he enquiry, and to the fame tribunal Capt. Sutton ought to have applied for condemnation of the Commodore's conduct. It was a very unfit subject for an English jury.

Mr. Lee made a very able reply, and ridiculed the advice of the Attorney General, for an Englishman to refort to a Court martial for damages, and not to a jury of his country.

The Lord Chief Baron in his charge to the jury, observed, that it was neceffary

they were fatisfied of two facts: First, that the Commodore was actuated by malice to order Captain Sutton under an arreft: adly, that he could not try him at fea with naval convenience. He said that the extreme length of the trial prevented him making any obfervation on the evidence: he left the whole to their confideration.

The jury, which was fpecial, retired about feven o'clock, and at eight on Sunday morning gave a verdict of googl. damages to Captain Sutton.

recites, "That the laws heretofore

I made, and the laws now in force, to prevent the clandeftine importation and running of prohibited goods, and goods liable to the payment of duties, into this kingdom, have not been fufficient to anfver the good purposes thereby intended, that pernicious trade having of late been greatly increased, by large armed veffels at fea, and by numerous gangs of fmugglers upon land, to the great lafs and prejudice of the public revenue, the detriment of the fair trader, and the endangering the lives of the officers of the revenue.

It therefore enacts, "That after a time to be limited by the bill, that all ships and veffels built in, or belonging to, Great Britain, or any of his Majefty's dominions, navigating within certain limits and having on board foreign fpiritous liquors, in veffels or cafks, which shall not contain gallons, except only for the ufe of the feamen on board; or any tea, exceeding the quantity of weight; or any goods liable to forfeiture, then, not only all fuch goods, but the ship fhall

be

There are claufes directing, "That all veffels built in Great Britain, called cut ters, luggers, fhallops, with clinch work bottoms, and all British veffels, having carriage or fwivil guns, or other arms or ammunition, ball be-inflicting a penalty on perfons building clinch work veffels-exempting certain fhips and veffels, particularly defcribed in the bill, and likewife thips employed by the Admiralty, Navy, Victualling, or Ordnance office, or packet boats, from forfeiture-directing owners of licensed veffels to regifter their licences at the Custom-houfe-punishing perfons who fhall oppose or ill-treat any officers of the revenue, or their affiftants, in attempting to go on board a veffel, and

for punishing the master of the veffel for

refufing to deliver up the perfon obftructing

making provision for the widows and families of revenue officers killed or wounded in the execution of their officerequiring fhips and veffels within certain limits to bring to when required, or upon being chafed by any Custom-house or Excife cutter-inflicting a penalty upon thips or veffels not being in the fervice of the revenue, hofting colours, or extending the restrictions of certain acts to pinnaces, barges, gallies, and veffels above certain dimenfions requiring masters of vessels coming in or going outwards in ballaft, to make report upon oath of fuch veffels inwards and outwards.

It recites, "That the mafters of vessels trading from feveral foreign parts, do frequently bring great quantities of prohibited goods, liable to high duties, for the pur pofe of fmuggling the fame; and if they are prevented, they then report the bales and packages of fuch goods contents unknown, to be carried back in the fame veffel, to gain an opportunity of running the fame on fhore in this kingdom, in their paffage outwards, to the great prejudice of the public revenue.-It therefore impowers the officers of the Cuftoms to open goods reported contents unknown for exportation.

It alfo recites, "That by an act of the 21ft of the prefent King, and other subfequent acts, the officers of excife are impowered to feize tea and fpirits removing without permits, and the veffels, horfes, and carriages, ufed in removing thereof; and that it is expedient that his Majefty's officers of the Customs should have the like power; it therefore gives the fame power to the Custom-house officers.

A claufe follows, "Impowering two Juftices of the peace to determine upon

feizure

leizure of horfes, boats, and carriages, ufed in conveying goods liable to forfeiture -inflicting a penalty on Cuftom-houfe or Excife officers taking a bribe, or making collufive feizures, and likewife upon perfons offering fuch bribes or making fuch collufive agreements-fettling the diftribution of penalties and forfeitures, and directing that veffels feized fhall be broken

up unlefs deemed fit for his Majefty's fervice, and then to be purchafed by the Ad; miralty.

It then recites the act 23 Geo. III. «For the more effectually preventing vexatious fuits against the officers of Excife, and extends the fame to the Cuttoms-with a claufe for limitation of actions and allowing the general iffue to be pleaded."

An ACT to preferve the Freedom and Independence of this State, and for other purposes therein mentioned. Paffed May 12th, 1784.

W HEREAS it is of great importance

to the fafety of a free government, that perfons holding principles inimical to the conftitution fhould not be admitted into offices or places of public truft, whereby they might acquire an immediate influence in the direction of its councils and, whereas fome of the citizens of this State entertaining fentiments hoftile to its independence, have taken an active part in the late war in oppofition to the prefent government; and it would be improper and dangerous that fuch perfons fhould be fuffered to hold or enjoy fuch office or place of truft within this ftate: and whereas it is the duty of the legiflature to pursue every reasonable and proper measure to fecure the government from being difturbed and endangered.

Be it therefore enacted by the people of the State of New-York, reprefented in Senate and Affembly, and it is hereby enacted by the authority of the fame, that all and every perfon or perfons, natives or others, who being refidents in this State, or any other of the United States on the ninth day of July, in the year of our Lord one thousand seven hundred and feventy-fix, and who have at any time fince the faid ninth day of July, in the year of our Lord one thousand feven hundred and feventy-fix, accepted, received, held, or exercifed, any military commiffion, or commiffions whatfoever, by or under any authority derived from the King of Great Britain: and every perfon or perfons, who being refident within this State or any other of the United States as aforefaid, on the ninth day of July one thoufand feven hundred and feventy-fix aforefaid, who have owned or fitted out, or who may have heen con

cerned in fitting out, any privateer or privateers, or veffels of war, to cruife a◄ gainft or commit hoftilities upon the vesfels, property or perfons of any of the citizens of the United States, or against their allies; and every perfon or perfons whatfoever, who being refident in this State, or any other of the United States, on the ninth day of July in the year of our Lord one thousand seven hundred and fevent-fix aforefaid, who have ferved on board fuch privateers or veffels of war, in the condition or capacity of captain, lieutenant or master; and alfo every perfon or perfons who being refident in this State, or any other of the United States, on the ninth day of July, one thousand feven hundred and feventy-fix aforefaid, and, who fince that time, have accepted, held or exercifed any office, commiffion, or appointment, in the board or boards of police, inftituted and established in the fouthern diftrict of this State, during the late war, by virtue of, and under authority derived from the King of Great-Britain: and alfo, every perfon or perfons whatfoever, who being refident in this State, or any other of the United States, on the ninth day of July, in the year one thoufand feven hundred and feventy-fix aforefaid, and who fince that time have acepted, received, held or exercised any office, commiffion, or appointment whatfoever, in the Court of Admiralty, inftituted or established in the southern district of this State during the late war, by virtue of authority derived from the King of Great-Britain aforefaid and alfo, all and every perfon or perfons whatsoever, who being refident in any of the United States, except this State, on the ninth day of July, one thousand feven hundred and feventy-fix aforefaid; and who at any time fince that day, and during the late war, have fled or removed from fuch of the faid States, of which fuch perfon or

per fons

perfons refpectively were refident on the ninth day of July aforefaid, and who have gone over to, joined or put himself or themselves under the power and protection of the fleets or armies of the King of Great-Britain aforefaid: and all and every perfon and perfons who being refident in this State, on the ninth day of July, one thousand feven hundred and feventy-fix aforefaid, and who fince that day have voluntarily gone to, remained with, or joined the fleets and armies of Great-Britain aforefaid, at any time during the late war, who has or have left this State on or before the tenth day of December, in the year of our Lord one thou fand feven hundred and eighty-three, and who have not returned, and who fhall hereafter be found within this State, fuch perfon or perfons fo found, fhall be on conviction thereof adjudged guilty of mifprifon of treafon: Provided always, that nothing in this act contained fhall be taken or deemed to affect any perfon, who at the time of committing any of the of fences aforesaid, was a minor, under fixteen years of age, or a perfon infane; and provided alfo, that it fhall and may be lawful for any fuch perfon or perfons, whofe eftates refpectively may be attached by any law of this State, and advertifement made thereof agreeable to fuch law, to come and remain within this State for fo long a time as may be abfolutely neceflary to defend his, her, or their fuit, any thing in this act to the contrary thereof in any wife notwithstanding.

And be it further enacted by the autho rity aforefaid, That all and every perfon or perfons falling under any of the defcriptions herein before mentioned, and the defcriptions mentioned in the twelfth fection of the act, entitled "An act to regulate elections within this ftate," paffed the 27th day of March, 1778; and who has or have not left this ftate, are hereby for ever difqualified and rendered incapable of holding, exercifing, or enjoying, any legiflative, judicial, or executive office or place whatfoever, within this ftate; and shall and hereby is and are for ever difqualified and incapacitated, to elect or vote, either by ballot or viva voce, at any election to fill any office or place whatfover within this ftate; and if any perfon fhall offer him as an elector, at any election hereafter to be holden for any office or place within this ftate, and fhall be fufpected of or charged to be within any of the defcriptions aforefaid, it thall be lawful for the infpectors or fuperintendants (as the cafe

may be) to enquire into and determine the fact, whereof fuch perfon shall be fufpected of or charged as the caufe of difqualification aforefaid, on the oath of one or more witnefs or witneffes, on the oath of the party fo fufpected, or charged at their dif cretion, and if fuch fact thall in the judg ment of the infpectors or fuperintendants, be established, it fhall be lawful for them, and they are hereby required to reject the votes of fuch perfons at fuch election. Provided always, That if it shall appear to the fatisfaction of the infpectors or fuper intendants, at any election, that any perfon offering himself as an elector, has dur ing the late war within the fouthern district, by fear or compulfion, accepted, held or exercised any fuch office, commiffion or appointment, or may have involuntarily done any act or acts, by which the faid fection would have disqualified him from holding any office, or from being an elector had the fame been voluntarily done; and that fuch perfon otherwife has uniformly behaved as a friend to the freedom and independence of the United States, the infpectors fhall admit fuch person to give his vote at any such election, any thing in this act to the contrary notwithstanding.

Whereas a very refpectable number of citizens of this state, well attached to the freedom and independence thereof, having intreated the legislature to extend mercy to perfons aforementioned, and to reftore them to their country:

Be it therefore enacted by the authority aforefaid, That Gysbert Merfelius, Henry Staats, John Stephenfon, Henry Van Dyck, John Van Allen, Henry Van Schaak, Da vid Van Schaak, Harman Pruyn, William Rea, Myndert Viele, William Lupton, Cadwallader Colden, Walter Dubois, Cornelius Luyfter, And. Graham, John Thurman, Sam. Fowler, Jofeph Mabbet, John Green, Dirck Van Vleck, Joft Garrifon, John Booth, Roelef Elting, Solomon Elting, Richard Harrifon, James Smith, and Benjamin Lapham, fhall be and are every of them. hereby permitted to return to and refide within this State, without any moleftation, and, therein to remain until the end of the next meeting of the legislature, or until further legislative pro vifion fhall be made in the premises; any thing in the act, entiled, "An act more effectually to prevent the mifchiefs arifing from the influence and example of perfons of equivocal and fufpected characters in this ftate," paffed the 30th of June, 1778, to the contrary thereof in anywife not. withstanding.