I. LETTER FROM MAJOR GENERAL ROBERTSON TO HIS EXCELLENCY GOVERNOR LIVINGSTON. NEW YORK, January 4, 1777. SIR-I am interrupted in my daily attempts to soften the calamities of persons, and reconcile their case with our security, by a general cry of resentment, arising from an information

That officers in the king's service, taken on the 27th of November, and Mr. John Brown, a deputy commissary, are to be tried in Jersey for high treason; and that Mr. Iliff and another prisoner have been hanged.

Though I am neither authorized to threaten or to soothe, my wish to prevent an increase of horrors, will justify my using the liberty of an old acquaintance, to desire your interposition to put an end to, or prevent measures which, if pursued on one side, would tend to prevent every act of humanity on the other, and render every person who exercises this to the king's enemies, odious to his friends.

I need not point out to you all the cruel consequences of such a procedure. I am hopeful you'll prevent them, and excuse this trouble from,

Sir, your obedient humble servant,
JAMES ROBERTSON.

N. B. At the moment that the cry of murder reached my ears, I was signing orders that Fell's request to have the liberty of the city, and Colonel Reynold now be set free on his parole, should be complied with. I have not recalled the order, because, though the evidence be strong, I cannot believe it possible, a measure so cruel and unpolitic, could be adopted, where you bear sway. TO WILLIAM LIVINGSTON, Esq., etc., etc.

GOVERNOR LIVINGSTON'S ANSWER.
January 7, 1777.

SIR -Having received a letter under your signature, dated the 4th instant, which I have some reason to think you intended for me, I sit

down to answer your inquiries concerning certain officers in the service of your king, taken on Staten Island, and one Browne, who calls himself a deputy commissary; and also respecting one Iliff and another prisoner, (I suppose you must mean John Mee, he having shared the fate you mention,) who have been hanged.

Buskirk, Earl and Hammel, who are, I presume, the officers intended, with the said Browne, were sent to me by General Dickenson, as prisoners taken on Staten Island. Finding them all to be subjects of this state, and to have committed treason against it, the council of safety committed them to Trenton jail. At the same time I acquainted General Washington, that if he chose to treat the three first, who were British officers, as prisoners of war, I doubted not the Council of Safety would be satisfied. General Washington has since informed me, that he intends to consider them as such; and they are therefore at his service, whenever the commissary of prisoners shall direct concerning them. Browne, I am told, committed several robberies in this state, before he took sanctuary on Staten Island, and I should scarcely imagine that he has expiated the guilt of his former crimes, by committing the greater one, of joining the enemies of his country. However, if General Washington chooses to consider him also as a prisoner of war, I shall not interpose in the matter.

Iliff was executed after a trial by a jury, for enlisting our subjects, himself being one, as recruits in the British army, and he was apprehended on his way with them to Staten Island. Had he never been subject to this state, he would have forfeited his life as spy. Mee was one of his company, and had also procured our subjects to enlist in the service of the enemy.

If these transactions, sir, should induce you to countenance greater severities towards our people, whom the fortune of war has thrown into your

power, than they have already suffered, you will pardon me for thinking that you go farther out of your way to find palliatives for inhumanity than necessity seems to require; and if this be the cry of murder to which you allude, as having reached your ears, I sincerely pity your ears for being so frequently assaulted with cries of murder much more audible, because much less distant; I mean the cries of your prisoners, who are constantly perishing in the jails of New York, the coolest and most deliberate kind of murder, from the rigorous manner of their treatment.

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Divine Providence has made the tyranny of princes instrumental in breaking the chains of their subjects, and rendered the most inhuman designs, productive of the best consequences, to those against whom they were intended.

The infatuated sovereign of Britain, forgetful that kings were the servants, not the proprietors, and ought to be the fathers, not the incendiaries of their people, hath, by destroying our former Constitutions, enabled us to erect more eligible systems of government on their ruins, and, by unwarrantable attempts, to bind us, in all cases

WILLIAM LIVINGSTON.

JAMES ROBERTSON, Esq., etc., etc., etc.

P. S. You have distinguished me by a title which I have neither authority nor ambition to assume. I know of no man, sir, who bears sway in this state. It is our peculiar felicity, and our superiority over the tyrannical system we have discarded, that we are not swayed by men. In New Jersey, sir, the laws alone bear sway.

II. JUDGE JAY'S CHARGE.

The charge delivered by JOHN JAY, Esq., Chief Justice of the State of New York, to the Grand Jury of the Supreme Court, held at Kingston, in Ulster County, September 9, 1777.*

GENTLEMEN :—It affords me very sensible pleasure to congratulate you on the dawn of that free, mild and equal government, which now begins to rise and break from amidst those clouds of anarchy, confusion, and licentiousness, which the arbitrary and violent domination of the king of Great Britain had spread, in greater or less degrees, throughout this and the other American states. And it gives me particular satisfaction to remark, that the first fruits of our excellent Constitution appear in a part of this state, whose inhabitants have distinguished themselves, by having unanimously endeavored to deserve them.

This is one of those signal instances, in which

* ADVERTISEMENT.-The following charge was given at a time. when the Assembly and Senate were convening, and the whole sys

tem of government, established by the Constitution, about being put in motion, The Grand Inquest was composed of the most respectable characters in the county, and no less than twenty-two of them attended and were sworn. VOL. I.-63

of being free from his control in any.

Whoever compares our present with our former Constitution, will find abundant reason to rejoice in the exchange, and readily admit, that all the calamities, incident to this war, will be amply compensated by the many blessings flowing from this glorious revolution. A revolution which, in the whole course of its rise and progress, is distinguished by so many marks of the Divine favor and interposition, that no doubt can remain of its being finally accomplished.

It was begun, and has been supported, in a manner so singular, and I may say, miraculous, that when future ages shall read its history, they will be tempted to consider great part of it as fabulous. What, among other things, can appear more unworthy of credit, than that in an enlightened age, in a civilized and Christian country, in a nation so celebrated for humanity, as well as love of liberty and justice, as the English once justly were, a prince should arise, who, by the influence of corruption alone, should be able to seduce them into a combination, to reduce three millions of his most loyal and affectionate subjects, to absolute slavery, under pretence of a right, appertaining to GoD alone, of binding them in all cases whatever, not even excepting cases of conscience and religion? What can appear more improbable, although true, than that this prince, and this people, should obstinately steel their hearts, and shut their ears, against the most humble petitions and affectionate remonstrances, and unjustly determine, by violence and force, to execute designs which were reprobated by every principle of humanity, equity, gratitude and policy-designs which would have been execrable, if intended against savages and enemies, and yet formed against men descended from the same com

mon ancestors with themselves; men, who had liberally contributed to their support, and cheerfully fought their battles, even in remote and baleful climates? Will it not appear extraordinary, that thirteen colonies, the object of their wicked designs, divided by variety of governments and manners, should immediately become one people and, though without funds, without magazines, without disciplined troops, in the face of their enemies, unanimously determine to be free; and, undaunted by the power of Britain, refer their cause to the justice of the Almighty, and resolve to repel force by force? Thereby presenting to the world an illustrious example of magnanimity and virtue scarcely to be paralleled. Will it not be matter of doubt and wonder, that, notwithstanding these difficulties, they should raise armies, establish funds, carry on commerce, grow rich by the spoils of their enemies, and bid defiance to the armies of Britain, the mercenaries of Germany, and the savages of the wilderness? But, however incredible these things may in future appear, we know them to be true, and we should always remember, that the many remarkable and unexpected means and events, by which our wants have been supplied, and our enemies repelled or restrained, are such strong and striking proofs of the interposition of heaven, that our having been hitherto delivered from the threatened bondage of Britain, ought, like the emancipation of the Jews from Egyptian servitude, to be forever ascribed to its true cause, and instead of swelling our breasts with arrogant ideas of our prowess and importance, kindle in them a flame of gratitude and piety, which may consume all remains of vice and irreligion.

Blessed be God! the time will now never arrive when the prince of a country, in another quarter of the globe, will command your obedience and hold you in vassalage. His consent has ceased to be necessary, to enable you to enact laws essential to your welfare; nor will you, in future, be subject to the imperious sway of rulers, instructed to sacrifice your happiness, whenever it might be inconsistent with the ambitious views of their royal master.

The Americans are the first people whom heaven has favored with an opportunity of deliberating upon, and choosing the forms of government under which they should live; all other constitutions have derived their existence from

violence or accidental circumstances, and are therefore probably more distant from their perfection, which, though beyond our reach, may nevertheless be approached under the guidance of reason and experience.

How far the people of this state have improved this opportunity, we are at no loss to determine. Their Constitution has given general satisfaction at home, and been not only approved, but applauded abroad. It would be a pleasing task to take a minute view of it, to investigate its principles, and remark the connection and use of its several parts; but that would be a work of too great length to be proper on this occasion. I must therefore confine myself to general observations; and among those which naturally arise from a consideration of this subject, none are more obvious, than that the highest respect has been paid to those great and equal rights of human nature, which should forever remain inviolate in every society; and that such care has been taken in the disposition of the legislative, executive and judicial powers of government, as to promise permanence to the Constitution, and give energy and impartiality to the distribution of justice. So that, while you possess wisdom to discern, and virtue to appoint men of worth and abilities, to fill the offices of the state, you will be happy at home and respectable abroad. Your life, your liberties, your property, will be at the disposal only of your Creator and yourselves. You will know no power but such as you will create, no authority unless derived from your grant; no laws, but such as acquire all their obligations from your consent.

Adequate security is also given to the rights of conscience and private judgment. They are, by nature, subject to no control but that of the Deity, and in that free situation they are now left. Every man is permitted to consider, to adore and to worship his Creator in the manner most agreeable to his conscience. No opinions are dictated; no rules of faith prescribed; no preference given to one sect to the prejudice of others. The Constitution, however, has wisely declared, that the "liberty of conscience, thereby granted, shall not be so construed, as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state." In a word, the Convention, by whom that Constitution was formed, were of opinion, that the Gospel of CHRIST, like the ark of

GOD, would not fall, though unsupported by the arm of flesh, and happy would it be for mankind, if that opinion prevailed more generally.

But let it be remembered, that whatever marks of wisdom, experience and patriotism there may be in your Constitution, yet, like the beautiful symmetry, the just proportions, and elegant forms of our first parent, before their Maker breathed into them the breath of life, it is yet to be animated, and till then, may indeed excite admiration, but will be of no use. From the people it must receive its spirit, and by them be quickened. Let virtue, honor, the love of liberty and of science be, and remain, the soul of this Constitution, and it will become the source of great and extensive happiness to this and future generations. Vice, ignorance, and want of vigilance, will be the only enemies able to destroy it. Against these provide, and, of these, be forever jealous. Every member of the state, ought diligently to read and study the Constitution of his country, and teach the rising generation to be free. By knowing their rights, they will sooner perceive when they are violated, and be the better prepared to defend and assert them.

This, gentlemen, is the first court held under the authority of our Constitution, and I hope its proceedings will be such, as to merit the approbation of the friends, and avoid giving cause of censure to the enemies, of the present establish

ment.

It is proper to observe, that no person in this state, however exalted or low his rank, however

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dignified or humble his station, but has a right to the protection of, and is amenable to the laws of the land; and that if those laws be wisely made, and duly executed, innocence will be defended, oppression punished, and vice restrained. Hence it becomes the common duty, and indeed the common interest, of every subject of the state, and particularly of those concerned in the distribution of justice, to unite in repressing the licentious, in supporting the laws, and thereby diffusing the blessings of peace, security, order, and good government, through all degrees and ranks of men

among us.

I presume it will be unnecessary to remind you, that neither fear, favor, resentment, or other personal and partial considerations, should influence your conduct. Calm, deliberate reason, candor, moderation, a dispassionate, and yet a determined resolution to do your duty, will, I am persuaded, be the principles by which you will be directed.

You will be pleased to observe, that all offences committed in this county against the peace of the people of this state, from treason to trespass, are proper objects of your attention and inquiry.

You will pay particular attention to the prac tice of counterfeiting the bills of credit, emitted by the general CONGRESS, or other of the AMERICAN STATES, and of knowingly passing such counterfeits. Practices no less criminal in themselves, than injurious to the interest of that great cause, on the success of which the happiness of AMERICA so essentially depends.