fimple fact, whether the perfon is, or is not a fpy, is all that can be the object of their refearches, and his having entered the lines of the enemy's camp, or the garrifon, fubjects him to military execution. As that accufation neither is, nor never has been brought against me, I humbly conceive that the information which I received, namely, that the court would make enquiry concerning what point of view I ought to be confidered under, could not be taken as a fufficient notice of their having an intention to try me then, but could only be thought to fignify that they were to take it into con fideration whether I ought to be looked upon as a British subject or as an American; that in the firft cafe I fhould undergo a legal and impartial trial; in the fecond, I fhould be fet at liberty on my parole. Judge then, my Lord, and Sir, of the aftonishment I must have been in, when I found that they had drawn me by fur. prife into a procedure tending to judgment without knowing it to be fuch, and deprived of the ability of making a legal defence, which it would have been very eafy for me to have done, founded both in law and in fact; when I faw myfelf deftitute of the affiftance of counfel or of witneffes; and when they abruptly informed me that after the procedure of that court I had been condemned to die, and that in a few days. Immediately upon receiving this notice, I fent for the lawyer whom I had originally chofen for my counfel. I here enclofe his opinion concerning the legality of the procefs held against me; and I beg that I may be permitted to refer myself to him. I can af fure you with the utmoft truth, that I both had, and have many reafons to urge in my defence, if you will grant me the favour of a regular trial; if not, (which I cannot however fuppofe from your juftice and equity) I earnedly entreat that my execution may be deferred, that I may at leaft take a laft farewell of my children, and prepare myself for the dreadful change. I hope that you will return me a fpeedy anfwer; and am, with refpect, &c. ISAAC HAYNES. Confultation on the Cafe of Col. Haynes inclefed in his Letter No. IV. to Lord Rawdon and Col. Balfour. Gol. Haynes's State of his Cafe to the Lawyer, Col. Haynes being detained in the Provoft's prifon, and taken, as it is given out, in arms against his majetty, received from major Frafer, on Thursday night, a no tice in thefe words: "A court of enquiry, compofed of four fta- officers and five captains, will assemble to morrow at ten in the morning, in the Province-hall, in order to determine under what point of view you ought to be confidered."—The court met at the time appointed, and the prifoner made his appearance. Neither the members nor witneffes were upon oath. The prifoner confidering it only as a court of enquiry, which was held previous to a formal trial, did not avail himfelf of the liberty granted him to employ counfel, nor did he produce any witneffes, to afcertain a great number of facts tending to his defence, for which indeed he was allowed but a very short time. He was apprized this morning, that the faid lord and colonel, on the rifing of the said court of enquiry, came to the refolution of having the said Haynes executed on Tucfday July 31ft.-Query from the prifoners: "Are fuch proceedings authorised by any law, and is the fubfequent fentence lawful?"* The Lawyer's Anfawer. I. In the notice given you, that the intention was to examine you before a court of enquiry, there is not, even according to the rules of martial law, a fufficient certainty, nor any exprefs accufation, which might be the object of the court's enquiry, or his defence. II. No enemy can be sentenced to death in confequence of any military article, or any other martial procefs that I know of, without a previous trial, except fpies, who by the articles of war, are expressly declared from that right. III. No fubject whatever can or ought to be deprived of his life, liberty, or fortune, unlefs it be by the unanimous award of his peers, and according to the laws of the country. And, to my knowledge, there is not a law which can authorife judgment and fentence like that which they have taken upon themselves to pronounce in this affair. It is an invariable rule, eftablished by law, that every man is to be deemed innocent till his guilt is proved; that being found or taken in arme does not argue criminality fo far as to him der the culprit from making his defence, either by proving a commiffion, or upon any other ground; and that many of those who had taken up arms have beca acquitted upon fuch proofs. IV. In confideration of the principles above adduced, I am pofitively of opinipn," that taking you in the light of an enemy, (not of a fpy) the process carried on againit you is not lawful; but if you are to be confidered as a fubject, fuch proceedings militate againft, and are diametrically contrary to all laws." Signed JOHN COLCOCK. Charleftown, July 29, 1781. No. V. Aufwer of lord Rawdon and col. Balfour, to my letter of the 29th of July, and delivered on the goth, at one 'clock, into my hands by the town major (Frazer.) "I have to inform you, that your ex ecution is not ordered, in consequence of any fentence from a court of enquiry, but by virtue of the authority with which the commander in chief in South Carolina, and the commanding officer in CharlesTown are invested. And their refolves on this fubject are fixed and unchangeable."-I then begged major Frazer, that he would seriously entreat the above said officers to grant a refpite, that I might have time to fend for my children, and bid them the laft farewell. At 3 o'clock the town adjutant, (Cooper) brought me for anfwer, that my request was rejected. On Tuesday July 31, at one in the morning, the deputy provost, (Marshal) brought me information," that it was time tor me to prepare for death, as he had just received orders to that effect, and that I was to leave my apartment at 5 o'clock" In less than half an hour, major Frazer came in and delivered the following meffage. By Nathaniel Green, Efq; Major-General, WHEREAS col. Ifaac Haynes, commanding a regiment of militia, in the fervice of the United States, was taken pri foner by a party of British troops, and af ter a rigorous detention in the Provoft's prifon at Charles-Town, was condemned, and executed on the 4th of this month, in the most cruel and unjuftifiable manner, in open violation of the cartel agreed up on between the two armies, for the release and exchange of all prifoners of war; and it being no lefs the duty than the inclina tion of the army to refent every violence offered to the good citizens of America, to discountenance all those diftinctions which they have endeavoured to establish, in making a difference in various orders of men, found under arms for the fupport of the independence of the United States; and further confidering that these violences are committed with a view of terrifying the good people, and by that means preventing them from acting in conformity with theit political interefts, and private inclinations; and that this method of trying and punithing, in confequence of those diftinctions, is no lefs oppofite to the spi rit of the British, than it is inclufive of an unwarrantable infringement of all the "Col. Haynes, I am to acquaint you, laws of humanity, and the rights of the that in confequence of a petition figned free citizens of the United States: from by governor Bull and many more, as alfo these confiderations I have thought proof your prayer of yesterday, and the hu- per toiffue the prefent proclamation, exmane treatment fhewn by you to the Brit-prefs to declare, "That it is my intentiith prisoners who fell into your hands, you are refpited for 48 hours." Ithanked the commanding officer, for this refpite: this gave me an opportunity of seeing my children. The major had hardly been gone a few minutes, when he returned to Tell me that he had forgot part of his meffage this was, "that if gen. Green fhould offer to expoftulate, in my favour, with the commanding officer, from that inftant the refpite would ceafe, and I should be ordered for immediate excoution." ? No. VI. Aug. ft. 1781. 3'o'clock A. M. Col. Haynes was executed at Charles- on to make reprisals for all fuch inhuman infults, as often as they fhall take place." And whereas the enemy feems willing to expose the finall number of the deceived and feduced inhabitants, who are attached to their interests, if they can but find an opportunity of facrificing the great number that have ftood forth in defense ef our caufe; I farther declare, "That it is my intention to take the officers of the regular forces, and not the feduced inhabitants who have joined their army, for the objects of my reprifals." But while that I am determined to refent every infult that may be offered to the United States, for having maintained our independence, I cannot but lament the neceffity I am under of having recourse to meafures to extremely wounding to the fentiments of humanity, and fo contrary to the liberal principles upon which I with to conduct the war. Ι The following is a proclamation iflued Given at the Head Quarters at Camden, 26th Augutt, 178ri! by general Green, wherein he declares his ten intention of revenging the death of colo-fucoSigned by order, - NATHANIEL GREEN. A Care nel Haynes, by reprifate on the Britis ficers. A Cure for Envy. A the meat and noble men who raise themselves above the common rank of manking, by meritorious actions, are fure to meet with envy and obloquy from their ungrateful countrymen. There is but one thing that can reconcile these fnarlers to the object of their hatred. Let the envied man be but unfortunate, and they will pity him.. Pericles, for a great number of years, administered the affairs of Athens with ability and integrity. This alone was fufficient to raise against him a host of foes; he was the conftant aim of public hatred→→ till be loft a beloved fon : this accident affected him fo much, that he was quite incontolable. The people, now teeing him upon a level with themselves, afflict ed with like paffions, and liable to the fame misfortunes, turned all their hatred and envy to pity-which too often is but a refpectful kind of contempt. C Anecdotes relating to Painters. Cafare Aretbuh. ÆSARE Arethufi, was invited by the duke. of Ferrara, to vilit his court, and received there with extraordinary refpect. That prince fat to him for his portrait, admired the performance highly, gave him evident proofs not only of his favour, but of his friend@hip and esteem; and having, at laft, concluded that his generous treatment muft inevitably have fecured his gratitude (if not his affection) he freely acquainted him with his real inducement for inviting him to Ferrara. Confiding in the integrity of the painter, he told him there was a lady in the city whofe portrait he wished to poffefs; but that it was to be procured in a manner fo fecret, as neither to be suspected by the lady herfelf, nor any of her friends. He promised an immenfe reward to Arethufi, if he was fuccefsful and retentive; he threatened him with the utmoft feverity of his refentment, if ever he fuffered the fecret to tranfpire. The artist watched a proper opportunity to sketch the likeness of the lady, unnoticed by any; and having fhewn it to the duke, he feemed exceedingly ftruck with the refemblance, as well as the graceful air of the figure, and ordered Arethufi to paint a portrait from that -Iketch, as delicately as he poffibly could, but, above all things, recommended it to him, to keep it from every eye except his formance which he accounted perfect; and through an excefe of pride and vani ty, fhewed it privately to feveral of his friends, who could not avoid commending the work, while they detefted the folly and ingratitude of the artist. The fecret thus divulged, circulated expeditiously; it foon reached the ears of the lady, and her family, who were exceedingly irritated; and the duke appeared fo highly enraged at the treachery of Arethuti, that he was almoft provoked to put him to death; but he only banished him for ever from his dominions. Peter Balton. A remarkable incident happened to Peter Balton, a painter of landscape and hiftory, born at Antwerp. When he was at the emperor's court, that prince engaged him to paint a landscape, with a great number of figures. Balton chose for his fubject St. John preaching in the defert, which afforded him an opportuni ty of filling his defigns with a numerous variety of auditors. To every, one of them he gave a ftrong and proper expreffion of attention to the principal fi◄ gure; and every individue having its eyes directed to the preacher. The emperor, from fome motive that was never difcovered, ordered a monftrous elephant to be printed in the place of the faint; fo that the whole auditory feemed then only to expreis an aftonishment at the unwieldy buik and shape of the animal; nor was the picture ever altered. By fome it was conjectured, that the emperor meant it only as a piece of bumour and drollery; by others, it was imputed to a contempt for the artist: but by all the ecclefiaftics it was afcribed to ɛ contempt for religion. Cornelius Bega, TWO particulars are recorded of Cornelius Bega, which, relating to the fame man, are remarkable. He was a landscape painter, born at Haerlem, in 1620; bis morals are faid to have been fo depraved, that his father, after many ineffectual remonftrances, disowned him; be, in return caft off the name of his father, which was Begeyn, and affumed that of Bega. The man thus ftigmatized for depravity of manners, had, however, a mind capable of the most difinterested affection, and the nobleft fortitude: for a woman with whom he had a tender, though not a lawful connection, falling fick of the plague, Bega fhut himself up with her, and, notwithkanding all the intreaties and remonftrances of his frnds, and the phyficians, continued to attend her to the laff moment of her life; and, catching the disease of ber, furvived her but a few days. Extraordinary 1782. Charles VI, King of France. Cold when be of his parents, but he difcovered in his earliest youth, a very amiable difpolition, as well as a strong defire of fignalizing himself in the field. When he was but eight years of age, his father took him one day into his cabinet of curiofities, and bid him take whatever he liked beft. The young prince, like ano. ther Achilles, detpiling the coftly jewels which were fet before him, chofe in preference to them, an old fword, which hung up in the corner of the room! At another time, the king prefenting him with a gold crown, and an helmet, the prince took the helmet, faying, Gardez, Sire, After the death gardez votre couronne.' of Charles the Vth, the duke of Burgundy was charged with the education of the young prince, and the duke of Anjou was cholen regent during his minority. At the age of fifteen, the young monarch took the reins of government into his own hands, headed his army in Flanders, and was at the famous battle of Rosbach. He conducted himself with so much bravery and humanity, that he was adored by his subjects, and the beginning of his reign feemed to promife happiness to France, to complete which, they were defirous of fecuig him married. For this purpofe they procured the portraits of all the princeffes in Europe; but that of fibella of Bruffels, by far eclipfed all the others. Aa ambaffador was immediately fent to demand that princefs, who, being condufted with great. pomp to Amiens, was met there by the impatient monarch, who was in raptures, on finding that the even furpaffed the beautiful portrait he had feen of her. The whole kingdom teftified their joy on this occation, which was ftill more increafed on the birth of a danphin. The king had chofen for his prime minister the illuftrious Olivier de Cliffon, who was equally great in the cabinet and in the field. For fome time the people tafted the sweets of a wife and juft government, under a prince whom they adored. But, alas! the face of things foon wore another aspect. The worthy Bliffon The terrible was affaffinated by Craon. effects which that fatal event produced in the king, threw the whole kingdom into the utmoft confternation. From that hour he fell into a deep melancholy, and often fhewed fymptoms of a difordered mind. He grew fufpicious and jealous of every one about him. In fhort, his whole charafter was totally changed: and his diforder was greatly increased, when he found Hib. Mag. Jan. 1782. that Craon had efcaped the punishment due to his crime, by taking refuge in the court of the duke of Brittany. He infifted, that the culprit fhould be delivered tu, bat, the duke refuting to comply with his demand, Charles was fo enraged, that he determined to wage war against him, and actually marched at the head of his army, with a full refolution to revenge fuch injurious treatment. Mean while his melancholy increased to an alarming degree, and at times he betrayed even idiotical fymptoms. To add to this misfortune, an accident happened, which, for fome time, totally deprived him of reafon. As he was conducting his troops to Angers, he paffed through a thick foreft, about the middle of which, a man of a gigantic fize, and of a moft hideous afpect and figure, bare headed and bare footed, fuddenly rushed out from behind the trees, and feizing the bridle of the king's horfe, cried out, in a terrible voice, Arrete, noble Roi, tu es trahi.'i. e Stop, noble king, thou art betrayed. The king and every one prefent were ftruck with the utmost aftonishment; but imagining that the man was insane, they `y pushed him away, without deigning even to chaftife him for his temerity. The army continued their route, and, paffing the forelt, were obliged to march over a very fandy plain, which caufed great fatigue both to the men and horfes. About noon the heat was fo intenfe, and the duft fo troublesome, that they were under the neceffity of marching exceeding. ly flow. Two pages followed close to the king, one holding his helmet, the other He that held the lance, being his lance. exceedingly fatigued and fleepy, unfortunately let it fall upon the helmet, the noife of which rouzed the king, who was alfo very weary, and, perceiving the point of the lance fo near him, he was greatly alarmed; the words of that hideous figure immediately occurring to his imagination, he could not be perfuaded, but that they aimed at his life, and that the noife of the lance was meant as a signal to the confpirators. Poffeffed with thefe ideas, he drew his fword, fheathed it in the body of the unfortunate page, and, believing every one about him to be his enemies, he became quite frantic, and threw himfelf into the midft of his fquadrons, friking, on his right and left, all who were within his reach, crying out, that they were traitors, and meant to betray him. Aftonishment and terror fized the minds of both officers and foldiers. They fled before him, but he ftill purfed, flaying as he went; yet no one offered to make the leaft refiftance, fo much did they love B and This and refpect him. The duke of Orleans, the flames were foon extinguished. whom he tenderly loved, endeavoured by fatal accident, however, caufed a return the gentleft means to calm his fury. The of his fits; till, at length, his difeafe beking did not fo much as know him, but came incurable. He was even highly inftruck and purfued him, juft as he had cenfed at being treated as a king. He efdone the reft; and the duke would inevi faced the arms on the gold and filver plate tably have fallen a victim to his brother's which was fet before him ; nor did he even frantic rage, if he had not been well know the queen, whofe tenderness, he, mounted, and fled with the utmost expe- with anger and fury in his looks, refentdition into the foreft. They knew not ed, and drove her from his prefence with how to avoid the king's fury, or how to the utmoft violence, denying that he was ftop him, nor could they in the leaft com- a king, or that he was either married, or prehend the meaning of his mad conduct. had children. He would neither change Four gentlemen, endeavouring to ftop his his linen nor his theets, or let them make horfe, were facrificed on the spot. This his bed;, but lay in the midft of his own terrible scene lafted near an hour. At floth till he was almott devoured by verlaft, his fword being broken, and his min, and his whole body was contamiftrength failing, they eafily overpowered nated. At laft, they were obliged to him, and four of his officers took him off make ufe of the following ftratagem to his horfe, and laid him gently on a car, conquer his obftinacy. They procured his eyes ftill rolling with fury, and his ten of the ftouteft men they could find, whole countenance fo diftorted, that it who were marked, and dreffed in white to was perceptible to all, that his brain was appear as phantoms: after stalking round terribly difordered. After difburthening the room where the king lay, they adhim of his heavy attire, they laid him on vanced abruptly to him, feized, and drefa litter, firft taking the precaution of con- fed him in clean linen, changed his bedfining his hands. He then, overcome with ding, and put every thing about him in heat and fatig, fell into a lethargic ftu- the most decent order, without fpeaking por. After fome days reft, his mind be one word. The king was fo terrified, that gan to be compofed, and, though ex- he very quietly fubmitted to every thing tremely weak and feeble, he defired to be they did, and even took from their hands informed of all that had paffed, which they the medicines which no one elfe durft have no fooner acquainted him with, than he offered him. However, except a few fhort was feized with the utmost horror, afked intervals of reafon, which he fometimes pardon of his nobles who were prefent, had, this fad malady did not quit him till and ordered a most liberal provifion to be his death, and was the cause of innumeramade for the widows and children of those ble evils, which plunged the nation into whom he had unhappily deftroyed; but the utmoft mifery during the whole of his his fits of frenzy often returned, and in long life. that melancholy condition he remained for fome time. At length, however, he began to recover his health and spirits, when there happened another accident which threw him again into his former unhappy fituation. To divert the king they had prepared a very magnificent maiked ball, to which he went, difguifed under the figure of a favage, with four young lords who were dreffed in the fame manner, chained to each other, the royal favage holding the chain. Their habits were made of brown cloth, on which a great quantity of flax and hemp were faftened with pitch and tar. The duke of Orleans approaching too near the favages, with a flambeau in his hand, the flax, &c. unfortunately took fire, and not only burnt them in a miferable manner, but also four other maiks who were near. The king would likewife have thared the fame fate, if it had not been for his aunt, the dutchefs of Berry, who had the prefence of mind as well as courage, to throw the train of ker gown over the king, by which means Objections to the Suppofition of an universal E must be a more ingenious archite HE than even bishop Wilkins, who can contrive a fingle veffel large enough for Noah and his family, the beafts, fowls reptiles, and infects, of the whole globe, together with provifions for their fuftenance, during the space of a twelvemonth whilft the lives of each animal, in this con fined ftate, muft also have continued for that time, otherwife fome genus or fpecies must have been intirely deftroyed, without a new creation. If we are to understand likewife the expreffion literally of all, the extirpation of the web-footed fowls would not have followed; nor of the water reptiles and infects. On the other hand, there must have been a new creation of either the falt or fresh water fish, fuppofing the fluid which covered the face of the globe to have been |