the 21st instant, at the house of the sub- scriber, in Newark;
A Milch cow, which may be easily made good beef, a half-blooded colt about six months old, a good chest of drawers, a genteel mahogany sofa, very useful in sick families, or for valctudinary persons; with tables, chairs, washing tubs, and a variety of other articles. The vendue will begin at one o'clock in the afternoon.
ALEXANDER MACWHORTER.1 October 18, 1779.
WANTED,
A N apprentice to a coach smith, a boy about fourteen or fifteen years of age, by Jacob Wilsey, in Morris Town.
October 18, 1779.
TO BE SOLD By ROBERT EASTBURN, In New-Brunswick, By the barrel or smaller quantity, XCELLENT Jamaica spirits of the best quality, and at as reasonable a price as the times will admit. Also rice and sundry other articles. October 18, 1779.
E
I HE public has doubtless seen in this paper of Sep- tember 28, an advertisement signed Jacob Willis, wherein he has vilified me the subscriber, by assert- ing that I eloped from him under cover of the night, which is a notorious falsehood, for I came away about 10 o'clock
1 For a note on the Rev. Dr. Alexander Macworther, see New Jersey Archives, 2d series, 1 : 353.
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in the morning, and told him when he went from home that I should leave him before he came back, and he bid me go. He had often said he never would have married me if he could have bought a negro wench. It was for his barbarous usage to me that made me leave him; for he threatened me so often, that I was weary of his domineering. As for stealing from him, it is a notorious falsehood, for I did not take near all that I carried to him, but thought a little in peace was better than all his vast estate and the trouble I must have had with him. All persons are forwarned purchasing lands of him the said Willis, as I am deter- mined to have my right of dowry and thirds.
ALLICE WILLIS.
Morris Town, Oct. 18, 1779.
S Y TRAYED, or stolen out of the pasture of the sub- scriber, on the night of the 17th instant, a likely bay mare, about 14 hands and a half high, with a small star in her forehead, her near hind foot white, shod all round, trots and canters well, four years old last spring. Whoever takes up said mare, and secures her, so that the owner may get her again, shall have 200 dollars reward, and for mare and thief 500 dollars, paid by me
JOSEPH BADGLEY, jun : Stoney-Hill, Oct. 18, 1779.
-The New-Jersey Journal, Vol. I., Numb. XXXVI., Oc- tober 19, 1779.
Last Thursday a party of the enemy landed at Amboy on a picarooning expedition.
Congress have appointed the second Thursday in De- cember next, to be a day of general thanksgiving through- out the United States.
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Wanted, by the Printer hereof, a person that will undertake to ride post.
To be sold at public VENDUE,
At the house of the subscribers in Morris Town, about five miles from Chatham, on Tuesday the 2d of November ; 0 NE cow, young cattle, colts, near twenty good sheep, about thirty geese, wheat and buck [-] wheat by the bushel, farming tools and household goods. The vendue to begin at twelve o'clock on said day, when attend- ance will be given and conditions of sale made known by SETH CROWELL, JOHN CROWELL.
October 25, 1779.
S TRAYED or stolen out of the pasture of the sub- scriber, at Morris Town, on the 22d instant, a BLACK STALLION, about 16 hands high, 5 years old, has a star in his forehead, and had a rowel in his breast when taken away; trots and canters well .- Whoever takes up said horse so that the owner may have him again, and, if stolen, secures the thief so that he may be brought to condign punishment, shall have One Hun- dred and Fifty Dollars reward, or One Hundred Dollars for the horse, and reasonable charges paid by
THOMAS DARLING.
October 25, 1779.
To be sold at public VENDUE, At the house of William Williamson, on Thursday the 4th of November, at 2 o'clock in the afternoon ; A LIKELY negro boy, about fifteen years old; also, a surveying compass and chain, a set of surveying instruments, a silver watch, a cupboard, and sundry other articles.
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All those who have any demands against the estate of Jonathan Hampton, deceased, are desired to call for their money; and all those who bought at the former vendue of the subscriber, are desired to pay the money as soon as possible.
ANN F. HAMPTON, Administratrix. Elizabeth Town, October 25, 1779.
To be sold at public VENDUE, On Monday the 15th of November next ; A Good PLANTATION, containing about 200 and 40 or 50 acres, well watered meadow land about 90 acres, timber land 60, good pasture land about 30 or 40, with fine dwelling houses thereon, a good black- smith's shop, fit for two or three fires, with a set of tools ; two good four horse teams, single horses, several loads of good hay standing in the meadow of Hyram Smith. The above plantation is situated on Watnung Plains, in Han- over township, about two miles Northwest from Morris Town meeting house. It will be sold in small lots, or the whole together, as it may best suit the purchasers. A good time of payment will be given, if wanted, and a good title made. The whole will be sold at the house of the sub- scriber. Vendue to begin at 10 o'clock on said day.
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