RESIGNATION OF MILITIA OFFICERS. | mediately removed from the said city, agreeable to General Washington's request of this house, in his letter of this date.

Whereas a bombardment and attack upon the city of New York by our cruel and inveterate enemy may be hourly expected; and as there are great numbers of women, children, and infirm persons yet remaining in the city, whose continuance will rather be prejudicial you'll prevent them, and excuse this trouble from,

PROCLAMATION

respecting one Iliff and another prisoner, (I sup- | which I have neither authority nor ambition to pose you must mean John Mee he having shared assume. I know of no man, sir, who bears sway the fate you mention) who have been hanged. in this state. It is our peculiar felicity, and our Buskirk, Earl and Hammel, who are, I superiority over the tyrannical system we have presume, the officers intended, with the said | discarded, that we are not swayed by men.— Browne, were sent to me by general Dick- In New-Jersey, sir, the laws alone bear sway. enson 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 be

fore 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 StatenIsland. Had he never been subject to this state, he would have forfeited his life as a 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.

BY JOHN BURGOYNE, ESQ., LIEUTENANT GENERAL OF HIS MAJESTY'S ARMIES IN AMERICA, COLONEL OF THE QUEEN'S REGIMENT OF LIGHT DRAGOONS, GOVERNOR OF FORT WILLIAM IN NORTH BRITAIN, ONE OF THE REPRESENTATIVES OF THE COMMONS OF GREAT BRITAIN, AND COMMANDING AN ARMY AND FLEET EMPLOYED ON AN EXPEDITION FROM CANADA, ETC., ETC. The forces entrusted to my command, are designed to act in concert, and upon a common principle, with the numerous armies and fleets which already display in every quarter of America, the power, the justice, and, when properly sought, the mercy of the king.

The cause in which the British arms is thus exerted, applies to the most affecting interests of the human heart; and the military servants of the crown, at first called forth for the sole purpose of restoring the rights of the constitution, now combine with love of their country, and duty to their sovereign, the other extensive incitements, which form a due sense of the general privileges of mankind. To the eyes and ears of the temperate part of the public, and the breasts of suffering thousands, in the provinces, be the melancholy appeal, whether the present unnatural rebellion has not been made a foundation for the completest system of tyranny that ever God, in his displeasure, suffered for a time to be exercised over a froward and stubborn generation.

Arbitrary imprisonment, confiscation of property, persecution, and torture, unprecedented in the inquisition of the Romish church, are among the palpable enormities that verify the affirmative. These are inflicted, by assemblies and committees, who dare to profess themselves friends to liberty, upon the most quiet subjects, without distinction of age or sex, for the sole crime, often for the sole suspicion, of having adhered in principle to the government under which they were born, and to which, by every tie, divine and human, they owe allegiance. To consummate these shocking proceedings, the profanation of religion is added to the most profligate prostiP. S. You have distinguished me by a title tution of common reason, the consciences of

I am, with all due respect, your most

humble servant,

WILLIAM LIVINGSTON.

JAMES ROBERTSON, Esq. etc. etc.

men are set at nought; and multitudes are | pensable prosecution of military duty must compelled not only to bear arms, but also occasion, will bar the way to their return.

to swear subjection to an usurpation they abhor.

JOHN BURGOYNE.
Camp, at Ticonderoga, July 2, 1777.
By order of his excellency the lieut. general.
ROBERT KINGSTON, Secretary.

A REPLY TO BURGOYNE'S PROCLAMATION. TO JOHN BURGOYNE, Esq. lieutenant general of his majesty's armies in America, colonel of the queen's regiment of light dragoons, governor of Fort William in North Britain, one of the representatives of Great Britain, and commanding an army and fleet employed on an expedition from Canada, etc. etc.

sublime general!

Animated by these considerations-at the head of troops in the full powers of health, discipline, and valor-determined to strike where necessary and anxious to spare where possible-I, by these presents, invite and exhort all persons, in all places where the progress of this army may point-and by the blessing of God I will extend it far-to maintain such a conduct as may justify me in protecting their lands, habitations, and families. The intention of this address is to hold forth security, not depredation to the country. To those, whom spirit and principle may induce to partake the glorious task of redeeming their Most high, most mighty, most puissant and countrymen from dungeons, and re-establishing the blessings of legal government, I offer encouragement and employment; and, upon the first intelligence of their association, I will find means to assist their undertakings. The domestic, the industrious, the infirm, and even the timid inhabitants, I am desirous to protect, provided they remain quietly at their houses; that they do not suffer their cattle to be removed, nor their corn or forage to be secreted or destroyed; that they do not break up their bridges or roads; nor by any other act, directly or indirectly, endeavor to obstruct the operations of the king's troops, or supply or assist those of the enemy.

When the forces under your command arrived at Quebec in order to act in concert and upon a common principle with the numerous fleets and armies which already display in every quarter of America, the justice and mercy of your king, we, the reptiles of America, were struck with unusual trepidation and astonishment. But what words can express the plenitude of our horror, when the colonel of the queen's regiment of light dragoons advanced toward Ticonderoga. The mountains shook before thee, and the trees of the forest bowed their lofty heads-the vast lakes of the north were chilled at thy presence, and the mighty cataracts stopped their tremendous career, and were suspended in awe at thy approach. Judge, then, Oh! ineffable goverIn consciousness of christianity, my royal nor of Fort William in North Britain, what master's clemency, and the honor of soldier- must have been the terror, dismay, and despair ship, I have dwelt upon this invitation, and that overspread this paltry continent of Amerwished for more persuasive terms to give ica, and us, its wretched inhabitants. Dark it impression. And let not people be led and dreary indeed, was the prospect before us, to disregard it, by considering their distance till, like the sun in the horizon, your most grafrom the immediate situation of my camp. I cious, sublime, and irresistible proclamation, have but to give stretch to the Indian | opened the doors of mercy, and snatched us, forces under my direction-and they amount as it were, from the jaws of annihilation. to thousands to overtake the hardened enemies of Great Britain and America. I consider them the same, wherever they may lurk.

Every species of provision, brought to my camp, will be paid for at an equitable rate, and in solid coin.

If, notwithstanding these endeavors, and sincere inclination to effect them, the frenzy of hostility should remain, I trust I shall stand acquitted in the eyes of God and man in denouncing and executing the vengeance of the state against the wilful outcasts. The messengers of justice and of wrath await them in the field; and devastation, famine, and every concomitant horror, that a reluctant, but indis

We foolishly thought, blind as we were, that your gracious master's fleets and armies were come to destroy us and our liberties; but we are happy in hearing from you (and who can doubt what you assert ?) that they were called forth for the sole purpose of restoring the rights of the constitution, to a froward and stubborn generation.

And is it for this, Oh! sublime lieutenant general, that you have given yourself the trouble to cross the wide Atlantic, and with incredible fatigue traverse uncultivated wilds? And we ungratefully refuse the proffered

blessing?-To restore the rights of the consti- | prince, who, by his royal will, would deprive us tution you have called together an amiable of every blessing of life, with all possible host of savages, and turned them loose to clemency. scalp our women and children, and lay our country waste-this they have performed with their usual skill and clemency; and yet we remain insensible of the benefit, and unthankful for so much goodness.

Our congress have declared independence, and our assemblies, as your highness justly observes, have most wickedly imprisoned the avowed friends of that power with which they are at war, and most profanely compelled those, whose consciences will not permit them to fight, to pay some small part toward the expenses their country is at, in supporting what is called a necessary defensive war. If we go on thus in our obstinacy and ingratitude, what can we expect, but that you should, in your anger, give a stretch to the Indian forces under your direction amounting to thousands, to overtake and destroy us! or, which is ten times worse, that you should withdraw your fleets and armies, and leave us to our own misery, without completing the benevolent task you have begun, of restoring to us the rights of the constitution.

We are domestic, we are industrious, we are infirm and timid: we shall remain quietly at home, and not remove our cattle, our corn, or forage, in hopes that you will come, at the head of troops, in the full powers of health, discipline, and valor, and take charge of them for yourselves. Behold our wives and daughters, our flocks and herds, our goods and chattels, are they not at the mercy of our lord the king, and of his lieutenant general, member of the house of commons, and governor of Fort William in North Britain? A. B.

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 SU-
PREME COURT, HELD AT KINGSTON, IN
ULSTER COUNTY, SEPT. 9, 1777.

Advertisement. The following charge was

were convening, and the whole system 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.

We submit--we submit-most puissant colonel of the queen's regiment of light dragoons, and governor of Fort William in North Bri-given at a time when the assembly and senate tain! We offer our heads to the scalping knife, and our bellies to the bayonet. Who can resist the force of your eloquence? Who can withstand the terror of your arms? The invitation you have made, in the consciousness of Christianity, your royal master's clemency, and the honor of soldiership, we thankfully GENTLEMEN-It affords me very sensible accept. The blood of the slain, the cries of in-pleasure to congratulate you on the dawn of jured virgins and innocent children, and the never ceasing sighs and groans of starving wretches, now languishing in the jails and prison ships of New York, call on us in vain; while your sublime proclamation is sounded in our ears. Forgive us, O our country! Forgive us, dear posterity! Forgive us, all ye foreign powers, who are anxiously watching our conduct in this important struggle, if we yield implicitly to the persuasive tongue of the most elegant colonel of her majesty's regiment of light dragoons.

Forbear, then, thou magnanimous lieutenant general! Forbear to denounce the vengeance against us-Forbear to give a stretch to those restorers of constitutional rights, the Indian forces under your direction.-Let not the messengers of justice and wrath await us in the field, and devastation, and every concomitant horror, bar our return to the allegiance of a

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 has spread, in greater or less degree, 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 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 proprie

tors, and ought to be the fathers, not the in- | free; and, undaunted by the power of Britain, cendiaries of their people, hath, by destroying | refer their cause to the justice of the Almighty, 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 whatever, has reduced us to the happy necessity 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.

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.

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 The Americans are the first people whom prince, and this people, should obstinately steel heaven has favored with an opportunity of their hearts, and shut their ears, against the deliberating upon, and choosing the forms of most humble petitions and affectionate remon-government under which they should live ;-all strances; and unjustly determine, by violence other constitutions have derived their existence and force, to execute designs which were re-from violence or accidental circumstances, and probated 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 common ancestors How far the people of this state have imwith themselves; men, who had literally con- proved this opportunity, we are at no loss to tributed to their support, and cheerfully fought | determine.—Their constitution has given gentheir battles, even in remote and baleful cli-eral satisfaction at home, and been not only mates? Will it not appear extraordinary, that approved, but applauded abroad. It would be thirteen colonies, the object of their wicked a pleasing task to take a minute view of it, to designs, divided by variety of governments and investigate its principles, and remark the conmanners, should immediately become one peo- nection and use of its several parts—but that ple, and though without funds, without maga- would be a work of too great length to be zines, without disciplined troops, in the face of proper on this occasion. I must therefore contheir enemies, unanimously determine to be fine myself to general observations; and among

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