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the obtaining them, their Searches were fruitless, and he is here without a single Letter. As your Letters may be of the utmost Consequence, and the Enemy may derive great Advantages from the knowledge of their Contents (as I have no Doubt but they will soon be in possession of them) I have judg'd it proper without waiting for the Meeting of Congress in the Morning to dispatch this Express to you, to give you this Intelligence that you may as far as possible Guard against the Movements the Enemy may take in Consequence of the Intelligence they may gain by the possession of those letters, and that you may Take such Steps as this Accident may Suggest to you from the particulars of your Letters as necessary to Counteract the Attempts of the Enemy. I however hope that your Letters, should they fall into their hands will not afford them much Comfort, nor give them any great Prospects of advantages, tho' I shall be unhappy until I know the Contents, and Beg by the Return of this Express you will send me a Copy of them as it will be a great Relief to Congress to Receive the earliest accots.

I shall early in the morn send to Bristol and have a strict sea [rch] made, and Recover the Letters if possible, a[nd] detect the persons who Rob'd the mail.*

You will Excuse this hasty Letter, and wrote in great Agitation and hurry, as I would not lose a moment in sending it off.

187. WILLIAM HOOPER TO THE PRESIDENT OF THE
NORTH CAROLINA CONVENTION.1

Honoured Sir,

PHILADELPHIA, Oct 29. 1776.

By my worthy Colleague Mr Penn, I do myself the honour to transmit a resolution of the Continental Congress which bears immediate relation to the State of North Carolina. The Congress having been informed that the Armed vessels belonging to the Enemy have lately quitted the River of Cape fear, and have proceeded to the Northward, have bestowed their thoughts upon the practicability of fortifying that entrance into your state, and excluding the British Men of War. The importance of such a measure must weigh as powerfully with you as with them, and I am well assured that nothing will be wanting on your part to carry it into Execution with all possible dispatch.

You will observe that this is to be executed at the Expence of your own particular state; a recommendation of a similar kind went to South Carolina, in consequence of which they have erected very great and very expensive fortifications at their own cost. It becomes Oeconomy in you to bear this Expence yourself, rather than by making it Continental, expose yourself to pay your proportion of the large fortifications which

4 See the Journals, Oct. 29, 31, Nov. 6, 20, 27, Dec. 12. A reply to this letter, Nov. 1, by R. H. Harrison, Washington's secretary, is in Force, Am. Arch., fifth ser., III. 464. See also Washington's Writings (ed. Ford), V. 25. [187] N. C. Hist. Comm.; N. C. Col. Recs., X. 871.

2 See the Journals, Oct. 29.

This probably refers to the resolve of Nov. 4, 1775.

have been or may hereafter be erected in the Eastern States. Your proportion only of the Connecticut forts would amount to as much as the whole of those proposed for your colonial security. In this case therefore it will be political (at least for us) to suffer each state to bear its own burdens.

Should the Convention think it proper to apply to the Continentl. Congress for the Assistance of an Engineer to execute this proposal, I shall upon being informed thereof immediately take the proper steps to procure one and send him on.*

Sir

188. JOHN WITHERSPOON TO HORATIO GATES.1

PRINCETON OCtr 30, 1776

It gave me much Concern that you had not an immediate and fully satisfying answer to your Letter to Congress relating to the dissolving the Court Martial. There was a full and ample report brought in upon it by the board of War but it was postponed after some Debate for a little and many things being thrust in that seemed to. require immediate Despatch it was some time before it was brought in again and the second time when it was just about to be almost unanimously agreed to by the artful Management of some who wanted a little Alteration made it was postponed again by the Demand of a paper which was not at hand and since that time your friends thought it not worth while to resume it.2 I must however assure you that by far the greatest part of the Congress have a very high sense of your importance and services in a particular Manner for discouraging to the utmost of your power Colonial Jealousies and Distinctions.

I have written to General Maxwell that he is indebted to you for a very honourable Mention of him in your Letter to Congress which was read at the last promotion of General Officers when he could certainly have been promoted but for some of his friends here.3. . .

189. BENJAMIN RUSH TO THE PRESIDENT OF THE PENNSYLVANIA COUNCIL OF SAFETY (THOMAS WHARTON, JR.).1

Sir

In consequence of the letter from Mr. Fisher to the Counsel of Safety of Pennsylvania being laid before Congress, the Congress resolved that the board of war should immediately order a part of a Virginia regiment now on the Eastern Shore of Maryland to march to Dover there to wait

4 See Hooper's letter of Oct. 26, N. C. Col. Recs., X. 862.

[188] N. Y. Hist. Soc., Gates Papers, VII.; Force, Am. Arch., fifth ser., II. 1293. 2 The reference is to the court-martial of Col. Moses Hazen. See, in the Journals, Sept. 18, the “postponed ” articles in a report of the board of war. When the second postponement took place cannot certainly be made out.

"

* The promotion of general officers referred to is probably that of Aug. 9. See Maxwell's memorial, Aug. 28 (read in Congress Sept. 6), in Force, Am. Arch., fifth ser., I. 1204. He was made a brigadier-general Oct. 23.

[189]1 Library of Congress, Personal; Pa. Arch., first ser., V. 58.

for such Orders as the future accounts they shall receive from the Sussex tories shall render necessary.2

Friday. [November 1, 1776.]3

Sir,

190. WILLIAM HOOPER TO THE NORTH CAROLINA
PROVINCIAL CONGRESS.1

PHILADELPHIA, November 1st, 1776.

I take the freedom thro' you to communicate to the Honourable the Convention the memorial of several of the prisoners from North Carolina now confined in the Gaol of this City. Their confinement tho' accompanied with every circumstance of humanity which the publick security will admit of must however as the Winter advances become more irksome, from a scarcity of cloathing an inconvenience which at this time it will be very difficult to relieve. I shall not take the freedom to intrude my opinion upon the Conventions. I may be permitted to say that I lament that conduct which has drawn upon them the resentment of their injured Country. I feel sincerely for their distressed families, and earnestly wish they may be restored to their homes as soon as such a measure can take place without hazarding the safety of North Carolina.2

Sir,

191. THE PRESIDENT OF CONGRESS (JOHN HANCOCK) TO
GEORGE WASHINGTON.1

PHILADA. Novr. 5th. 1776.

The Congress, apprehensive that Commissioners from some of the States for the Purpose of appointing Officers in the Army under the new Establishment, may not have arrived at the Camp, and at the same Time fully and deeply impressed with the Necessity of recruiting the Army to

2 See the Journals, Nov. 1. The letter of Henry Fisher referred to is probably that of Oct. 25, in Pa. Arch., first ser., V. 53. See also no. 168, ante, and no. 192, post. 8 The letter is endorsed: "From Doctr. Rush Novr. Ist 1776."

On the same day (presumably; the date is merely "Friday") Rush addressed the following note to the president of the Pennsylvania council of Safety (copied from the original, then in possession of Mr. Stan. V. Henkels of Philadelphia):

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The enclosed petition was referred to the council of Safety by the Congress. He is entitled I believe to half pay from our State agreeable to some late resolutions of congress."

The petition referred to is probably that of Ezekiel Letts, in Pa. Arch., first ser., V. 57, to which Rush has appended an endorsement, dated Oct. 31, 1776. There is no mention of the case in the Journals. The resolutions referred to are of Aug. 26. [190]1 N. C. Col. Recs., X. 888.

2 The memorial of the prisoners, dated Oct. 31, accompanies this letter of Hooper in N. C. Recs. See the Journals, Oct. 17; cf. ibid., Dec. 20, 22, 23, 1776, Jan. 9, 1777. See also no. 391, post. Hooper's letter and the memorial were laid before the North Carolina congress Tuesday, Nov. 19, and consideration referred to the following Thursday. The matter was not, however, then taken up. For the case of Brig.-Gen. Donald MacDonald, see a letter from him to the board of war, Sept. 7, 1776, in Force, Am. Arch., fifth ser., II. 191, and consult the Journals, passim.

[191] Library of Congress, Letters to Washington, XC. 7; Force, Am. Arch., fifth ser., III. 514.

140

its full Complement, have passed the enclosed Resolves, authorizing you to grant Warrants to such Officers as you shall think proper, provided there are no Commissioners from the State to which such Officers belong."

As it is of the greatest Consequence that the Militia now in Service should not leave the Camp at this Crisis, it is the Desire of Congress that you will take such Steps as you shall judge best for attaining this End; and that in particular, you should for that Purpose write to such of the States as have any Militia in the Government of New York, requesting their Assistance in the Business.

The Commissions for such Officers as you shall please to appoint by Warrant, in Consequence of the enclosed Resolves, shall be forwarded as soon as possible.

The Resolves herewith transmitted, I am to inform you, do not extend to the Maryland troops, as the Commissioners from that State are on their Way to Head Quarters to appoint Officers agreeably to the former Resolves of Congress. You will therefore be pleased to suspend any appointment of Officers for that State, until you shall hear further from Congress, or until the Arrival of those Gentlemen shall make it un

necessary.

2 See the Journals, Oct. 8, Nov. 4.

3 Some resolutions of the Maryland convention relative to raising the state's quota of troops were presented to Congress Oct. 23 and referred to a committee. The committee made its report Oct. 30, and the conclusions of Congress thereon were transmitted to the convention by President Hancock Nov. 4 (Force, Am. Arch., fifth ser., III. 508). For the origin and purpose of the Maryland commission, see the proceedings of the Maryland convention, Oct. 4, 9, in the Journal of the Maryland Convention, pp. 265, 272-274; Force, Am. Arch., fifth ser., III. 116, 120. The commissioners were Benjamin Rumsey, James Lloyd Chamberlaine, Thomas Contee, and John Hanson, jr. A letter from Rumsey to James Tilghman, Oct. 24 (Md. Hist. Soc., Red Book, IV. 44; Arch. of Md., XII. 397), throws light on the earlier proceedings of Congress on the matter. The letter is addressed: "To The Honble James Tilghman Esquire In his absence To any other of the Council of Safety of the Province of Maryland":

"I arrived here on Saturday Evening last but my Colleagues did not all arrive before last Monday. On Tuesday we laid the Resolves of Convention before the Congress and on Wednesday about one OClock two of their Members informed Us that the Mode proposed by our Convention of substituting the Gift of ten Dollars in Lieu of the hundred Acres of Land would prove in the Opinion of Congress extremely prejudicial to the united States as it would subject them all to the same Advance, an Expence in their Apprehension too great to be borne and wch. to use their own Expressions would break the Back of all North America they represented that Land might be bought for three Dollars per hundred that the Soldiery had already extorted from the State greater Wages than could well be borne. They further requested to know if We would proceed to attempt the Inlistment of the Men with the twenty Dollars Bounty without promising the ten Dollars which Congress were not inclinable to grant at present but had appointed a Committee to draw up a Letter to the Convention of Maryld on the Subject of their Resolves setting forth their Reasons for not furnishing Us with Money and dissuading them from that Mode of raising Men.

"We informed the Gentlemen our Province had no Land solely, that an Expectation was formed by the People of our State that what was conquered from an Enemy at the joint Expence of Blood and Treasure of the whole should become their joint property but as Claims had been set up opposite to our Ideas of natural Justice it became a wise people rather to prepare for the worst by giving ten Dollars now than trust to the mercy of a few Venders from whom they would be obliged to purchase (having pledged their Honour) at any price, the Case of all Monopolies; that we had limited Orders from our Convention a special Authority under which We must act and not deviate; that if their Letter to our Convention could be wrote in any reasonable Time we would await the Event and return or advance as we should be by them ordered. They also observed that the State of Maryland shewed a Disposition to seperate by their

The enclosed Commission of Brigadier General you will please to have delivered to Genl Smallwood.

[P. S.] I send some commissions, and shall send others immediately. Mr Harrison's Letters to 3rd Inst. are come to hand.*

Dear Sir,

192. ROBERT MORRIS TO GEORGE READ.1

PHILADELPHIA, November 6th, 1776.

You will not wonder that I should be obliged to answer your favor of the 5th instant in a great hurry, after detaining the bearer some time before I could even sit down to write.

It seems there is some foundation for the report you heard, although not strictly true. I was not in Congress when Dr. Rush brought the account from the Council of Safety, but am told, he moved for some Continental troops being ordered down, which was opposed by several members upon the very principles you would wish, and finally the motion was rejected; but as a Virginia regiment was ordered up from the Eastern Shore, they were directed to halt at Dover for the further orders of Congress, on the supposition that your government would apply for them if they should think it necessary."

This I believe to be the true state of facts, and as my sentiments are totally with you, I am ready to obey your commands, or do anything you desire, if in my power; being very sincerely, dear sir, your obedient

servant,

ROBERT MORRIS.

Resolves from the united States, that the Resolves ran in the Stile of We would not. We remarked in Reply that the Terms made use of were ought not and the two Reasons that appeared in the Resolves themselves were first that the Mode of Calculation was unequal and the second that it was not of our power to comply not having the Lands solely and exclusively and yet notwithstanding Injustice was done Us and We had not the Lands etc We had as a State resolved to raise the Men requested by Congress which together with our former Zeal in the Cause evinced our Attachment to it and ought in our Opinion to have excused us from such an Imputation. Thus ended the Discourse and it is now Thursday Evening and no Lre. wrote that We know of I shall wait upon a Gentleman of the Congress to Morrow for the Lre. to go by the Post and We intend to write to the Convention.

....

"When I set off from Annapolis I asked G. Duvall for the Commissions transmitted to Convention by Congress, he answered there were None sent they were to be got at Philada. When We came here our old Friend the Honble Jno. Hancock would have sent us back to get them but he was overruled in this and We should have got others. I beg if we are continued in Office that We may not have Favours of that Sort to askAnd that you will take Care they shall be sent up by the next post.

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See the council to the commissioners, Nov. 1, 8, Arch. of Md., XII. 416, 423. The subject was again considered by the Maryland convention Nov. 8, 9, 10 (Force, Am. Arch., fifth ser., III. 174, 177-178, 179), and on Nov. 13 Congress was induced to modify its action. See nos. 205, 216, 219-221, 226, 248, post. For an elaborate treatment of the whole subject of Maryland's attitude on the land question, see H. B. Adams, Maryland's Influence upon Land Cessions to the United States (Johns Hopkins Univ. Studies, ser. III., no. 1), and Shosuke Sato, History of the Land Question in the United States (ibid., ser. IV., nos. 7-9). Cf. vol. III. of these Letters, under June 22, 1778. R. H. Harrison, Washington's secretary.

[192]1 Read, Life of Read, p. 213.

2 See nos. 168, 189, ante; also the letter of George Read (dated at Newcastle, Nov. 5, Life of Read, p. 212) to which this is a reply. The letter is also in Henkels, Catalogue, no. 1183, with the date Nov. 4. In regard to Read's attitude toward Henry Fisher, cf. the letter of James Sykes, Apr. 10, 1777, post.

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