Winchester gazette. [volume], May 29, 1813, Supplement, Image 1

About Winchester gazette. [volume] (Winchester, Va.) 18??-1826

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Supplement to the Win 3stcr Gazette of May 29.
TO TI1K PU1IMC.
Ah n certain Military Despcradi
Who culls himself a Lieut, in the U. t
Army, lias addressed a scurrilous pul
liculior: to me in this morning's Conste
lution, in reply to a statement whic
appeared in my paper »r the 8th ins
involving his conduct ns an officer,
nm induced to adopt this mode, to ex hi
hit a view of the whole affair^ us I ai
averse to occupy my paper with a null
jeet of a personal nature—Read an
judge. —
jt'roin the Winchester Gazette of th
$th inst^
However averse we are to the war in
to whieli the folly of our democrat!
..7 rulers have Miouglftlessly^pTm^ed tin
nation,’we have never,either as an in
4 dividual of editor of a public print
•aid aught which might be construct
into an attempt'll) discourage the re
cruiting servicK It has, on the con
trary, been a source of pleasure to us.
that without the aacrifiCe of principle,
we have maintained a perfect friend
•hip and friendly intercourse with the
military gentlemen who have been sta
tioned here: ami it is but due to them
to bestow the meed of praise upon their
correct and gentlemanly deportment,
and the inviolable regard they have e
Vinced IW the rights ami privileges ol
the citizens. Viewing, however, with
alarm the frequent outrages upon the
rigms ana iincrtics or the people by the
military of some of the northern states,
hs detailed in various late prints, and
fearing the. baleful influence of prece
dent, we Teel it a duty, incumbent upon
As, occupying, as we do* the station of
a public journalist, firmly to resist and
impartially to expose any innovation
by the military upon our civil rights.
Hence it httuirtes our duty to record an
instance of military despotism and
outrage, which, in this country at least
lias wot had its cqnal, and we (rust a
similar one will not he again exhibited.
The following report of the case allud
ed to will, we trust, exhibit an impar
tial view of the same; but if either of
the parties implicated feel themselves
aggrieved by our representation of it,
we are ready to do our duty hy correct
ing any mis-statements to their preju
Jice. We may, however, venture to
assert, that the substance of the trial
is strictly preserved,
III the Superior Court of Frederick
county, Mu/ fl, tS13—Present, The
Honorable. hOllEUT WHITE, jun.
Levi Pickens, vs. Lieutenant IV, S
Ha ns hair,
Upon a writ of habeas corpns, to re
ICK se the plaintiff from duress, he be
ing kept in confinement, on the pretext
of his having been duly enlisted as a
aoldier in the army, of the United
States.
This cause came on in the hearing
of all the parties, when the following
facts appeared substantially in evi
dence:
Lieut. Ilenshaw is an officer in thr
United Stales army, and lias opened
a rendezvous at Pnghtown, in this
county. On Monday the lilt.
Pickens, the plaintiff, was at the bar
racks where he drank with the sar
jeant and became considerably intoxi
cated. in ibis state, the serjeaut pre
, vailed upon him to dress himself in a
suit of regimentals for the purpose ol
inarching with the recruits. lie ac
cordingly marched some time, hut wa*
so drunk that he could not mainlait
his position in the ranks. lie wa*
then taken to the tavern of Isaac Van.
fiorne, where he was again prcvnilei
upon by the serjeaut to drink—Hen
he was frequently invited to enlist
The serjeaut counted twenty dollars it
silver upon the table and urged him of
♦ (Mi to take it, hilt was as often refused
At this period Lieut. Hcnshaw arrivci
and retired with the serjeaut for a fev
moments, leaving the money upon tlu
table—the crowd about the table, con
sisting in part of the. soldiers, wa
considerable—after the return of Lieut
II. and the serjeaut into the room, th
latter said that two dollars of the mo
nev were wanting. Pickens was char
ged by the lieutenant with having th
money or knowing where it was—!i
replied that he knew very well wlier
it was—that it was among the part
(meaning some of (lie soldiers present
The Lieutenant after bestowing cons
ilerablu abuse upon himf'PickensJ too
up a chair and threatened to knock hi
brains out if be did not disclose wlier
♦ he Uioney was, which he refused to il
— upon which Lieut, flcnshaw onlere
a file of men tit tftlce him to Hie gtiuri
house, which was accordingly done ! ,
short time after his arrival there,he wt
tied with a cord uwl confined to a lo<
an l was kept in this situation until II
following Saturday, always being Iic»
when seen by any of the witnesses
Strong marks of this unwarrantable cn
elfy were left on the plaint ilf’s arms, t
tbe, rope with which he was confine
had cut his flesh and produced cons
dcrabte irritation. On being request*
by a friend of the plaint iff to go wit
Hu» to tho guard house tu ajiitrorsc a il
1 Piekcns.Lieut. H. tcpllcd that V.e woul
not go for him* nor even for Uod A
», mighty ! (Outrageous blasphemy
h On the part of the defendant, the »e
»- jpant,whose charueter|was proved to I
I- infamous, and the court pronounced hii
li not entitled to credit, was examined «
I. a witness und stated, that after bavin;
I according to Lieut-, IPs order, convej
- ed Pickens to the guard house, he agree
n to reeciye the 18 dollars, the balance <
- the bounty* which Was accordingly pt
I into his hands, but which he soon threi
from him. Another soldier* who w;i
e also one of the guard, also swore tha
he saw Pickens receive 18 dollars a
- the balance of the bounty.
; i ~Phe hon. Judge,^wjlh that persjjjjyij
* ty*Wt«l independence which so emincut
• ly qualify him for the ollice he tills
. summed op the evidence and conclude!
I by pronouncing the enlistment to hav<
been illegal, and the conduct of the mi
litary highly reprehensible. The plain
till'was accordingly discharged to tin
satisfaction of all parties, who appear
ed unanimously lo deprecate the con
duct of Lieut. Henshaw.
Since writing the above we have ob
served the omission of an important fact
—*Oiibeing charged with having the g 3,
Piclciits readily agreed to lie searched ;
but no search was made ; he then ob
served, that he knew where the inonev
was—‘evidently meaning, that it was in
possession of some of the party. It ap
peared from the testimony of the Ser
geant, who, by the bye* was declared
unworthy of attention, that he put 20
dollars on the table, when he went out;
hut on bis return there were bat 18.—
Although there were many persons pre
sent, no one ennld say that they saw
Pickens take the mohey.-^Thc serjeanl
cau, perhaps, best explain this mystery,
TO JOHN HEISKEEL.
From the Const ela'i >n of the 29th inst.
I Sik-.I ain induced,not by your conspi
cuous standing in any meritorions cir
cle in civil society,—but by your
boasted occupancy of the station of a
public journalist, to notice the foul and
ungeroits attack you were pleased to
make on iny official character in your
most foul anti venal sheet of the 8lli
inst. Egotism being at all limes cen
surable,and sometimes fulsome, I know
'tot in what way lo shape this address
so as to steer clear of the charge; I
trust, however, I inay be excised for
premising, that I a;n a republican,
blood, bone, and sinew,—have been live
years in the service of the IT. States,
in various stations and under peculiar
and trying cirr j instances; and in no
one instance has blame been attached
lo my conduct So as to reach my earv—•
Commencing the recruiting business at
this village with ardor, and at a tinte
when foreign and domestic enemies to
republican liberty were endeavouring
lo sow seeds of disaffection amongt the
citizens of the IT. S. to their govern
ment, to damp the rising spirit of re
sistance to the common foe, I had con
sidered it my bouiulen duty to leave no
essay untried to enlist into the service
.iDii! Douicu men oi a proper age: ana
whilst thus proceeding met with Levi
Picken at Isaac Vanhorn’s tavern.—
Considering him a lit subject, he was
solicited to take the bounty, and twen
ty silver dollars were counted ami
placed upon the table-a considera
ble number being present, anil a bustle
the consequence, in a short space of
time two dollars from off the twenty
were missing. I immediately suspect
ed 1’icken and challenged him. lie at
I first denied, with a stout oath, of know
ijing any thing about them: but being
.lliard pressed, in a trice owned that he
knew who had the money—This was
enough—it was positive proof that he
.'liiuitelf was the taker, or that he was
I privy to the act and would not dis
close the secret.—His extreme inso
: lence Ihrc.w me into a rage, and I will
- not deny that in the heat of the mo
*;metit I lifted up a chair and threatened
.|to sacrifice him in very harsh terms—a
: j sen file ensued, and I ordered Picken to
-1 the barracks, with a view to secure him
-Till lie told where the twodollars were—■
ejshoitly after bring conducted to tli
c'barracks, he repeatedly asked my set
J jjeant John Smith for the balance of tli
y bounty, who at length gave him tli
) eighteen dollars, which he accepte
- with the usual ceremony, and aftc
k keeping them for some time, threi
s them down.—Calling at the barrack
e soma time after the acceptance of 111
0 balance of the bounty by l*ieken,and fit
fl ing informed of Ibe same, 1 asked Pick
en for bis description, where he wi
.‘J born, what age and so forth, whic
is drew from him much aggravating insi
r, lence* Having full proof (to me) tin
rr lit! had taken the U. States money It
I. way of bounty, I believed it my duty i
1 j bold biin fast, and therefore had hit
i- tied—From the evidence exhibited *
is tbe last superior court relative tn tli
d case, tin: honorable judge tlu/t propr
i- to release Piekin, who has instituted
d suit against me to recover damages.
h must, therefore earnestly solicit the in
'j dnlgent forbearance of my follow cit
dfr.cns tilt Said suit b’jnronght to issue—
I- Be tlie result lioww what it mny> 1
!) ean and will derbft with unshaken
r- confidence ^Bicntimis feelings
e that, if it shall^^^m in the end that
n my conduct isjHHrahlr, it cannot
.s justly he attrPmjT*iJT a disposition in
me to tyramti/eSK-ampItng upon the
. rights of any n^But to an ardent
d zeal to be serviq£H»’to my country.—
if I proceed to rnm: on Ouniel Mes
it ser’s case, that hiCTso voluntarily ami
v freely took the booty, and was sworn
h in by Beatty Cargp, a gentleman of
t chaste principles^fi unspotted integri
s fy, whose cxammaRn before the judge
went to establish Ijond the probability
» voluntarily
- rnHsieiirwas oimrjil wind at the peri
. od of taking the duly acquainted
I with the naturextflilie obligation his
> oath imposed on. h n, and in fine ap
. Reared to the judgr :ut of said Carson
■ perfectly satisfied.-Add to these cir
cumstances Messe subsequent oftiri
ousrtess and diligent from time to time
in soliciting his rtj ;l»hors, intimates,
and others to enlist, i daring and avow
ing repeatedly on sc: xal days that his
• enlisting was the vei best step that lie
|had ever taken !—Yi , notwithstanding
■this chain of positive proof, the honor
able judge released lim also ! !
I must now solie your pardon for
coming to close qu j^ters—you avow
you have never said ii^ht to discourage
the recruiting seryici'!! Most admira
bly modest Kditor ! I aviitg over anil o
|vci |f( iiiinuii^uu mu jmicj me jut
jsent adiniiti.tr&liou r inous to the coun
try in every point of ricw—the repub
lican sect a nervele* am! wicked body
—the war in wliie we are engaged
disastrous—-in a wo d, exerted your
might to make the w r unpopular and
odious, and the repu Iicaii administra
tion contemptible, y nt now come out
sleek as glass, at a t me when the tide
is shifting rapidly in favor of the arms
of the republic, and polish to the world
that, notwithstanding you are a disor
gatiizer, an-avowed,; open and highly
hostile enemy to the nltly free govern
ment in existence, you have never said
aught to discourage the recruiting ser
vice—() shameless mail!!!
Respecting the change of military
despotism and oiittage exhibited by you
against me, I refer to my uniform'de
portment and to the foregoing statement
which I believe to he correct, to rebut
it. I deny the gross imputation, and
hurl at your teeth the epithets of meau,
contemptible, busy body.
To strengthen your wanton attack
upon mv character, you catch at an un
guardet! expression and exclaim Outra
geous Blasphemy !— A grossly profane
immoral being yourself, it. is unwarrant
able in you to say aught about another's
immorality.—I would advise you to
keep in mind for the future the adage
that those who live in houses of glass
should cautiously avoid throwing stones
at t lieir neighbours.
If you think to bully me with impu
nity, you have mistaken your man—
nerveless as you would willingly have
republicans to be, I thank iny Uod, re
publican as I am, 1 have both (he nerve
and the will to chastise you for your un
provoked and unmerited insolence.
\V. 9. 1IENSII AW,
Lieut. Dili regt. U. S. Inf'y.
lV.'S. Ffndiair, .Mildart/ liraVado nnd\
Itlack^nard. alias Lieutenant of the
nth Itegiment V. H. Jinny.
“ This man an author has commenced;
A book hath written he :
lint people say it’s void of sense,
Truth, wit or decency.”
I have observed vottr scurrilous address
in this morning's Conftellation. I alfurc
you, mod republican, puifiant hr, ir is(
with real regret chat I occupy any part of
my time in a controverfy with so ltupid a]
blackguard as I conceive you to be.—
[Something will, however, beexpelted from
-me, and that expectation lhall not be dis-|
[appointed—but 1 will be as concife as the
nature of the cafe will admit of. The re
port publifned by me of the caoC in which
you ailed fo conspicuous, un-officer-like
and dishonorable a part, was furnifhed at
, my requeft bv a gentleman of the higheft
rcspellability who was present (l was
.'not) at the trial. Every fall dated, as
,, were many others equally atrocious, was
proved by a variety of witnesses in open
I court, and your conduit was universally
reprobated by every man within hearing
v of the trial—even the democrats, lam in
formed, were afhumed of your favage,
(>[brutal conduct, and some were heard to
enquire, why was fuch a blackguard con
tinued in service ?
I give you the Lt e, sir, in reply to the
I* charge of having attacked your character;
I the inference 1 drew of your conduct was
aurhorifed by the folemn asseveration^ ot
tJdiflFercnr witnelTcs in open court. No pet -
' ifonal considerations formed any par: of my
°:motivcs in exposing your conduit—As e~
II vidence of this, it is known to you that I
'ljncver exchanged s^rord with you and
ejin truth, 1 never felt a desire to cultivate
r.an acquaintance with fo ignorant a booby,
who, fomc time ago, enquired of a gentle
^iman how much fuel a boric was entitled
to iu the army !! In publishing the trial, I
i* trtt iufiucnccd fold/ by motives of duty
t
—inasmuch, as the frequent outrages up
on the laws and the prollration of the ci
vil authority, which appears to have be
come petfectly fubservient to the military,
in same of the northern dates, had assum
ed an alarming appearance, there was jud
caufe of apprehension, from the specimens
already exhibited of your conduit and in
clinations. that you were disposed to abo
lifh our civil inditutions, and on their ru
ins, edablifh a military despotism—your
conduit warranted this conclusion, and
hence it became necessary todop ycur ca
reer, by publishing a lair and impartial
datement of the trial, and exhibiting the
tendency of such conduit in proper colors.
Thai your conduit was tyrannical, arillo
cratic, cruel and oppressive, was proved
to the satisfaction of all prefent—Yet yon
callyourfelf a republican ! Urange perver
sion of terms ! A republican in bloflrd, bone
and sinew ! I mud confess that it savors
very much ol the republicanism of the
present day, for a military bravado to
Charge a man with taking two dollars of
his money, and without the lead (hadow
of evidence of his having it, (for this you
acknowledge) indantly order him to be
confined at the barracks, where, Under
your eye, he is treated with a barbarity
and cruelty that would disgrace a savage.
You acknowledge that you were overcome
by passion at the time the outrage was
committed, attd offer this as an apology !
Whether your condull was the refult of
passion, ignorance, or disregard of the
laws, you equally merit being deprived ot
the commission you have disgraced ; and
under an adminidration dispofed to protelf
out civil inditutions from the attacks of
lawless violence, the strutting hero would,I
in a trice, be reduced to his primitive
Hate of Nothingness—but you have giv
en out in speeches, that you are a republi
can! dye, a republican of the full water!
This is quite sufficient in these times to
make a man's fortune; it is, however, a
sure passport to favor. It is not even ne
cessary to enquire, in the language of Mr.
Jefferson, Is he capable? Is he houeft? Is
he attached to the conflitution ? The qua
lifications now required seem to be—Is he
a republican ? Is he a bully ? Is he pre
pared to disregard the civil authority—
trample law and order under foot; and,
as men are wanting and we mull have
them, effabliih martini law, and seize
and coniine persons until they bend to oar
view's ? These qualification you, sir, ap
jpear to possess in an eminent degree—
Such military bfavo’s as you are, suit the
present times to a T. A fyllem of terror
and proscription will, doubtless, (if the
war continue) be organized, and from the
evidence we have had of your ferocious
disposition, I doubt not that you will be
ready to assume the Robespierean charac
ter. Your ignorance and subserviency to
your mallets, eminently qualify you lor
the deleclable office—Your merits would,
no doubt, be duly appreciated, and you
would soon receive the usual reward for
your zeal—promotion. Already have
you set on foot a system of petty tyranny
in Pugh-Town, and sucli unwarrantable
condutl have you exercised in diffetent
inftanccs. that many well disuosed. timid
arsons (I am informed) have beendeter.'
red from visiting that ‘place to attend
:u their necessary avocation*, left
yourself or your minions might, a la-,
node Bonaparte, make consciipts of them
ind march them, per force, hand-cuffed to
the barracks ! As further evidence of your
having eftablifhed the reign of terror, it
is in the recollection of many, that it was
with fome difficulty one of the witnesses
^n the trial could be induced to depose a-!
gainft you ; he was evidently under the
influence of fear ; from which he was only
icleaved by the intcrlcrcnce of the couit,'
who admoniflted him that he was under
its protection, and that certain punifhmenti
would be inflicted on any one who would
dare to call him to account for what he
deposed in court. i
That the statement which appeared in
my paper, was correct in all its parts, is
tacitly admitted by yourself, as you even
recapi tulate,in subtlance, every allegation
contained in itj you do not, however,
venture to deny a single charge; — ^nd
because 1 stated facts, solemnly proven
before a Virtuousand Enlightened Court,
and applied to your conduct the terms
warranted by the evidence, viz; “Mili
tary Despotism and Outrage.” 1 have
incurred your mighty wrath and you
have indulged yourself fn a torrent of
HilJingsgue abusej—1 treated you, sir,
with too much delicacy, as an impartial
view of the whole transaction, will prove,
to every man desirous of arriving at
truth,—1 however, am willing, that
your own statement, shall be taken for
granted ^and discard the evidence in
Court) and let the public judge of the,
applicability of the teims of which you
so grievously complain.—This sheet cm-j
braces a fair view ol the whole affair;!
let the public judge.-I hc low and pi - j
tiful abuse bestowed upon me I regard
not.—This is a privilege many other Dc i
mucratic Blackguards indulge themselves
in — sul> rosu—I have lived in Winches
ter, with short intermissions, from my in
fancy,—m> principles, 1 trust, are wrll
known;—1 defy invc tigatinn—That m s
fortunes have attended mv honest exerti
ons, is well known; notwithstanding I tie -,
fy the whole host of jacobin jinnis to
impeach my veracity, integrity, or ho*1
nor; true 1 possess a lull share of foibl.
but among them Cannot be ranked 1 tfldU
lignant, inveterate disposition, or a pro*
pensity, wantonly to discolor facts to
answet party views.
In my editorial career, 1 have conSci
et'sciously had truth in view, and 1 ap
peal to Him whoknowethall men'sheaits*
that 1 never wrote a line which I did not
believe had tiuth for its foundation. Ill
discharging the unpleasant duties of an E
litor, I have occasionally come ;n contact
with some inmlil-oc great men (like
yourfeli.) I have exposed their aberrati-*
3ns from, duty, and have fometimes exhi
bit? I their hollow pretensions to patrio
tism and their overbearing anti-rept
can conduct in true colors—for tilts have
I incurred their wrath, and the wrath of
many of their tools and dependents, a
mongft whom I mull be permitted ro rank
yourself—but let me tell you, \’r. Brava
do, that yourself nor the whole hoft ol de
mocracy from -down to-, ihall
ever oblige me to swerve from mv course.
I undetHand my riglus, and, in defianc*
of democratic malice and traduction, will
1 exercise them. I am not to be intimi
dated by a «et of desperadoes who dare
not boldly come forward from their hid.
ing places, and to whom you play the
puppet. Some daftardly cowards have
been heard to say, that they wuihl sub
scribe 50 dollars towards defraying the
expenses of a prosecution, in case you as
saulted me; and I was this morning inform
ed (hat you are to be hacked by a ?et ot
poor deluded wretches, who, no doubt,
are ready, when then marten found the
alarm, to commence the scene of blood
and carnage—Let them beware.
To conclude, your publication furnifhe!*
incorteftible evidence, that although you
are an officer, you are not a gentleman. 1
invite you to put your threats ot challise
ment into execution---1 am prepared fot
you* JOHN HEISKELI.
ALBANY, May is.
From Sacketi’s Harbor we Ifave ver
bal intelligence, that com. Chaunccv
arrived there w itii his squadron the ear
ly part of last week, with the stores,
ike. taken at York ; and that they were
employe l day and night in unlading
and embarking troops, with whom it
was believed he was to proceed imme
diately iu Niagara
A letter received bv the last \Vestern
mail, dated at Niagara on Monday last
states that coin. Cliauncey had that day
sailed for Saeket's Harbor; that he was
expected again at Niagara the begin
ning of the present week, when it was
believed operations would immediately
Commence against Fort George. Gen.
Boyd had been assigned to the brigade
lately commanded b} the ever to he la
mented I'ike. Between 3 and -f.no
troops had arrived from Virginia by the
western route-—vlrguis.
I __
NORFOLK, May 19.
| On Monday afternoon the greater
part of the enemy’s force left the bav ;
there remains only a ship of the line* l>
frigates, two barges ami I wo schooners,
ilt is supposed the ships that have sailed
will proceed off the ports recently de
clared in a slate of blockade.
From the Common wealth Extra.
PU TS fit; llvi, Sunday, Mav 15.
Copy of a letter from a gentleman nt Lower
Sandusky to Mr. .loh:i M. Snowden, dati J
May 13, 1813—received by express.
All is well with our little army jit tins
Stupids. (ieneral I lai risoti i* now here
with his aids. lie will goto l.pper
Sandusky from this place. Three hun
dred of the Kentuckians which the Ifri
ti-ih took at the Hapids were lauded ok
the litli inst. at Huron. I June been
very busy here some days in getting
arms and ammunition there for their
defence. On their arrival it was fear
ed the Indians would land at the hay
and go down and nttack them as Uiry
landed. They were so exasperated di*
rather disappointed in the siege of fort
Meigs, that general Harrison tells mo
they tell the British this is the last tinn*
they will light for them against the A
mericans. Majtir Stoddard died of the
I .rk jaw. Occasioned by his wound. I
wrote you that governor Meigs, wilii
800 men and 2 six pounders wire ex
pected here liiis day from the south.—
Major Ball’s squadron is also here.—
I lad it not been for the infernal spirit
which gets into men to think they cat*
do all thing* when they have done hut
part, the principal part of Proctor4* ar
my. all hi* cannon and stores mast fiavn
fallen into our hands. The conduct of
the Kentucky troops in disobeying or
ders i* astonishing. They passed the
river and got within two hundred yard*
of the British fortifiealimi before they
were discovered. They drove them
’lack, spiked their cannon and might
have brought llicsn off. But no—they
fell to light away the lndioifs and were
led off one and u half miles. In the.
menu lime the Bi it i*li 'reinforced ant
came in on their rear, and rut i ll their
retreat, and then you have their cud—
3.) men is nil that were killed except
the Kiu'.iic’.ians.