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24. THE PRESIDENT OF CONGRESS (JOHN HANCOCK) TO THe New JERSEY CONVENTION.1

Gentlemen:

PHILADA. July 19, 1776.

The Congress being informed that there is a large Quantity of Stock on the Sea Coast of your Colony, which are much exposed to the Incursions of the Enemy; and that many of the Proprietors of them, actuated by Motives of Interest, or disaffected to the Cause of their Country, would be glad to dispose of them to the Enemy, I am ordered to forward to you the enclosed Resolution, and earnestly recommend it to you to cause the Stock to be removed back into the Country to a place of Safety."

25. THE PRESIDENT OF CONGRESS (JOHN HANCOCK) TO THE New JERSEY CONVENTION.1

Gentlemen:

PHILADA. July 19th, 1776.

I have only time to acquaint you that a Letter from your Agent to Mr. Kinsey was read in Congress; in Consequence of which, I am desired to forward you the enclosed Resolve; and enclose you Copies of Lord Howe's Letter and Declaration, which require no Comment. I am to inform you that Congress wish to know by what Means that Letter to Mr. Kinsey reached his Hands, and am to desire you will take every Method to prevent any Communication with the Enemy from your Colony. This I have in Charge most earnestly to recommend to you, and beg your immediate Attention to it."...

[24]1 Mass. Hist. Soc., Hancock Letter-Book, IV. 246 (first letter); Force, Am. Arch., fifth ser., I. 440.

2 See the Journals, July 17. Cf. the action of the New York convention, July 11, 17, Force, Am. Arch., fifth ser., I. 1398, 1414.

[25] Mass. Hist. Soc., Hancock Letter-Book, IV. 246 (second letter); Force, Am. Arch., fifth ser., I. 440.

2 See the Journals, July 18, 19, 20, and no. 28, post. The letter to Mr. Kinsey, evidently among the numerous letters read on July 18, was from Dennis De Berdt, then agent of New Jersey in England. A similar, if not identical, letter to Joseph_Reed (brother-in-law of De Berdt), dated May 3, is in Force, Am. Arch., fifth ser., I. 372. See Joseph Reed's letter to Mrs. Reed, July 16, to Robert Morris, July 18, James Kinsey to Samuel Tucker, July 19, Tucker to the President of Congress, July 20, ibid., I. 372, 415, 469, 468, respectively, and Morris to Reed, July 21, no. 30, post. Concerning the communications from Lord Howe, see Washington's letters to Congress, July 14, 15, Writings (ed. Ford), IV. 247, 258, and Force, Am. Arch., fifth ser., I. 329, 350, and Reed to Pettit (extract), July 15, ibid., I. 352. Lord Howe's circular letter to the governors and his declaration, both dated June 20, are ibid., fourth ser., VI. 1001. See also Howe's letter to Lord George Germain, Aug. 11, ibid., fifth ser., I. 895. A letter from Howe to Franklin, June 20 (the date of the circular letter and declaration), is ibid., fourth ser., VI. 1000; Franklin's reply, July 21 (see the Journals, July 20), is ibid., fifth ser., I. 482; Howe's reply, Aug. 16, is ibid., I. 979; Franklin's reply to this is ibid., II. 234. The letters are in Wharton, Rev. Dipl. Corr., II. 98, 103, 111, 136. The correspondence is also found in Franklin's Writings (ed. Smyth), VI. 457-466. See also no. 88, post. In regard to the conference between Lord Howe and a committee of Congress, see no. 102, note 2, post.

My Dear Sir,

26..SAMUEL CHASE TO PHILIP SCHUYLER.1

2

PHILADELPHIA, July 19th. 1776

Our Confederation, and plan of a foreign Treaty engages all our attention. I am afraid our military Operations have been too much neglected.

I am anxious to know the Situation of our Affairs with You. on our Return We informed Congress of the abuses and Misconduct, the want of Discipline and the Condition of the Army, and our observations and the Methods to be adopted to remedy in some Measure the Grievances, and to defend the Entrance into these Colonies, if expelled Canada, which We then suspected would happen.3. . .

[26]1 N. Y. Pub. Lib., Schuyler Papers, no. 248.

2 On June 12, in accordance with a resolution of the day before, Congress appointed a committee to prepare a plan of foreign treaties. The committee brought in a report July 18. The plan as reported is printed in the Journals, under that date; as amended it is found in the Journals, under Sept. 17. See no. 18, note 6, ante, and the Journals, July 20, Aug. 22, 27, 29, Sept. 17, 24, 26. Concerning the work of the committee, John Adams says in his Autobiography:

"The committee for preparing the model of a treaty to be proposed to France, consisted of Mr. Dickinson, Mr. Franklin, Mr. John Adams, Mr. Harrison, and Mr. Robert Morris. When we met to deliberate on the subject, I contended for the same principles which I had before avowed and defended in Congress, namely, that we should avoid all alliance which might embarrass us in after times, and involve us in future European wars; that a treaty of commerce which would operate as a repeal of the British acts of navigation so far as respected us, and admit France into an equal participation of the benefits of our commerce, would encourage her manufactures, increase her exports of the produce of her soil and agriculture, extend her navigation and trade, augment her resources of naval power, raise her from her present deep humiliation, distress, and decay, and place her on a more equal footing with England, for the protection of her foreign possessions; and maintaining her independence at sea, would be an ample compensation to France for acknowledging our independence, and for furnishing us, for our money, or upon credit for a time, with such supplies of necessaries as we should want, even if this conduct should involve her in a war; if a war should ensue, which did not necessarily follow, for a bare acknowledgment of our independence, after we had asserted it, was not by the law of nations an act of hostility, which would be a legitimate cause of war. Franklin, although he was commonly as silent on committees as in Congress, upon this occasion, ventured so far as to intimate his concurrence with me in these sentiments; though, as will be seen hereafter, he shifted them as easily as the wind ever shifted, and assumed a dogmatical tone in favor of an opposite system. The committee, after as much deliberation upon the subject as they chose to employ, appointed me to draw up a plan and report. Franklin had made some marks with a pencil against some articles in a printed volume of treaties, which he put into my hand. Some of these were judiciously selected, and I took them, with others which I found necessary, into the draught, and made my report to the committee at large, who, after a reasonable examination of it, agreed to report it. When it came before Congress, it occupied the attention of that body for several days. Many motions were made to insert in it articles of entangling alliance, of exclusive privileges, and of warranties of possessions; and it was argued that the present plan reported by the committee held out no sufficient temptation to France, who would despise it and refuse to receive our Ambassador. It was chiefly left to me to defend my report, though I had some able assistance, and we did defend it with so much success that the treaty passed without one particle of alliance, exclusive privilege, or warranty." Works, II. 516.

The discussion to which Adams refers doubtless took place Aug. 22-29. Cf. nos. 43, 44, 50, 68, post. See also the Bibliographical Notes, in the Journals, VI. 1124. For some account of the further development of the model treaty and its extended use in treaty making see Edmund C. Burnett, "Note on American Negotiations for Commercial Treaties, 1776-1786", in Am. Hist. Rev., XVI, 579-587. See nos. 94, 101, 146, post.

3 Chase was one of the commissioners sent to Canada. They made a verbal report June 11, and brought in a written report June 12.

I am sory to find how egregiously you have been represented to the
Members of Congress. You have many Enemies.
You have many Enemies. I wrote freely to
General Gates, did he communicate to you? *

I shall esteem Myself among the Number of your friends, and am
Your affectionate Servant

S CHASE

27. EDWARD RUTLEDGE TO ROBERT R. LIVINGSTON.1

Dear Livingston,

PHILADELPHIA July 20, 1776.

I should have answered my friend's obliging favor sooner, had I not thought that he would cheerfully excuse me until I had called the attention of the House effectually to the Support of his country. I trust this is in some measure now done. We have sent off Expresses to the Eastern States and to Maryland with very strong requests and in order to compel the Jerseys to afford a further assistance we have directed (not permitted) General Washington to call into your city from the flying camp 2000 men, judging, I should suppose truly that the people of that colony would not suffer to be overrun, but when convinced that they must contribute to the common cause, they would do it at once.2.

28. WILLIAM ELLERY TO EZRA STILES.1

[PHILADELPHIA, July 20, 1776.]

Ld. Howe is arrived in the Eagle Man o' War. The Reinforcmt is not arrived and I hope will never arrive. His Ldship sent a Flag o' truce a few days ago with Letters to Gen. Washington directed "to George Washington Esq." which were not received because his proper Title was not given him: since that some others have been sent to him with a similar Superscription and were for the same Reason not received. After this a flag was sent to Amboy with Letters to all the late Governors S° of N. York incloss written Declarations containing his and his brother's (Genl Howe) appointmt as Commissioners to receive the Submission of the Colonies or private Persons and grant Pardons agreeable to the late act of the Brit. Parliament, and a number of Letters principally from Friends in London to Friends here placing the Character of the Howes in the most amiable point of View, and recommending Reconciliation with G. Britain. These Letters were all sent by the commanding Officer at Amboy to G. Washington, and were transmitted by him to Congress, and were opened and read, that part of them, I mean which related to our Affairs. Among the Letters were some to Dr Franklin, one to the Farmer, and one to Mr Stockton. Dr Franklin was not in Congress "On yester

4 See his letter to Gates, July 18, Force, Am. Arch., fifth ser.,

day, I came to Congress with Mr. Carroll", etc.

I. 410.

[27] N. Y. Pub. Lib., Bancroft Coll., Livingston Papers, I. 191 (copy of part).
2 See the Journals, July 16, 19 (Maryland). Cf. no. 22, ante.
[28]1 Literary Diary of Ezra Stiles, II. 31 (extract).

when the Letters were bro't in, but was sent for. When he entered, his Letters were delivered to him sealed. He opened them, looked over them, and handed them to the President desiring him to read them. They were according read to Congress and contained much the same Sentiments with those to Friends, as did that to Mr Stockton, who is a Member of Congress, and who was treated and behaved in the same manner that Dr Franklin did. As the Farmer is in the Jersey at the Head of his Battalion, his Letter is kept sealed by the President until he shall return and receive it in Congress.2 The Letters to the late Governors and the Declarations are ordered to be printed to let the People see upon what Terms Reconciliation is proposed to them:-Odi Danaös, etiam Dona ferentes: but when what some People, Tories, may call the Olive-plant is handed to us at the point of the Bayonet, or is hurled to us from the Mouths of Canon, if possible I should more than hate it. The Truth is the Door is shut, and it would now be in vain, to talk of any sort of Alliance with Britain but a Commercial One. We have been driven into a Declara of Independency and must forget our former Love for our British Brethren. The Sword must determine our Quarrel.

1

29. JAMES WILSON TO THE COMMISSIONERS FOR INDIAN AFFAIRS.1 [PHILADELPHIA, July 20, 1776.] Doctor Franklin and I have been favoured with your letter of the 14th instant. At his request I write this answer for him and myself. I believe the Congress have no particular views which they would wish to accomplish at the ensuing Treaty. Their intention and their earnest desire is that Peace and Friendship may be preserved and cultivated between the United States and the Indian Tribes. Presents are the most prevailing arguments that can be used with the Savages for this purpose.2

Dear Sir

30. ROBERT MORRIS TO JOSEPH REED.1

FROM THE HILLS ON SCHUYLKILL
July 21st. 1776.

I received your obliging letter of the 18th. yesterday in Congress, and shou'd have been tempted to have laid the enclosure immediately before the House, had not a letter from the same person on the same subject and in a similar style addressed to J. Kinsey Esqr of New Jersey, been read in Congress the day before. the Temper of the House was plain and

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[29]1 Henkels, Catalogue, no. 738, item 140 (extract).

2 The commissioners for Indian affairs in the Middle department were Jasper Yeates and John Montgomery, appointed July 4 (Journals, V. 517). See also ibid., July 20. Cf. nos. 60, 70, post.

[30] N. Y. Hist. Soc., MSS. of Joseph Reed, IV.; Force, Am. Arch., fifth ser., I. 467 (dated July 20).

you may judge what it was, when I tell you, the only enquiry that letter produced was, ? how it got to Mr. Kinseys hands.2

I am sorry to say there are some amongst us that cannot bear the thought of reconciliation on any terms. to these men all propositions of the kind, sound like high Treason against the States and I really believe they wou'd sooner punish a Man for this Crime than for bearing arms against us.

I cannot help Condemning this disposition as it must be founded in keen resentment or on interested Views whereas we ought to have the Interest of our Country and the Good of Mankind to Act as the Main Spring in all our Public Conduct. I think with you that if the Commissioners have any propositions to make they ought to be heard. shou'd they disclose powers different from what we imagine them to be Vested with, and an inclination to employ those powers favourably for America, it is our duty to attend to such offers, weigh well the Consequences of every determination we come to and in short to lay aside all prejudices, resentments and sanguine Notions of our own Strength in order that Reason may influence and Wisdom guide our Councils. If the Admiral and General are really desirous of a Conference I think and hope they will address our General properly. this may be expected if they have powers beyond granting pardons; if they have not, it is Idle for them to solicit any intercourse as no good can possibly arise to them or their Cause from it, but on our parts I think good Policy requires that we shou'd hear all they have to say. I am not for making any Sacrifice of Dignity; but still I wou'd hear them if possible, because, if they can offer Peace on admissïble terms I believe the great Majority of America wou'd still be for accepting it. If they can only offer Pardons and that is fully ascertained it will firmly Unite all America in their exertions to support the Independence they have declared, and it must be obvious to everybody that our United Efforts will be absolutely necessary this being the case? why shoud we fear to Treat of Peace or to hear the Commissioners on that Subject. if they can offer terms that are advantageous and honorable for this Country, let us meet them, if they cannot, We are not in a situation or temper to ask or receive pardons, and all who 'dont mean to stoop to this Ignominious submission will consequently take up their Arms with a determination to Conquer or die. If they offer or desire a Conference and we reject it, those who are already dissatisfyed will become more so others will follow their example and we may expect daily greater disunion and defection in every part of these States. at least such are my apprehensions on this Subject. I have uniformly Voted against and opposed the declaration of Independance because in my poor oppinion it was an improper time and will neither promote the interest or redound to the honor of America, for it has caused division when we wanted Union, and will be ascribed to very different principles than those, which ought to give rise to such an Important measure. . . .

P. S. I will lay the London Letter before Congress tomorrow

2 The letter from Dennis De Berdt, May 3. See nos. 25, 28, ante.

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