retaliating on the families of those, who had taken part with the British. In the first months of the year 1781, the British were in force, in the remotest settlements of South Carolina; but as their limits were contracted, in the course of the year, the male inhabitants, who joined them, thought proper to retire with the royal army towards the capital. In retaliation for the expulsion of the wives and children of the whig Americans from the state, governor Rutledge ordered the brigadiers of militia, to send within the British lines, the families of such of the inhabitants as adhered to their interest. In consequence of this order, and, more especially, in consequence of the one which occasioned it, several hundreds of helpless women and children were reduced to great distress.

The refugees, who had fled to New York, were formed into an association under sir Henry Clinton, for the purposes of retaliating on the Americans, and for reimbursing the losses they had sustained from their countrymen. The depredations they committed, in their several excursions, would fill a volume, and would answer little purpose but to excite compassion and horror. Towards the close of the war, they began to retaliate on a bolder scale. Captain Joshua Huddy, who commanded a small party of Americans at a blockhouse, in Monmouth county, New Jersey, was, after a gallant resistance, taken prisoner by a party of these refugees. He was carried to New York, and there kept in close custody fifteen days; and then told," that he was ordered to be hanged." Four days afterwards, he was sent out with a party of refugees, and hanged. The following label was affixed to his breast. "We the refugees, having long with grief beheld the cruel murders of our brethren, and finding nothing but such measures daily carrying into execution, therefore determine not to suffer without taking vengeance for the numerous cruelties; and thus begin, and have made use of captain Huddy, as the first object to present to your view; and further determine to hang man for man, while there is a refugee existing. Up goes Huddy for Philip White." The Philip White, in retaliation for whom Huddy was hanged, had been

taken by a party of the Jersey militia, and was killed in attempting to make his escape.

Washington resolved on a retaliation for this deliberate murder; but, instead of immediately executing a British officer, he wrote to sir Henry Clinton, that, unless the murderers of Huddy were given up, he should be under the necessity of retaliating. The former being refused, captain Asgill was designated by lot for that purpose. In the meantime, the British instituted a court martial for the trial of captain Lippencutt, who was supposed to be the principal agent, in executing captain Huddy. It appeared in the course of this trial, that governor Franklin, the president of the board of associated loyalists, gave Lippencutt verbal orders for what he did; and that Huddy had been designated as a proper subject for retaliation, having been, as the refugees stated, a persecutor of the loyalists, and, particularly, as having been instrumental in hanging Stephen Edwards, who had been one of that description. The court, having considered the whole matter, gave their opinion: "that, as what Lippencutt did was not the effect of malice or ill-will, but proceeded from a conviction, that it was his duty to obey the orders of the board of directors of associated loyalists, and as he did not doubt their having full authority to give such orders, he was not guilty of the murder laid to his charge; and therefore they acquitted him." Sir Guy Carleton, who, a little before, had been appointed commander in chief of the British army, in a letter to Washington, accompanying the trial of Lippencutt, declared, "that, notwithstanding the acquittal of Lippencutt, he reprobated the measure, and gave assurances of prosecuting a further inquiry." Sir Guy Carleton, about the same time, broke up the board of associated loyalists, which prevented a repetition of similar excesses. The war also drawing near to a close, the motives for retaliation, as tending to prevent other murders, in a great measure ceased. In the meantime, Washington received a letter, from the count de Vergennes, interceding for captain Asgill, which was also accompanied by a very pathetic one, from his mother, Mrs. Asgill, to the count. Copies of these several

letters were forwarded to congress, and soon afterwards they resolved, "that the commander in chief be directed to set captain Asgill at liberty." The lovers of humanity rejoiced, that the necessity for retaliation was superseded, by the known humanity of the new commander in chief, and, still more, by the well-founded prospect of a speedy peace. Asgill, who had received every indulgence, and who had been treated with all possible politeness, was released and permitted to go into New York.

APPENDIX No. VI.

An Act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes.

BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the passage of this act, the entrance of the harbours and waters of the United States and of the territories thereof, be, and the same is hereby interdicted to all public ships and vessels belonging to Great Britain or France, excepting vessels only which may be forced in by distress, or which are charged with despatches or business from the government to which they belong, and also packets having no cargo nor merchandise on board. And if any public ship or vessel as aforesaid, not being included in the exception above-mentioned, shall enter any harbour or waters within the jurisdiction of the United States, or of the territories thereof, it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land and naval forces, or of the militia of the United States, or the territories thereof, as he shall deem necessary, to compel such ship or vessel to depart.

SEC. 2. And be it further enacted, That it shall not be lawful for any citizen or citizens of the United States or the territories thereof, nor for any person or persons residing or being in the same, to have any intercourse with, or to afford any aid or supplies to any public ship or vessel as aforesaid, which shall, contrary to the provisions of this act, have entered any harbour or waters within the jurisdiction of the United States or the territories thereof; and if any person shall, contrary to the provisions of this act, have any intercourse with such ship or vessel, or shall afford any aid to such ship or vessel, either in repairing the said vessel, or in furnishing her, her officers and crew with supplies of any kind, or in any manner whatever, or if any pilot or other person shall assist in navigating or piloting such ship or vessel, unless it be for the purpose of carrying her beyond the limits and jurisdiction of the United States, every person, so offending, shall forfeit and pay a sum not less than one hundred dollars, nor exceeding ten thousand dollars; and shall also be imprisoned for a term not less than one month, nor more than one year.

SEC. 3. And be it further enacted, That from after the twentieth day of May next, the entrance of the harbours and waters of the United States, and the territories thereof, be, and the same is hereby interdicted to all ships or vessels sailing under the flag of Great Britain or France, or owned in whole or in part by any citizen or subject of either; vessels hired, chartered or employed by the government of either country for the sole purpose of carrying letters or despatches, and also vessels forced in by distress, or by the dangers of the sea, only excepted. And if any ship or vessel sailing under the flag of Great Britain or France, or owned in whole or in part by any citizen or subject of either, and not excepted as aforesaid, shall, after the said twentieth day of May next, arrive either with or without a cargo, within the limits of the United States or of the territories thereof, such ship or vessel, together with the cargo, if any, which may be found on board, shall be forfeited, and may be seized and condemned in any court of the United States or the territories thereof, having competent jurisdiction; and all and every act

and acts heretofore passed, which shall be within the purview of this act, shall be, and the same are hereby repealed.

SEC. 4. And be it further enacted, That from and after the twentieth day of May next, it shall not be lawful to import into the United States or the territories thereof, any goods, wares or merchandise whatever, from any port or place situated in Great Britain or Ireland, or in any of the colonies or dependencies of Great Britain, nor from any port or place situated in France, or in any of her colonies or dependencies, nor from any port or place in the actual possession of either Great Britain or France. Nor shall it be lawful to import into the United States, or the territories thereof, from any foreign port or place whatever, any goods, wares, or merchandise whatever, being of the growth, produce, or manufacture of France, or of any of her colonies or dependencies, or being of the growth, produce or manufacture of Great Britain or Ireland, or of any of the colonies or dependencies of Great Britain, or being of the growth, produce or manufacture of any place or country in the actual possession of either France or Great Britain: Provided, That nothing herein contained shall be construed to affect the cargoes of ships or vessels wholly owned by a citizen or citizens of the United States, which had cleared for any port beyond the Cape of Good Hope, prior to the twenty-second day of December, one thousand eight hundred and seven, or which had departed for such port by permission of the President, under the acts supplementary to the act laying an embargo on all ships and vessels in the ports and harbours of the United States.

SEC. 5. And be it further enacted, That whenever any article or articles, the importation of which is prohibited by this act, shall, after the twentieth of May, be imported into the United States or the territories thereof, contrary to the true intent and meaning of this act, or shall, after the said twentieth of May, be put on board of any ship or vessel, boat, raft or carriage, with intention of importing the same into the United States, or the territories thereof, all such articles, as well as all other articles on board the same ship or vessel, boat, raft or carriage, belonging to the owner of such prohi