The military operations in Pennsylvania, are to be the subjects of our
immediate attention. About a fortnight after the German-town battle on
the 19th of October the royal army under the command of Sir William
Howe, removed to Philadelphia.
Measures being concerted between the general and admiral for clearing
the Delaware of its obstructions, the former ordered batteries to be
erected on the western or Pennsylvania shore, to assist in dislodging
the Americans from Mud-Island. He also detached a strong body of
Hessians across the river, who were to march down and reduce the fort at
Red-bank, while the ships and batteries on the other side were to attack
Mud-Island.—Count Donop commanded the detachment, consisting of three
battalions of grenadiers and the regiment of Mirback, beside,
light-infantry and chasseurs. The Americans were about four hundred
under col. Christopher Greene of Rhode-Island. [Oct. 22.] When near
enough, the count sent a flag and demanded a surrender of the fort in
the most peremptory terms. The colonel concealed the greatest part of
his men, so that the officer with the flag thought the garrison very
small. Greene answered—“I shall defend the fort to the last extremity.”
Donop attacked the intrenchments, after a sharp action carried an
extensive outwork, not half completed; but in the body of the redoubt,
which afforded a better covering, the defence was equally vigorous and
far more successful. Here indeed the Americans meant to risk the fate of
the fort, as they would have the greater advantage of the assailants.
The Count was mortally wounded and taken prisoner. Several of the best
officers were killed or disabled; and the Hessians, after a desparate
engagement, were repulsed. The second in command being also dangerously
wounded, the detachment was brought off by lieut. col. Linsing. It
suffered not only in the assault but in the approach to and retreat from
the fort by the fire of the American gallies and floating batteries. The
whole loss was probably not less than 4 or 500 men. Congress have since
resolved to present col. Greene with an elegent sword. The men of war
and frigates destined for the attack of Mud-Island, alias Fort Mifflin,
were equally unfortunate. The ships could not bring their fire to bear
with any great effect upon the works. The extraordinary defences with
which the free course of the river had been intercepted, had affected
its bed, and altered its known and natural channel. By this mean the
Augusta man of war and Merlin sloop were grounded so fast, that there
was no possibility of getting them off. The Augusta while engaged took
fire, and the Merlin was hastily evacuated. The greater part of the
officers and crew of the Augusta were saved: but the second lieutenant,
chaplain, gunner, and no inconsiderable number of the cammon men
perished.—Notwithstanding this ill success, the British commanders
prosecuted with vigor the business of opening the navigation.——Nor were
the Americans idle; for they left nothing undone to strenghten their
defences.
[Oct. 29.] General Washington gave the following state of his army,—“Our
whole force by the last returns is 8313 continental troops; and 2717
militia rank and file, fit for duty; beside the garrison of Mud-Island
amounting to 300 continentals, of Red-bank 350, and a detachment of
militia (on the 26th to reinforce it) 300; and the troops on the other
side of Schuylkill 500, making together 1450.” Thus it appears that his
whole strength was 12480 men. Sir W. Howe’s probably amounted to more
than 10000 rank and file present fit for duty. It had received no
increase worth mentioning from among the inhabitants of Pennsylvania or
the neighboring states, though large promises had been made (by some
sanguine gentlemen who had joined him) that thousands of loyal subjects
would repair to the royal standard as soon as it should make its
appearance in Pennsylvania. The American commander in chief certainly
supposed that gen. Howe’s force exceeded his own in number, for, on the
13th of November, he wrote,—“The army which I have under my immediate
command has not, at any one time since gen. Howe’s landing at the head
of Elk, been equal in point of numbers to his. In ascertaining this, I
do not confine myself to continental troops but comprehend militia. I
was left to fight two battles, in order if possible to save
Philadelphia, with less numbers than composed the army of my antagonist,
whilst the world has given us at least double. This though mortifying in
some points of view I have been obliged to encourage; because next to
being strong it is best to be thought so by the enemy, and to this cause
principally, I think is to be attributed the slow movement of Howe.” The
cause was different in the northern department. There the states of
New-York and New-England resolving to crush Burgoyne, continued pouring
in their troops till the surrender of his army. Had the same spirit
prevaded the people of Pennsylvania and the neighboring states.
Washington might, before the date of his letter, had Howe nearly in the
same situation with Burgoyne. The Pennsylvania militia were said to be
30,000, but about 3000 was the highest number brought into the field. In
the estimation of some New-England gentlemen, “the peasants of that
country are extremely ignorant and brutish. They are a mixture of high
and low Dutch, and so exceeding illiterate, that few of them can read
and scarce any can write. They have no other ideas of liberty or
slavery, than as it effects their property; and it is immaterial to
them, whether Great-Britain or America prevail, so that they may be
exempted from paying their proportion of the expences of the war.”
Ignorance is the high road to slavery.
While the British were entirely occupied in possessing the city of
Philadelphia, gen. Washington sent off lieut. col. Samuel Smith of the
Maryland line, with 200 men, who were to proceed and possess themselves
of Mud-Island. By quick marches he arrived with his party at the lower
ferry, and with difficulty threw himself into the fort, which he found
in a wretched condition without ammunition, provision or stores,
garrisoned by about thirty militia. He had with him two exellent
officers of artillery, to whom he assigned fifty of his best men, who
were trained to the guns. The colonel, with commodore Hazlewood and
captain Robinson, a brave naval officer, visited Province-island,
principally under water, the banks having been cut by order The colonel
pointed out two dry places, where the enemy might erect works, the
nearest about 4 or 500 yards from that side of the American works where
the defences were only palisades, one gun and two weak block-houses.
With great labor he undertook to erect a two gun battery without the
fort, so as to make a cross fire on the spot. He had not finished,
before the enemy took possession of the ground he most dreaded; but by a
well directed fire from the block-house batteries and gallies, ere they
had a gun ready, the Americans wounded the commander, and the party
delivered themselves up prisoners. While these were removing another
party came down from the heights, and deceiving major Billard with
offers of submission, till too near to be prevented, repossessed
themselves of the battery, from whence they annoyed the garrison very
much. Many of the men and officers having sickened through the
unhealthiness of the place, the colonel was reinforced by the first
Virginia regiment of about 120 men. The enemy having got up part of the
chevaux-de-Frieze, brough in their shipping, and made an attack as above
related. One American squadron of four gallies behaved well, the others
kept aloof, the commodore being at the distance of more than a mile. The
British, after that unsuccessful attack, applied themselves to the
strengthening of their batteries on shore, and nightly sent up their
boats with provision to the city, by the passage between Mud and
Province islands, while the commodore absolutely refused attempting to
prevent them, upon the plea that a single bomb from the enemy would
destroy any of his gallies. There came three or four days of uncommon
high tides, which drowned some of the British, and hindered their
working any of their guns except one howitzer. This opportunity of
annoying them considerably, was not duly improved by the gallies. On the
decrease of the tides, the British renewed their fire with double vigor,
and soon destroyed the American two gun battery, blew up the north-west
block-house and laboratory, and compelled the garrison to seek cover in
the fort. Colonel Smith, after having defended it from the latter end of
September, till the 11th of Nov. a few days excepted, was wounded by a
spent cannon-shot, and greatly bruised by the bricks it threw on him,
which occasioned his removal to the main. His fatigues and dangers had
been extreme; and he supported them with uncommon patience and
fortitude. Upon his removal the command devolved on lieut. col. Russel,
of the Connecticut line, but he being exhausted with fatigue, and
totally destitute of health, requested to be recalled. Upon the 12th,
the commander in chief signified his orders to the commanding general on
the Jersey side, who directed all the military operations below
Philadelphia, “to defend Mud-Island as long as possible, without
sacrificing the garrison.” The commanding general, for insuperable
reasons, could not detach an officer in rotation. Major Thayer, of the
Rhode-Island line, presented himself a volunteer, and was appointed.
The British having every thing in readiness, the Isis and Somerset men
of war pass up the east channel to attack the works on Mud-Island in
front; several frigates draw up against an American fort, newly erected
on the Jersey side, situated so as to flank the men of war in their
station; and two armed vessels, the Vigilant, an East-Indiaman cut down
to a battery of 20 twenty-four pounders on one side, and a hulk with 3
twenty-four pounders, successfully make their way through a narrow
channel on the western side, a matter of the greatest importance, as
these two vessels, in concert with the batteries on Province-Island,
enfilade the principal works on Mud-Island. On the morning of the 15th
of Nov. the whole British fire is displayed from their land batteries
and their snipping in the river. The small garrison of 300 men, sustain
and repel the shock with astonishing intrepidity for several hours,
assisted by the American gallies and the batteries on the Jersey shore.
By the middle of the day their defences are levelled with the common
mud, and the officers and men expect each other’s fate in the midst of
carnage. During the day more than 1030 discharges of cannon, from
thirty-two to twelve-pounders, are made in twenty minutes, from the
batteries and shipping of both sides. Early in the evening, major Thayer
sends all his garrison ashore, excepting forty, with whom he remains,
braving all danger. At twelve at night, many of the military stores
having been previously sent away, the barracks are fired, when the major
and his few brave companions quit, and cross to Red-Bank.[80]
In this affair there were near two hundred and fifty of the garrison
killed and wounded. Three councils of war had been called upon the
subject of relieving fort Mifflin; and in the last, it was concluded to
attempt it, though it was believed that a general engagement would be
the consequence; this, however, the Americans did not regard, the ground
being such as they wished, if called to fight the enemy. The night
before the attempt could be made, the fort was of necessity evacuated.
The congress, before this event, had voted lieut. col. Smith an elegant
sword for the defence he had made on the 22d of October; but as they had
voted at the same time, the like to commodore Hazlewood, commander of
the naval force in the Delaware, he did not think himself much honored
by it, and declined the present. Men of courage and judgment pronounce
the commodore a poltron, and say that if all the officers in the marine
department had behaved with equal bravery to what the land officers did,
the fort would not have been taken. Several of them are reckoned to have
acted a dastardly part. It was observed of Hazlewood, that he was fond
of long shot, and was shy of coming to close quarters. The reduction of
the fort secured to the British the safe opportunity of sending up their
small craft, at the back of the island, to the Schuylkill with
provisions and stores, by day as well as by night.
On the 18th, at night, lord Cornwallis marched with a considerable
force, and the next day crossed the Delaware, in his way to Red-Bank,
which the Americans abandoned, leaving behind them their artillery, and
a considerable quantity of cannon-ball. Some continental generals were
appointed to give their opinion upon the spot to col. Greene. They
favored an evacuation, and wished that he would join them. He answered,
“I shall follow your direction, either to evacuate or defend the fort. I
know what we have done when the works were not half completed. Now they
are finished, and I am not afraid.” But the direction was to evacuate,
which was complied with, though with manifest reluctance. The marquis de
la Fayette accompanied gen. Greene into Jersey, though his wound was not
yet healed; and on the 25th of Nov. with only a handful of riflemen and
militia, attacked a party of Hessians and British grenadiers, which he
obliged to retreat. After this congress resolved that he should take the
command of a division in the army.
The American shipping having now lost all protection, several of the
gallies and other armed vessels, took the advantage of a favorable
night, kept close in with the Jersey shore, passed the batteries of
Philadelphia, and escaped to places of security higher up. The remaining
seventeen finding an escape impracticable, were abandoned by the crews
and fired. The British however confessed, that the long and unexpected
opposition which they received from Red-bank and Mud-island, broke in
upon their plans for the remainder of the campaign.
A detachment from the northern army, of some of the New-England
brigades, was ordered down to join the American commander in chief. When
arrived at Fish-kill, a number of the New-Hampshire troops, to the
amount of near 200, mutinied at the barracks on the evening of November
the 4th, paraded with their arms, and began to march off in order. The
exertions of the officers suppressed them, but capt. Beal was shot and
mortally wounded; he killed however the soldier that shot him. The cry
was, “We have no money, nor breeches, and will not cross the river till
we have received these articles.” It was feared that some officers were
at the bottom of the mutiny. As it was soon quelled without infecting
the other troops, the whole marched on, till they joined gen.
Washington; who being thus reinforced, advanced to White Marsh, within
14 miles of Philadelphia, and encamped in a strong position. Sir W.
Howe, hoping that he meant to hazard a battle for the recovery of
Philadelphia, or that some part of his camp was vulnerable, and would
admit of a successful impression, marched the army from the city on the
night of the 4th of December. The day before, gen. Greene gave this
distressing picture of the American army to the commander in chief——“One
half of our troops are without breeches, shoes and stockings; and some
thousands without blankets. Last winter’s campaign will confirm this
truth, that unless men are well clothed, they must fall a sacrifice to
the severity of the weather, when exposed to the hardships of a winter’s
campaign.” Howe’s further proceedings take in Washington’s words,
written on the 10th—“I had reason to expect Howe was preparing to give
us a general action. On Friday morning his troops appeared on
Chesnut-hill; at night they changed their ground. On Sunday from every
appearance there was reason to apprehend an action. About sun-set, after
various marches and counter-marches, they halted, and still supposed
they would attack us in the night, or early the next morning, but in
this I was mistaken. On Monday afternoon they filed off, and marched
toward Philadelphia. Their loss in skirmishing was not inconsiderable. I
sincerely wish they had made an attack, the issue would in all
probability have been happy for us. Policy forbad our quitting our posts
to attack them.”
[Dec. 11.] The American army marched from White Marsh to Sweed’s-ford.
The want of clothing was so extreme that gen. Washington was under the
absolute necessity of granting warrants to different officers to impress
what the holders would not willingly part with, agreeable to the powers
with which congress had invested him. He removed with the troops, on the
19th, to Valley-forge where they hutted about sixteen miles from
Philadelphia. When the mode of hutting was first proposed, some treated
the idea as ridiculous, few thought it practicable, and all were
surprised at the facility with which it was executed. It was certainly a
considerable exertion for the remnant of an army, exhausted and worn
down, by the severity of a long and rather unsuccessful campaign, to sit
down in a wood, and in the latter end of December to begin to build them
huts. Through the want of shoes and stockings, and the hard frozen
ground, you might have tracked the army from White Marsh to Valley-forge
by the blood of their feet.[81] The taking of this position was highly
requisite. Had the army retired to the towns in the interior parts of
the state, a large tract of fertile country would have been exposed to
ravage and ruin; and they must have distressed in a peculiar manner the
virtuous citizens from Philadelphia, who had fled thither for refuge.
Sir W. Howe has plainly the advantage of the American general, but
nothing to boast of; for all the fruits derived from his various
manœuvrings and engagements, from the beginning to the close of the
campaign, amount to little beside good winter quarters for his army in
Philadelphia, while the troops possess no more of the adjacent country
than what their arms immediately command. Certain persons indeed are
permitted to carry provisions into the city; that so upon their return
they may supply the Americans with intelligence. These must submit to
spare a little for such purposes, though in the utmost want themselves.
At one time the army remained quiet for four days together without
bread; on the fifth two regiments refused to do duty upon the account;
but the prudence and pursuasion of the commander in chief restored
order. To a similar event there was probably an allusion, in the
following extract from his letter of the 23d—“This brought fourth the
only commissary in the purchasing line in this camp, and with him this
melancholy alarming truth, that he had not a single hoof of any kind to
slaughter, and not more than twenty-five barrels of flour, and could not
tell when to expect any. The present commissaries are by no means equal
to the execution of the office, or the disaffection of the people is
past all belief. The change in that department took place contrary to my
judgment, and the consequences thereof were predicted. No man ever had
his measures more impeded than I have, by every department of the army.
Since the month of July we have had no assistance from the
quarter-master-general, and to want of assistance from this department
the commissary-general charges geat part of his deficiency. We have by a
field return this day, no less than 2898 men in camp unfit for duty,
because they are barefoot and otherwise naked. Our whole strength in
continental troops (including the eastern brigades, which have joined us
since the surrender of Burgoyne) exclusive of the Maryland troops sent
to Wilmington, is no more than 8200 in camp fit for duty. Since the
fourth our number fit through hardships, particularly on account of
blankets (numbers have been, and still are obliged to sit up all night
by fires, instead of taking comfortable rest in a common way) have
decreased near two thousand men.—Upon the ground of safety and policy, I
am obliged to conceal the true state of the army from public view, and
thereby expose myself to detraction and calumny.—There is as much to be
done in preparing for a campaign, as in the active part of it.” Gen.
Mifflin in a letter of October the eighth, had represented to congress,
that his health was so much impaired, and the probability of a recovery
so distant, that he thought it his duty to return to them their
commissions to him of major general and quarter-master-general. While
the army was suffering as above related for want of shoes, &c. hogsheads
of shoes, stockings and clothing, were at different places, upon the
road and in the woods, lying and perishing, for want of teams, and
proper management, and money to pay the teamsters.
Nothing great has happened in the neighbourhood of New-York, since the
return of the troops under general Vaughan from their expedition up the
North-River; but it may not displease you to read the following
particulars. On the 18th of November, gen. Tryon sent about one hundred
men under capt. Emmerick to burn some houses, on Philip’s manor, within
about four miles of gen. Parsons’ guards. They effected it with
circumstances of barbarity, stripping the clothing off the women and
children and turning them almost naked into the streets in a most
severely cold night. The men were made prisoners, and led with halters
about their necks, with no other clothes than their shirts and breeches
in triumph to the British lines. A few days after Parsons wrote to Tryon
upon the occasion, expostulating with him upon the business, and told
him, That he could destroy the houses and buildings of col. Philips and
those belonging to the Delancey family, each as near their lines as the
building destroyed were to his guards; that notwithstanding all their
vigilence, the destruction could not be prevented and that it was not
fear or want of opportunity, but a sense of the injustice and savageness
of such a line of conduct, that had hitherto saved the buildings. Tryon
answered from Kingsbridge on the 23d, and said among other things, “Sir,
could I possibly conceive myself accountable to any revolted subjects of
the king of Great-Britain, I might answer your letter of yesterday
respecting the conduct of capt. Emmerick’s party upon the taking of
Peter and Cornelius Vantassel. As much as I abhor every principle of
inhumanity or ungenerous conduct, I should, were I in more authority,
burn every committee-man’s house within my reach, as I deem them the
wicked instruments of the continued calamities of this country; and in
order the sooner to purge the colony of them, I am willing to give
twenty silver dollars for every acting committee-man who shall be
delivered up to the king’s troops.” The stinging repartee made to this
letter was contained in an expedition undertaken immediately after to
Greenwich, about three miles from New-York, where a small party arrived
in the evening, advanced to Mr. Oliver Delancy’s house secured the
sentry, dismissed a few ladies in peace, though rather hastily, made a
few men prisoners, burnt the house, occasioned the firing of the alarm
guns in New-York, then crossed the river and got safe off.
New-York reminds me of the American prisoners confined in that city, and
Philadelphia. In the course of letters that passed between generals Howe
and Washington, the former alluded to the cases of royal prisoners of
war being injuriously and unjustifiably loaded with irons. The latter,
in one of November the 14th, says—“If there is a single instance of a
prisoner of war being in irons, I am ignorant of it, nor can I find on
the most minute inquiry, that there is the least foundation for the
charge. I wish you to particularize the cases you allude to, that relief
may be had, if the complaints are well-founded. Now we are upon the
subject of grievances, I am constrained to observe that I have a variety
of accounts, not only from prisoners who have made their escape, but
from persons who have left Philadelphia, that our private soldiers in
your hands, are treated in a manner shocking to humanity, and that many
of them must have perished through hunger had it not been for the
charitable contributions of the inhabitants. It is added in aggravation,
that this treatment is to oblige them to inlist in the corps you are
raising. I must also remonstrate against the cruel treatment and
confinement of our officers. This I am informed is not only the case of
those in Philadelphia but of many in New-York. Many of the cruelties
exercised toward prisoners are said to proceed from inhumanity of Mr.
Cunningham, provost marshall, without your knowledge or approbation. I
transmit the depositions of two persons of reputation who are come from
Philadelphia, respecting the treatment they received. I will not comment
upon the subject. It is too painful.” Howe particularized by
saying—“Major Stockdon, and other officers of the New-Jersey volunteers,
were put in irons at Princeton. The major and captain of that regiment
were marched out of that place, under guard and hand-cuffed together.”
Washington rejoined—“When major Stockdon was first captured, I believe
that he and one or two officers taken with him, suffered the treatment
which you mention. This was without my privity or consent; as soon as I
was apprised of it, relief was ordered.—But surely this event, which
happened so long ago, will not authorise the charges in your letter of
the 6th.”
On the 10th of December, all the American officers were removed from the
ships back to Long-Island, from whence they had been taken and carried
on board. The inhabitants received them in again, upon Mr. Lewis
Pintard’s engaging to pay for them at the rate of two hard dollars per
week. There was 250 of them. He acted for Mr. Boudinot. Had he not
engaged, their former board not having been paid for, they would have
been returned to the ships. All the privates there have been clothed by
him. He observed, when informing his principal of these particulars—“The
privates should have a little fresh beef, especially the convalescents,
who on leaving the hospitals are put to salt meat, and relapse
immediately; the consequence of which is, they are dying very fast. I
advise sending in weekly a quantity of fresh provision for their
consumption.”
The board of war had a conference with Mr. Boudinot, the commissary
general of prisoners, at York-town on the 21st of December, and after
having carefully examined the evidences produced by him, agreed upon
reporting, beside other matters—“That there are about 900 privates, and
300 officers in the city of New-York, and about 500 privates and 50
officers in Philadelphia:—That the privates in New-York have been
crowded all summer in sugar-houses, and the officers boarded on
Long-Island, except about 30, who have been confined in the provost
guard and in the most loathsome jails:—That since the beginning of
October all these prisoners, both officers and privates, have been
confined in prison-ships, or the provost:—That the privates in
Philadelphia have been kept in two public jails, and the officers in the
state-house:—That, from the best evidence which the nature of the
subject will admit of, the general allowance of prisoners at most does
not exceed four ounces of meat, and as much bread (often so damaged as
not to be eatable) per day, and often much less, though the professed
allowance is from eight to ten ounces:—That it has been a common
practice with the enemy, on a prisoner’s being first captured, to keep
him three, four, or even five days without a morsel of provisions of any
kind, and then to tempt him to inlist to save his life:—That there are
numerous instances of prisoners of war perishing in all the agonies of
hunger from their severe treatment:—That being generally stript of what
clothes they have when taken, they have suffered greatly for the want
thereof during their confinement.” This ill-treatment of the American
prisoners, though it shortens the lives of numbers, tends only to
lengthen the war, by irritating the people at large, among whom it is
quickly reported.
Let us now quit the military for the civil department, though with
respect to dates we must be retrograde.
On Wednesday, October the 29th, Mr. President Hancock closed the
business of the morning by taking leave of congress in the following
speech—“Gentlemen, Friday last completed two years and five months since
you did me the honor of electing me to fill this chair. As I could never
flatter myself your choice proceeded from any idea of my abilities, but
rather from a partial opinion of my attachment to the liberties of
America, I felt myself under the strongest obligations to discharge the
duties of the office, and I accepted the appointment with the firmest
resolution to go through the business annexed to it in the best manner I
was able. Every argument conspired to make me exert myself, and I
endeavored by industry and attention to make up for every other
deficiency. As to my conduct both in and out of congress in the
execution of your business, it is improper for me to say any thing. You
are the best judges. But I think I shall be forgiven, if I say I have
spared no pains, expence, or labour, to gratify your wishes, and to
accomplish the views of congress.—My health being much impaired, I find
some relaxation absolutely necessary, after such constant application; I
must therefore request your indulgence for leave of absence for two
months. But I cannot take my departure, gentlemen, without expressing my
thanks for the civility and politeness I have experienced from you. It
is impossible to mention this without a heart felt pleasure.——If in the
course of so long a period as I have had the honor to fill this chair,
any expressions may have dropped from me that may have given the least
offence to any member, as it was not intentional, so I hope his candor
will pass it over. May every happiness, gentlemen, attend you, both as
members of this house and as individuals; and I pray Heaven, that
unanimity and perseverance may go hand in hand in this house; and that
every thing which may tend to distract or divide your councils, may be
for ever banished.”
The congress in the afternoon, ordered, “That the secretary wait on the
president, and request him to furnish the house with a copy of the
speech with which he took leave of congress.” When the secretary laid it
before them, the Friday following, one of the New-York delegates
introduced an answer he had prepared, which breathed too much the
soothing air of servility, and possessed too small a portion of
republican independency, and was therefore rejected. But it was moved,
“That the thanks of congress be presented to John Hancock, esq. for the
unremitted attention and steady impartiality which he has manifested in
discharge of the various duties of his office as president, since his
election to the chair, on the 24th day of May, 1775.” Previous to the
determination of this motion, it was moved “to resolve, as the opinion
of congress, that it is improper to thank any president for the
discharge of the duties of that office.” The South-Carolina delegates
being divided, and the New-Jersey delegate not voting, the states were
equally divided, four and four. The question being put on the first
motion, and these delegates voting in the affirmative, it was
accordingly carried, six against four.
When Mr. Hancock was first elected, in consequence of Mr. Peyton
Randolph’s being under a necessity of returning to Virginia, it was
expected that as soon as the latter repaired again to congress, the
former would resign. Of this he was reminded by one of his Massachusetts
brethren, when Mr. Randolph got back; but the charms of presidency made
him deaf to the private advice of his colleague, and no one could with
propriety move for his removal that the other might be restored. In the
early stage of his presidency, he acted upon republican principles; but
afterward he inclined to the aristocracy of the New-York delegates,
connected himself with them, and became their favorite. He at length
fell in so fully with their plans, that a Rhode-Island delegate lectured
him upon it, and told him that he had forgotten the errand on which he
was sent to congress, and advised him to return to his constituents.
This versatility in political sentiments, though it chagrined, did not
surprise his Massachusetts brethren; for they remembered, that at a
certain period he was upon the point of joining the tory club at Boston
(as it was called) whereby he alarmed the liberty party most amazingly,
and obliged them to exert all their influence to prevent so dangerous
and mortifying an event.
In the chair he so acquitted himself, that a member of congress wrote in
May, when it was thought he would return to the Massachusetts—“This
letter will go by president Hancock, for whose absence from congress I
am much concerned, though his great fatigue and long attendance entitle
him to some relaxation. How we shall do without him I know not, for we
have never yet put in a chairman on a committee of the whole house, that
could in any measure fill his place. He has not only dignity and
impartiality, which are the great requisites of a president of such a
body, but has an alertness, attention and readiness to conceive of any
motion and its tendency, and of every alteration proposed in the course
of debate, which greatly tends to facilitate and expedite business.” The
chair is known to be his fort. As chairman of a committee, or any other
body, he presides with much advantage to himself; but it has been and is
observed, that the number at the head of whom he is, whether many or
few, makes a wide difference in him; when great, he appears to be in his
own element, and is all animation; if small it is otherwise. This is
common to public characters, especially where there is a fondness for
popularity.
[Nov. 1.] “Congress proceeded to the election of a president; and the
ballots being taken the honorable Henry Laurens was elected.” He is a
South-Carolina delegate, a gentleman of a large estate, and of an
approved character. He was in England when the troubles were coming
forward, and upon learning the intentions of ministry, returned with a
fixed determination to risk all in the cause of his country and liberty.
Gen. Washington has pointed out to him gen. Greene, as the most suitable
person in his judgment, to succeed in the chief command of the American
army, in case he himself should be taken off by death or in any other
way.
[Nov. 3.] Colonel Wilkinson, who brought the dispatches from gen. Gates,
attended and delivered a message from him to congress, in the following
words, “I have it in charge from major gen. Gates, to represent to the
honorable congress, that lieut. gen. Burgoyne, at the time he
capitulated, was strongly entrenched on a formidable post with twelve
days provision: that the reduction of fort Montgomery and the enemy’s
consequent progress up the Hudson’s-River endangered our arsenal at
Albany, a reflection which left gen. Gates no time to contest the
capitulation with lieut. gen. Burgoyne, but induced the necessity of
immediately closing with his proposals, hazarding a disadvantageous
attack, or retiring from his position for the security of our magazine;
this delicate situation abridged our conquests, and procured lieut. gen.
Burgoyne the terms he enjoys. Had our attack been carried against lieut.
gen. Burgoyne the dismemberment of our army must necessarily have been
such as would have incapacitated it from further action. With an army in
health, vigor and spitits, major gen. Gates now waits the commands of
the honorable congress.” Beside thanking Gates, Lincoln, Arnold, and the
rest of the officers and troops under his command the congress resolved
the next day, that a medal of gold should be struck in commemoration of
the convention, and in the name of the United States presented by the
president to major gen. Gates.
[Nov. 7.] Congress resolved, That major gen. Mifflin’s resignation of
the office of quarter-master-general be accepted, but that his rank and
commission of major general be continued to him, without the pay annexed
to that office, until further order of congress.” In October they
resolved, “That a board of war be established, to consist of three
persons not members of congress.” They now took up that business and
proceeded to the election of the board, when major gen. Mifflin, col.
Timothy Pickering and col. Bobert H. Harrison were elected. A fortnight
after, in consequence of a conference between some of the members and
Mifflin, they resolved, “That two additional commissioners be appointed
to execute the department of the war office;” and Harrison declining to
serve, they on the 27th proceeded to the election of three
commissioners, when major gen. Gates, Joseph Trumbull, and Richard
Peters, esq’rs. were elected; it was then resolved, “That major gen.
Gates be appointed president of the board of war.” Gates was to retain
his rank as major general in the army, and to officiate at the board or
in the field as occasion might require.
The great business of the CONFEDERATION calls for our next attention. It
was on the 11th of June, 1776, that is was resolved to appoint a
committee to prepare and digest the form of one. By the 12th of July
they brought in a draught, which was read and ordered to be printed for
the consideration of congress alone; and no member was to furnish any
person with his copy, or take any steps by which the said confedration
might be re-printed. After having been before congress nine and thirty
times, on different days; a copy of the confederation being made out,
and sundry amendments made in the diction, without altering the sense,
the same was agreed to on the 15th of last November, and is as follows:
ARTICLES OF CONFEDERATION AND PERPETUAL UNION between the states of
New-Hampshire, Massachusetts-bay, Rhode-Island and Providence
Plantations, Connecticut, New-York, New-Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North-Carolina, South-Carolinia and
Georgia.
Article 1. The stile of this confederacy shall be “_The United States
of America_.”
Article 2. Each state retains its sovereignty, freedom and
independence, and every power, jurisdiction and right, which is not by
this confederation _expressly_ delegated to the United State in
congress assembled.
Article 3. The said states hereby severally enter into a firm league
of friendship with each other, for their common defence, the security
of their liberties and their mutual and general welfare: binding
themselves to assist each other against all force offered to, or
attacks made upon them or any of them on account of religion,
sovereignty, trade, or any other pretence whatever.
Article 4. The better to secure and perpetuate mutual friendship and
intercourse among the people of the different states in this union,
the free inhabitants of each of these states (paupers, vagabonds and
fugitives from justice excepted) shall be entitled to all privileges
and immunities of free citizens in the several states, and the people
of each state shall have free ingress and regress to and from any
other state, and shall enjoy therein all the privileges of trade and
commerce, subject to the same duties impositions and restrictions as
the inhabitants thereof respectively, provided that such restrictions
shall not extend so far as to prevent the removal of property imported
into any state to any other state, of which the owner is an
inhabitant; provided also that no imposition, duties or restriction,
shall be laid by any state on the property of the United States or
either of them.
If any person guilty of or charged with treason, felony or other high
misdemeanor in any state, shall flee from justice and be found in any
of the United States, he shall upon demand of the governor or
executive power of the state from which he fled, be delivered up and
removed to the state having jurisdiction of his offence.
Full faith and credit shall be given in each of these states to the
records, acts and judicial proceedings of the courts and magistrates
of every other state.
Article 5. For the more convenient management of the general interests
of the United States, delegates shall be annually appointed in such
manner as the legislature of each state shall direct, to meet in
congress on the first Monday in November, in every year, with a power
reserved to each state to recal its delegates or any of them, at any
time within the year, and to send others in their stead, for the
remainder of the year.
No state shall be represented in congress by less than two nor by more
than seven members; and no person shall be capable of being a delegate
for more than three years in any term of six years; nor shall any,
person being a delegate, be capable of holding any office under the
United States, for which he or any other for his benefit, receives any
salary, fees or emolument of any kind.
Each state shall maintain its own delegates in any meeting of the
states, and while they act as members of the committee of the states.
In determining questions in the United States in congress assembled,
each state shall have one vote.
Freedom of speech and debate in congress shall not be impeached or
questioned in any court or place out of congress; and the members of
congress shall be protected in their persons from arrests and
imprisonments, during the time of their going to and from and
attendance on congress, except for treason, felony or breach of the
peace.
Article 6. No state, without the consent of the United States in
congress assembled, shall send any embassy to, or receive any embassy
from, or enter into any conference, agreement, alliance or treaty with
any king, prince or state; nor shall any person holding any office of
profit or trust under the United States, or any of them, accept of any
present, emolument, office or title of any kind whatever from any
king, prince or foreign state; nor shall the United States in congress
assembled, or any of them, grant any title of nobility.
No two or more states shall enter into any treaty, confederation or
alliance whatever between them, without the consent of the United
States in congress assembled, specifying accurately the purposes for
which the same is to be entered into, and how long it shall continue.
No state shall lay any imposts or duties, which may interfere with any
stipulations in treaties entered into by the United States in congress
assembled with any king, prince or state, in pursuance of any treaties
already proposed by congress to the courts of France and Spain.
No vessels of war shall be kept up in time of peace by any state,
except such number only, as shall be deemed necessary by the United
States in congress assembled for the defence of such state or its
trade: nor shall any body of forces be kept up by any state, in time
of peace, except such number only as, in the judgment of the United
States in congress assembled, shall be deemed, requisite to garrison
the forts necessary for the defence of such state; but every state
shall always keep up a well regulated, and disciplined militia,
sufficiently armed and accoutred, and shall provide and have
constantly ready for use, in public stores, a due number of
field-pieces and tents, and a proper quantity of arms, ammunition and
camp equipage.
No state shall engage in any war without the consent of the United
States in congress assembled, unless such state be actually invaded by
enemies, or shall have certain advice of a resolution being formed by
some nation of Indians to invade such state, and the danger is so
imminent as not to admit of a delay till the United States in congress
assembled can be consulted; nor shall any state grant commissions to
any ships or vessel of war, nor letters of marque or reprisal, except
it be after a declaration of war by the United States in congress
assembled, and then only against the kingdom or state and the subjects
thereof against which war has been so declared, and under such
regulations as shall be established by the United States in congress
assembled, unless such state be invested by pirates, in which case
vessels of war may be fitted out for that occasion and kept so long as
the danger shall continue, or until the United States in congress
assembled shall determine otherwise.
Article 7. When land forces are raised by any state for the common
defence, all officers of or under the rank of colonel shall be
appointed by the legislature of each state respectively by whom such
forces shall be raised, or in such manner as such state shall direct;
and all vacancies shall be filled up by the state which first made the
appointment.
Article 8. All charges of war and all other expences that shall be
incurred for the common defence or general welfare, and allowed by the
United States in congress assembled, shall be defrayed out of a common
treasury, which shall be supplied by the several states in proportion
to the value of all land within each state, granted to or surveyed for
any person, as such land and the buildings and improvements thereon
shall be estimated, according to such mode as the United States in
congress assembled shall from time to time direct and appoint.
The taxes for paying that proportion shall be laid and levied by the
authority and direction of the legislatures of the several states
within the time agreed upon by the United States in congress
assembled.
Article 9. The United States in congress assembled shall have the sole
and exclusive right and power of determining on peace and war, except
in the cases mentioned in the sixth article—of sending and receiving
ambassadors—entering into treaties and alliances, provided that no
treaty of commerce shall be made, whereby the legislative power of the
respective states shall be restrained from imposing such imposts 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 whatsoever—of establishing rules for deciding in all
cases, what captures on land or water shall be legal, and in what
manner prizes taken by land or naval forces in the service of the
United States, shall be divided or appropriated—of granting letters of
marque and reprisal in time of peace—appointing courts for the trial
of piracies and felonies committed on the high seas, and establishing
courts for receiving and determining finally appeals in all cases of
captures, provided that no member of congress shall be appointed judge
of any of the said courts.
The United States in congress assembled shall also be the last resort
on appeal in all disputes and defferences now subsisting or that
hereafter may arise between two or more states concerning boundary
jurisdiction, or any other cause whatever; which authority shall
always be exercised in the manner following whenever the legislative
or executive authority or lawful agent of any state in controversy
with another shall present a petition to congress, stating the matter
in question and praying for a hearing, notice thereof shall be given
by order of congress to the legislative or executive authority of the
other state in controversy, and a day assigned for the appearance of
the parties by their lawful agents, who shall then be directed to
appoint by joint consent commissioners or judges to constitute a court
for hearing and determining the matter in question; but if they cannot
agree, congress shall name three persons out of each of the United
States, and from the list of such persons each party shall alternately
strike out one, the petitioners beginning, until the number shall be
reduced to thirteen; and from that number not less than seven nor more
than nine names, as congress shall direct, shall in the presence of
congress be drawn out by lot; and the persons whose names shall be so
drawn, or any five of them, shall be commissioners or judges to hear
and finally determine the controversy, so always as a major part of
the judges, who shall hear the cause, shall agree in the
determination; and if either party shall neglect to attend at the day
appointed, without showing reasons which congress shall judge
sufficient, or being present shall refuse to strike, the congress
shall proceed to nominate three persons out of each state, and the
secretary of congress shall strike in behalf of such party absent or
refusing; and the judgment and sentance of the court to be appointed,
in the manner before prescribed, shall be final and conclusive; and if
any of the parties shall refuse to submit to the authority of such
court, or to appear or defend their claim or cause, the court shall
nevertheless proceed to pronounce sentence or judgment, which shall in
like manner be final and decisive, the judgment or sentence and other
proceedings being in either case transmitted so congress, and lodged
among the acts of congress for the security of the parties concerned:
provided, that every commissioner, before he sits in judgment, shall
take an oath to be administered by one of the judges of the supreme or
superior court of the state, where the cause shall be tried, “well and
truly to hear and determine the matter in question, according to the
best of his judgment, without favor, affection, or hope of reward;”
provided also, that no state shall be deprived of territory for the
benefit of the United States.
All controversies concerning the private right of soil claimed under
different grants of two or more states, whose jurisdictions as they
may respect such lands and the states which passed such grants and
adjusted, the said grants or either of them being at the same time
claimed to have originated antecedent to such settlement of
jurisdiction, shall on the petition of either party to the congress of
the United States, be finally determined, as near as may be in the
same manner as is before prescribed for deciding disputes respecting
territorial jurisdiction between different states.
The United States in congress assembled shall have the sole and
exclusive right and power of regulating the alloy and value of coin
struck by their own authority, or by that of the respective
states—fixing the standard of weights and measures throughout the
United States—regulating the trade and managing all affairs with the
Indians not members of any of the states; provided that the
legislative right of any state within its own limits be not infringed
or violated—establishing and regulating post offices from one state to
another throughout all the United States, and exacting such postage on
the papers passing through the same as may be requisite to defray the
expences of the said office—appointing all officers of the land forces
in the service of the United States, excepting regimental
officers—appointing all the officers of the naval forces, and
commissioning all officers whatever in the service of the United
States—making rules for the government and regulation of the said land
and naval forces, and directing their operations.
The United States in congress assembled, shall have authority 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, and to appoint such other committees and
civil officers as may be necessary for managing the general affairs of
the United States under their direction—to appoint one of their number
to preside, provided that no person be allowed to serve in the office
of president more than one year in any term of three years—to
ascertain the necessary sums of money to be raised for the service of
the United States, and to appropriate and apply the same for defraying
the public expences—to borrow money or emit bills on the credit of the
United States, transmitting every half year to the respective states
an account of the sums of money so borrowed or emitted—to build and
equip a navy—to agree upon the number of land forces—and to make
requisitions from each state for its quota, in proportion to the
number of white inhabitants in such state; which requisitions shall be
binding, and thereupon the legislature of each state shall appoint the
regimental officers, raise the men, and clothe, arm and equip them in
a soldierlike manner, at the expence of the United States; and the
officers and men so clothed, armed and equipped, shall march to the
place appointed, and within the time agreed on by the United States in
congress assembled; but if the United States in congress assembled,
shall on consideration of circumstances, judge proper that any state
should not raise men, or should raise a smaller number than its quota,
and that any other state should raise a greater number of men than the
quota thereof, such extra number shall be raised, officered, clothed,
armed and equipped in the same manner as the quota of such state,
unless the legislature of such state shall judge that such extra
number cannot be safely spared out of the same, in which case they
shall raise, officer, clothe, arm and equip as many of such extra
number as they judge can be safely spared. And the officers and men so
clothed, armed and equipped, shall march to the place appointed and
within the time agreed on by the United States in congress assembled.
The United States in congress assembled, shall never engage in a war
nor grant letters of marque and reprisal in time of peace, nor enter
into any treaties or alliances, nor coin money, nor regulate the value
thereof, nor ascertain the sums and expences necessary for the defence
and welfare of the United States, or any of them, nor emit bills, nor
borrow money on the credit of the United States, nor appropriate money
nor agree upon the number of vessels of war to be built or purchased,
or the number of land or sea forces to be raised, nor appoint a
commander in chief of the army or navy, unless nine states assent to
the same; nor shall a question on any other point, except for
adjourning from day to day, be determined unless by the votes of a
majority of the United States, in congress assembled.
The congress of the United States shall have power to adjourn to any
time within the year, and to any place within the United States, so
that no period of adjournment be for a longer duration than the space
of six months, and shall publish the journal of their proceedings
monthly, except such parts thereof relating to treaties, alliances or
military operations, as in their judgment require secrecy; and the
yeas and nays of the delegates of each state on any question, shall be
entered on the journal, when it is desired by any delegate; and the
delegates of a state, or any of them, at his or their request, shall
be furnished with a transcript of the said journal, except such parts
as are above excepted, to lay before the legislatures of the several
states.
Article 10. The committee of the states, or any nine of them, shall be
authorised to execute, in the recess of congress, such of the powers
of congress as the United States in congress assembled, by the consent
of nine states, shall from time to time think expedient to vest them
with; provided that no power be delegated to the said committee, for
the exercise of which, by the articles of confederation, the voice of
nine states in the congress of the United States assembled, is
requisite.
Article 11. Canada acceding to this confederation, and joining in the
measures of the United States, shall be admitted into, and entitled to
all the advantages of this union; but no other colony shall be
admitted into the same, unless such admission be agreed to by nine
states.
Article 12. All bills of credit emitted, monies borrowed, and debts
contracted by or under the authority of congress, before the
assembling of the United States, in pursuance of the present
confederation, shall be deemed and considered as a charge against the
United States, for payment and satisfaction whereof the said United
States and the public faith, are hereby solemnly pledged.
Article 13. Every state shall abide by the determinations of the
United States in congress assembled, on all questions which by this
confederation are submitted to them. And the articles of this
confederation shall be inviolably observed by every state, and the
union shall be perpetual; nor shall any alteration at any time
hereafter be made in any of them; unless such alteration be agreed to
in a congress of the United States, and be afterwards confirmed by the
legislatures of every state.
These articles have been forwarded to the legislatures of all the United
States, to be considered; and if approved of by them, the said
legislatures are advised to authorise their delegates to ratify the same
in the congress, that so they may become conclusive. They have been
accompanied with a circular letter, recommending them to the immediate
dispassionate attention of the legislatures; and urging them to hasten
the conclusion of the plan for confederation. They will be supported in
this state by the influence of Mr. Samuel Adams and Mr. John Adams, who
obtained leave of absence to visit their families a week before the
finished copy was agreed to by congress. These two gentlemen stand in
the relation of second cousins to each other.
The same day the copy was agreed to, a committee was appointed to
collect and digest some late discoveries for making molasses and spirits
from the juice of Indian corn-stalks, and to report a plan for
communicating such discoveries to the inhabitants of the several states.
The scarcity and dearness of molasses and spirits, and the difficulty of
procuring a supply from the West-Indies, have induced some ingenuous
enterprising minds to grind the Indian corn-stalks, while in a certain
state of verdure, and to obtain from the juice, by boiling it, a kind of
molasses. Several have followed the example; and the expectation of the
public in many places is raised; but the quantity of molasses produced
is too small, and the quantity too poor, to answer expences and to
supply the demands of the market, so that this mode of obtaining it will
soon cease.
[Nov. 20.] It was reported by a committee, “That an inroad has been made
on the western frontiers of Virginia and Pennsylvania by some savage
tribes of Indians, wherein a number of helpless people have been cruelly
massacred, and the peaceable inhabitants driven from their homes, and
reduced to great distress: and that, from a number of papers stiled
proclamations, under the hand and seal of Henry Hamilton, lieut. gov. of
Fort Detroit, as well as from other information and circumstances, it
appears that these savages have been instigated by British agents and
emissaries, and particularly by the said H. Hamilton to this barbarous
and murderous war.”
Congress having received information, that the enemies of the United
States endeavored to propagate in Europe groundless reports, that a
treaty had been held between congress and the commissioners of the king
of Great-Britain, by which it was probable that a reconciliation would
take place, resolved, “That the commissioners, of the said United
States, at the several courts in Europe, be authorised to represent to
the courts at which they respectively reside, that no treaty whatever
has been held between the king of Great-Britain, or any of his
commissioners and the said United States, since their declaration of
independence. They also resolved, “That all proposals of a treaty
between the king of Great-Britain, or any of his commissioners, and the
United States of America, inconsistent with the independence of the said
states, or with such treaties or alliances as may be formed under their
authority, will be rejected by congress.” The communication however of
this last resolve, was to be suspended until upon a general consultation
of the commissioners a majority should judge it necessary. Congress
(plunged into difficulties through an excess of paper currency, which
they are continually increasing by new emissions) have been and are
attempting remedies that can never answer. Some are of that nature as
necessarily to produce baneful consequences, and yet are persisted in
after trial; of this kind is the regulating and ascertaining the price
of labor, manufactures, internal produce, and commodities imported from
foreign parts. It has been recommended to all the states to appoint
commissioners to convene, some in one place on the fifteenth of January,
some in another on the fifteenth of February, for the regulating of
prices; and after that, to enact suitable laws to enforce the observance
of such regulations. They have also resolved, “That it be earnestly
recommended to the several states, as soon as may be, to confiscate and
make sale of all the real or personal estates therein of such of their
inhabitants and other persons who have forfeited the same, and the right
to the protection of their respective states; and to invest the money
arising from the sales in continental loan office certificates, to be
appropriated in such manner as the respective states shall hereafter
direct.” This resolve will encourage the states to make sale of the
estates alluded to, but will not bind them to the disposal of the
purchase-money in the manner proposed. Artful individuals will avail
themselves of it for their own emolument, but it will be of little or no
benefit to the public at large.
[Dec. 8.] Mr. Silas Deane has been mentioned in a former letter.
Congress came to a final resolution respecting his recal, in these
words——“Whereas it is of the greatest importance, that congress should
at this critical conjuncture, be well informed of the state of affairs
in Europe; and whereas congress have resolved, that the honorable Silas
Deane, esq. be recalled from the court of France, and have appointed
another commissioner to supply his place there: Ordered, That the
committee for foreign affairs write to the honorable Silas Deane, esq.
and direct him to embrace the first opportunity of returning to America,
and upon his arrival to repair with all possible dispatch to congress.”
The explanation of this business will be best conveyed in the language
of one of the committee—“Mr. Deane not being recalled upon a motion made
at the time of our disavowal of Du Coudray’s treaty, a new motion was
made by one of the committee on September the 8th.—On that day, “The
congress took into consideration the report of the committee on foreign
applications, wherein they set fourth, That besides a number of officers
who are come from Europe and the West-Indies of their own accord to
solicit for rank and employment in the American army there are others
who have proceeded upon the encouragement of conventions made and signed
at Paris by Silas Deane, esq. as agent for the United States of
North-America:—That Mr. Deane had no authority to make such
conventions;—and That congress therefore are not bound to ratify or
fulfil them.” This referred to a new list of major generals, brigadiers,
colonels, &c. who were ready to relinquish all the parts of their
agreement except rank; but said the committee, “The American army having
been arranged before the arrival of these gentlemen in America there
expectations cannot be complied with, without deranging it, and thereby
injuring at so critical a juncture the American cause.” The report was
agreed to, and the mation made—“Whereas Silas Deane, esq. _when agent
under the committee of secret correspondence_, entered into conventions
with several foreign officers, which congress have declared themselves
not bound to ratify, and which in the present situation of affairs they
could not comply with, without deranging the army, and thereby injuring
at this critical juncture the American cause: And whereas the credit,
reputation and usefulness of Silas Deane, esq. now one of the American
commissioners in France, will be greatly impaired by the consequences of
his indiscretion in having entered into such conventions, his recal
becomes necessary for the interest of these United States—therefore
resolved, That Silas Deane, esq. now one of the American commissioners
in France be forthwith recalled, and that from the day of has receiving
this resolve, all and every power with which he hath been vested by
congress, do case and determine, and that he take the earliest
opportunity to embark for North-America, and repair to congress.” The
person who read this in his place was, upon being seconded, entreated to
withdraw it, in which he acquiesced, upon a general avowal of the
necessity of recalling Mr. Deane in some milder way.—On Nov. 21,
partiality and tenderness struck away all preamble, and a naked resove
passed, “That Silas Deane, esq. be recalled from the court of France,
and that the committee for foreign affairs be directed to take proper
measures for speedily communicating the pleasure of congress herein to
Deane and the other commissioners of the United States at the court of
France;—That Monday next be assigned for the choosing a commissioner to
the court of France, in place of Silas Deane, esq.” On the 28th, Mr.
John Adams was chosen. No time being limited for Mr. Deane’s return, the
larded resolve of December the 8th was made. Had a proper dignity been
maintained on the 8th of September, the recal would not have been a
seeming mystery, or rather a compliment. Though the chairman of the
committee for foreign applications was the mover of the proper resolves,
yet he finally gave into the over-tenderness of the house, when he acted
for foreign affairs in his letter of December the 8th, and in his
private letter to Dr. Franklin.
Congress resolved, “That the commissioners at the courts of France and
Spain be directed to exert their utmost endeavours to obtain a loan of
two millions sterling, on the faith of the Thirteen United States.” They
also received accounts from gen. Gates relative to the retreat of the
British from Tyconderoga and Mount Independence. By letters of gen.
Conway’s writing to particular members, they were led into a resolution,
“That an appointment be made of inspectors general agreeable to the
practice of the best disciplined European armies:” and from thence to
elect him an inspector general, and a major general. This pomotion,
which took place the thirteenth of December, occasioned much uneasiness
among the officers; and they requested gen. Washington not to publish it
till they had met, and made a proper representation of their grievances.
Conway thought himself entitled to a superiority over them, from his
having served more than thirty years; and before some of the brigadiers
were born, and from the number of men he had commanded for many years in
an old army. But these reasons did not reconcile them to his being put
over their heads. They might be the more disgusted from his declaring
that no two regiments manœuvred alike, and that there were hardly two
officers in each regiment able to command the manœuvres. On the 3d of
January, the brigadiers sent a remonstrance against his appointment. The
objections against him were that he was, intriguing at congress in
concert with generals Gates and Mifflin, in order to remove gen.
Washington—that he gave himself at congress the merit of the German-town
affair—that his powers of inspector general tended to diminish the power
of gen. Washington—and that, in a paragraph of a letter, he reflected
severely upon the commander in chief and his councellors. Such is the
prevailing dislike to him, that he will be of little service in future.
The uneasiness which his promotion produced, did not escape his notice,
but has led him to renew a former proposal of returning to France.
[Dec. 20.] In order to obtain a supply of clothing for the army, the
congress resolved to recommend to the respective legislatures the
enacting of laws, appointing persons to seize, for the use of the
continental army, all necessary articles of clothing, which may be in
the possession of any persons inhabitants of or residents within their
respective states, for the purpose of sale; and that the value of such
goods be ascertained at the rate which the said articles shall be stated
at by the convention of the committees agreeable to the late
recommendation. A memorial from lieut. col. Barton, who took gen.
Prescot prisoner, was read in congress, on which they resolved, [Dec.
24.] “That on account of his enterprising spirit, and merit in taking
the general, he be promoted to the rank and pay of a colonel in the
service of the United States, and that he be recommended to gen.
Washington, to be employed in such services as he may deem most adapted
to his genius.” In testimony of their approbation of the patience,
fidelity and zeal of the officers and soldiers under the immediate
command of gen. Washington, they directed, six days after, that one
month’s extraordinary pay should be given to each; which was no more
than justice, considering what they had suffered. The next, being the
last day of the year, they had under consideration, the information sent
them from Boston by Mr. Samuel Otis, their deputy-clothier-general in
the Massachusetts acquainting them, that he had contracted with sundry
persons for a large quantity of clothing at the rate of ten to eighteen
hundred per cent. and that some of the holders of the said goods refuse
to deliver them untill they should receive the cash. Upon this they
resolved, “That Mr. Otis be directed to pay only for such of the said
clothing as he may have actually received, at the rate for which he may
have contracted for such clothing: and That it be most earnestly
recommended to the legislative authority of the state of
Massachusetts-Bay immediately to take and seize the residue of the
clothing, which the holders thereof have refused to deliver to the said
Samuel Otis, agreeable to the resolutions of the congress of the 20th
inst. which clothing shall be paid for in manner, and at the rate
mentioned therein, and not otherwise.” A letter was written to the
president of the council upon the occasion, in which they failed not to
attempt exciting resentment against the proprietors of the goods for the
crime of extortion, and the greater one of refusing to deliver the goods
upon the credit of the Thirteen United States. “This irrefragable
evidence of the depravity of morals in so many of the citizens of these
states, is a most alarming circumstance,” say they, “and if the several
governments do not speedily exert their authority effectually to
suppress such unheard of extortion, it will unquestionably issue, and at
no very distant period, in the destruction of the liberties of this
continent. Shall we then tamely see ourselve compelled by the wicked
conduct of some of the citizens of these states, to the cruel necessity
of submitting to the mercy of an enraged tyrant?” The president was
desired to lay the resolutions before the general assembly, who were
requested to keep them and their proceedings thereon secret, till
carried into execution. The general court instead of interfering, has
prudently left the business to take its own course. Those traders, who
want to go to market again and make fresh purchases, cannot sell upon
the credit of even the Thirteen United States. The encreasing
depreciation of the currency is another reason against it. The paper
emission is now more than three hundred per cent. for hard money, and by
the end of April will probably be four for one; so that when this, the
risks of the sea, the scarcity of the commodity, the few returns that
can be made, the advance of expences through the rise of provision,
labor, &c. and other circumstances are taken into consideration, the
rate of from ten to eighteen hundred per cent. has far more the
appearance than the reality of extortion.
The convention and convention troops demand our next attention.
While upon their march to the neighborhood of Boston, the British
behaved with such insolence as confirmed the country in their
determination never to submit; for the people said, “If they are thus
insolent now they are prisoners, what would they be were they our
masters? The Germans stole and robbed the houses, as they came along of
clothing and every thing on which they could lay their hands, to a large
amount. When at Worcester, indeed they themselves were robbed, though in
another way. One Dawes, the issuing commissary, upon the first company’s
coming to draw their rations, balanced the scales by putting into that
which contained the weight, a large stone; when that company was gone
(unobserved by the Germans, but not by all present) the stone was taken
away before the next came, and all the other companies except the first
had short allowance. The troops having finished their march were
quartered in the barracks near Cambridge. It was with difficulty gen.
Glover could procure quarters for the generals Burgoyne, Reidesel, and
Philips, in the town itself. The inhabitants were totally averse to
accommodating them. They could not forget the burning of Charlestown. A
remonstrance was soon presented to Burgoyne by the officers,
complaining, that instead of being conveniently lodged, according to
their different ranks, agreeable to the convention, they were put into
barracks made of single boards, five, six and seven in a room, without
any distinction of rank. Unfortunately for them, there was upon the
committee appointed by the general court to the business of quartering
them, one John Taylor, who, though of the council, was of a base spirit,
and had raised himself by it to the possession of considerable property
and influence. He disgraced religion by making a great profession. The
last however, gave him much weight with well-meaning men who had only a
superficial acquaintance with him. This person could put up with any
lodging; and thought that what would do for him, might do for British
prisoners, though officers. Thus it happened that they were no better
accommodated. They had reason to complain; but the treatment which gen.
Burgoyne personally met with, was pleasing. He went to Boston and dined
at gen. Heath’s, who commands in this department. He observed with great
satisfaction, the good behavior of the town’s people. There was no
rabble collected to insult him, either going or returning. He remarked,
when re-crossing the ferry to where Charlestown stood (when his eyes
surveyed with admiration its awful majestic conflagration) that he
should have met with very different treatment even in London.
Suspicions began to be entertained lest the general had some sinister
design of conveying the troops to New-York or elsewhere when they could
be embarked, instead of sailing with them to Great-Britain; and the
public wished to have some pretence for detaining them. It was hinted to
congress, that should Sir W. Howe continue obstinately to refuse
settling an equitable cartel for the exchange of prisoners, they would
be justified in ordering the fulfilling of the convention of Saratoga to
be delayed, until the United States received justice in that particular.
Congress soon ordered a committee to consider a return of ordnance and
stores taken from the enemy, which was enclosed in a letter of the 10th
of November, accompanying that hint. Upon the report of the committee,
on the 22d, the president was directed immediately to send an express to
gen. Gates, desiring answers of several questions. On December the
third, the general wrote from Albany to the president—“I had the honor
to receive your excellency’s letter of the twenty-third ult. by Mr.
Pierce, and immediately proceeded to dispatch to the congress the
required answers. Respecting the standards, gen. Burgoyne declared upon
his honor, that the colours of the regiments were left in Canada. As to
the military chest, its contents might be so easily disposed of, that to
have sought for it would have been ineffectual. The British army, all
last war, left the paymaster-general and the military chest in some
secure town, and warrants were granted upon the paymaster-general there.
From the best accounts the enemy’s army had been lately cleared off; so
that it is not probable there was any military chest. The medicines were
left with the general hospital, which gen. Burgoyne left behind him at
Freeman’s farm. Many of the cartouch-boxes were left, and some were
carried away. The mentioning of the accoutrements was forgotten in the
convention. Those that have been carried off have been sold upon the
road to Boston for drams. The quantity of field ammunition and musket
cartridges taken, are by no means inconsiderable. The rest was used and
destroyed before the treaty commenced. The muskets will ever be less in
number than the prisoners, as the drummers and staff officers do not
carry firelocks. Many arms were lost in the two hundred batteaux that
were taken from the enemy in their retreat from Freeman’s farm, and many
others were plundered by the militia on the east side of the river. The
bayonets were also pilfered by our own people. The very guards
themselves supplied their wants from the piles. Many of the scabbards
for the bayonets were disposed of in the like manner. I believe there
was no destruction of military stores after the convention, by or with
the privity of general Burgoyne or his officers. It is so extraordinary
for a British army to surrender their arms, that we ought not to wonder
at the violent and disappointed for commiting some irregularities; but I
do not conceive that any thing of sufficient consequence was done, to
justify our charge of their having violated the convention. On the day
general Burgoyne surrendered, I received repeated expresses to inform
me, that the enemy’s fleet had advanced up to within a few hours sailing
of Albany. The removal of the army was therefore immediately necessary,
to cover that city and secure our magazines. My principal attention was
of course directed towards that object. Generals Glover and Whipple gave
me their assistance and entire approbation in the settlement of the
convention. When things of such importance must be done in a hurry, some
articles of seeming importance never fail to be omitted. The arms were
piled up agreeable to the letter of the convention, and their condition
as good as can be expected upon such occasions. Their being wholly unfit
for service, is partly owing to the land and water carriages, but
chiefly to the want of proper packages to secure them. Our own men have
changed them; but here I think we should not imprudently expose the
infant state of our military discipline.
General Burgoyne was desirous of altering the place for the embarkation
of the convention troops from the port of Boston to that of Rhode-Island
or the Sound, contiguous to New-York, which as well as Rhode-Island was
possessed by the British. He wrote to gen. Washington upon the subject
on the 25th of November. The American commander forwarded the letter to
congress. They, on the day it was received, the 17th of December,
resolved, “That gen. Washington be directed to inform gen. Burgoyne,
that congress will not receive, nor consider any proposition for
indulgence or altering the terms of the convention of Saratoga, unless
immediately directed to their own body.” The next day they received gen.
Gates’s letter of December the 3d, enclosing a letter to him from gen.
Burgoyne, of November the 14th, wherein he declared, that the public
faith, plighted in the convention of Saratoga, was broken on the part of
the United States, inasmuch as the officers included in the convention,
had not, since their arrival in Massachusetts-Bay, been accommodated
with quarters agreeable to their respective ranks. Congress had now
obtained what they wanted, a plea for detaining the convention troops.
Some of the members, not attending sufficiently to dates and
circumstances, imagined that Burgoyne expected to have sailed before his
letter of the 14th could have reached congress time enough for them to
have detained him; but it was scarce possible that such an expectation
could have existed, when he did not write to general Washington on the
subject of changing the place of embarkation before the 25th, and could
not, till permission was received, possibly embark at Rhode-Island, to
which port the transports were sent, and of whose arrival he was
informed by letter of December the fifth. The coming from New-York
through the Sound, to Rhode-Island, was so much more convenient and less
hazardous than going round by Long-Island and Cape-Cod to Boston,
especially at such a season, that the application for changing the place
of embarkation was natural.
[Jan. 2, 1778.] Congress resolved, “That the charge made by gen.
Burgoyne, of a breach of public faith on the part of these states, is
not warranted by the just construction of any article of the convention
of Saratoga; that it is a strong indication of his intention, and
affords just grounds of fear that he will avail himself of such
pretended breach of the convention, in order to disengage himself and
the army under him, of the obligations they are under to these United
States; and that the security which these states have had in his
personal honor, is hereby destroyed.” The next day they resolved
therefore—“That the embarkation of gen. Burgoyne and the troops under
his command, be suspended till a distinct and explicit ratification of
the convention of Saratoga shall be properly notified by the court of
Great-Britain.” It was then ordered, “That the resolutions, and the
report on which the same are grounded, be recommitted.”
[Jan 8.] They took into consideration afresh, the report of the
committee, which says, that the cartouch-boxes, &c. agreeable to the
spirit of the convention and the technical interpretation of the word
_arms_, ought to have been delivered up. It considers Burgoyne’s refusal
to give the descriptive lists, which congress had directed to be taken,
in an alarming point of view, more especially as nine days previous to
the refusal, he had in his letter to Gates declared, that the public
faith was broken. It insists upon this charge as a breach of faith,
being a deliberate act of judgment, and so of a most serious nature,
pregnant with alarming consequences. It attempts to invalidate the
charge, and asserts, that by an examination of the articles it will
appear, that the stipulation for quartering the officers was not to be
construed in that rigorous sense in which Burgoyne affects to consider
it, but on the contrary was “agreed to as far as circumstances would
admit.” This assertion reduces the stipulation to a mere non-entity, if
it is left with the stipulating party wholly to judge of these
circumstances. The committee who made the report mentioned, but forbore
“to lay any stress on the seemingly inadequate number of vessels (being
only twenty-six transports) for an army consisting of 5642 men, in a
winter’s voyage to Europe; or on the improbability of the enemy’s being
able, on so short a notice, to victual such a fleet and army for a
voyage of such length.” It is happy that they did not lay any stress
upon it, as it would have manifested how much they were biassed by an
eagerness to vindicate the measures they were desirous of adopting. The
committee was a committee of the whole. Twenty-six transports, of 250
ton each, would carry 6500 men, allowing a ton for every man. In winter
time they could safely stow more close than in warmer weather. The
voyage, though long, in going from America to Europe, is performed
generally much sooner in that than any other season, by reason of the
prevalency of the north-west winds; so that less provision is required
for the passage.
The former resolves were passed the second time, but not till congress
had resolved, “that as many of the cartouch-boxes and several other
articles of military accoutrements, annexed to the persons of the
non-commissioned officers and soldiers, included in the convention of
Saratoga, have not been delivered up, the convention, on the part of the
British army, has not been strictly complied with—that the refusal of
general Burgoyne to give descriptive lists of the non-commissioned
officers and privates belonging to his army, subsequent to his
declaration that the public faith was broke, is considered by congress
in an alarming point of view; since a compliance could only have been
prejudicial to that army in case of an infraction of the convention on
their part.” It was in vain that the general explained the intention and
construction of the passage objected to in his letter: or that his
officers, in order to remove the difficulty occasioned by it,
respectively signed their parole. He even pledged himself, that his
officers would still join with him in signing any instrument that might
be thought necessary for confirming or renewing the validity of the
convention: but it was to no purpose. Congress have been unalterable;
and the detention of the troops is now settled.
On the ninth of January, the Massachusetts general court permitted Dr.
Benjamin Church, whose treachery had subjected him to a long
confinement, to take passage on board a brigantine bound to
Martinico.[82]
The American privateers and continental shipping have taken a large
number of vessels belonging to Great-Britain, and sent them into their
own harbors. They have undoubtedly taken many others upon the European
coasts, that we have not heard of. We have had accounts of several; and
that the coasts of Great-Britain and Ireland have been insulted by them,
in a manner never before ventured upon by your hardiest enemies; so as
to produce the appointment of a convoy (for the first time ever known)
to protect the linen ships from Dublin and Newry.—We learn also that the
General Mifflin privateer, after making repeated captures arrived at
Brest, and saluted the French admiral, who returned the salute in form,
as to the vessel of a sovereign independent state. We are likewise told,
that though lord Stormont, on his threatening to return immediately to
Great-Britain, unless satisfaction was given, obtained an order
requiring not only all American privateers, but their prizes, to leave
the French ports, the same is evaded. However, his majesty’s vessels on
the American station have not been idle; for they have captured very
considerable on these coasts and the West-Indies. Their captures indeed,
are generally not of much value singly, yet they have furnished at times
some rich prizes, and in the aggregate have been of great amount. But
the balance of property will most certainly be in favor of the
Americans. The continental frigate Hancock, of thirty-two guns, mostly
twelve-pounders, commanded by capt. Manly, was taken on the 8th of July,
by Sir George Collier, of his majesty’s ship the Rainbow.
Sir George, in company with the Victor brig, discovered three sail in
the morning of the sixth. He chased with all the sail he could crowd:
but observing the next day that they steered different courses, about
two in the afternoon he tacked after the Hancock, which appeared the
largest ship. She seemed at first rather to outsail the Rainbow; but
Manly endeavouring to make his ship sail better, started all his water
forward, and so put her out of trim. At half past eight the next morning
Sir George hailed her, and let the men know, that if they expected
quarters, they must strike immediately. Manly endeavoured to avail
himself of a fesh breeze just springing up. Sir George therefore fired
into him, on which he struck after a chase of thirty-nine hours. He had
lately taken the Fox of twenty-eight guns on the banks of Newfoundland;
which was one of the three sail, and being discovered by the Flora on
the seventh was chased till retaken. The third was the Boston
continental frigate of thirty guns, commanded by capt. M’Neal, which
escaped. The public are not satisfied with the conduct of the latter,
imagining that if he had not left his consort, and that if both had
behaved well, neither would have been captured. The Hancock’s compliment
was 290 men, near as many as the Rainbow’s.
On the first of December, the ship Flamand, capt. Landais, arrived at
Portsmouth, from Marseilles. Mr. John Baptiste Lazarus Thevaneau de
Francey is come supercargo and agent for the house of Roderique Hortales
and company, alias Mr. Pierre Augustin Coron de Beaumarchais. The ship
has brought 48 pieces of brass cannon, four-pounders, with carriages
complete—19 nine inch mortars—250 bombs, nine inches—2,000 four-pound
balls—a quantity of intrenching tools—3000 fusees—1110 of another
quality for dragoons—about 18,000 pounds of gun-powder—and 61,051 of
brimstone.
The continent is looking out for important news from France.