Volume 2 — THE RISE, PROGRESS, AND CONCLUSION OF THE NORTH AMERICAN REVOLUTION. (continued 8)

Gates after a victory acknowledged in general orders a Providence, but did not presume upon it, so as to neglect the dictates of human prudence. That he might secure all the advantages of the successful action on the 7th, he applied to the New-Hampshire assembly for more troops. The speaker, John Langdon, esq. upon receiving the application, immediately proposed that the assembly should adjourn, and that as many of the members as could, should set off directly as volunteers for the camp, taking with them all the men they could collect: which was agreed to and done by himself and others.

In the course of the above transactions, large quantities of baggage, provision, boats, &c. were taken by both the continentals and milita. The latter were extremely eager after plunder; and even robbed the former, as opportunity offered, of what they had secured, and made sale of it for their own advantage. The irregularities in this business were so gross, that the American commander, on the 12th, gave out in general orders—“The general sees so many scandalous and mean transactions, committed by persons who seek more after plunder than the honor of doing their duty in a becoming and soldier-like manner, that he is obliged to declare his unalterable resolution, to have the first person who shall hereafter be detected pillaging the baggage and stores taken from the enemy, tried and punished with the utmost severity of the military law. Officers, who know their duty and have virtue to practise it, will not be seeking plunder, when they ought to be doing their best service in the field; it is only the worthless and the pilfering that are so truly infamous. For the future, all plunder taken from the enemy is to be delivered to lieut. col. Hay, deputy-quarter-master general who is to give a receipt for the same, and after three days public notice in general orders, it shall be sold by auction in the most central place in the rear of the army and the money for which the plunder is sold, shall be properly and fairly divided, to such persons as in the impartial judgment of the general, have a right to receive a share: when there is a sum sufficient to divide among the non-commissioned officers and soldiers of the whole army, they may be assured of such having their just quota.”

263It is believed, that gen. Burgoyne when upon the point of retreating, said to major Skeen to this purport—“you have been the occasion of getting me into this difficulty, now advise me how to get out of it,”—referring to the advice the major gave in relation to the Bennington expedition; and that the major answered—“scatter your baggage, stores and every thing else that can be spared, at proper distances; and the militia will be so engaged in collecting and securing the same, that the troops will have an opportunity of getting clear off.” The major certainly knew the cast of the militia; and if military honor and other circumstances, had admitted of trying the proposed expedient, it might have succeded; for though gen. Gates had the continentals under good discipline, it would have been next to impossible for him to have prevented the militia’s being taken in by the hopes of immediate gain.

Burgoyne was at length reduced to the necessity of conforming in a degree to the expedient. The only measure that appeared practicable for the escape of the army, though difficult and dangerous, was by a night march to gain Fort Edward, the troops carrying their provisions on their backs. The impossibility of conveying, in their present situation, the artillery and carriages, was too evident to admit of a question. It was proposed to force the fords at or near the fort. But all hope of effecting this manœuvre soon failed. The Americans who had been ordered there, were too strongly posted. Beside, they made a discovery, which they greatly improved. Below the fort, close in with the river, they found the appearance of a grave, with an inscription on a board——Here lies the body of lieutenant ——. They were at a loss what it should mean.—On searching, they discovered three boats, instead of a body.—These the enemy had concealed. Having none of their own, they by the help of them sent scouting parties across the river, which by falling into a track a mile and a half beyond, discouraged the enemy’s parties from attempting an escape that way.—A continental captain, on furlough for his health being at hand and thoroughly acquainted with the woods, collected a number of men together, and went off six miles further, where he fell in with another track, just in time to prevent a large corps of Canadians and others getting off by the some. Perceiving them as they advanced, he concealed his men till they were near enough, and then gave them a volley, attended with yells, shouts, and other sounds, which put them into such confusion, that they fled back to Burgoyne’s camp, with the report that the woods are filled with thousands of Americans. The certain intelligence that was received, the flying reports that were 264spread, and the various circumstances that existed, rendered the state and situation of the royal army deplorably calamitous. They had been obliged for some days to lie continually upon their arms.

On the 13th, gen. Burgoyne finding that the troops had only three days provision in store, on short allowance, and no apparent means of retreat remaining, called into council all the generals, field-officers, and captains commanding corps. There was not a spot of ground in the whole camp for holding the council of war, but what was exposed to cannon or rifle shot. While the council was deliberating, an eighteen pound ball crossed the table. By the unanimous advice and concurrence of the council, the general was induced to open a treaty with gen. Gates. The first proposals of the latter were rejected, and the sixth article with disdain, wherein it was required that the British army should lay down their arms in the entrenchments. Burgoyne’s counter-proposals were unanimously approved; and being sent to Gates, were agreed to on the 5th, without any material alteration. The proposals not being signed by either party, and captain Campbell returning in the night of 16th to Burgoyne, with the news of the reduction of Fort Montgomery and other intelligence, the general submitted it to consideration, whether it was consistent with public faith, and if so, expedient to suspend the execution of the treaty, and trust to events. The opinion of different officers was asked, in regard to the condition of their respective corps, and what might be expected from them severally in desperate cases. Some entertained doubts of part of the troops, if the negociation ceased; and others of a greater part for want of bodily strength, if desperate enterprises were to be afterward undertaken. The majority of the council determined, that the public faith was bona fide plighted.^[76] Burgoyne, from the intelligence brought in the night by Campbell, entertained a slight hope of remote relief, and accordingly gave his voice against the majority; but the majority having determined differently, the concurrence for signing the treaty was unanimous.^[77] Gates, jealous lest the signing would be unnecessarily delayed, and fearful of the consequences which might follow, should gen. Vaughan, with his troops, come up in time to Burgoyne’s assistance, determined upon bringing the matter to an immediate issue. On the morning of the 17th, he got every thing in readiness for attacking the royal army. This done, he took out his watch, the time agreed upon for signing being come; sent col. Greaton, on horseback, to Burgoyne, with a 265message, requiring their general to sign; and allowed him no more than ten minutes to go and return. He was back in time. The treaty was signed: all hostile appearances ceased; and the Americans marched into their lines, to the tune of Yankee Doodle. They were kept there until the royal army had marched out of their lines, and deposited their arms at the place appointed by the treaty.

The delicacy with which this business was conducted, reflects the highest honor upon the American general. It intimated, that he was sensible of the mortification attending a reverse of fortune; and that he was unwilling to aggravate the painful feelings of the royal troops, by admitting the American soldiery to be eye-witnesses to the degrading spectacle of piling their arms. His humanity and politeness are the more praise-worthy, as some late, as well as former circumstances, had highly enraged the militia. The extraordinary and severe measures pursued upon the North-River by the British, and to be related below, might also have afforded too much colour for a different mode of conduct.

When the arms was deposited agreeable to treaty, the royal troops were served with bread by the Americans, as they had neither any left nor flour to make it. They had only one day’s salt meat remaining.

The treaty is stiled—A convention between lieutenant-general Burgoyne and major-general Gates. The articles follow:——1. The troops under lieut. gen. Burgoyne, to march out of their camp with the honors of war, and the artillery of the intrenchments to the verge of the river where the old fort stood, where the arms and artillery are to be left.—The arms to be piled by word of command from their own officers:—2. A free passage to be granted to the army under lieut. gen. Burgoyne to Great-Britain, upon condition of not serving again in North-America during the present contest; and the port of Boston to be assigned for the entry of transports, to receive the troops, whenever gen. Howe shall so order:—3. Should any cartel take place, by which the army under lieut. gen. Burgoyne, or any part of it, may be exchanged, the foregoing article to be void, as far as such exchange shall be made:—4. The army under lieut. gen. Burgoyne is to march to Massachusetts-Bay, by the easiest and most expeditious and convenient route; and to be quartered in, near, or as convenient as possible to Boston, that the march of the troops may not be delayed when transports arrive to receive them:—5. The troops to be supplied on the march, and during their being in quarters, with provisions, by major-general Gates’s orders, at the same rate of rations as the troops of his own army; 266and if possible, the officers horses and cattle are to be supplied with forage at the usual rates:—6. All officers, to retain their carriages, bat-horses, and other cattle, and no baggage to be molested or searched; lieut. gen. Burgoyne giving his honor, that there are no public stores contained therein. Major-gen. Gates will of course take the necessary measures for the due performance of this article: should any carriages be wanted during the march, for the transportation of officers baggage, they are, if possible, to be supplied by the country at the usual rates:—7. Upon the march, and during the time the army shall remain in quarters, in the Massachusetts-Bay, the officers are not, as far as circumstances will admit, to be separated from their men. The officers are to be quartered according to their rank, and are not to be hindred from assembling their men for roll-callings, and other necessary purposes of regularity:—8. All corps whatever of lieut. gen. Burgoyne’s army, whether composed of sailors, batteaux men, artificers, drivers, independent companies, and fowlers of the army, of whatever country, shall be included in the fullest sense and utmost extent of the above articles, and comprehended in every respect as British subjects:—9. All Canadians, and persons belonging to the Canadian establishment, consisting of sailors, batteaux-men, artificers, drivers, independent companies, and many other followers of the army, who come under no particular description, are to be permitted to return there: they are to be conducted immediately, by the shortest route to the first British post on Lake George, are to be supplied with provisions in the same manner as the other troops, and to be bound by the same condition of not serving during the present contest in North-America:—10. Passports to be immediately granted for three officers, not exceeding the rank of captains, who shall be appointed by lieut. gen. Burgoyne, to carry dispatches to Sir Wm. Howe, Sir Guy Carleton, and to Great-Britain by the way of New-York; and major-general Gates engages the public faith, that these dispatches shall not be opened. These officers are to set out immediately after receiving their dispatches, and are to travel by the shortest route, and in the most expeditious manner:—11. During the stay of the troops in the Massachusetts-Bay, the officers are to be admitted on parole, and are to be permitted to wear their side arms:—12. Should the army under lieut. gen. Burgoyne find it necessary to send for their clothing and other baggage from Canada, they are to be permitted to do it in the most convenient manner, and necessary passports to be granted for that purpose:—13. These articles are to be mutually signed and exchange to-morrow morning at nine o’clock; and the troops under lieut. gen. Burgoyne, 267are to march out of their entrenchments at three o’clock in the afternoon. Camp at Saratoga, October 16, 1777.

HORATIA GATES, Major General.

To prevent any doubts that might arise from lieut. gen. Burgoyne’s name not being mentioned in the above treaty, major-general Gates hereby declares, that he is understood to be comprehended in it as fully as if his name had been specifically mentioned.

HORATIA GATES.

Such was the impatience of some of the militia to return home before the royal army had been brought to surrender, and so little their concern to be spectators of the event, that one of the Northampton regiments went off the day before the flag came out from Burgoyne. Another regiment took itself away while the treaty was in agitation. But the fate of the army will confirm the truth of what its commander wrote to lord George Germain, “August the 20th, the great bulk of the country is undoubtedly with the congress in principle and zeal.” When after the convention the officers went into the American camp, they were surprised; and some of them said, that of all the camps they had ever seen in Germany or elsewhere, they never saw any better disposed and secured.

The return signed by gen. Burgoyne, of the foreigners at the time of the convention, amounted to 2412. The British consisted according to him of 10 officers present—145 commissioned—the staff 26—sergeants and drummers 297—rank and file 2901—in all 3379: this added to the Germans, makes 5791. The American account, to show what was the sum total of the royal army acting in the northern department against the country, goes on to reckon, the sick taken 928—the wounded 528—prisoners of war before the convention 400—deserters 300—lost at Bennington 1220—killed between the 17th November to the 18th of October 600—taken at Tyconderoga 413—killed in gen. Herkimer’s battle about 300—making in all 4689. According to this way of reckoning, the royal force was 10480. It was probably full 10000 strong, including Canadians and provincials and exclusive of Indians, drivers, suttlers, &c. Among the prisoners taken were six members of parliament.

The train of brass artillery was a fine acquisition; it consisted of 2 twenty-four pounders—4 twelves—20 sixes—6 threes—2 eight inch howitzers—5 five and a half royal ditto—and 3 five and a half inch royal mortars—in all, 42 pieces of ordnance.—There were 4647 muskets—6000 dozen of cartridges, beside shot, carcasses, cases, shells, &c.

268Burgoyne was desirous of a general return of the army commanded by Gates at the time of the convention. The latter understood him, and was careful not to lessen the return by suppressing a single man. The continentals, all ranks included, were 9093: the militia 4129, in all, 13222; but of the former, the sick on furlough were 2103; and of the latter, 562. The number of the militia was continually varying; and many of them were at a considerable distance from the camp.

We now enter upon the retaliation of the measures pursued by the British below Albany. You have been told what were the sentiments of gen. Putnam, on the 9th, as to their sailing up to within sixteen miles of the American camp, before removed from the neighborhood of Stillwater. Sir H. Clinton, however, instead of pushing up the river, intrusted the business to Sir James Wallace and gen. Vaughan. The latter had under him 3600 men. Sir James commanded a flying squadron of light frigates, accompanied with the necessary appendage of barges, batteaux and boats, for landing the troops, and all other movements. By the 13th they reached Kingston alias Æsopus, a fine village, as you would call it; but on this side the Atlantic, a good town. Upon Vaughan’s landing the troops, the Americans, being too weak to make resistance, abandoned their battery of three guns, after spiking them. They left the town immediately for their own safety, without firing from the houses upon the British. Vaughan, however, was told that Burgoyne had actually surrendered;^[78] and the town was doomed to the flames. The whole was reduced to ashes, and not a house left standing. The American governor Clinton was a tame spectator of the barbarity, but only for want of a sufficient force to attack the enemy. This seemingly revengeful devastation was productive of a pathetic but severe letter from gen. Gates (then in the height of victory) to gen. Vaughan. The latter with a flood tide might have reached Albany in four hours: there was no force to have hindered him. When he burnt Livingston’s upper mills, had he proceeded to Albany and burnt the American stores, Gates, as he himself has declared, must have retreated into New-England. The royalists may justly remark upon the occasion—“Why a delay was made of seven days after Clinton had taken the forts we are ignorant of. The highland forts were taken the 6th of October; Æsopus was burnt the 13th; Burgoyne’s convention was signed the 17th. There was no force 269to oppose even open boats on the river; why then did not the boats proceed immediately to Albany? Had Clinton gone forward, Burgoyne’s army had been saved. Putnam could not have crossed to Albany. The army amused themselves with burning Æsopus, and the houses of individuals on the river’s bank.”^[79] While the British were manœuvreing in and about the North-River, doing mischief to individuals, without serving their own cause in the least, gen. Gates had express upon express, urging him to send down troops to oppose the enemy. On the 14th he wrote to governor Clinton, “I have ordered the commanding officer at Fort Scuyler to send Van Schaak’s regiment without delay to Albany—desired brigadier-general Gansevoort to repair to that city, and take the command of all the troops that may assemble there—and have sent down the two Æsopus regiments, the Tryon county militia, and most of the militia of Albany county.” But he would not weaken his hold of Burgoyne by any detachment of continentals from his own army or of New-England militia. The New-York state militia, that repaired to the governor to assist the inhabitants, did as much mischief as the enemy, the burning of houses and other buildings excepted. It is too much the case of all militia, that when they march to the assistance of their countrymen against a common enemy they do the former a great deal of damage. The laxness of their discipline, and their unreasonable claims, of indulgences from those whom they are to protect, made them expensive and disageeable guests.

When the convention troops began their march to Boston, the Americans lined the hill and road on each side. They expected to have met with many insults while passing through the centre of them, supposed to be between 11 and 12 thousand; but to their great surprise, not even the least gesture was made us of by way of insult. When they had marched on, Gates pushed the army forward, with the utmost expedition, to stop the cruel career of the British up the North-River. Upon the approach of the Americans Vaughan and Wallace retired to New-York.

It will be some days, before the vessel for France with the news of Burgoyne’s fate, can sail; which admits of my adding to the present letter, destined to go by that conveyance, some other matters proper for insertion.

The Rev. Mr. Duche, formerly the chaplain of congress, made an attempt, by writing, on the patriotism of gen. Washington; nothing more need be said of the transaction than what the general has done, in a letter of October the 16th,——“To Mr. Duche’s ridiculous illiberal performance I made a very short reply 270by desiring the bearer, Mrs. Ferguson of Graham-park, if she should hereafter, by any accident, meet with Mr. Duche, to tell him, I should have returned it unopened, if I had had any ideas of the contents.”

Some persons in congress have been and are manœuvreing to get gen. Conway promoted, which occasioned the commander in chief’s writing the next day to a confidential friend—“I ask why the youngest brigadier in the service (for I believe Conway is so) should be put over the heads of the eldest? I am assured they will not serve under him, I have been a slave to the service; I have undergone more than most men are aware of, to harmonize so many discordant parts; but it will be impossible for me to be of any further service, if such inseperable difficulties are thrown in my way.”

Before the last year’s Massachusetts general court expired, they passed an act to support and enfore the regulating act, made in January, under the title of an act to prevent monopoly and oppression. By this new act, committees were vested with most extraordinary powers, “which,” as the act says, “can only be justified in cases wherein the very existance of the community is depending.” The vanity and folly however of regulating acts has been so seen and felt, that they have been repealed by the new general court, within these five days.

Boston and Marblehead have been under great difficulties for want of flour and Indian corn; and must have suffered much had it not been for the state importations. On the 15th of August there was not flour in the capital sufficient for the inhabitants longer than the next day, except what belonged to the state. The sea-ports and neighboring towns of this state have been used to receive their supplies of flour mostly by water, and from the places now in the hands of the British; they are therefore liable to be distressed by the operations of the war, though happily exempted from being the seat of it, since the evacuation of Boston.

A secret expedition has been carrying on against Newport, without gen. Washington’s having ever been consulted upon it, or knowing from whence or whom it originated. Gen. Spencer was stationed at Providence, and of course conducted it.—The states of Rhode-Island, Connecticut and Massachusetts furnished almost the whole of the troops. The militia who were called out opon the occasion, readily engaged in the service, for they were filled with the expectations of success, and the hopes of plunder. Every thing went on well for some time, without the British troops knowing that preparations were making for passing over to Rhode-Island, and attacking them. At length 271a half-witted fellow, without seeing consequences, of his own head carried over in his boat to the island a Jew, whom he landed, and who was to go to Newport, and the neighbourhood, and procure all the intelligence he could and then to return with his information to gen. Spencer. The Jew went to the enemy and acquainted them with the expedition that was going forward. Upon this the British immediately took proper measures for their security. Gen. Spencer however, perfected his preparations. The time and manner for carrying the militia over was settled. Brigadier Palmer, who headed those from the Massachusetts, had his orders given him, but instead of executing them with life and spirit, he neglected and disobeyed them. His conduct occasioned a failure of the expedition. Spencer’s courage would have led him to have attempted carrying the island, after this disappointment, and with a smaller body of troops than were originally to have been employed; but others would not consent to it. The employing of the Connecticut militia in this service, contributed greatly to, if not wholly caused that weakness in the American force stationed on the North-River, which occasioned the loss of the forts Montgomery and Clinton.

A long letter for doct. Fothergill goes by the present opportunity. The writer mentions that the Americans are determined not to part with their independence, and proposes that there should be an immediate acknowledgment of it, on the part of Breat-Britain, and an entering upon a commercial alliance with the United States, before any foreign power interferes.—Numbers have been for some time dissatisfied with the French, because of their not affording more speedy, open, and important assistance. They flatter themselves that the capture of Burgoyne’s army will produce a change in the politics of France. An adoption of the above proposal will be the best expedient for over-reaching her in any design of injuring our native country.

272

LETTER IX.

Roxbury, January 29, 1778.

My dear Sir,

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. 273The 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 274and 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 275a 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 276defences 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 277was 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 278ground. 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 279the 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 280four 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 281have 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 282Philadelphia:—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 283must 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 284delegate 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 285on 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 286might 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.

287Full 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 288of 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.

289The 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, 290shall 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 291regulation 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 292land 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.

293These 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 294held 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.” 295The 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 296the 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 297escape 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, 298“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.