Virginia invaded by Arnold.... He destroys the stores at
Westham and at Richmond.... Retires to Portsmouth.... Mutiny
in the Pennsylvania line.... Sir H. Clinton attempts to
negotiate with the mutineers.... They compromise with the
civil government.... Mutiny in the Jersey line.... Mission
of Colonel Laurens to France.... Propositions to Spain....
Recommendations relative to a duty on imported and prize
goods.... Reform in the Executive departments....
Confederation adopted.... Military transactions....
Lafayette detached to Virginia.... Cornwallis arrives....
Presses Lafayette.... Expedition to Charlottesville, to the
Point of Fork.... Lafayette forms a junction with Wayne....
Cornwallis retires to the lower country.... General
Washington's letters are intercepted.... Action near
Jamestown.
[Sidenote: 1781]
[Sidenote: Virginia invaded by Arnold.]
The evacuation of Portsmouth by Leslie afforded Virginia but a
short interval of repose. So early as the 9th of December, 1780, a
letter from General Washington announced to the governor that a large
embarkation, supposed to be destined for the south, was about taking
place at New York. On the 30th, a fleet of transports under convoy,
having on board between one and two thousand men, commanded by General
Arnold, anchored in Hampton road. The troops were embarked the next
day on board vessels adapted to the navigation, and proceeded up
James' River under convoy of two small ships of war. On the fourth of
January they reached Westover, which is distant about twenty-five
miles from Richmond, the capital of Virginia.
[Sidenote: January 2.]
On receiving intelligence that a fleet had entered the capes, General
Nelson was employed in raising the militia of the lower country; and
on the 2d of January orders were issued to call out those above the
metropolis and in its neighbourhood.
On reaching Westover, Arnold landed with the greater part of his army,
and commenced his march towards Richmond. The few continental troops
at Petersburg were ordered to the capital; and between one and two
hundred militia, who had been collected from the town and its
immediate vicinity, were directed to harass the advancing enemy.
This party was too feeble for its object; and, the day after landing
at Westover, Arnold entered Richmond, where he halted with about five
hundred men. The residue, amounting to about four hundred, including
thirty horse, proceeded under Lieutenant Colonel Simcoe to Westham,
where they burnt a valuable foundry, boring mill, powder magazine, and
other smaller buildings, with military stores to a considerable
amount, and many valuable papers belonging to the government, which
had been carried thither as to a place of safety.
[Sidenote: He destroys valuable stores at Richmond.]
This service being effected, Lieutenant Colonel Simcoe rejoined Arnold
at Richmond; where the public stores, and a large quantity of rum and
salt, the property of private individuals, were entirely destroyed.
[Sidenote: January.]
Leaving Richmond the next day, the army returned to Westover[65] on
the seventh; and, re-embarking on the morning of the tenth, proceeded
down the river. It was followed by the Baron Steuben, who commanded in
Virginia; and, near Hoods, Colonel Clarke drew a party of them into an
ambuscade, and gave them one fire with some effect; but, on its being
partially returned, the Americans broke and fled in the utmost
confusion.[66]
[Footnote 65: While the army lay at Westover, Lieutenant Colonel
Simcoe, at the head of less than fifty horse, attacked and dispersed a
body of militia at Charles City court house, with the loss of only one
man killed, and three wounded.]
[Footnote 66: The author witnessed this skirmish.]
Arnold proceeded slowly down the river; and on the twentieth reached
Portsmouth, where he manifested the intention of establishing a
permanent post.
The loss of the British in this expedition, was stated in the gazette
of New York, at seven killed, including one subaltern, and
twenty-three wounded, among whom was one captain. This small loss was
sustained almost entirely in the ambuscade near Hoods.
In the north, the year commenced with an event, which, for a time,
threatened the American cause with total ruin.
The accumulated sufferings and privations of the army constitute a
large and interesting part of the history of that war which gave
independence to the United States. Winter, without much lessening
their toils, added to those sufferings. The soldiers were perpetually
on the point of starving, were often entirely without food; were
exposed without proper clothing to the rigours of the season, and had
now served almost twelve months without pay.
This state of things had been of such long continuance that scarcely
the hope of a change could be indulged. It produced, unavoidably, some
relaxation of discipline; and the murmurs, occasionally escaping the
officers, sometimes heard by the soldiers, were not without their
influence.
In addition to the general causes of dissatisfaction, the Pennsylvania
line complained of a grievance almost peculiar to itself.
When congress directed enlistments to be made for three years, or
during the war, the recruiting officers of Pennsylvania, in some
instances, instead of engaging their men, definitively, for the one
period or the other, engaged them generally for three years, or the
war. This ambiguity in the terms of enlistment produced its natural
effect. The soldier claimed his discharge at the expiration of three
years, and the officer insisted on retaining him in service during the
war. The soldier submitted with the more reluctance to the supposed
imposition, as he constantly witnessed the immense bounties given to
those who were not bound by a former enlistment.
[Sidenote: Mutiny in the Pennsylvania line.]
The discontents which these various causes had been long fomenting,
broke out on the night of the 1st of January, in an open and almost
universal revolt of the line.
On a signal given, the great body of the non-commissioned officers and
privates paraded under arms, avowing the determination to march to the
seat of congress, and either obtain redress of their complicated
grievances, or serve no longer. In the attempt to suppress the mutiny,
six or seven of the mutineers were wounded on the one side; and on the
other, Captain Billing was killed, and several other officers were
dangerously wounded. The authority of General Wayne availed nothing.
On cocking his pistol, and threatening some of the most turbulent, the
bayonet was presented to his bosom; and he perceived that strong
measures would produce his own destruction, and perhaps the massacre
of every officer in camp. A few regiments who did not at first join
the mutineers, were paraded by their officers; but, had they even been
willing to proceed to extremities, they were not strong enough to
restore order. Infected quickly with the general contagion, or
intimidated by the threats of the mutineers, they joined their
comrades; and the whole body, consisting of about thirteen hundred
men, with six field pieces, marched, under the command of their
sergeants, towards Princeton.
The next day. General Wayne, accompanied by Colonels Butler and
Stewart, officers possessing, in a high degree, the affections of the
soldiery, followed them, in the hope of bringing them back to their
duty, or at least of dividing them. They were overtaken near
Middlebrook, and invited by a written message from General Wayne, to
appoint one man from each regiment to state the grievances of which
they complained.
In consequence of this invitation, a sergeant from each regiment met
the officers at their quarters, and some verbal communications were
made, from the complexion of which sanguine hopes were entertained
that the affair might be terminated without farther hazard, or much
injury to the service.
On the following day, the line of march was resumed, and the soldiers
proceeded to Princeton. The propositions of the general and field
officers were reported to them, and a committee of sergeants, to whom
they were referred, stated their claims. These were,
1st. A discharge for all those who had served three years under their
original engagements, whatever those engagements might have been, and
who had not taken the increased bounty, and re-enlisted for the war.
2nd. An immediate payment of all their arrears of pay and clothing, as
well to those who should be discharged, as to those who should
continue in service.
3rd. The residue of their bounty, and future real pay to those who
should continue in the army.
General Wayne being unwilling to discharge all those who had not
re-enlisted for the war, the subject was referred to the civil power.
On receiving intelligence of the mutiny, congress appointed a
committee to confer with the executive of Pennsylvania respecting it.
The result of this conference was that both the committee, and the
governor with some members of the executive council, left Philadelphia
for the purpose of endeavouring to accommodate this dangerous
commotion.
At his head quarters, at New Windsor, on the North River, General
Washington received intelligence of this alarming mutiny. Accustomed
as he had been to contemplate hazardous and difficult situations, it
was not easy, under existing circumstances, to resolve instantly on
the course it was most prudent to pursue. His first impression--to
repair to the camp of the mutineers--soon gave place to opinions which
were formed on more mature reflection.
It was almost certain that the business was already in the hands of
the civil government, with whose arrangements it might be improper for
him to interfere. Independent of this consideration, other motives of
irresistible influence detained him on the North River.
The most important among those subjects of complaint which were
alleged as the causes of the mutiny, were true in fact, were common to
the whole army, and were of a nature to disseminate too generally
those seeds of disquiet, which had attained their full growth and
maturity in the Pennsylvania line. Strong symptoms of discontent had
already been manifested; and it was, therefore, impossible to say with
confidence, how far the same temper existed among the other troops; or
how far the contagion of example had or would spread.
The danger arising from this state of things was much increased by the
circumstance that the river was perfectly open, and afforded Sir Henry
Clinton an easy and rapid transportation for his army to West Point,
should the situation of its garrison invite an enterprise against that
post.
It was an additional consideration of great weight, that it might have
a most pernicious influence on the discipline of the whole army,
should the authority of the Commander-in-chief be disregarded. He
ought not to place himself in a situation where his orders might be
disobeyed with impunity; an event much to be apprehended, should he
repair to the camp of the mutineers, unattended by a military force
adequate to the occasion.
Such a force could not be immediately commanded. His effectives in the
Highlands amounted only to thirteen hundred and seventy-six men; and
that whole division of the army, dispersed at various and distant
stations, excluding the sick and those on furlough, did not exceed
four thousand. Assuming therefore the fidelity of the troops, it was
impracticable to march immediately with a force sufficient to reduce
the Pennsylvania line, without leaving the Highlands undefended. Nor
was it unworthy of consideration that, in the actual situation of the
mutineers, the probability of their being attacked by such a force
might drive them to the enemy, or disperse them, events, either of
which would deprive the army of a valuable part of its strength.
It was therefore thought adviseable to leave the negotiation with the
civil power, and to prepare for those measures which ought to be
adopted in the event of its failure. The disposition of the troops on
the North River was sounded, and found to be favourable; after which,
a detachment of eleven hundred men was ordered to be in readiness to
move on a moment's warning. On the first notice of the mutiny, the
militia of Jersey took the field under General Dickenson, and measures
were taken to call out those of New York should the occasion require
it.
[Sidenote: Sir Henry Clinton attempts to negotiate with the
mutineers.]
To avail himself of an event appearing so auspicious to the royal
cause, Sir Henry Clinton ordered a large body of troops to be in
readiness to move on the shortest notice; and despatched three
emissaries with tempting offers to the revolters; and instructions to
invite them, while the negotiation should be depending, to take a
position behind the South River, where they should be effectually
covered by detachments from New York. While these measures were
taking, Sir Henry kept his eye on West Point, and held himself in
readiness to strike at that place, should any movement on the part of
General Washington open to him a prospect of success.[67]
[Footnote 67: Letter of Sir Henry Clinton.]
His emissaries were immediately seized by the revolters, and their
proposals communicated to General Wayne, with assurances of the utter
detestation in which every idea of going over to the common enemy was
held.
This favourable symptom, however, was accompanied by suspicious
circumstances. They retained the British emissaries in their own
possession; and could not be induced to cross the Delaware, or to
march from Princeton. They would not permit any of their former
officers, other than those already mentioned, to enter their camp; and
General St. Clair, the Marquis de Lafayette, and Lieutenant Colonel
Laurens, were ordered to leave Princeton.
Such was the state of things when the committee of congress, and
President Read with a part of his executive council, arrived in the
neighbourhood of the revolters. The former having delegated their
power to the latter, a conference was held with the sergeants who now
commanded, after which proposals were made and distributed among the
troops for consideration.
In these proposals the government offered,
1st. To discharge all those who had enlisted indefinitely for three
years or during the war, the fact to be examined into by three
commissioners, to be appointed by the executive; and to be
ascertained, when the original enlistment could not be produced, by
the oath of the soldier.
2dly. To give immediate certificates for the depreciation on their
pay, and to settle the arrearages as soon as circumstances would
admit.
3dly. To furnish them immediately with certain specified articles of
clothing which were most wanted.
[Sidenote: They compromise with the civil authority.]
On receiving these propositions, the troops agreed to march to
Trenton. At that place the terms were accepted, with the addition that
three commissioners should also be deputed by the line, who,
conjointly with those of the executive should constitute the board
authorized to determine on the claims of the soldiers to be
discharged; and thereupon the British emissaries were surrendered, who
were tried, condemned, and executed as spies.
Until the investigation should be made, and discharges given to those
who should be found entitled to them, the sergeants retained their
command. In consequence of the irksomeness of this state of things,
the business was pressed with so much precipitation, that before the
enlistments themselves could be brought from the huts, almost the
whole of the artillery, and of the five first regiments of infantry,
were liberated on the testimony of their own oaths. The enlistments
being then produced, it was found that not many of the remaining
regiments had engaged on the terms which, under the compact, would
entitle them to leave the service; and that, of those actually
dismissed, far the greater number had been enlisted absolutely for the
war. The discharges given, however, were not cancelled; and the few
who were to remain in service received furloughs for forty days.
Thus ended, in a temporary dissolution of the whole line of
Pennsylvania, a mutiny, which a voluntary performance of much less
than was extorted, would have prevented; and which, in the actual
condition of the army, was of a nature and extent to inspire the most
serious alarm.
[Sidenote: Mutiny in the Jersey line.]
The dangerous policy of yielding even to the just demands of soldiers
made with arms in their hands, was soon illustrated. The success of
the Pennsylvania line inspired that of Jersey, many of whom were also
foreigners, with the hope of obtaining similar advantages. On the
night of the 20th, a part of the Jersey brigade, which had been
stationed at Pompton, rose in arms; and, making precisely the same
claims which had been yielded to the Pennsylvanians, marched to
Chatham, where a part of the same brigade was cantoned, in the hope of
exciting them also to join in the revolt.
General Washington, who had been extremely chagrined at the issue of
the mutiny in the Pennsylvania line, and who was now assured of the
confidence to be placed in the fidelity of the eastern troops, who
were composed of natives, determined, by strong measures, to stop the
farther progress of a spirit which threatened the destruction of the
army, and ordered a detachment to march against the mutineers, and to
bring them to unconditional submission. General Howe, who commanded
this detachment, was instructed to make no terms with the insurgents
while in a state of resistance; and, as soon as they should surrender,
to seize a few of the most active leaders, and to execute them on the
spot. These orders were promptly obeyed, and the Jersey mutineers
returned to their duty.
In the hope of being more successful with the revolters of Jersey than
he had been with those of Pennsylvania, Sir Henry Clinton offered them
the same terms which had been proposed to the mutineers at Princeton;
and General Robertson, at the head of three thousand men, was
detached to Staten Island with the avowed purpose of crossing over
into Jersey, and covering any movement which they might make towards
New York. The emissary, being in the American interest, delivered his
papers to the officer commanding at the first station to which he
came. Other papers were dispersed among the mutineers; but the mutiny
was crushed too suddenly to allow time for the operation of these
propositions.
The vigorous measures taken in this instance were happily followed by
such an attention on the part of the states, to the actual situation
of the army, as checked the progress of discontent. Influenced by the
representations of the Commander-in-chief, they raised three months'
pay in specie, which they forwarded to the soldiers, who received it
with joy, considering it as evidence that their fellow citizens were
not entirely unmindful of their sufferings.
Although the army was thus reduced to such extreme distress, the
discontents of the people were daily multiplied by the contributions
which they were required to make, and by the irritating manner in
which those contributions were drawn from them. Every article for
public use was obtained by impressment; and the taxes were either
unpaid, or collected by coercive means. Strong remonstrances were made
against this system; and the dissatisfaction which pervaded the mass
of the community, was scarcely less dangerous than that which had
been manifested by the army.
To the judicious patriots throughout America, the necessity of giving
greater powers to the federal government became every day more
apparent; but the efforts of enlightened individuals were too feeble
to correct that fatal disposition of power which had been made by
enthusiasm uninstructed by experience.
[Sidenote: Mission of Colonel Laurens to France.]
To relieve the United States from their complicated embarrassments, a
foreign loan seemed an expedient of indispensable necessity, and from
France they hoped to obtain it. Congress selected Lieutenant Colonel
Laurens, a gentleman whose situation in the family of the
Commander-in-chief had enabled him to take a comprehensive view of the
military capacities and weaknesses of his country, for this
interesting service; and instructed him also to urge the advantage of
maintaining a naval superiority in the American seas. Before his
departure, he passed some days at headquarters, and received from
General Washington in the form of a letter, the result of his
reflections on the existing state of things.
In this paper he detailed the pecuniary embarrassments of the
government, and represented, with great earnestness, the inability of
the nation to furnish a revenue adequate to the support of the war. He
dwelt on the discontents which the system of impressment had excited
among the people, and expressed his fears that the evils felt in the
prosecution of the war, might weaken the sentiments which began it.
From this state of things, he deduced the vital importance of an
immediate and ample supply of money, which might be the foundation for
substantial arrangements of finance, for reviving public credit, and
giving vigour to future operations; as well as of a decided effort of
the allied arms on the continent to effect the great objects of the
alliance, in the ensuing campaign.
Next to a supply of money, he considered a naval superiority in the
American seas, as an object of the deepest interest.
To the United States, it would be of decisive importance, and France
also might derive great advantages from transferring the maritime war
to the coast of her ally.
The future ability of the United States to repay any loan which might
now be obtained was displayed; and he concluded with assurances that
there was still a fund of inclination and resource in the country,
equal to great and continued exertions, provided the means were
afforded of stopping the progress of disgust, by changing the present
system, and adopting another more consonant with the spirit of the
nation, and more capable of infusing activity and energy into public
measures; of which a powerful succour in money must be the basis.
"The people were discontented, but it was with the feeble and
oppressive mode of conducting the war, not with the war itself."
With reason did the Commander-in-chief thus urge on the cabinet of
Versailles, the policy of advancing a sum of money to the United
States which might be adequate to the exigency. Deep was the gloom
with which their political horizon was overcast. The British, in
possession of South Carolina and of Georgia, had overrun the greater
part of North Carolina also; and it was with equal hazard and address
that Greene maintained himself in the northern frontier of that state.
A second detachment from New York was making a deep impression on
Virginia, where the resistance had been neither so prompt nor so
vigorous[68] as the strength of that state and the unanimity of its
citizens had given reason to expect.
[Footnote 68: A slave population must be unfavourable to great and
sudden exertions by militia.]
The perplexities and difficulties in which the affairs of America were
involved, were estimated by the British government even above their
real value. Intercepted letters of this date from the minister,
expressed the most sanguine hopes that the great superiority of force
at the disposal of Sir Henry Clinton, would compel Washington with his
feeble army to take refuge on the eastern side of the Hudson.
[Sidenote: Propositions to Spain.]
Even congress relaxed for an instant from its habitual firmness; and,
receding from the decisive manner in which that body had insisted on
the territorial and maritime rights of the nation, directed the
American minister at Madrid to relinquish, if it should be absolutely
necessary, the claims of the United States to navigate the Mississippi
below the thirty-first degree of north latitude, and to a free port on
the banks of that river within the Spanish territory. It is remarkable
that only Massachusetts, Connecticut, and North Carolina, dissented
from this resolution; New York was divided.[69] On a subsequent day,
the subject was again brought forward, and a proposition was made for
still farther concessions to Spain; but this proposition was negatived
by all the states.[70]
[Footnote 69: Secret journals of Congress, v. 2, pp. 393, 396, 407.
This measure was moved by the delegation from Virginia, in consequence
of instructions of 2d Jan. 1781. Sec. 10, H. at large, 538.]
[Footnote 70: Secret journals of Congress, v. 2, p. 468.]
Happily for the United States, Mr. Jay, their minister at the court of
Madrid, required as the price of the concessions he was instructed to
make, that the treaty he was labouring to negotiate should be
immediately concluded.
[Sidenote: Recommendations relative to a duty on imported and prize
goods.]
The establishment of a revenue subject to the exclusive control and
direction of the continental government, was connected inseparably
with the restoration of credit. The efforts therefore to negotiate a
foreign loan were accompanied by resolutions requesting the
respective states to place a fund under the control of congress, which
should be both permanent and productive. A resolution was passed,
recommending to the respective states to vest a power in congress to
levy for the use of the United States a duty of five _per centum ad
valorem_ on all goods imported into any of them; and also on all
prizes condemned in any of the American courts of admiralty.
This fund was to be appropriated to the payment of both the principal
and interest of all debts contracted in the prosecution of the war;
and was to continue until those debts should be completely discharged.
Congress, at that time, contained several members who perceived the
advantages which would result from bestowing on the government of the
nation the full power of regulating commerce, and, consequently, of
increasing the import as circumstances might render adviseable; but
state influence predominated, and they were overruled by great
majorities. Even the inadequate plan which they did recommend was
never adopted. Notwithstanding the greatness of the exigency, and the
pressure of the national wants, never, during the existence of the
confederation, did all the states unite in assenting to this
recommendation; so unwilling are men possessed of power, to place it
in the hands of others.
[Sidenote: Reform in the organization of the executive departments.]
About the same time a reform was introduced into the administration,
the necessity of which had been long perceived. From a misplaced
prejudice against institutions sanctioned by experience, all the great
executive duties had been devolved either on committees of congress,
or on boards consisting of several members. This unwieldy and
expensive system had maintained itself against all the efforts of
reason and public utility. But the scantiness of the national means at
length prevailed over prejudice, and the several committees and boards
yielded to a secretary for foreign affairs, a superintendent of
finance, a secretary of war, and a secretary of marine. But so
miserably defective was the organization of congress, as an executive
body, that the year had far advanced before this measure, the utility
of which all acknowledged, could be carried into complete operation by
making all the appointments.
[Sidenote: Confederation adopted.]
About this time the articles of confederation were ratified. Much
difficulty was encountered in obtaining the adoption of this
instrument. The numerous objections made by the states yielded
successively to the opinion that a federal compact would be of vast
importance in the prosecution of the war. One impediment it was found
peculiarly difficult to remove. Within the chartered limits of several
states, were immense tracts of vacant territory, which, it was
supposed, would constitute a large fund of future wealth; and the
states not possessing that advantage insisted on considering this
territory as a joint acquisition. At length this difficulty also was
surmounted; and, in February, 1781, to the great joy of America, this
interesting compact was rendered complete.[71] Like many other human
institutions, it was productive, neither in war nor in peace, of all
the benefits which its sanguine advocates had expected. Had peace been
made before any agreement for a permanent union was formed, it is far
from being improbable that the different parts might have fallen
asunder, and a dismemberment have taken place. If the confederation
really preserved the idea of union until the good sense of the nation
adopted a more efficient system, this service alone entitles that
instrument to the respectful recollection of the American people, and
its framers to their gratitude.
[Footnote 71: The secret journals of congress, published under the
resolutions of March 27th, 1818, and April 21st, 1820, contain "A
History of the Confederation." The course of public opinion on a most
important point--the nature of the connexion which ought to be
maintained between these United States--may be in some degree
perceived in the progress of this instrument, and may not be entirely
uninteresting to the American reader.
So early as July, 1775, Doctor Franklin submitted "Articles of
Confederation and perpetual union" to the consideration of congress,
which were to continue in force until a reconciliation with Great
Britain should take place on the terms demanded by the colonies. Into
this confederation, not only all the British colonies on the
continent, but Ireland and the West India islands were to be admitted.
Congress was to consist of members chosen by each colony in proportion
to its numbers, and was to sit in each successively. Its powers were
to embrace the external relations of the country, the settling of all
disputes between the colonies, the planting of new colonies; and were
to extend to ordinances on such general subjects as, though necessary
to the general welfare, particular assemblies can not be competent to,
viz. "Those that may relate to our general commerce, or general
currency; the establishment of ports; and the regulation of our common
forces."
The executive was to consist of a council of twelve, selected by
congress from its own body, one-third of whom were to be changed
annually.
Amendments were to be proposed by congress; and, when approved by a
majority of the colonial assemblies, were to become a part of the
constitution.
In June, 1776, a committee was appointed to prepare and digest the
form of a confederation to be entered into between the United
Colonies, which brought in a draft (in the hand writing of Mr. John
Dickinson) on the 12th of the succeeding month.
This report was under debate until the 14th of November, 1777, on
which day congress agreed on the articles afterwards adopted by the
states.
In the scheme supposed to be prepared by Mr. Dickinson, the
confederation is considered as an alliance of sovereign states, who
meet as equals by their deputies assembled to deliberate on their
common concerns, each sovereign having a voice. This principle was
retained; but several modifications in the language and principle of
the original scheme were made, which indicate a watchful and growing
jealousy of the powers of congress.
In each, an article is introduced reserving the rights of the states.
That which is found in the report, "reserves to each state the sole
and exclusive regulation and government of its internal police, in all
matters that _shall not interfere with the articles of this
confederation_."
This article was so modified as to declare that "each state retains
its sovereignty," "and every power, jurisdiction and right, which is
not by this confederation _expressly_ delegated to the United States
in congress assembled."
This denial of all incidental powers had vast influence on the affairs
of the United States. It defeated, in many instances, the granted
powers, by rendering their exercise impracticable.
The report permits the states to impose duties on imports and exports;
provided they "do not interfere with any stipulations in treaties
hereafter entered into by the United States."
The confederation confines this restriction on the power of the state
to such duties as interfere with the stipulations in treaties entered
into "in pursuance of any treaties already proposed by congress to the
courts of France and Spain."
Each plan assigns to the state in which troops shall be raised for the
common defence, the power of appointing the field and inferior
officers. The confederation adds the power of filling up such
vacancies as may occur.
The report inhibits a state from endeavouring by force to obtain
compensation for advances made or injuries suffered during the war,
which shall not be allowed by congress.
The confederation omits this inhibition.
The report gives to congress the power of making treaties.
The confederation adds a proviso, "that no treaty of commerce shall be
made whereby the legislative power of the respective states shall be
restrained from imposing such imports and duties on foreigners as
their own people are subjected to, or from prohibiting the exportation
or importation of any species of goods or commodities whatever."
The report authorizes congress to appoint "courts for the trial of all
crimes, frauds, and piracies committed on the high seas, or on any
navigable river not within a county or parish."
The confederation limits the jurisdiction to "piracies and felonies
committed on the high seas."
Both empower congress to appoint courts for the trial of appeals in
cases of capture; but the confederation provides that no member of
congress shall be appointed a judge of any such court.
Both empower congress to settle differences between the states. The
confederation prescribes minutely the manner in which this power shall
be exercised.
Both empower congress "to regulate the trade and manage all affairs
with the Indians." The confederation provides "that the legislative
right of any state within its own limits be not infringed or
violated."
The report gives the power of "establishing and regulating post
offices throughout all the United Colonies (states) _on the lines of
communication_ from one colony (state) to another."
The confederation varies the phraseology and adds, "and exacting such
postage on the papers passing through the same as may be requisite to
defray the expenses of the said office."
The report places many important portions of the executive power in a
council of state, to consist of one delegate from each state to be
named annually by the delegates of that state.
The confederation empowers congress to appoint a committee to sit in
the recess of congress, to be denominated "a committee of the states,"
and to consist of one delegate from each state, to exercise such
powers as congress might from time to time vest them with.
A few of the states agreed to ratify the confederation
unconditionally. By many, amendments were proposed which were steadily
rejected by congress. It was obvious that the delays would be almost
interminable should congress relax this determination, because every
change would make it necessary again to submit the instrument as
amended to the several states. It is remarkable that Jersey alone
proposed an enlargement of the powers of congress. That state was
desirous of investing the representatives of the state with the power
of regulating commerce.
The states possessing no vacant lands, or an inconsiderable quantity
within their chartered limits, pressed earnestly and perseveringly
their claim to participate in the advantages of territory, which was,
they said, acquired by the united arms of the whole; and Maryland
refused, on this account, to accede to the confederation. At length,
several of the states empowered their members in congress to ratify
that instrument as forming a union between the twelve states who had
assented to it. Maryland, alarmed at the prospect of being excluded
from the union, gave her reluctant consent to the confederation,
accompanied by a protest, in which she still asserted her claim to her
interest in the vacant territory which should be acknowledged at the
treaty of peace, to be within the United States.
It required the repeated lessons of a severe and instructive
experience to persuade the American people that their greatness, their
prosperity, their happiness, and even their safety, imperiously
demanded the substitution of a government for their favourite league.]
[Sidenote: Military transactions.]
Such was the defensive strength of the positions taken by the adverse
armies on the Hudson, and such their relative force, that no decisive
blow could be given by either in that quarter of the continent. The
anxious attentions of General Washington, therefore, were
unremittingly directed to the south. One of those incidents which
fortune occasionally produces, on the seizing or neglect of which the
greatest military events frequently depend, presented, sooner than was
expected, an opportunity which he deemed capable of being improved to
the destruction of the British army in Virginia.
The French fleet, from its arrival on the American coast, had been
blocked up in the harbour of Newport; and the land forces of that
nation had been reduced to a state of inactivity by the necessity of
defending their ships. Late in January, a detachment from the British
fleet was encountered on the east end of Long Island by a furious
storm, in which such damage was sustained as to destroy for a time the
naval superiority which Arbuthnot had uniformly preserved.
To turn this temporary superiority to advantage, Monsieur Destouches
resolved to detach a ship of the line, with two frigates, to the
Chesapeake; a force which the delegation from Virginia had assured him
would be sufficient for the purpose.
On receiving certain accounts of the loss sustained in the storm,
General Washington conceived the design of improving that
circumstance by immediate and powerful operations against Arnold.
Confident that the critical moment must be seized, or the enterprise
would fail, he ordered a detachment of twelve hundred men, under the
command of the Marquis de Lafayette, to the head of the Chesapeake;
there to embark for that part of Virginia which was to become the
theatre of action, under convoy of a French frigate, for which he
applied to the admiral. He immediately communicated this measure to
the Count de Rochambeau, and to Monsieur Destouches, to whom he also
stated his conviction that no serious advantage could be expected from
a few ships, unaided by land troops. "There were," he said, "a variety
of positions to be taken by Arnold, one of which was Portsmouth, his
present station, where his ships might be so protected by his
batteries on the shore as to defy a mere naval attack; and where he
would certainly be able to maintain himself until the losses sustained
in the late storm should be repaired, and the superiority at sea
recovered, when he would unquestionably be relieved."
To insure the success of the expedition, he recommended that the whole
fleet should be employed on it, and that a detachment of one thousand
men should be embarked for the same service.
[Sidenote: February 9.]
These representations did not prevail. The original plan had already
been put in execution. On the 9th of February, a sixty-four gun ship
with two frigates, under Monsieur de Tilley, had sailed for the
Chesapeake; and, as some of the British ships had been repaired, the
French admiral did not think it prudent to put to sea with the residue
of his fleet.
As had been foreseen by General Washington, de Tilley found Arnold in
a situation not to be assailed with any prospect of success. After
showing himself therefore in the bay, and making an ineffectual
attempt to enter Elizabeth River, he returned to Newport. At the
capes, he fell in with the Romulus, a fifty gun ship, coming from
Charleston to the Chesapeake, which he captured.
Both the Count de Rochambeau, and the Chevalier Destouches, being well
disposed to execute the plans suggested by General Washington, they
determined, on the return of Monsieur de Tilley, to make a second
expedition to the Chesapeake with the whole fleet, and eleven hundred
men. General Washington, therefore, hastened to Newport, that in a
personal conference with them, he might facilitate the execution of an
enterprise from which he still entertained sanguine hopes.
[Sidenote: March 6.]
Early on the 6th of March he reached Newport, and went instantly on
board the Admiral, where he was met by the Count de Rochambeau. It was
determined that a detachment from the army, then in perfect readiness,
should be embarked under the Count de Viominil; and that the fleet
should put to sea as soon as possible. The wind was favourable to the
French, and adverse to the British. Yet the fleet did not sail until
the evening of the eighth. It appears from a letter of Monsieur
Destouches, that this delay was in some measure attributable to a
disaster which befel one of his frigates in getting out of port; and
there is reason to suppose that it may be ascribed to a want of
supplies. Whatever may have been the cause, Arnold is most probably
indebted to it for his escape from the fate which his treason merited.
Two days after Destouches had sailed, he was followed by Arbuthnot,
who overtook him off the capes of Virginia. A partial engagement
ensued which continued about an hour, when the fleets were separated.
The French admiral called a council of war the next day, in which it
was declared unadviseable to renew the action, and he returned to
Newport.
[Sidenote: March 26.]
The arrival of two thousand men commanded by General Philips, gave the
British a decided superiority in Virginia, and changed the destination
of Lafayette, who had been ordered to join the southern army, but to
whom the defence of that state was now committed. The troops under his
command being taken chiefly from the eastern regiments, had imbibed
strong prejudices against a southern climate; and desertions became so
frequent as to threaten the dissolution of the corps.
This unpromising state of things was completely changed by a happy
expedient adopted by Lafayette. Appealing to the generous principles
of his soldiers, principles on which the feelings of his own bosom
taught him to rely, he proclaimed in orders, that he was about to
enter on an enterprise of great danger and difficulty, in which he
persuaded himself his soldiers would not abandon him. If, however, any
individual of the detachment was unwilling to accompany him, a permit
to return should most assuredly be granted him.
This measure had the desired effect, and put an end to desertion.[72]
To keep up the good dispositions of the moment, this ardent young
nobleman, who was as unmindful of fortune as he was ambitious of fame,
borrowed from the merchants of Baltimore, on his private credit, a sum
of money sufficient to purchase shoes, linen, spirits, and other
articles of immediate necessity for the detachment.[73]
[Footnote 72: The author was assured by General Lafayette that this
was true. Such was the enthusiasm of the moment, that a lame sergeant
hired a place in a cart to keep up with the army.]
[Footnote 73: It is not unworthy of notice, that the ladies of
Baltimore charged themselves with the toil of immediately making up
the summer clothing for the troops. Innumerable instances of their
zeal in the common cause of their country were given in every state in
the union.]
Having made these preparations for the campaign, he marched with the
utmost celerity to the defence of Virginia. That state was in great
need of assistance. The enemy had penetrated deep into its bosom, and
was committing those excesses on its inhabitants to which a country
unable to repel invasion must always be exposed.
General Philips, on his arrival, took command of all the British
troops in Virginia; and, after completing the fortification of
Portsmouth, commenced offensive operations.
[Sidenote: April 24.]
About two thousand five hundred men were embarked on board some small
vessels, and landed at various places in the neighbourhood of
Williamsburg. Different detachments spread themselves over the lower
part of that neck of land which is made by York and James Rivers; and,
after destroying, without opposition, a ship yard belonging to the
state, with some armed vessels and public stores, re-embarked and
proceeded to City Point, where they landed in the afternoon of the
24th. The next day they marched against Petersburg, at which place,
immense quantities of tobacco and other stores were deposited.
Baron Steuben was not in a situation to check their progress. The
levies of Virginia had marched to the aid of General Greene; and the
whole number of militia, at that time in the field, did not much
exceed two thousand men. Unwilling to abandon so important a place as
Petersburg without the semblance of fighting, the baron posted about
one thousand men a mile below the town with orders to skirmish with
the enemy. The British troops, without being able to bring him to a
close engagement, were two or three hours employed in driving him
across the Appomattox, the bridge over which being taken up as soon as
the militia had passed it, farther pursuit became impracticable.
This skirmish having terminated with scarcely any loss on either side,
the baron retreated towards Richmond, and Philips took quiet
possession of Petersburg; where he destroyed a considerable quantity
of tobacco, and all the vessels lying in the river.
This service being accomplished, Arnold was detached through Osbornes
to Warwick, between which place and Richmond, a respectable naval
force, consisting of small armed vessels, had been collected with the
intention of co-operating with the French fleet against Portsmouth;
and a few militia were stationed on the northern bank of the river to
assist in defending the flotilla.
[Sidenote: April 30.]
The crews of the vessels, on receiving a fire from a few field pieces
ordered by Arnold to the bank, scuttled them, escaped to the opposite
shore, and dispersed with the militia. Philips marched with the
residue of the army to Chesterfield court house, the place of
rendezvous for the new levies of Virginia, where he destroyed the
barracks with a few public stores; after which he joined Arnold in the
neighbourhood of Warwick, and marched without interruption to
Manchester, a small town on the southern bank of James River,
immediately opposite to Richmond; where, as was the general practice,
the warehouses were set on fire, and all the tobacco consumed.
On the preceding evening, the Marquis de Lafayette, who had made a
forced march from Baltimore, arrived with his detachment at Richmond;
and that place, in which a great proportion of the military stores of
the state were then collected, was saved, for the time, from a visit
which was certainly designed.
The regular troops composing this detachment were joined by about two
thousand militia, and sixty dragoons. Not thinking it adviseable to
attempt the passage of the river in the presence of so respectable an
army, General Philips retired to Bermuda Hundred, a point of land in
the confluence of the James and Appomatox, [Transcriber's Note: sic]
at which place he re-embarked his troops, and fell down the river to
Hog Island.
The Marquis fixed his head quarters on the north of Chiccahominy,
about eighteen miles from Richmond; where he remained until a letter
from Lord Cornwallis called Philips again up James River.
When that nobleman determined on marching from Wilmington into
Virginia, he signified his wish that the British troops in that state,
should take their station at Petersburg.
On receiving this letter, Philips proceeded to comply with the request
it contained. As soon as the fleet moved up the river, Lafayette
returned to the defence of Richmond. Having, on his arrival, received
intelligence that Lord Cornwallis was marching northward, and finding
Philips landed at Brandon on the south side of the river, he was
persuaded that a junction of the two armies must be intended, and
hastened to take possession of Petersburg[74] before Philips could
reach that place. In this however he was anticipated by the British
general; upon which he recrossed James River, and, encamping a few
miles below Richmond, used his utmost exertions to remove the military
stores in that town to a place of greater security.
[Footnote 74: General Lafayette states that this movement also
facilitated the transportation of some military stores to the southern
army, which were greatly needed.]
[Sidenote: Cornwallis arrives.]
In this position his army was permitted to repose itself but a few
days. Lord Cornwallis, after passing through North Carolina and the
southern parts of Virginia without encountering much opposition, and
effecting a junction with Arnold, who had succeeded by the death of
Philips to the command of the army in Virginia,[75] found himself at
the head of a force which nothing in that state could resist; and
determined on a vigorous plan of offensive operations. His immediate
object was to bring the Marquis to an action; for which purpose he
crossed James River at Westover, where he was joined by a
reinforcement from New York, and attempted, by turning the left flank
of the American army, to get into its rear. Lafayette was not in a
condition to risk an engagement. His objects were the security of the
public stores, the preservation of his small army for future services,
and a junction with the Pennsylvania line which was on its march
southward, under the command of General Wayne. As Lord Cornwallis
crossed James River, he retired towards the upper country, inclining
his route to the north in order to favour a junction with Wayne.
[Footnote 75: General Philips died the day on which the army entered
Petersburg. Arnold on succeeding to the command addressed a letter to
Lafayette, which the American general refused to receive, informing
the officer who brought it, and whom he treated in other respects with
great politeness, that he would receive no letter from Arnold.--_Cor.
of Lafayette._]
The fine horses found in the stables of private gentlemen, gave to the
British general an efficient cavalry; and enabled him to mount so
many infantry, as to move large detachments with unusual rapidity.
With these advantages, he was so confident of overtaking and
destroying his enemy, as to say exultingly in a letter which was
intercepted, "the boy can not escape me." His sanguine hopes, however,
were disappointed. Lafayette moved with so much celerity and caution
as to convince Cornwallis of the impracticability of overtaking him,
or of preventing his junction with Wayne.
After marching some distance up the northern side of Northanora, his
lordship relinquished the pursuit, and turned his attention to other
objects which were more attainable.
Military stores had been collected in various parts of the middle
country, and, among others, at the Point of Fork, a point of land made
by the confluence of the Rivanna and Fluvanna, the two branches of
James' River. Colonel Simcoe was detached with five hundred men
against this post, which was protected by between five and six hundred
new levies, and a few militia. Tarlton, with two hundred and fifty
cavalry and mounted infantry, was ordered at the same time against
Charlottesville, where the general assembly was in session. So rapid
were his movements that a mere accident prevented his entering the
town before any notice of his approach was given. A private gentleman,
Mr. Jouiette, who was acquainted with a nearer route than the great
road, hastened to Charlottesville on a fleet horse with the
interesting intelligence, and entered the town about two hours before
the British cavalry. Nearly all[76] the members of the legislature
made their escape, and reassembled at Staunton, on the western side of
the Blue Ridge. Tarlton, after destroying the stores at
Charlottesville, proceeded down the Rivanna to the Point of Fork.
[Footnote 76: Seven fell into the hands of Tarlton.]
The detachment commanded by Simcoe, being composed chiefly of
infantry, could not move with equal celerity. That officer, however,
conducted his march with so much secrecy and address, that Steuben
seems to have been either unapprized of his approach, or to have had
no accurate information of his numbers. Intelligence of the expedition
to Charlottesville had reached him, and he had prudently employed
himself in removing his stores from the Point of Fork to the south
side of the Fluvanna.
The river was at the time unfordable; and the boats were all secured
on the southern bank. Yet Steuben, suspecting the detachment of Simcoe
to be the van of the British army, or apprehending that Tarlton might
get into his rear, withdrew precipitately in the night, and marched
near thirty miles, leaving behind him such stores as could not be
removed. These were destroyed next morning by a small detachment of
men who crossed the river in a few canoes.
[Sidenote: Presses Lafayette over the Rapidan.]
To secure his junction with Wayne, and to keep open his communication
towards the north, Lafayette had crossed the Rapidan.
[Sidenote: Lafayette forms a junction with Wayne.]
These movements of the two armies had thrown Lord Cornwallis between
Lafayette and the military stores which had been transported from
Richmond up James' River, and deposited at different places, but
principally at Albemarle old court house, high up that river. To this
place Lord Cornwallis directed his march.
The Marquis, having effected a junction with the Pennsylvania line
consisting of eight hundred men, recrossed the Rapidan, and advanced
with so much celerity towards the British army, that he encamped
within a few miles of it, while upwards of a day's march from its
point of destination.
Confident that the object of the American general must be to protect
the magazines on the Fluvanna, Lord Cornwallis encamped at Elk Island,
and advanced his light troops to a position commanding the road, by
which it was supposed the Americans must pass.
Lafayette, however, discovered in the night a nearer road which had
long been disused; and the next morning the British general had the
mortification to perceive that the American army had crossed the
Rivanna, and taken a strong position behind the Mechunk creek, which,
in a great measure, commanded the route leading from the camp of his
lordship to Albemarle old court house. At this place a considerable
reinforcement of mountain militia was received.
[Sidenote: Cornwallis retires to the lower country.]
Apprehending the force opposed to him to be greater than it was in
reality, and probably desirous of transferring the war to the lower
country, Lord Cornwallis abandoned the objects he had pursued, and
retired first to Richmond, and afterwards to Williamsburg.
[Sidenote: June 18.]
The Marquis followed with cautious circumspection. On the 18th of
June, he was reinforced by four or five hundred new levies under the
Baron Steuben, which augmented his army to four thousand men, of whom
two thousand were regulars. That of Lord Cornwallis was, probably,
rather more numerous.
As the British army retreated to Williamsburg, Lafayette, who sought a
partial, though he avoided a general engagement, pressed its rear with
his light parties. Colonel Simcoe, who covered the retreat, was
overtaken by Colonel Butler about six miles from Williamsburg, and a
sharp action ensued. The Americans claimed the advantage; but were
compelled to retire by the approach of the whole British army.
In the bold and rapid course taken by Lord Cornwallis through the
lower and central parts of Virginia, much private as well as public
property[77] was destroyed; and the resources of the state were
considerably diminished; but no solid advantage was obtained.
Although, from various causes, especially from a want of arms, and
from that general repugnance which a harassed, unpaid militia, will
universally manifest to military service, less resistance was
encountered than was to be expected from the strength and population
of the state; no disposition was openly manifested to join the royal
standard, or to withdraw from the contest. The Marquis complained of
"much slowness, and much carelessness in the country; but the
dispositions of the people," he said, "were good, and they required
only to be awakened." This, he thought, would be best effected by the
presence of General Washington, an event for which he expressed the
most anxious solicitude. But Washington deemed it of more importance
to remain on the Hudson, for the purpose of digesting and conducting a
grand plan of combined operations then meditated against New York, by
the execution of which he counted more certainly on relieving the
southern states, than by any other measure it was in his power to
adopt.
[Footnote 77: While the British army overran the country, their ships
sailed up the rivers, pillaged the farms, received the slaves who fled
from their masters, and, in some instances, reduced the houses to
ashes. While they were in the Potowmac, a flag was sent on shore at
Mount Vernon, requiring a supply of fresh provisions. The steward of
General Washington, believing it to be his duty to save the property
of his principal, and entertaining fears for the magnificent buildings
of the Commander-in-chief, went on board with the flag, carried a
supply of fresh provisions, asked the restoration of the slaves who
had taken refuge in the fleet, and requested that the buildings might
be spared. Mr. Lund Washington, to whom the general had entrusted the
management of his estate, communicated these circumstances to him, and
informed him that he too had sustained considerable losses. "I am
sorry," said the general, in reply, "to hear of your loss; I am a
little sorry to hear of my own. But that which gives me most concern
is, that you should have gone on board the vessels of the enemy and
furnished them with refreshments. It would have been a less painful
circumstance to me to have heard, that in consequence of your
non-compliance with their request, they had burnt my home and laid the
plantation in ruins. You ought to have considered yourself as my
representative, and should have reflected on the bad example of
communicating with the enemy, and making a voluntary offer of
refreshment to them, with a view to prevent a conflagration."]
[Sidenote: General Washington's letters are intercepted.]
An express carrying letters, communicating to congress the result of
his consultations on this subject, with the commanders of the land and
naval forces of France, was intercepted in Jersey. The interesting
disclosure made by these letters, alarmed Sir Henry Clinton for the
safety of New York, and determined him to require the return of a part
of the troops in Virginia. Supposing himself too weak, after complying
with this requisition, to remain at Williamsburg, Lord Cornwallis took
the resolution of retiring to Portsmouth.
In pursuance of this resolution, he marched from Williamsburg and
encamped in such a manner as to cover the ford into the island of
Jamestown. On the same evening, the Queen's rangers crossed over into
the island; and the two succeeding days were employed in passing over
the baggage.
The morning after the evacuation of Williamsburg, Lafayette changed
his position, and pushed his best troops within nine miles of the
British camp, with the intention of attempting their rear, when the
main body should have passed into Jamestown.
[Sidenote: July 6.]
Suspecting his design, Lord Cornwallis encamped the greater part of
his army on the main land as compactly as possible, and displayed a
few troops on the island in such a manner as, in appearance, to
magnify their numbers. All the intelligence received by Lafayette
concurred in the representation that the greater part of the British
army had passed over to the island in the night. Believing this to be
the fact, he detached some riflemen to harass their out-posts, while
he advanced at the head of the continental troops in order to cut off
the rear.
Every appearance was calculated to countenance the opinion he had
formed. The British light parties were drawn in, and the piquets were
forced by the riflemen without much resistance, but an advanced post
which covered the encampment from the view of the Americans, was
perseveringly maintained, though three of the officers commanding it
were successively picked off by the riflemen. Lafayette, who arrived a
little before sunset, suspected from the obstinacy with which this
post was maintained, that it covered more than a rear guard, and
determined to reconnoitre the camp, and judge of its strength from his
own observation.[78] It was in a great measure concealed by woods;
but from a tongue of land stretching into the river, he perceived the
British force to be much more considerable than had been supposed, and
hastened to call off his men.
[Footnote 78: Correspondence with Lafayette.]
[Sidenote: Action near Jamestown.]
He found Wayne closely engaged. A piece of artillery had been left
weakly defended, which Wayne determined to seize. Scarcely was the
attempt made, when he discovered the whole British army, arranged in
order for battle, moving out against him. To retreat was impossible,
and the boldest had become the safest measure. Under this impression
he advanced rapidly, and, with his small detachment, not exceeding
eight hundred men, made a gallant charge on the British line. A warm
action ensued, which was kept up with great spirit until the arrival
of Lafayette, who, perceiving Wayne to be out-flanked both on the
right and left, ordered him to retreat and form in a line with the
light infantry, who were drawn up about half a mile in his rear. The
whole party then saved itself behind a morass.
Fortunately for Lafayette, Lord Cornwallis did not improve the
advantage he had gained. Suspecting this to be a stratagem of the
American general to draw him into an ambuscade, a suspicion equally
favoured by the hardiness and time of the attack, Lord Cornwallis, who
supposed his enemy to be stronger than he was in reality, would allow
no pursuit; and, in the course of the night, crossed over into the
island, whence he, soon afterwards, proceeded to Portsmouth.
In this action, the Americans lost one hundred and eighteen men, among
whom were ten officers; and two pieces of artillery were left on the
field, the horses attached to them being killed. The British loss was
less considerable.
All active operations were now suspended; and the harassed army of
Lafayette was allowed some repose.
Although no brilliant service was performed by that young nobleman,
the campaign in Virginia enhanced his military reputation, and raised
him in the general esteem. That with so decided an inferiority of
effective force, and especially of cavalry, he had been able to keep
the field in an open country, and to preserve a considerable
proportion of his military stores, as well as his army, was believed
to furnish unequivocal evidence of the prudence and vigour of his
conduct.