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unwarrantably taken from their neighbours, to the prejudice of regularity and good difcipline among the troops, and the great diftrefs of the inhabitants, to whom the fulleft protection is intended: I do therefore hereby declare, that the moft exemplary punishment fhall be inflicted on all perfons whatsoever, who fhall be found guilty of taking the property of others unwarrantably, of expofing the fame to fale, or of purchafing what may be fo offered by foldiers in particular, or by any other perfons, who are ftrangers in this city, or of fufpicious characters.

And I do hereby further require all inhabitants of this city and its neigh bourhood to use every method within their power for detecting and fecuring fuch offenders, in order that they may be brought to immediate justice.

Given under my hand, at Head Quarters in Philadelphia, this 7th day of November, 1777.

W. HOWE."

A writer in an American paper gives the following account of the aims and views of the different parties in Philadelphia, which probably may be the same in the other colonies.One party confifts of the friends of a late General Convention, who have pretended to frame an entire new government for the colo. ny. The leading principles of this new government are an almoft formal abolition of the Chriftian religion, and, of confequence, a wide opening left for Latitudinarians of all forts, of the worft and moft dangerous principles (39. 120.]. The fecond party confifts of thofe who, it would feem, have little chance of being elected into this fovereign affembly of the state; and therefore oppose the new form, under pretence of favouring the old, and getting their former aflemblies eftablished, with fome trifling variation.-A third party is for throwing all power into the hands of the Congrefs, and for rendering them altogether abfolute over all the colonies, without law or compact to guide or reftrain them, making them even ultimately judges, by way of appeal, in all matters that arife internally in the feveral colonies.-The fourth party is made up of those who would have wifhed to have continued under their old form of government, under which their lives and properties were fecure, and their trade free. Thefe are tired of the tarring, gouging, mobbing,

proferibing principles of the patriots among them, and rather wish to pay a trifle to fupport the government which liberally protected them, and under whole wings they were free, and grew daily in wealth, than having their lives and properties lying continually at the mercy of a cruel mob. Johnston, the Maryland delegate, who seems to be one of the moft fenfible men in Congrefs, in his intercepted letter to Otis, acknowledges, that whenever they should come to make the difpute a national quarrel with Britain, by throwing off their dependency, every honeft man in Britain who wifhed them well before, muft, of neceflity, in his own defence, become their bitter enemy.

From Rivington's New-York gazette, Dec. 6. A letter from Lt-Gen. Burgoyne to Gen. Howe, brought by Lieut. Valancy, of

the 62d.

"SIR, Albany, Oct. 20.1777. IN conformity to my orders, to proceed by the most vigorous exertions to Albany, I paffed the Hudfon's river at Saratoga, on the 13th of September. No exertions have been left untried. The army under my command has fought twice under great fuperiority of numbers. The first action was on the 19th of September, when, after four hours fharp conflict, we remained mafters of the field of battle. The fecond action (on the 7th of October) was not so successful, and ended with a ftorm upon two parts of our entrenchments; one defended by Lt-Col. Breymen, who was killed on the fpot, and the poft was loft; the other defended by Lord Balcarras, at the head of the British light infantry, who repa.e fed the enemy with great lofs. The army afterwards made good their retreat to the heights of Saratoga, unable to proceed further, the enemy having poi feffion of all the fords and the paffes on the eaft fide of Hudfon's river. [39.653,47

The army there waited the chance of events, and offered themselves to the attack of the enemy till the 13th inft, when only three days provifion, at thoit allowance, remained. At that time, the lat hope of timely affittance being exhaufted, my numbers reduced by past actions to 3500 fighting men, of which about 1900 alone were British; invefted by the enemy's troops to the amount of about 16,000 men, I was induced, by the general concurrence and advice of

the

the generals, field-officers, and captains commanding corps, to open a treaty with Maj.-Gen. Gates. Your Excellency will obferve, by the papers tranfmitted herewith, the disagreeable profpect that attended the first overtures. The army determined to die to a man, rather than fubmit to terms repugnant to national and perfonal honour. I truft you will think the treaty inclofed confiftent with both [39.658-663.]

I am, with the greatest refpect and attachment, Sir, your most obedient, and most humble fervant,

J. BURGOYNE."

By refolves of the general affembly of Maffachufet's-bay, the troops under Gen. Burgoyne [39.660.] were appointed to be quartered in the barracks on Prospect and Winter hills, and fuch others as a committee of both houfes fhould judge moft fafe, retired, and eafy guarded; fuitable houses to be obtained for the general officers, and proper rooms for the other officers of rank; the foreign troops to be kept feparate from the British as far as practicable; both officers and foldiers to be prevented from entering the town of Bofton, &c.

"New York, Nov. 3. The following is the best account we have been able to obtain of the damage done to the rebels in the late expedition up the North river, between Fort Vaughan and Red hook. [39.640.]

Oct. 15. Three floops taken in attempting to escape from Fish-kills, and two pettyaugers deftroyed. The houfe, mills, out-houfes, and a floop belonging to Col. Francis Stoutenburgh, at Crum Elbow, burnt. Two floops on the caft fide burnt that evening.

08. 16. Set fire to two brigs and a number of floops in Efopus creek, burnt the houfes at the landing, the town of Kingston, confifting of between 200 and 300 houfes, not one of which, except Mr Lefferts's, efcaped the flames.

Od. 17. The house, storchouse, barn, &c. of Mr Petrus Ten Broeck, a rebelgeneral; the houfe, barn, and out-houfes of Rob. Gilbert Livingston, jun. Efq; and a house and mill belonging to Robert Livingston, Efq; on the caft fide of the river, burnt.

Oft. 18. Another houfe belonging to Rob. Livingston, with three others, detroyed in like manner.

Ct. 22. Two Loufes, one the proper.

ty of Mr Smith, on the eaft fide, a floop and barn, likewife two houfes, with their appendages, on the weft fide, were burnt.

Oct. 23. A floop was burnt on the ftocks.

In the town of Kingston, a large quantity of powder, and a large number of fire-arma, together with many valuable ftores, were deftroyed.

Saturday fe'ennight the bridge laid over the Clove, between the Forts Montgomery and Clinton, was destroyed; and the troops, after demolishing the latter, embarked on board the tranfports, and arrived here the next evening.

The Hotham tender, commanded by Capt. Chriftopher Hele, being ftationed near Pollepel's ifland, whilft the fleet were up the North river, to prevent the rebels finking a number of chevaux de frize, prepared to obftruct their return on the 19th inft. obferved two large boats, full of armed men, coming off with an intention to surprise the veffel. In order to give the gentry a warm falutation, be masked the guns, and made the veffel appear in a defenceless fituation till within his reach, when on a sudden difcovering his guns, gave the contents with fuch fuccefs, as made it difficult for them to reach the shore.

Early in the morning of the 24th Capt. Hele sent his boat's crew on fhore a little below Tarry-town, and destroyed two pettyaugers, which rowed ten oars each, and a boat of smaller fize.

Another account from Efopus informs. us, that on the landing of Gen. Vaughan with the troops under his command, the rebels, without the leaft profpect of advantage to themselves, fired upon them from a breaft work just thrown up, and which they did not ftay to defend. This, joined to an infolent and provoking behaviour, occafioned the army to march up, and fet fire to the town, which was prefently entirely confumed. There were deftroyed 326 houfes, with a barn to almost every one of them, filled with flour, befides grain of all kinds, much valuable furniture and effects, which the royal army difdained to take with them. Twelve thoufand barrels of flour were burnt, and they took at the town four pieces of cannon, with ten more upon the river, with 1150 ftand of arms, and a large quantity of powder was blown up. The whole fervice was effected, and the troops re embarked in three hours."

PAR

PARLIAMENT. [39.632.700.] the account now given by the Noble Noble Lord in queftion to explain it. If

ON the 3d of December the Commons

refolved themselves into a committee of fupply, to confider of the armyeftimates.

As foon as Sir Charles Whitworth took the chair of the committee, Lord Barrington rofe, and moved the following refolutions according to the eftimates then lying on the table. His Lord/hip informed the House, that they nearly correfponded with thofe of the preceding year, except a fum incurred for the dif. ference of the pay of 4000 troops, paid by Ireland, and of courfe on that eftablishment, which deficiency had been lately pointed out by Mr Barry Barry, an Irish member. After giving a detail of the several stations of the troops, his Lordship moved, That 20,000 men be employed in G. Britain for the fervice of the year 1778, guards, garrisons, and invalids included.

Col. Barré defired to know, before any fubfequent fupplies fhould be granted, what was the number of troops ferving in America.

Ld Barrington replied, that the whole army upon paper confifted of 55,095 men, 14,000 of which were under the immediate command of Gen. Carleton, 20,000 under Gen. Howe, and the remaining 21,000, confifting of regulars, provincials, &c. were ferving at New York, Staten ifland, Rhode island, Nova Scotia, the West Indies, Pensacola, &c.

Mr Byng faid, that he fhould be glad to mention a circumftance which occurred to him, on a certain Noble Lord's obferving, the night before, that Gen. Howe always attacked Gen. Washington with an inferior force. I fhould be glad to know, faid he, whether the 20,000 men which are now faid to have landed with Gen. Howe, are inferior to the number of 15,000 men, which has been ftated to be under the command of Gen. Washington. It is a fact, that the Noble Lord yesterday represented the number of our army to be 13,000 men, and the number of Gen. Washington's to be 15,000. It appeared extremely inconfiftent to him, that Gen. Howe hould attack an army of 15,000 men with only 13,000 men, when the number of his army was actually 20,000. This was a circumftance, he concluded, that required investigation; and he called on the VOL. XL.

Lord was correct, we had no great rea

fon to pride ourselves in our fuperior bravery; as we must have had a fuperiority of four to three. The alternative could not be evaded; either we were fuperior, or the Noble Lord who has the fuperintendence of the army misinformed the Houfe; or, if he was right, the Noble Lord in high office was grossly mif. taken.

Ld George Germaine answered, that the queftion was certainly pertinent and proper, and that he should readily anfwer it. He acknowledged, it was true, he had stated the army under Gen. Howe to be 13,000 men, and that of Gen. Wafhington to be 15,000 men, and did fo ftill; but then he neither included in that number the artillery, officers, or wounded foldiers. He only fpoke of 13,000 men with arms on their fhoulders; 13,000 effective men engaged in battle, and that conquered 15,000.

Col. Barré expreffed the greatest furprife at the reply of the Noble Lord. — He never heard fo barefaced, palpable, and mean a quibble in his life.- Never, he faid, did he hear a foldier fo exprefs himself; never, he was convinced, did a minifter of war obtrude on the House of Commons such an assertion : — It is deferving of remembrance, and I promife the Noble Lord, fays he, it fhall be remembered. What, continues the Colonel, exclude from the list of the army the officers and artillery, because they do not carry firelocks! Are not the officers concerned in the battle? Are not the artiilery? Do they nothing towards conqueft? The Noble Lord may have partial experience on his fide, pertaps,. to prove fuch doctrine; but I'll promise him, it would be very ungracious to a British audience, and would gain little credit even in a domeftic circle. The Colonel then called upon the Noble Lord. to declare upon his honour, what was become of Gen. Burgoyne and his brave troops; and whether or not he had not received expreffes from Quebec, informing him of his having furrendered himself, with his whole army, prifoners of war?

Ld George Germaine faid in anfwer,. that he was ever ready to give to theHoufe the moft early and authentic intelligence of any tranfaction within his knowledge; and now, though the recital must give him pain, he knew it to

be

be his duty to inform the Houfe, that he had, indeed, received expreffes from Quebec, with a piece of very unhappy intelligence, which, however, was not authenticated, and he could not declare it officially it had been fent from Ticonderoga to Quebec, and had come to Ticonderoga by the reports of deferters. The tidings were, that Gen. Burgoyne and his army were furrounded by a force greatly fuperior,-cut off from fresh fupplies of provifions, and unable to pierce through the numbers of the enemy; fo fituated, he had been forced to capitulate, and had furrendered himself and his army prifoners, on condition that they fhould engage not to ferve during the war in America, fhould have a fafe conveyance to the water fide, and have leave from thence to return to their native country. It was a moft unwelcome, and a most unfortunate affair; but, however, he hoped, the Houfe would not be over anxious in condemnation, nor decide on the propriety or impropriety of the concerted plan that led to this unhappy event. He hoped they would fufpend their judgements both on the conduct of the general and of the minifter on this occafion. He hoped the conduct of both would appear free from guilt. For his part, he declared he was ready to fubmit his conduct in planning the expedition to the judgement of the Houfe. If it appeared impotent, weak, and injurious, let the cenfure of the Houfe fall upon him. He was ready to abide it; as every minister who regards the welfare of his country, ought at all times to have his conduct fcrutinized by his country.

Col. Barré rofe again, and in a most animated, fevere manner, reprehended the Noble Lord. He declared, he was fhocked at the cool, eafy manner in which he related the fate of the brave Burgoyne. He was more fo at the affurance of infinuating, that a portion of the blame might lie at the door of the General. Was there, he exclaimed, a man in the Houfe who in his heart could fay, that Burgoyne had failed through his own mifconduct? that he had fhewn the leaft fign of cowardice, the leaft fymptom of neglect in the expedition he was thruft into? He was certain, there were none would fay fo. But every man would fay, or at least every man would think, that the man who planned the expedition was to blame. The minifter

alone who concerted the fcheme, is obnoxious to reprehenfion for its failure. It was an inconfiftent scheme, an impracticable one, unworthy of a British minifter, and rather too abfurd for an Indian chief. Remember how frequently, how earneftly, and fincerely, I have warned, fays he, the minifter, of the effects of this plan. I forefaw the confequences: I foretold the event. It was faid I fpoke in prophecy; has not my prophecy come to pafs? But in what terms can I exprefs my surprise at the bravery, my indignation at the effrontery of the Noble Lord, in declaring he will abide the cenfure of this House, and fubmit his conduct to their eye? Does the Noble Lord know the extent of his criminality? Does he know the refentments of this Houfe? I believe he knows neither; but how foon he may, it is not for me to determine.

I would beg leave, continues he, to call the attention of the committee to the conduct of the Americans. They have been branded in this house with every opprobrious epithet that meanness could invent; termed cowardly and inhuman. Let us mark the proof. They have obliged as brave a general as ever commanded a body of British troops to furrender; fuch is their cowardice: and instead of throwing chains upon these troops, they have nobly given them their freedom; fuch is their inhumanity. I only wish from this fingle circumftance, to draw this fair conclufion, that instead of being engaged with a fet of lawless, defperate adventurers, we find them, by experience, to be men of the most exalted fentiments; infpired by that genius of liberty which is the nobleft emotion of the heart, which it is impoffible to conquer, impracticable to dismiss.

Hon. James Luttrell. I find myself under a neceffity of requesting the indulgence of the Houfe for a few minutes, because I think it my duty to take every opportunity of repeating my abhorrence of the mercenary and favage principles of a civil war, which has never yet held out constitutional terms of peace to be its object; and as I do conceive, that whilft unconditional fubmiffion is the language of the ministers and parliament, all efforts to conquer America muft prove in vain, I cannot agree to vote away the lives and properties of my fellow-fubjects, merely for the purpofe of enriching and aggrandising a few fa

vourites

vourites and flatterers placed near the throne.

The Americans, it is evident, will not give up their liberties: they will die firft: all the eloquence of a Cicero cannot perfuade us, that the unfortunate, mifled Burgoyne is victorious; that Gen. Clinton is in defireable fafety; or juftly give the boasted title of conqueror of America to Sir William Howe: yet the latter is reprefented with a great and powerful army in the field; he wants neither for money, nor fhips, nor troops; be wants but the only one neceffary article for confolation in defeat, or permanency and advantage in victory, I mean a juft caufe; and G. Britain never, never can build up fame or dignity to itself upon acts of injuftice and oppreffion.

But minifters have hopes of important fuccefs. Sir, that language ought at leaft to imply, that fome honeft, wife Americans, may, upon found principles, be induced to return to their allegiance. But is there a gentleman in this house that would candidly acquit the abettors of unconditional fubmiffion, of deferving the flavery you endeavour to yoke them with? Is it to obtain fuch a humiliating end, that the American now confoles himself for the loss of a father, friend, or brother, who fell in the battle? No, Sir, it was for liberty they fought, for liberty they died; that only can repay the lofs, and obtain forgiveness of the murder.

The revolution which brought the prefent family to the throne, was obtain ed by men fo refolved; our Magna charta was obtained by men fo refolved; and the Americans have not proved themselves lefs deferving of their liberties, than thofe Britons. An American Magna charta is what they wifely contend for; not a Magna charta to be taxed by strangers a thousand leagues diftant. But the conftitution of this country, if in perfection, if uncorrupted by bribery, and abufe of power, is acknowledged to be one of the happieft that men can live under; therefore I do believe, that many wife and honeft Americans may, upon found principles, prefer it to any new invention of their own. I do not fay the Congress would, nor yet many of their ambitious leaders, nor yet perhaps the virtuous Washington; but if conftitutional freedom were fecured to America, every victory might then gain over

fome worthy friends to our cause, inftead of cowardly deferters, deceitful fpies, or falfe and dangerous pilots.

But minifters tell us that England is rich, and foreigners may be hired to carry on the war. What Briton would give up his laurels to thofe paltry hirelings, and fave our blood? Sir, if honour called to arms, what minifter dared to propose it? Neither are the Germans fo cheap as is pretended; for you muft now pay their hire, and when the war is at an end, you must likewife pay a large additional sum for all thofe who do not return home. Sir, I do not think the Germans will return: for I must pay the compliment to thefe minifters, that I do believe, even they are incapable of making fuch a conftitution for America, that the Germans fhall fly from it to better themselves, by returning to their own native, infamous fhambles, to be again fold by their tyrannical, petty princes.

But our important hope is to be gratified by the poffeffion of Philadelphia. Sir, that town was built for peace and trade, not for war. It extends itself upon a low, flat country, with fcarce one advantageous spot of ground to place a fingle gun on for its defence; therefore, to furround it with great works to fecure yourfelves in winter - quarters, muft create an immenfe expence, befides the lateness of the feafon making fuch an undertaking almost impracticable to be carried into execution. It is then a glorious conqueft to those who may enrich themselves by that new expence, but a calamity to thofe who are to be taxed for that new extravagance.

Or do we wish to be in poffeffion of the most beautiful town in America only to fet fire to it? Are the British legions gone forth merely to warm themfelves by the burning towns upon the coaft? Can bifhops perfuade us, their fmoke fhall rife to an approving God, or on earth celebrate the dignity, the wealth, the honour, the humanity of the Britifi nation?

But minifters are very brave to-day; they are ready to feal with their blood the mifchief of their counfels: and whilft they are fo loudly fupported by a majority of parliament, that language founds well. But I must beg leave to remind them of a ftory which is related of a certain general and ftatefman, who drew all his former friends about the court,

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